Please note:  These minutes are yet to be confirmed as a true record of proceedings

CITY OF BUSSELTON

MINUTES FOR THE Council  MEETING HELD ON 8 July 2015

TABLE OF CONTENTS

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening and Announcement of Visitors. 3

2....... Attendance. 3

3....... Prayer. 3

4....... Public Question Time. 4

Response to Previous Questions Taken on Notice. 4

Public Question Time. 4

5....... Announcements Without Discussion.. 4

Announcements by the Presiding Member. 4

Announcements by other Members at the invitation of the Presiding Member. 4

6....... Application for Leave of Absence. 4

7....... Petitions and Presentations. 4

8....... Disclosure Of Interests. 4

9....... Confirmation and Receipt Of Minutes. 4

Previous Council Meetings. 4

9.1          Minutes of the Council  held on 24 June 2015. 4

9.2          Minutes of the Airport Advisory Committee held 25 June 2015. 5

10..... Reports of Committee. 7

10.1        Airport Advisory Committee - 25/06/2015 - BUSSELTON REGIONAL AIRPORT REDEVELOPMENT PROJECT. 7

10.2        Airport Advisory Committee - 25/06/2015 - NAMING OF BUSSELTON REGIONAL AIRPORT. 16

10.3        Airport Advisory Committee - 25/06/2015 - BUSSELTON REGIONAL AIRPORT HANGAR LEASES. 48

11..... Planning and Development Services Report. 24

11.1        DA15/0174: TOURIST ACCOMMODATION UNIT: LOT 16 YALLINGUP BEACH ROAD.. 24

12..... Engineering and Work Services Report. 31

Nil

13..... Community and Commercial Services Report. 32

13.1        GEOGRAPHE LEISURE CENTRE HEALTH SUITE THREE LEASE AGREEMENT. 32

13.2        MARKETING AND EVENTS REFERENCE GROUP OUTCOMES - CINEFEST OZ FUNDING APPLICATION.. 54

14..... Finance and Corporate Services Report. 37

14.1        CITY OF BUSSELTON CEMETERIES LOCAL LAW... 37

15..... Chief Executive Officer's Report. 45

15.1        COUNCILLORS' INFORMATION BULLETIN.. 45

16..... Motions of which Previous Notice has been Given.. 58

Nil

17..... Confidential Reports. 59

17.1        LAND TRANSACTION: DISPOSAL OF LOCAL GOVERNMENT PROPERTY  LOTS 121 AND 122 KENT STREET AND LOT 309 PRINCE STREET. 59

18..... Questions from Members. 60

19..... Public Question Time. 60

20..... Next Meeting Date. 60

21..... Closure. 60

 


Council                                                                                      3                                                                             8 July 2015

MINUTES

 

MINUTES OF A Meeting of the Busselton City Council HELD IN the Council Chambers, Administration Building, Southern Drive, Busselton, ON 8 July 2015 AT 5.30pm .

 

1.               Declaration of Opening and Announcement of Visitors

The Presiding Member opened the meeting at 5.30pm.

2.               Attendance

Presiding Member:

Members:

 

Cr Ian Stubbs           Mayor

Cr Grant Henley

Cr John McCallum

Cr Tom Tuffin

Cr Gordon Bleechmore

Cr Rob Bennett

Cr Coralie Tarbotton

Cr Jenny Green

 

 

Officers:

 

Mr Mike Archer, Chief Executive Officer

Mr Oliver Darby, Director, Engineering and Works Services

Mr Anthony Rowe, A/Director, Planning and Development Services

Mrs Naomi Searle, Director, Community and Commercial Services

Mr Matthew Smith, Director, Finance and Corporate Services

Miss Lynley Rich, Manager, Governance Services

Mrs Katie Banks, Executive Assistant

 

Apologies

 

Nil

 

Approved Leave of Absence

 

Cr Terry Best

 

Media:

 

“Busselton-Dunsborough Times”

“Busselton-Dunsborough Mail”

 

Public:

 

2

3.               Prayer

The prayer was delivered by Pastor Nathan Seinemeier from Cornerstone Church of Christ.

4.               Public Question Time

Response to Previous Questions Taken on Notice 

 

Nil

Public Question Time

 

Nil

5.               Announcements Without Discussion

Announcements by the Presiding Member

 

Nil 

Announcements by other Members at the invitation of the Presiding Member

 

Nil

6.               Application for Leave of Absence

Nil

7.               Petitions and Presentations

Nil 

8.               Disclosure Of Interests

Nil

9.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

9.1             Minutes of the Council  held on 24 June 2015

Council Decision

C1507/181              Moved Councillor G Henley, seconded Councillor J McCallum

That the Minutes of the Council  Meeting held 24 June 2015 be confirmed as a true and correct record.

CARRIED 8/0

 


 

Committee Meetings

9.2             Minutes of the Airport Advisory Committee held 25 June 2015

Council Decision

C1507/182              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

1)         That the minutes of a meeting of the Airport Advisory Committee held on 25 June             2015 be received.

 

2)         That the Council notes the outcomes of the Airport Advisory Committee meeting               held on 25 June 2015 being:

                            

             a)            The Committee noted the Busselton Regional Airport – Airport Update                                Report

 

             b)            The Busselton Regional Airport Redevelopment Project Item is presented for                    Council consideration at Item 10.1 of this agenda

 

             c)            The Naming of Busselton Regional Airport Item is presented for Council                               consideration at Item 10.2 of this agenda

 

             d)            The Busselton Regional Airport Hangar Leases Item is presented for Council                       consideration at Item 10.3 of this agenda.

CARRIED 8/0

 


 

Adoption by Exception Resolution

At this juncture the Mayor advised the meeting that the below reports, including the Committee and Officer Recommendations, will be adopted en bloc.

En Bloc Motion

Council Decision

C1507/183              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

That the Committee and Officer Recommendations in relation to the following agenda items be carried en bloc:

10.1        Airport Advisory Committee - 25/06/2015 - BUSSELTON REGIONAL AIRPORT REDEVELOPMENT PROJECT

10.2        Airport Advisory Committee - 25/06/2015 - NAMING OF BUSSELTON REGIONAL AIRPORT

11.1        DA15/0174: TOURIST ACCOMMODATION UNIT: LOT 16 YALLINGUP BEACH ROAD

13.1        GEOGRAPHE LEISURE CENTRE HEALTH SUITE THREE LEASE AGREEMENT

14.1        CITY OF BUSSELTON CEMETERIES LOCAL LAW

15.1        COUNCILLORS' INFORMATION BULLETIN

CARRIED 8/0

En Bloc

 


Council                                                                                      7                                                                             8 July 2015

10.             Reports of Committee

10.1           Airport Advisory Committee - 25/06/2015 - BUSSELTON REGIONAL AIRPORT REDEVELOPMENT PROJECT

SUBJECT INDEX:

Busselton Regional Airport

STRATEGIC OBJECTIVE:

Infrastructure assets are well maintained and responsibly managed to provide for future generations.

BUSINESS UNIT:

Community Services; Commercial Services

ACTIVITY UNIT:

Commercial Services

REPORTING OFFICER:

Director, Community and Commercial Services - Naomi Searle

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Project Organisation Structure  

 

This item was considered by the Airport Advisory Committee at its meeting on 25 June 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

On Saturday 20 June 2015 the Premier of Western Australia announced funding of $55.9m towards the Busselton Regional Airport Redevelopment Project, the result of the culmination of work over a period of five (5) years and a business case proposal submitted in May 2014.  This report outlines the process going forward to undertake the project, including necessary statutory requirements.

 

BACKGROUND

 

The Busselton Regional Airport (BRA) has been identified as being the most strategically located airport in the Region and is proposed as the ‘Gateway Airport’ for the South West. It is one of the top strategic priorities of the City of Busselton Council and is identified as a key opportunity and driver to stimulate the economic and social growth of the region as outlined in various publications, including; South West Regional Blueprint (South West Development Commission, 2014), Draft South West Regional Planning and Infrastructure Framework (Department of Planning, 2014), and the State Government Strategy for Tourism in WA 2020 (Tourism WA, 2014).  In order for the opportunities to be realised, a significant upgrade is required due to current infrastructure limitations.

 

In support of this vision, in 2012 the then Minister for Transport established a State Government Steering Committee to develop a comprehensive business case to examine the economic and social benefits, infrastructure requirements, and costs of an upgraded airport for the benefit of the state. The South West Development Commission (SWDC) was appointed to prepare the business case with input from all Steering Committee members and external consultants. The final business case was endorsed by the Steering Committee in April 2014 and submitted to the Minister for Regional Development in May 2014.  

 

In June 2015 the City of Busselton was advised that the business case proposal of $55.9m was successful.   These funds will allow for the upgrade of the BRA to stage 2 capacity, to a minimum code 4C classification (A320 and B737 aircraft) that is compliant with CASA and airline standards.  However, dependent upon potential future Federal Government funding applications and tenders received for the delivery of the airside infrastructure works, there may be opportunity to expand the upgrade to international standard (up to code 4E, A330/B787 aircraft) subject to the funding parameters not being exceeded (or a hybrid of staged development to allow for international capacity in the future).  This will require the design of infrastructure to allow for this opportunity.

 

This report provides a high level overview of the BRA redevelopment project plan and subsequent requirements to achieve the funding objectives.

STATUTORY ENVIRONMENT

 

The Busselton Regional Airport operates in accordance with the following: Aviation Transport Security Act 2004, Aviation Transport Security Regulations 2005, CASA MOS 139, City of Busselton Transport Security Plan.

                                                                       

The Local Government Act 1995 defines a major trading undertaking as ‘an activity carried on by a local government with a view to producing profit to it’.  As part of the BRA Redevelopment project, a rigorous passenger demand and route viability assessment was undertaken which formed the basis of an operational financial model for the upgraded facility.  Based on the principles of this model, the upgraded BRA will be a profitable, self-sustaining business unit of the City of Busselton and is therefore considered a major trading undertaking.

 

In accordance with Section 3.59 of the Local Government Act 1995, before it commences a major trading undertaking the local government is required to prepare a business plan and give statewide public notice that;

 

·    the local government proposes to commence the major trading undertaking,

·    a copy of the business plan may be inspected or obtained at any place specific in the notice, and

·    submissions about the proposed undertaking may be made to the local government before a day specified in the notice, being a day that is not less than six (6) weeks after the notice is given.

 

Further, the local government is to consider, by absolute majority, any submissions made, and may only commence the undertaking with the approval of the Minister if it is of a kind for which the regulations require the Minister’s approval.

 

RELEVANT PLANS AND POLICIES

 

The Busselton Regional Airport Master Plan (2011- 2031) and Busselton Regional Airport Statement of Intent outline the vision for the BRA redevelopment and are relevant to this report.

 

FINANCIAL IMPLICATIONS

 

The State Government project funding of $55.9m will be incorporated into the City’s draft 2015/16 budget, and subsequent budgets.  The funding will cover operational and capital costs associated with the project.

 

Long-term Financial Plan Implications

 

An operational financial model was developed as part of the business case proposal which incorporated a 10-year financial plan.  The model considered revenues and costs associated with the upgraded facility, including up front and recurrent capital and ongoing operational expenditure.  The model demonstrates that the upgraded facility will be self-sustainable, generating a modest profit into the future, to be transferred into the City’s Airport Infrastructure Renewal and Replacement Reserve at the end of each financial year.

 

The Long Term Financial Plan (LTFP) is currently based on the ‘here and now’ scenario (stage 1b), and will now require updating to reflect the project, including ongoing operational and capital revenue and expenditure based on the stage 2 redevelopment.  This will be undertaken during the next LTFP review.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This report is consistent with the City of Busselton’s Strategic Community Plan (2013) community goals and objectives;

 

 

Well Planned, Vibrant and Active Places:

·    Infrastructure assets that are will maintained and responsibly managed to provide for future generations.

 

Connected City:

·    Transport options that provide greater links within our district and increase capacity for community participation.

 

RISK ASSESSMENT

 

A comprehensive risk assessment was undertaken as part of the development of the business case proposal that identified and evaluated the effect of uncertainty on the project’s objectives and deliverables, including risk mitigation strategies.  The assessment considered the full project lifecycle, including pre and post project implementation mitigation strategies.  Whilst there are risks assessed as both ‘high’ and ‘medium’, it was considered by business case steering committee members that the risks are manageable and were therefore accepted as part of the business case proposal.  Below outlines the risks assessed as ‘high’;

 

Risk

Controls

Consequence

Likelihood

Risk Level

Passenger demand (competition from other leisure destinations and whether direct access is required)

Ensure attractive route schedules

 

Ensure competitive ticket pricing

 

Effective airport and destination marketing and positioning including iconic Margaret River brand

Major

Possible

High

Sustainable and long term airline operating at BRA

Industry and government support is required to underwrite the route

 

Potential to regulate the route to protect the first airline entrant in commencement years

 

Seek agreement to guarantee the route during underwriting period

Major

Possible

High

Projected aeronautical revenue not realised

Letter of intent, in-principle agreement from commercial airlines to operate from the BRA

 

Effective airport and destination marketing

Major

Possible

High

 

CONSULTATION

 

A significant amount of consultation was undertaken as part of the development of the business case proposal, which was overseen by a State Government appointed steering committee comprising of representatives from; SWDC, Department of Transport, Department of Treasury, Tourism WA and the City of Busselton.  The proposal is based on key findings and outcomes of a number of studies and reports undertaken by external consultants, which were subject to extensive consultation processes.

 

OFFICER COMMENT

 

The BRA Redevelopment Project is the culmination of a significant number of studies and assessments undertaken over a five (5) year period resulting in the submissions of a business case proposal to the State Government in a bid for project funding.  When delivered, the BRA will provide for new alternative direct transport access into and out of the South West region resulting in the BRA being upgraded to service, at a minimum, A320/B737 code 4C narrow body jets using instrument non-precision approaches, conducting domestic RPT and charter services to east coast destinations, as well as other aviation activities.  Subject to meeting the budgetary parameters, there may be an opportunity to expand the upgrade to cater for up to code 4E aircraft (A330/B737), or to implement the upgrade on a hybrid level to allow for the expansion into the future when funding become available. 

 

In order to successfully deliver the project, a ‘Project Office’ will be established to manage the Redevelopment Project, with the following methodology to be undertaken to achieve the requirements as outlined in the business case proposal project scope:

 

·    Review the outcomes and recommendations of the Business Case Proposal for Busselton Regional Airport and related studies, including but not limited to the numerous reports undertaken for the project;

·    Develop a Project Definition Plan (PDP), and Procurement Plan for the redevelopment of the BRA – stage 2 to P90 infrastructure costings standards for State Government approval;

·    Develop and implement an overarching Project Management Plan for the Redevelopment project incorporating separate detailed plans for individual project teams (planning and delivery; operations; infrastructure; and, business development)

·    Develop a comprehensive business plan for the development of the BRA as a successful commercial business unit;

·    Develop a comprehensive stakeholder engagement plan and communications management strategy to guide the way in which the community, State and Federal Government agencies, relevant Ministers, and other stakeholders are engaged;

·    Develop a comprehensive infrastructure development plan to guide airside and landside development;

·    Identify, document and progress the relevant approval processes in relation to airside and landside development, and other areas of development as required;

·    Implement the BRA land assembly plan to facilitate land acquisition requirements;

·    Implement the BRA noise management plan that addresses noise abatement and amelioration strategies;

·    Comply with relevant Federal, State and Local Government legislations and regulations relating to the project, including but not limited to; aviation, safety, security, noise, environmental, planning, building;

·    Facilitate regular dialogue and engagement with key stakeholders with respect to the development of the BRA as a commercial business unit, including but not limited to airlines, concessionaires, tourism service providers, and other aviation related business and industries;

·    Develop and implement a procurement plan to guide the way in which resources and budgetary constraints will be managed;

·    Facilitate the delivery of infrastructure design development;

·    Facilitate the delivery of infrastructure delivery programs;

·    Plan and oversee the continuity of existing air service operations during construction programs;

·    Administer resource and budget control processes to ensure the project is maintained within budget parameters;

·    Develop and implement a comprehensive risk management plan;

·    Develop a comprehensive asset management plan for the BRA;

·    Submit monthly progress reports, issues log and progress payment authorisation requests to the Project Control Group;

·    Undertake regular PDP reviews and report to the Project Control Group.

 

This will be achieved by the following outcomes:

 

Phase 1 – of stage 1b upgrade:

Completion and review of current stage 1b infrastructure upgrade (code 3C, ATR42/ATR 72/Bae146/F50/F100/Dash8 aircraft):

·    Interim expansion of passenger terminal facilitates to accommodate F50/F100 RPT operations – complete

·    Provision of category 5 passenger screening – complete

·    Development and implementation of a Transport Security Program which will require definition and fencing of the airside/landside boundary – complete

·    Provision of Jet A1 fuel facility – planning underway

·    Expansion of car parking facilities – complete

·    Construction of an additional aircraft parking bay – complete

·    Land acquisition in preparation for future stages – underway

·    Review and upgrade of passenger terminal facilities, including upgrades to external services:

ATU upgrade

Electrical upgrade

Stormwater, water

·    Review and upgrade of carparking facilities

·    Development of an emergency services precinct – planning underway

·    Review of the BRA operational governance, including investigation into the future governance model

·    State Government approval of BRA naming

 

Phase 2 – project initiation phase:

Completion of a comprehensive review of the outcomes and recommendations of the Business Case Proposal for the Busselton Regional Airport and related studies to determine the upgrade requirements to achieve the ultimate outcome for the project.  Outcomes include the following:

·    Review of the ‘stage 2’ and ‘stage 2a’ landside and airside infrastructure upgrade requirements

·    Development and broad costings of a project scope for ‘sign-off’ from the City of Busselton

·    Preparation of necessary documentation (quotations, briefs, tenders, contract documents, project office documentation, etc)

·    Completion of a Project Definition Plan (PDP)  and Procurement Plan (to P90 infrastructure costing standards) to be submitted to the State Government for approval

·    Review of Mining Tenements and extraction plans (external holder Cristal Mining)

·    Implementation of land acquisition strategy

·    BRA operational business plan developed

·    Review and submission NMP revision to enable the operations of larger aircraft

·    Establishment of the BRA Redevelopment Project Management Group (Project Office), including governance structures and processes

·    Review and implementation of risk management strategy

·    Issues logs developed and maintained

·    Ongoing project management team meetings held

·    Financial management processes established and implemented

 

Phase 3 – project planning/design phase:

Upon receiving State Government approval, finalisation of project planning and completion of detailed designs resulting in the following outcomes (at a minimum, depending upon the outcome of phase 2):

·    Development and implementation of a stakeholders engagement strategy

·    Development and implementation of an airline engagement strategy (planning underway)

·    Development and implementation of a communications plan

·    Required land secured and acquired

·    Implementation of noise mitigation plan

·    Approved design and delivery schedule of underground power

·    Procurement and management of all consultancies and contracts required to deliver detailed project designs (documentation at construction ready level), including but not necessarily limited to:

Strengthening, widening to 45m and extension to 2340m (although aim to 2520m) of runway 03/21 (including but not limited to clearways, RESA pavements, taxiways, external stormwater, lighting and systems, line marking, navaids, windsocks, BOM station, drainage, fencing)

Two bay parking apron and connecting taxiway integrated to existing apron, including line marking, lighting

New passenger terminal/upgrade of current terminal (as per approved PDP) capable of handling up to 350 passengers at one point in time

Expansion of car parking facilities and systems, including hire cars, buses, etc

Internal road networks

Underground power

Provision of FIFO and/or corporate charter facilities in the old terminal

Airspace design – non-precision departure/approach procedures

·    Detailed designs of all aspects above completed, verified, and quantity surveyed

·    Development and submission of applications for required approvals:

Development Application for terminal (CoB)

Building Application (CoB)

DFES fire safety systems (DFES)

MOWP guidelines documented (CASA)

Security Works Plans/amendments to existing TSP (OTS) (for construction phase)

DAP and AIP (AirServices Australia)

Noise Management Plan (OEPA) – for extended hours of operations

Environmental approvals (DPaW) – for removal of vegetation

·    Procurement documentation for the delivery/construction of the above works

·    BRA operational business plan updated and implemented

·    Assessment and development of a freight strategy

·    Airlines engaged

·    Development of Asset Management Plans

·    BRA financial business operating model updated as required

·    All relevant licences and approvals sought

·    Implementation of risk management strategy

·    Issues logs developed and maintained

·    Ongoing management of the Project Office, including Project Management Group team meetings, documentation, reporting, updating

·    Implementation of financial management processes

 

Phase 4 - project execution/construction phase:

Project execution/construction, and monitoring processes to be undertaken resulting in the following outcomes (at a minimum, depending upon the outcome of phase 2):

·    Stakeholders engaged as per stakeholder engagement strategy

·    Airline engagement strategy implemented

·    Implementation of communications plan

·    Noise mitigation measures implemented

·    Construction MOWP developed and implemented

·    BRA Operating manuals reviewed and submitted to CASA for approval, including OLS

·    Procurement and management of all contractors required to deliver the individual construction projects:

Strengthening, widening to 45m and extension to 2340m (although aim to 2520m) of runway 03/21 (including but not limited to clearways, RESA pavements, taxiways, external stormwater, lighting and systems, line marking, navaids, windsocks, BOM station, drainage, fencing)

Two bay parking apron and connecting taxiway integrated to existing apron, including line marking, lighting

New passenger terminal/upgrade of current terminal (as per approved PDP) capable of handling up to 350 passengers at one point in time

Expanded car parking facilities and systems, including hire cars, buses, etc

Internal road networks

Connection of underground power

·    Approvals received:

Development Application for terminal (CoB)

Building Application (CoB)

DFES fire safety systems (DFES)

MOWP (CASA)

Security Works Plans/amendments to existing TSP (OTS) (for construction phase)

AIP (AirServices Australia)

Noise Management Plan (OEPA) – for extended hours of operations

Environmental approvals (DPaW) – for removal of vegetation

·    Provision of FIFO and/or corporate charger facilities in the old terminal

·    BRA Operating manuals updated, including all operating procedures, processes, systems, OLS, ERSA, AEP, etc

·    Acquisition of security equipment, provisional development of SOPs

·    Airlines engaged, commitment for future RPT services secured

·    BRA financial business operating model updated as required

·    Implementation of freight strategy

·    All relevant licences and approvals sought for post construction phase/ongoing operations, including;

TSP (OTS)

AIP/DAP (AirServices Australia)

CASA – lighting and PAPI flight checks

·    Implementation of risk management strategy

·    Issues logs developed and maintained

·    Ongoing management of the Project Office, including Project Management Group team meetings, documentation, reporting, updating

·    Implementation of financial management processes

·    Completed construction program testing and commissioning, with organisational training implemented to cover whole of life asset management principles and awareness

 

Phase 5 – project completion phase:

Upon completion of the infrastructure upgrade works, project completion phase will result in the following outcomes:

·    OTS TSP approved and implemented

·    CASA approvals; Code 4C certification, lighting and PAPI flight checks

·    AirServices Australia DAP approvals

·    Airlines secured and RPT services operating out of the BRA

·    Freight opportunities progressed

·    Concessionaires operating out of the BRA

·    Charter services operating out the BRA

·    Ongoing implementation of BRA business plan

·    Defects liability period attended to, final certification of all works received

·    Finalisation of Asset Management Plans

·    Final testing and commissioning, with organisational training implemented to cover whole of life asset management principles and awareness

·    Audits and final grant acquittal documentation completed

·    Oversee the development of Asset Management Plans for the works provided

·    Project close-out formally documented and sign-off received from Principal

·    Project Office decommissioned.

 

The ‘Project Office’ will operate as a project management group comprising of qualified staff and personnel (see attachment A) who have significant experience within the aviation industry and managing large infrastructure projects.  This Group will be required to report, through the City’s Chief Executive Officer, to the City of Busselton’s Airport Advisory Committee on a regular basis with regards to the progress of the project and in relation to seeking Council endorsement for matters required under the Local Government Act 1995.

 

Whilst the City of Busselton is the project organisation, as this is a project of State Government significance a Project Control Group (PCG) will be established consisting of representatives from the SWDC and the City of Busselton to oversee the overall delivery of the project.  It is envisaged the PCG would meet on a quarterly basis (or as required) to provide strategic direction and overall decision-making of the project. 

 

In addition to this, a State Government Project Governance Committee will be established comprising of representatives from the Department of Regional Development, Department of Transport, Department of Treasury, SWDC, and Tourism WA.  The Committee will be responsible for monitoring the project deliverables and milestones, ensuing probity compliance, ensuring procurement and contract policies are consistent with State Government policies, and reviewing and recommending any grant variations.

 

The State funding is conditional on ‘Margaret River’ being incorporated into the airport name, and that the name is approved by the State Government.  Project funding will not be forthcoming until the approval has been granted.  Further, as per section 3.59 of the Local Government Act 1995, it is a requirement that a business plan for the BRA Redevelopment Project is publically advertised as it is considered as a ‘major trading undertaking’.  The process is outlined within the ‘statutory requirements’ section of this report and will be undertaken as soon as practical with submissions received to be presented to Council for consideration.

It is proposed that the funding received will be leveraged to support an application to the Federal Government’s National Stronger Regions Funding programme, to allow the further redevelopment of the BRA to stage 2a, to service international destinations.  An application will be made to the second round of the funding programme, due to close in July 2015.

 

CONCLUSION

 

The BRA Redevelopment Project is the result of the culmination of a significant amount of studies and assessments undertaken over a five (5) year period.  The announcement of State Government funding of $55.9m allows the BRA to be upgraded, at a minimum, to code 4C classification (A320 and B737 aircraft) that is compliant with CASA and airline standards, allowing interstate services to Melbourne and Sydney and into the future, short haul international destinations.  Any further funding will allow this opportunity to be further expanded to service international destinations, and realize international freight opportunities.  The establishment of a ‘Project Office’ to oversee the development of the project is essential in achieving the project scope and objectives, and will assist in ensuring appropriate project governance throughout the lifecycle of the project.  Further, the advertising of the project business plan will meet the statutory requirements under section 3.59 of the Local Government Act 1995.

 

OPTIONS

 

Council could choose not to accept the Officer’s recommendation.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Work will commence immediately on the project, including delivering the requirements under Section 3.59 of the Local Government Act 1995, and establishment of the ‘Project Office’.

 

OFFICER RECOMMENDATION

 

That the Council notes the Officers report and the methodology and project phases outlined in the report to deliver the project on the ground.

 

Note:                 The Committee was supportive of the Officer Recommendation, however, felt that the inclusion of the word “endorses”  be added to the recommendation to relay the message that the Committee is supportive of the project. 

 

Council Decision and Committee Recommendation

C1507/184              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

That the Council notes the Officers report and endorses the methodology and project phases outlined in the report to deliver the project on the ground.

CARRIED 8/0

En Bloc

 


Council                                                                                      17                                                                          8 July 2015

10.2           Airport Advisory Committee - 25/06/2015 - NAMING OF BUSSELTON REGIONAL AIRPORT

SUBJECT INDEX:

Busselton Regional Airport

STRATEGIC OBJECTIVE:

Infrastructure assets are well maintained and responsibly managed to provide for future generations.

BUSINESS UNIT:

Community Services; Commercial Services

ACTIVITY UNIT:

Commercial Services

REPORTING OFFICER:

Director, Community and Commercial Services - Naomi Searle

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

 

This item was considered by the Airport Advisory Committee at its meeting on 25 June 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

On Saturday 20 June 2015 the Premier of Western Australia announced funding of $55.9m towards the Busselton Regional Airport Redevelopment Project, the result of the culmination of work over a period of five (5) years and a business case proposal submitted in May 2014.  It is a condition of the funding agreement that the completed airport must include ‘Margaret River’ in the name and that written approval of the name is provided by the Department of Regional Development. 

This report provides an overview of potential names and recommends that Council endorses the name ‘Busselton Margaret River Regional Airport’.

 

 

BACKGROUND

 

The Busselton Regional Airport (BRA) has been identified as being the most strategically located airport in the Region and is proposed as the ‘Gateway Airport’ for the South West. It is one of the top strategic priorities of the City of Busselton Council and is identified as a key opportunity and driver to stimulate the economic and social growth of the region as outlined in various publications.

 

In support of this vision, in 2012 the then Minister for Transport established a State Government Steering Committee to develop a comprehensive business case to examine the economic and social benefits, infrastructure requirements, and costs of an upgraded airport for the benefit of the state. The South West Development Commission (SWDC) was appointed to prepare the business case with input from all Steering Committee members and external consultants. The final business case was endorsed by the Steering Committee in April 2014 and submitted to the Minister for Regional Development in May 2014.  In June 2015 the City of Busselton was advised that the business case proposal of $55.9m was successful.   The funding is however subject to the completed airport including ‘Margaret River’ in its name, and that approval of the name be provided by the Department of Regional Development.  The initial project funding payment is contingent on receipt of the Department’s approval.

 

The future naming of the BRA has been considered by Council in recent times.  In January 2013 the Council considered a report detailing a number of re-naming options which resulted in the Council endorsing (C1301/009):

 

1.    The preferred proposed renaming of the Busselton Regional Airport to the ‘Busselton

(Margaret River) Regional Airport’, subject to the Airport being redeveloped in line with the Busselton Regional Airport Master Plan; and

2.    The preferred proposed name be used as a basis to seek community feedback and that

Council considers any submissions made at the end of the advertising process and then determines whether to rename the Busselton Regional Airport.

 

Following the public consultation process, in April 2013 Council considered submissions received, and the Officers recommendation ‘that in order to provide the best opportunity for the future commercial viability of the Busselton Regional Airport redevelopment, that the re‐naming of the Airport be the Busselton (Margaret River) Regional Airport, subject to the Airport being redeveloped in line with the Busselton Regional Airport Master Plan.’  On consideration of the report Council resolved (C1304/091) that the airport retains the existing name ‘Busselton Regional Airport’ on the basis that it was of the view that an airport’s commercial viability is not based on the name of the airport and that there were no justifiable reasons to include the reference to Margaret River in the name of the airport at that stage.  Further, Council was of the opinion that by retaining the existing name, the City would have the option to include ‘Margaret River’ in the name at a later stage if it is proven absolutely necessary; this left the door open, should Government funding for the Airport be forthcoming, to include ‘Margaret River’ in the name on the basis that it was not necessary to consider changing the name if financial support was not forthcoming.

 

Due to the condition of the State Government funding agreement, Council is now required to consider how ‘Margaret River’ is incorporated into the airport name.

 

STATUTORY ENVIRONMENT

 

Nil.

 

RELEVANT PLANS AND POLICIES

 

Nil.

 

FINANCIAL IMPLICATIONS

 

Funding for the BRA Redevelopment Project will be included in the City’s 2015/16 budget, however funding will be jeopardized should the Council not endorse the inclusion of ‘Margaret River’ in the name of the Airport. 

 

Long-term Financial Plan Implications

 

Due to the current state and degradation of the BRA runway, should funding not be received the Council will be required to consider a significant infrastructure upgrade program, and ways in which to fund the works.  Including ‘Margaret River’ in the name of the Airport will secure the State Government funding, will allow the City to progress a further funding application to the Federal Government, and will secure the financial viability and future of the airport.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This report is consistent with the City of Busselton’s Strategic Community Plan (2013) community goals and objectives;

 

Well Planned, Vibrant and Active Places:

·    Infrastructure assets that are will maintained and responsibly managed to provide for future generations.

 

Connected City:

·    Transport options that provide greater links within our district and increase capacity for community participation.

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the Officer recommendation has been undertaken using the City’s risk assessment framework.  The table below describes identified ‘downside’ risks where the residual risk, once controls have been identified, is identified as ‘medium’ or greater;

 

Risk

Controls

Consequence

Likelihood

Risk Level

Community perception that the Margaret River brand is considered inferior to Geographe Bay and/or Busselton

Effectively communicate the benefits of incorporating the global Margaret River brand in the name.

Minor

Possible

Medium

Confusion that the destination point is Margaret River, not Busselton

Ensure that the marketing of the BRA incorporates Busselton as the destination

Minor

Possible

Medium

 

A broad assessment of the potential implications of not implementing the Officer recommendation has been undertaken using the City’s risk assessment framework.  The table below describes identified ‘downside’ risks, however the residual risk, once controls have been implemented, are rated as low or medium, albeit hold some significance;

 

Risk

Controls

Consequence

Likelihood

Risk Level

State Government will not support the upgrade as the name does not capitalise on the global Margaret River brand, deeming the upgrade financially unsustainable

Incorporate Margaret River in the future BRA name

Low

Rare

Low

Inability to attract airlines to the region based on the marketability of the route

High

Rare

Medium

Inability to generate passenger demand to sustain interstate and international air services

High

Rare

Medium

Extensive marketing funds required to market the City of Busselton as a destination

Allocate funds towards marketing Busselton as a destination.  Work with the Margaret River Busselton Tourism Association and Tourism WA on an airline attraction strategy.  Work with airlines on marketing strategies

Moderate

Possible

Medium

 

 

CONSULTATION

 

In July 2011, the Mayor posted a blog on the City of Busselton’s website titled ‘Naming the Busselton Regional Airport for Ultimate Exposure – What do you think?’  As part of the blog, the Mayor acknowledged the value of the Margaret River brand, despite about 65% of the Margaret River wineries and a larger percentage of Margaret River named businesses being located within the City of Busselton.  Inviting feedback from the public, the blog attracted some 23 comments, indicating this as a highly topical matter, with comments varying in opinions.   

 

Of the 23 responses received, seven (7) were in favour of changing the name, reflecting the wine and/or tourism region, 13 were opposed to changing the name from ‘Busselton’, and three (3) were indifferent.  The main notable reasons for changing the name included:

 

·    One (1) of the prime aims of upgrading the airport is to attract interstate and overseas visitors to the region, incorporating ‘Margaret River’ into the name will capitalise on the existing branding of the region;

·    Incorporating ‘Margaret River’ in the name promotes global thinking, the purpose of redeveloping the airport is to attract visitors to the region, the reality is that ‘Margaret River’ is the better known brand;

·    Leverage off of the ‘Margaret River’ brand;

·    There are many airports in Australia that are located away from the more well-known locality and with a name less well known; and

·    Busselton is part of the Margaret River Wine Region and the name should reflect this.

 

Renaming suggestions included:

 

·    Margaret River Airport;

·    Margaret River Regional Airport;

·    Busselton Regional Airport (Margaret River);

·    Margaret River Airport (Busselton); and

·    Busselton/Margaret River Airport.

 

The main notable reasons for not changing the name included:

 

·    Many airports on the east coast of Australia have names that do not reflect the tourism destination they are close to, renaming it ‘Margaret River’ builds the myth that visitors have to travel to Margaret River to access and appreciate the strengths of the region;

·    The airport is located in Busselton, not Margaret River;

·    There is already a Margaret River Airport, it will create confusion; and

·    Busselton ratepayers have been, and will continue to fund the ongoing operations and capital infrastructure upgrades of the airport.

 

In 2013 a public consultation process was undertaken based on the preferred proposed name endorsed (C1301/009) by Council.  This included an invitation for submissions as advertised in the ‘Council for the Community’ page over a three (3) week period.  The proposal was available for download on the City’s website and at the City’s Administration Building, and Busselton and Dunsborough Libraries.  Further to this, a number of stakeholders were individually requested to make a submission, including the following organisations:

 

·    State Government Agencies represented on the BRA State Government Steering Committee:

South West Development Commission

Department of Transport

Tourism WA               

·    Neighbouring Local Governments:

Shire of Augusta-Margaret River

Shire of Boyup Brook

Shire of Bridgetown-Greenbushes

City of Bunbury

Shire of Capel

Shire of Collie

Shire of Dardanup

Shire of Donnybrook-Balingup

Shire of Harvey

Shire of Manjimup

Shire of Nannup

·    Chambers of Commerce:

Busselton and District Chamber of Commerce and Industry

Dunsborough Yallingup Chamber of Commerce and Industry

·    Tourism Associations:

Geographe Bay Tourism Association

Augusta Margaret River Tourism Association

·    Residents Associations:

Dunsborough Progress Association

Eagle Bay Residents Association

Busselton and Districts Residents Association

Yallingup Residents Association

Wonnerup Residents Association

·    Commercial air transport providers:

Sky West

Qantas

Virgin Australia

Jet Star

Tiger Airways

Skippers

·    Key users of the BRA:

Rio Tinto

Busselton Aero Club

Southern Sky Divers

RFDS.

 

A total of 38 submissions were received, 27 in support of retaining the current name ‘Busselton Regional Airport’, four (4) in support of the preferred proposed endorsed name ‘Busselton (Margaret River) Regional Airport’, and seven (7) in support of an alternate name change albeit two (2) of these submissions supporting the name change to ‘Busselton Margaret River Regional Airport.’

 

In addition to this, extensive consultation has also been undertaken with a number of stakeholders through the development of the State Government business case proposal, and the BRA master planning process, including Tourism Western Australia (Tourism WA), Department of Transport (DoT), South West Development Commission (SWDC), Department of Treasury, and the 12 local governments within the South West region. 

 

OFFICER COMMENT

 

There are a significant number of studies, plans and publications that refer to the BRA upgrade and the strategic importance of including Margaret River in the name.  Officers are of the view that incorporating the global brand into the airport name will support the commercial viability of the facility, and further support the marketing of the destination of Busselton as the entry point into the wine region.  Whilst the region embarks on the amalgamation of the Geographe Bay Tourism Association and Augusta Margaret River Tourism Association, it is viewed as an opportune time to revisit the name of the airport.  Additionally, with the announcement of the State Government funding for the BRA redevelopment project, the Council is now required to incorporate ‘Margaret River’ into the airport name.  Previous considerations of naming options include the following:

 

Margaret River Regional Airport

Whilst it is recognised that the Margaret River brand has extensive marketing value that the City of Busselton can capitalise on, Margaret River already has a recognised airport, which may create confusion amongst visitors to the region.  This option assumes that the location of the airport is in Margaret River, not some 50km away in Busselton.  With the progression of Busselton becoming a City, being recognised as the fastest regional growth area within the state, and with increasing commercial opportunities being progressed, the City will continue to increase in prominence, becoming recognised as an advanced region to live, holiday, and invest.  As the airport redevelopment is recognised as a key infrastructure requirement to progress significant commercial and tourism opportunities, it is viewed by Officers that the region cannot afford to not promote Busselton as the destination.  It is therefore important that the region embraces and capitalises on such opportunities and does not ‘sell itself short’ by not recognising or promoting Busselton as the major City within the region. 

 

Similar successful examples of this naming strategy include the Gold Coast Airport, located in Coolangatta within the Gold Coast tourism region, the Sunshine Coast Airport, located in Maroochydore within the Sunshine Coast tourism region, and the Fraser Coast Airport, located in Hervey Bay within the Fraser Coast tourism region.

 

Busselton Margaret River Regional Airport

Recognising both the City of Busselton and Margaret River Region, capitalising on the Margaret River brand, this option is viewed by Officers as balancing the range of options, views and recommendations of various studies and reports.  Busselton, being the location of the airport, the major City within the Busselton/Margaret River and wider South West Regions, the major growth area not only within the South West Region but also the fastest regional growth area outside of Perth, the progression of major infrastructure and commercial opportunities within the City, and as the major tourist and events destination outside of Perth, the name Busselton at the forefront of the airport name is considered a more sensible approach. 

 

A similar successful example of this naming strategy is the Kalgoorlie-Boulder Airport, located within Kalgoorlie within the Goldfields tourism region, and the Ballina Byron Gateway Airport, located in the town of Ballina, within the Byron Bay tourism region.

 

Busselton (Margaret River) Regional Airport

Similar to the above option (Busselton Margaret River Regional Airport), this option promotes Busselton as the destination, whilst capitalising on the branding of the Margaret River Region.  This option may provide a better impression that the Margaret River Wine Region is located within the Busselton district.  However a disadvantage of this option is that when performing an internet search on some flight or airline search engines, ‘Busselton’ will need to be entered as the destination, which may create a level of confusion as Busselton is not necessarily synonymous with Margaret River.  Extensive marketing can however mitigate this issue.  It should be noted that this is not necessarily the case on all search engines and is limited to only a few, as the majority of internet search engines allow both the current and previous airport names to be used as the airport search name. 

 

This name was endorsed (C1301/009) by Council as the preferred proposed name in 2013, however Officers are now of the view that the use of parenthesis is not line with current regional marketing strategies, and potentially segregates the two regions.

A similar successful example of this naming strategy is the Proserpine (Whitsunday Coast) Airport.  Comparable to this example, ‘Busselton’ at the forefront of the name suggests the location of the airport, whilst the (Margaret River) suggests the recognised branding of the region. 

 

Margaret River Busselton Regional Airport

Similar to the two (2) above options (Busselton-Margaret River Regional Airport and Busselton (Margaret River) Regional Airport), this option promotes Busselton as a destination, whilst capitalising on the branding of the Margaret River region.  An additional benefit of this option is when using internet flight or airline search engines, those who are familiar with the Margaret River brand will clearly recognise the airport, however a key disadvantage is that it does not given a clear impression of the exact location of the airport itself, being Busselton. 

 

There are no known similar naming strategies such as this.

 

Margaret River (Busselton) Regional Airport

Similar to the above option (Margaret River-Busselton Regional Airport), this option promotes Busselton as a destination, whilst capitalising on the branding of the Margaret River Region.  However it is not viewed by Officers as appropriately promoting Busselton as the airport location/destination, and perhaps undermines the fact that the City of Busselton manages, operates and has funded the facility, and is recognised as a significant regional growth area within the state. 

 

There are no known similar naming strategies such as this.

 

Busselton and/or Margaret River Regional or Gateway Airport

The BRA is currently known as a ‘Regional Airport’, and there are many examples similar to this across Australia, such as the Bundaberg Regional Airport, Tamworth Regional Airport, and Coffs Harbour Regional Airport.  There is only one (1) well known example however where an airport in Australia is referred to as a ‘Gateway Airport’, that being the Ballina Byron Gateway Airport.  Whilst Officers do not believe there are significant benefits or disadvantages of using ‘Gateway’ in the airport name, as the airport is currently known as a ‘Regional Airport’, and as it services the wider South West Region, it is considered beneficial if it remain in the future name.

 

Capes – Margaret River Regional Airport

As highlighted in the publication ‘Australia’s South West Tourism Development Priorities 2010-15’, produced by Tourism WA, the Capes area attracts more visitors than the sum of the other areas combined within the State.  Whilst the Capes Region is increasingly becoming known for its natural tourist attractions, it does not necessarily reflect the way in which the region is currently approaching the branding and marketing of the region, which is reflective of the newly amalgamated Margaret River Busselton Tourism Association’s brand strategy.  In addition to this, the name does not reflect that the airport is located in Busselton.  This option is therefore viewed by Officers as not conducive to the strategic vision of the region.

 

CONCLUSION

 

The redevelopment and future naming of the Busselton Regional Airport (BRA) are topics that have been at the forefront of many plans, strategies, proposals and discussions from a range of agencies, organisations and community groups.  With the recent announcement of State Government funding for the BRA redevelopment project, it is now required that Council formally makes a decision on the future naming of the BRA. 

 

The ‘Busselton Margaret River Regional Airport’ naming option is considered the most appropriate and is recommended by Officers as it retains the advantages as outlined in the Officer Comment by recognising the City of Busselton as the owners and operators of the airport, the City as the destination/location, and supports the continued promotion of Busselton as the ‘Events Capital WA’.  Equally the name leverages on the value of the Margaret River brand, promoting the proximity of the Margaret River wine region being in the City of Busselton district, whilst balancing some concerns raised that the City may be ‘selling itself short’ by including Margaret River in the name. In addition to this, the name will provide some much needed marketing leverage to attract interstate and international air services to the region, supporting a successful and sustainable redevelopment.  Equally, on the basis of previous consultation undertaken on the subject, the recommended name provides a clear direction of the City’s preference to include Busselton in the name, averting a potential debate on the topic which may result in an unpalatable name.  It is therefore recommended that Council endorses the re-naming of the BRA to the ‘Busselton Margaret River Regional Airport’, and that Officers advise the Department of Regional Development as required in the funding agreement.

 

OPTIONS

 

Council may choose an alternate name as outlined in the Officer Comment.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

As per the BRA Redevelopment funding agreement requirements, the outcome of the Council resolution will be forwarded to the Department of Regional Development immediately to enable the release of project funds.

 

Council Decision/ Committee Recommendation and Officer Recommendation

C1507/185              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

That the Council endorses the re-naming of the Airport to the ‘Busselton Margaret River Regional Airport’, and that the Department of Regional Development be advised accordingly.

CARRIED 8/0

En Bloc

 

 


 


Council                                                                                      25                                                                          8 July 2015

11.             Planning and Development Services Report

11.1           DA15/0174: TOURIST ACCOMMODATION UNIT: LOT 16 YALLINGUP BEACH ROAD

SUBJECT INDEX:

Development Application

STRATEGIC OBJECTIVE:

A City of shared, vibrant and well planned places that provide for diverse activity and strengthen our social connections.

BUSINESS UNIT:

Development Services and Policy

ACTIVITY UNIT:

Statutory Planning

REPORTING OFFICER:

Statutory Planning Coordinator - Joanna Wilson

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Location Plan

Attachment b    Plans

Attachment c    Schedule of Submissions

Attachment d   Photo Montage  

  

PRÉCIS

 

The Council is asked to consider an application seeking approval for a Tourist Accommodation Unit on Lot 16 Yallingup Beach Road, Yallingup (“the site”).

 

The planning proposal has been placed before Council due to the proposed development being overheight and its prominence.

 

It is considered that the proposal is consistent with the relevant planning framework and is recommended for approval subject to conditions.

 

BACKGROUND

 

The City received an application (DA15/0174) for a Short Stay Accommodation Unit on Lot 16 Yallingup Beach Road, Yallingup (see Attachment A).  The application for planning consent was referred to adjoining neighbouring properties and the Yallingup Residents Association, and the application as advertised is provided at Attachment B.

 

Lot 16 is within a development known as ‘Caves Ridge’; the site is located within a complex of twenty-one short stay accommodation units.  The site is bound by Lot 13, Caves House and Seashells apartments to the east, National Park to the north and west and common property and Lot 15 to the south.  The Lot is zoned ‘Special Purposes’ and forms part of the Caves House, Caves Ridge Development Guide Plan.

 

There is approximately a 5 metres drop in levels from the front to the rear of the site.  When viewed from the road the unit would be single storey and then increase to two storeys at the rear, utilising the significant drop in levels across the site.  The highest part of the unit measures 8.1m above natural ground level with a 200sqm floor area.

 

An original development application for twenty-one short stay accommodation units, which was then followed by a survey strata subdivision approval that resulted in the creation of vacant allotments for separate and subsequent development, had a number of conditions restricting the future development of the units, including a maximum floor area of 148sqm and a maximum building height of 5 metres with the opportunity to increase to 7.5m above natural ground level. 

 

Two other units on the ridge have been granted development approval to increase the height of the units above the 5m from natural ground level, Lot 15 was approved at 6 metres and Lot 13 was approved at 6.5 metres both have a floor area greater than 148sqm.

 

The application was referred to neighbouring properties for comment; two responses have been received.  The main concerns are in respect to the unit being overheight and the impact on the Ridge as a result.

 

STATUTORY ENVIRONMENT

 

The key statutory environment in terms of the planning decision is set out in the City of Busselton Local Planning Scheme No. 21 (‘the Scheme’).  The property is zoned ‘Special Purpose’ and ‘Additional Use 31’ (which provides for, amongst others, ‘Tourist Accommodation’ as a permissible use), and located within an area identified as ‘Landscape Value’ and ‘Yallingup Special Character Area’. 

 

Clause 4.9 of the Scheme refers to the Special Purpose Zone and states ’Land, or any structures of buildings on land in the Special Purpose zone must not be used for any purpose other than the purpose or purposes identified on the Scheme map and in accordance with any Development Guide Plan or Structure Plan that may apply to the land’.

 

The Landscape Value Area provisions of the Scheme are set out at Clause 6.4. The relevant provisions include that:

 

“The local government shall not grant planning approval for the clearing or development of any land identified within a Landscape Value area on the Scheme map unless it has considered:

 

(a)          Whether the development will be compatible with the maintenance and enhancement, as far as is practicable, of the existing rural and scenic character of the locality;

(b)          Whether the development will materially affect any wildlife refuge, significant wetland, coastal environment  or any identified site containing Aboriginal archaeological relics and;

(c)           Disturbance to the natural environment, including:

i)             Visual effects of clearing for development;

ii)            Maintenance of rural character; and

iii)           Habitat disturbance”.

 

Before granting planning approval for the erection of a building on land within the Landscape Value area, the local government shall make an assessment as to whether it should impose conditions relating –

 

a)            The siting of the proposed building;

b)            The use of prescribed materials on the external surfaces of the building; and

c)            The number type, and location of existing trees and shrubs which are to be retained and the extent of landscaping to be carried out on the site.

Part 6.7 of the Scheme deals with Special Character Areas, the provisions state:

 

6.7.1.     The local government may devise development objectives, provisions and/or controls to reinforce, retain or change the characteristics, form and nature of a designated Special Character area, with such objectives, provisions and/or controls being specified in Schedule 4.

 

6.7.2      Where such objectives, provisions and/or controls are specified in Schedule 4 in relation to a designated Special Character area, those objectives, provisions and/or controls act in conjunction with the other provisions of this Scheme relevant to that area with the exception that the provisions of Schedule 4 will take precedence over any other provisions of this Scheme.

In determining all applications for planning approval, the City must also consider the ‘Matters to be Considered’ set out at Clause 11.2 of the Scheme, some of the most relevant in this context are as follows –

 

(h)          the conservation of any place that has been entered in the Register within the meaning of the Heritage of Western Australia Act 1990, or which is included in the Heritage List under clause 8.1, and the effect of the proposal on the character or appearance of a heritage area;

 

(i)           the compatibility of a use or development with its setting;

 

(j)           any social issues that have an effect on the amenity of the locality;

 

(l)           the likely effect of the proposal on the natural environment and any means that are proposed to protect or to mitigate impacts on the natural environment;

 

(m)         whether the land to which the application relates is unsuitable for the proposal by reason of it being, or being likely to be, subject to flooding, tidal inundation, subsidence, landslip, bush fire or any other risk;

 

(n)          the preservation of the amenity of the locality;

 

(o)          the relationship of the proposal to development on adjoining land or on other land in the locality including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the proposal;

 

(v)          whether adequate provision has been made for the landscaping of the land to which the application relates and whether any trees or other vegetation on the land should be preserved;

 

(w)         whether the proposal is likely to cause soil erosion or land degradation;

 

(z)           any relevant submissions received on the application;

 

RELEVANT PLANS AND POLICIES

 

Local Planning Policy No.3 – Special Character Areas and Visual Management Policy

 

‘Clause 4.1.2 -    Development Controls’

 

·    No development in Precinct 1 to exceed the height of immediately surrounding vegetation (i.e. trees within a 100m radius or the immediate landscape unit of a proposed development) in order to maintain the unbroken vegetation canopy. This control was considered as part of the original development application for the short stay units, it was considered at the time that the majority of the new buildings will sit below the canopy of the surrounding vegetation.  In light of the works that have been undertake to comply with the Fire Management Plan a number of the tourists lots have become considerably more visible.  The proposed unit even at 5 metres would be above the canopy of the surrounding vegetation. 

 

Clause 4.3.2       

 

·    Future development within Precinct 1 is to complement (Not necessarily replicate) the architecture of Caves House and nearby buildings. It is considered that the architecture is similar to the surrounding units and would not result in a detrimental impact on Caves House.

Leeuwin-Naturaliste Ridge Policy: State Planning Policy 6.1 (SPP6.1)

 

The site is within the area affected by SPP6.1, which has been formally adopted by the Western Australian Planning Commission pursuant to powers set out in State legislation, and which all decision makers must give due regard to in making planning decisions. SPP6.1 does not provide much in the way of direct or prescriptive guidance in relation to assessment of the application. SPP6.1 does, however, set out some broader guidance that does require consideration and has been considered City officers in drafting this report. In particular, Policy PS3.3, which sets out that; “Development will have due regard for the landscape integrity and value of Ridge backdrops when viewed from the coastline, bays or Travel Route Corridors’.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with the planning decision.

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendation in this report reflects Community Objective 2.2 of the City’s Strategic Community Plan 2013 – ‘A City of shared, vibrant and well planned places that provide for diverse activity and strengthen our social connections.’

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the Officer Recommendation has been undertaken using the City’s risk assessment framework.  The assessment identifies ‘downside’ risks only, rather than ‘upside’ risks as well.  Risks are only identified in Council reports where the residual risk, once controls are identified, is ‘medium’ or greater.  No such risks have been identified.

 

CONSULTATION

 

The planning application was referred to adjoining neighbouring properties and the Yallingup Residents Association; the comments received are outlined in the schedule of Submission at Attachment C

 

OFFICER COMMENT

 

The key questions requiring consideration in determining the development application are seen as being:

1.    Original Development Application and  visual impact on the Ridge more generally

2.    Fire Management

 

Original Development Application and Impact on the Ridge

 

Lot 16 is one of the most visible lots on the ridge, from within the site itself the additional height would not impact on any neighbouring property or the common property as it would be viewed as single storey and there is in excess of 20m separation to Lot 15; the main view that needs to be carefully assessed is the impact from the public vantage points in Yallingup.

 

There are conditions on the original development application for the twenty-one units that restrict the height and the building area of the units.  One of the conditions restricts Lot 16 to a height of 5 metres with the opportunity to increase the height to a maximum of 7.5 metres above natural ground level where it can be demonstrated that any increase in building height above 5 metres will not intrude into the visual quality of the area when viewed from the Heritage Garden of Caves House, Yallingup Beach Carpark, Ghost Trail Reserve (Valley Road Section) and Yallingup Beach Road.

 

It needs to be noted that, notwithstanding that the conditions appear to be drafted in a manner that makes it appear as if the conditions are part of the ongoing planning framework relating to development of the land, that is not in fact the case. The conditions represent outcomes of earlier discretionary planning decisions, and this is a new application that needs to be assessed against the current planning framework – compliance or otherwise with the earlier conditions per se is not an issue that the City can or should focus on in assessing the current application. There is, however, a community expectation contrary to that view and, as such, officers have assessed the application against those earlier conditions so as to be able to advise the Council and community of that outcome – and the proposed development would be somewhat higher (by around 2.5m) and larger (by just over 50m2) than what was approved for this site in the original planning approval.

 

Given the above, the City needs to make a decision in terms of whether the proposed development is appropriate or not, given the planning framework that does actually apply to development of the site. The site is not visible from the Heritage Garden of Caves House, Yallingup Beach Carpark, Yallingup Beach Road nor the Ghost Trail.  When walking along the footpath on Valley Road, the site comes into view from the Fire shed.   At this point Lot 15 and the application site is clearly visible on the Ridge, it is considered that the proposed unit will not ‘skyline’ Lot 15. 

 

Officers are of the opinion that as a result of the proposed unit not being visible from the ‘public vantage points’ in Yallingup as sited above and will not skyline the existing development on the ridge; provided a condition is imposed restricting the use of prescribed materials, the proposed development would not result in a detrimental impact on the Ridge or the Special Character Area

 

The condition relating to floor area restricts the units to a maximum floor area of 148sqm, a number of the units have been granted approval for a floor area of 200 sqm, the proposed unit will have a comparable area to the approval granted on Lot 13. 

 

Fire Management

 

From reading the background of the original development application, it is clear that the officers envisaged a development of tourist lots nestled into the Ridge within the vegetation.  Since this time, we have become more aware of fire management and the restrictions around developing within bush fire areas have increased.  What this has resulted in for this site is a change in the visual impact on the ridge and the existing development becoming more visible.

 

A Fire Management Plan (FMP) has been approved for this site in consultation with a number of Government Agencies; the outcome of the FMP was that significant clearing was required throughout the lot and the adjoining National Park.  As a result of the clearing undertaken a number of lots have now become more visible and the proposal would be unable to comply with the conditions imposed in the original development application relating to a comprehensive rehabilitation plan and development lower than the canopies of the surrounding trees.

 

CONCLUSION

 

Following a detailed assessment of the proposal against the scheme and relevant policy, it is considered that the proposal is acceptable subject to conditions. 

 


 

OPTIONS

 

The Council could:

 

1.    Refuse the proposal, setting out reasons for doing so.

2.    Apply additional or different conditions.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The applicant will be advised of the Council decision within two weeks of the Council meeting.

 

Council Decision and Officer Recommendation

C1507/186              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

That the Council resolve:

1.    That application DA15/0174 submitted for development of a Short Stay Accommodation Unit on Lot 16, Yallingup Beach Road, Yallingup is considered by Council to be consistent with Local Planning Scheme No.21 and the objectives and policies of the zone within which it is located.

2.    That Planning Consent be granted for the proposal referred in 1. above, subject to the following conditions:

General conditions:

a)      The development hereby approved shall be substantially commenced within two years of the date of this decision notice.

b)     The development hereby approved shall be undertaken in accordance with the signed and stamped, Approved Development Plan(s) (enclosed), including any notes placed thereon in red by the City, and except as may be modified by the following conditions.

Conditions to be met prior to commencement of any works:

c)      The development hereby approved, or any works required to implement the        development, shall not commence until the following plans or details have been                submitted and have been approved in writing:

 

i)       Details of type and colour of all external materials to be used (including for any water tanks or outbuildings);

ii)      Details of sewerage / or on-site effluent, stormwater and surface water drainage works;

 

Conditions to be met prior to occupation/use of the development:

d)     Prior to occupation or use of the development, the following is occur to the satisfaction of the City:

i)       All works and actions required pursuant to conditions (b) and (c) are to be completed.

Conditions to be met on an ongoing basis:

e)     The following conditions are to be met on an ongoing basis to the satisfaction of the City, for the life of the development:

                                                         i.            All works and actions required by conditions (b), (c) and (d) are to be maintained.

 

                                                       ii.         Tourist Accommodation Unit hereby approved is to be made available for temporary accommodation purposes only and shall not be occupied by any one person or family or group of persons for a period exceeding 3 months (consecutively or intermittently) within any 12 month period.

CARRIED 8/0

En Bloc

  


Council                                                                                      31                                                                          8 July 2015

12.             Engineering and Work Services Report

Nil


Council                                                                                      33                                                                          8 July 2015

13.             Community and Commercial Services Report

13.1           GEOGRAPHE LEISURE CENTRE HEALTH SUITE THREE LEASE AGREEMENT

SUBJECT INDEX:

Geographe Leisure Centre

STRATEGIC OBJECTIVE:

A City where the community has access to quality cultural, recreation, leisure facilities and services.

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Geographe Leisure Centre

REPORTING OFFICER:

Manager, Community Services - Maxine Palmer

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Health Suite 3 Location Plan  

  

PRÉCIS

 

Expressions of Interest (EoI) were sought in relation to commercial lease opportunities at the Geographe Leisure Centre (GLC) (part of Reserve 29933) for the use of Health Professional Suites.

 

A proposal was received from the Family Planning Association of WA Incorporated to run their Family 1st Programme from Suite Three (3). The purpose of this report is to inform Council of the outcome of negotiations with the Family Planning Association and make recommendations as to the terms and conditions of the lease agreement.

 

 

BACKGROUND

 

The GLC has recently undergone a significant expansion and upgrade program, incorporating a new gymnasium, crèche, pool deck showers and change cubicles, universal access facilities, customer service area, offices, meeting room, cycle room, and four (4) Allied Health/ Professional Suites. 

 

The GLC is keen to attract allied health practitioners to provide mental and physical health services that complement existing services offered at the GLC.  Each suite is fully independent and purpose built for Allied Health businesses with exposure to GLC member traffic.  Each suite has a hand basin, telephone and data point, air-conditioning, windows providing natural light and external door access allowing them to function separately from the GLC’s operations.  Suites vary in configuration and size ranging from 12 m2 to 39 m2.  In addition to providing support services for GLC customers, the suites provide an additional revenue source that will assist in reducing the GLC’s net operating deficit.

 

From October 2014 to January 2015 the City advertised Expressions of Interest (EoI) for private sector interest in leasing the professional suites for allied health related purposes.  Feedback from prospective users revealed that a variety of leasing arrangements are of interest, with many preferring shorter periods than a five (5) year lease, such as daily or occasional hire, and as a result no formal submissions were received.  New fees and charges for Community and Commercial daily hire were subsequently adopted by Council on 25 February 2015(C1502/040).  Lease arrangements for sole occupancy of suites continued to be progressed.

 

On 11 June 2015, Councillors were informed of an expression of interest received from The Family Planning Association of WA Incorporated who propose to lease Suite three (3) to run their Family 1st Programme (PIP).

 

This report provides the results of negotiations with the Family Planning Association and seeks Council endorsement of the proposed terms and conditions of the lease agreement.

 

 

STATUTORY ENVIRONMENT

 

When disposing of property whether by sale, lease or other means, a Local Government is bound by

the requirements of section 3.58 of the Local Government Act. However 3.58 (5) (d) provides

exemptions to this process under Regulation 30 (2) (b) (i) & (ii) of the Local Government (Functions &

General) Regulations.

 

This section states "disposal of land to incorporated bodies with objects of benevolent, cultural,

educational or similar nature and the members of which are not entitled to receive any pecuniary

profit from the body transactions, are exempt from the advertising and tender requirements of

section 3.58 of the Local Government Act." The constitution of the Family Planning Association of WA is such that this exemption applies.

 

Under the Commercial Tenancy (Retail Shops) Agreements Act 1985 as the GLC does not fall within the definition of “retail shopping centre” (in that it is not a cluster of 5 or more premises which are used for the carrying on of a retail business) and the proposed use will not be wholly or predominantly the carrying on of a business that involves the sale of goods by retail, there is no statutory requirement to offer a five year lease term.  Hence a term of two years is proposed.

 

Health Suite three (3) is located on a part of Reserve 29933, being Lot 300, Queen Elizabeth Avenue, Busselton, Geographe Leisure Centre. The land is vested with the City with the power to

lease for any term not exceeding 21 years, subject to the consent of the Minister for Lands.

 

RELEVANT PLANS AND POLICIES

 

The leasing of the allied health suites is in line with the GLC Master Plan and Council endorsed (C1404/108) GLC Business Plan 2014/15-2018/19.

 

FINANCIAL IMPLICATIONS

 

As per section 3.58 (4) of the Local Government Act, an independent valuation of the property was prepared and received on 23 December 2014, which reported a rental value of between $12,300 and $14,300 (exclusive of  GST and outgoings). Although this valuation expired on 23 June 2015 it is considered to be a true indication of the current market value, noting it has only very recently expired.

 

Annual rental payments of $15,600 (inclusive of GST and outgoings), to be indexed annually to CPI have been negotiated with the proponent. This is in line with the rental valuation received.

 

The proponent is to be responsible for telephone and internet consumption charges applied to the leased premises and provide their own fit out consisting of furnishings to be removed on termination of the lease. There is no expectation of any reduced rental period.

 

Long Term Financial Plan Implications

The annual rental payment recommendation achieves the rent forecast in the Council endorsed (C1404/108) GLC Business Plan.  

 

STRATEGIC COMMUNITY OBJECTIVES

 

Leasing of Suite three (3) at the GLC is consistent with the following City of Busselton Community Strategic Plan objectives:

 

2.1          A City where the community has access to quality cultural, recreation, and leisure facilities            and services.

2.2          A City of shared, vibrant and well planned places that provide for diverse activity and                       strengthen our social connections.

2.3          Infrastructure assets that are well maintained and responsibly managed to provide for                    future generations.

 

RISK ASSESSMENT

 

There are no identified risks assessed as being medium or greater associated with the Officer recommendation, with the recommendation serving to mitigate the risks associated with there not being leases in place.

 

CONSULTATION

 

Expressions of interest for the suites were advertised from October 2014 to January 2015. Direct marketing has also occurred.

 

GLC customers have been informed of the GLC’s plans for Allied Health related business and to date the feedback has been positive.

 

OFFICER COMMENT

 

The Family Planning Association of WA (Inc) have proposed to lease health suite three (3) for a term of two (2) years to run the Family 1st Programme (PIP). PIP was established in 1993 to provide support to people with an intellectual disability, their families and carers on relationships, sexuality and protective behaviours.

 

PIP offers a comprehensive range of services to the general community and professionals working with people with an intellectual disability. Services are inclusive, available to people of all ages and work toward the development of positive relationships. Services provided include:

 

·    One to one education and counselling in Perth, Bunbury, Busselton and Albany

·    Individual and group school programmes

·    Support for parents

·    Professional Education

·    Parent and carer workshops

 

The Family Planning Association of WA (Inc)  is a registered provider under the National Disability Insurance Scheme (NDIS). Currently PIP is provided from a room at the Busselton Family Centre one day a week, however due to increased demand the service needs  to expand to at least three days a week as soon as possible. PIP requires exclusive use of a consulting room which a health suite at the GLC is able to provide.

 

The Family Planning Association of WA (Inc) are funded by the Disability Services Commission. In 2014, they received $4.8m in operating grants plus other income from client contributions, donations and memberships.

 

The Family 1st programme is well aligned with the selection criteria published in the EOI guidelines.

They  have fully qualified professional staff and adhere to strict requirements under a funding service agreement with the Office of the Auditor General. A copy of their audited accounts showed an income of $5.4m in 2014 and $5.5m in 2013 and an operating surplus of $341k in 2014 and $637k in 2013.

 

This proposal provides an opportunity for Council to assist a program to be expanded locally, and bring people affected by an intellectual disability into contact with the many health programs and social opportunities that the GLC provides. This supports the GLC’s goals to providing a diverse range of high quality health and fitness services and to educate and equip the wider community with a realistic and sustainable approach to long-term health, fitness and wellbeing and connects strongly with Council’s Community Strategic Plan objectives.

 

A two (2) year lease provides sufficient security for the program and flexibility for both parties to review the arrangement in two (2) years. Annual rental payments of $15,600 (inclusive of GST and outgoings), indexed annually to CPI are in line with the market rental valuation and the revenues forecast in the GLC Business Plan.

 

CONCLUSION

 

The Family Planning Association of WA (Inc) has offered lease payments which are consistent with the market valuation and the Council endorsed (C1404/108) GLC Business Plan.  The proposal aligns well with Council’s objectives  to provide quality, affordable and accessible services and facilities and it supports the key performance indicator to reduce the net operating deficit of the GLC. It is recommended that the Council resolve to enter into a lease with The Family Planning Association of WA (Inc) in accordance with the officer recommendation

 

OPTIONS

 

Council could resolve not to enter into a lease with The Family Planning Association of WA (Inc) and continue to market the availability of the premises.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The lease would be forwarded to the Minister for Lands for preapproval by the 30 July 2015. It is anticipated that the signing of the lease would be on or before the 30 August 2015.

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.    Delegates authority to the CEO, to enter into a lease, subject to the Minister for Lands approval, with The Family Planning Association of WA (Inc) for the occupation of a portion of Reserve  29933, being Lot 300, Queen Elizabeth Avenue, Busselton, Geographe Leisure Centre as shown hatched and stipled blue on Attachment A subject to the following:

 

a)         The term of the lease to be 2 years commencing 31 August 2015;

 

b)        The annual rent to be $15,600 inclusive of GST and outgoings, except telephone and internet consumption charges and is to be indexed annually to CPI;

 

c)         The tenant to be responsible for the provision and payment of telephone and internet connection and consumption charges applied to the leased premises; and

 

d)        All the costs of the preparation of the lease are to be met by the lessee.

 

Note: The words ‘Delegates authority to’ were replaced with the word ‘Authorises’ in Recommendation 1.


Council                                                                                      37                                                                          8 July 2015

 

Council Decision and Revised Officer Recommendation

C1507/187              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

That the Council:

 

1.    Authorises the CEO, to enter into a lease, subject to the Minister for Lands approval, with The Family Planning Association of WA (Inc) for the occupation of a portion of Reserve  29933, being Lot 300, Queen Elizabeth Avenue, Busselton, Geographe Leisure Centre as shown hatched and stipled blue on Attachment A subject to the following:

 

a)         The term of the lease to be 2 years commencing 31 August 2015;

 

b)        The annual rent to be $15,600 inclusive of GST and outgoings, except telephone and internet consumption charges and is to be indexed annually to CPI;

 

c)         The tenant to be responsible for the provision and payment of telephone and internet connection and consumption charges applied to the leased premises; and

 

d)        All the costs of the preparation of the lease are to be met by the lessee.

 

CARRIED 8/0

En Bloc

 


 

14.             Finance and Corporate Services Report

14.1           CITY OF BUSSELTON CEMETERIES LOCAL LAW

SUBJECT INDEX:

Local Laws

STRATEGIC OBJECTIVE:

Governance systems that deliver responsible, ethical and accountable decision-making.

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Legal Services

REPORTING OFFICER:

Legal Services Coordinator - Cobus Botha

AUTHORISING OFFICER:

Acting Director, Finance and Corporate Services - Sarah Pierson

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   - proposed City of Busselton Cemeteries Local Law 2015  

  

PRÉCIS

 

Under the Local Government Act 1995 (Local Government Act) local governments are required to carry out periodic reviews of their local laws to determine whether or not it considers that it should be repealed or amended. Pursuant to above mentioned requirements the City’s existing Busselton Cemeteries By-Law (Current Cemeteries Local Law) has been reviewed. It is recommended that Council repeal the Current Cemeteries Local Law and adopt a new City of Busselton Cemeteries Local Law 2015 (Proposed Cemeteries Local Law). 

 

The Proposed Cemeteries Local Law, attached as Attachment A, has been prepared for consideration by Council to initiate the law making process under the Local Government Act

 

BACKGROUND

 

The Cemeteries Act 1986 (Cemeteries Act) provides for the declaration and management of cemeteries, the establishment, constitution and functions of cemetery boards (which includes local governments), the licencing of funeral directors, regulation of burials and connected purposes. The Cemeteries Act and Local Government Act provide local governments with the heads of power to make local laws that are necessary or convenient for the purpose of its functions under the Cemeteries Act.

 

The City’s Current Cemeteries Local Law was gazetted on 14 October 1984. Since gazettal of the Cemeteries Local Law various amendments to the Cemeteries Act has resulted in certain issues, historically regulated under local laws, being incorporated under the Cemeteries Act. These matters include granting, transferring, protecting and surrendering rights of burial, establishing and maintaining registers in relation to burials and grants of rights of burials and establishing and maintaining plans showing the location of graves in a cemetery. Pursuant to these amendments to the Cemeteries Act the Western Australia Local Government Association (WALGA) developed a Model Cemeteries Local Law which is considered to be consistent with the relevant requirements under the Cemeteries Act and also considered to suit the needs and circumstances of most local governments.

 

A periodic review of the Current Cemeteries Local Law indicated that abovementioned legislative amendments resulted in certain provisions of the local law becoming obsolete. The Current Cemeteries Local Law is also to a certain extent inconsistent with the WALGA Model Cemeteries Local Law and in various respects considered to be outdated and therefore in need of being amended. The Current Cemeteries Local Law for instance:

 

.              Provides for cremation of dead bodies by the City of Busselton. The City however does not have the facilities to cremate dead bodies and it is highly unlikely that the City will develop over the short to medium term facilities to provide such a service.

 

×           Contains provisions in relation to grants of burials and maintaining registers containing details of burials as well plans showing the location of burials. These matters are currently dealt with under the Cemeteries Act, rendering the relevant provisions under the Current Cemeteries Local Law to become obsolete.

 

.              Prohibits certain activates, like camping upon or lighting of fires within a cemetery. The land where the City’s cemeteries are located falls within the definition of “local government property” as defined under the City of Busselton Local Government Property Local Law which was gazetted in 2010. These activates are sufficiently regulated under the City’s Property Local Law and for purposes of consistency and avoiding ambiguity, should not be dealt with under a separate local law.

 

.              Uses terminology which is inconsistent with current legislation, for example reference is made to “general manager” instead of “Chief Executive Officer” [as referenced in the Local Government Act] and “guide dog” instead of “assistance animal” [as referenced in the Disability Discrimination Act 1992 (Cth)].

 

.              Provides for outdated modified penalties which need to be reviewed and brought in line with current fines and penalties prescribed under relevant legislation.

 

The Proposed Cemeteries Local Law seeks to provide the City with the ability to effectively regulate and manage the cemeteries vested under the care and control of the City.  Council is therefore requested to consider the Proposed Cemeteries Local Law and whether to commence the process under Section 3.12 of the Local Government Act to repeal the Current Cemeteries Local Law and make the Proposed Cemeteries Local Law.

 

STATUTORY ENVIRONMENT

 

Local Government Act

 

The heads of power for Council to make the Proposed Cemeteries Local Law are provided under section 3.5 of the Local Government Act and section 55 of the Cemeteries Act. Section 55 of the Cemeteries Act specifies the matters in relation to which a local government may make local laws that are necessary or convenient for the purposes of the Cemeteries Act (these matters are discussed in more detail under the OFFICER COMMENT section of this report). In addition section 3.5 of the Local Government Act stipulates:

 

“A local government may make Local Laws under this Act prescribing all matters that are required or permitted to be prescribed by a local law, or are necessary or convenient to be so prescribed, for it to perform any of its functions under this Act”.

 

The procedure for making local laws is set out in sections 3.12 to 3.17 of the Local Government Act and regulation 3 of the Local Government (Functions and General) Regulations 1996.  The person presiding at a Council meeting is to give notice of the purpose and effect of a proposed local law by ensuring that —

 

·    the purpose and effect of the proposed local law is included in the agenda for that meeting; and

·    the minutes of that Council meeting include the purpose and effect of the proposed local law.

 

The purpose and effect of the Proposed Cemeteries Local Law is as follows:

 

Purpose:

 

To repeal Busselton Cemeteries By-Law and to extend to the Council the control which exists under the Cemeteries Act 1986 over the cemeteries vested under the care, control and management of the City of Busselton.

 

Effect:

 

To provide the Council, in respect of the cemeteries vested under the care, control and management of the City of Busselton, with controls and regulatory measures for prescribing the areas set aside for burials and placement of ashes, types of memorials permitted in different areas of the cemeteries, specifications and materials for memorials, licencing of monumental masons and management of funerals and burials. Offences are created for non-compliance with certain provisions of the local law.

 

Statewide and local public notice is to be given by advertising  the Proposed Cemeteries Local Law in accordance with the requirements of sections 3.12(3) and (3a) of the Local Government Act. The submission period must run for a minimum period of six weeks after which Council, having considered any submissions received, may resolve to make the local law as proposed or make a local law that is not significantly different from what was proposed.

 

The Proposed Cemeteries Local Law is based on the WALGA Model Cemeteries Local Law.

 

National Competition Policy

 

Since the early 1990’s State, Territory and Commonwealth Heads of Government through the Council of Australian Governments (COAG) initiated a commitment to achieve a nationally consistent approach to competition policy in Australia. This resulted in the adoption of the National Competition Policy (NCP) which requires, among other things, that local governments ensure that all new local laws which restrict competition are consistent with the following requirements:

 

·    The benefits of the restriction to the community as a whole outweigh the costs; and

·    The objectives of the local laws can only be achieved by restricting competition.

 

In accordance with the National Competition Local Law Review Guidelines local governments are however not required to do an assessment against the NCP of a local law based on a WALGA model local law and adopted by Council without substantial change. As the Proposed Cemeteries Local Law is based on the WALGA Model Cemeteries Local Law an assessment against the NCP is therefore not required.

 

RELEVANT PLANS AND POLICIES

 

None

 

FINANCIAL IMPLICATIONS

 

Costs associated with the advertising and gazettal of the Proposed Cemeteries Local Law will come from the legal budget. These costs are unlikely to exceed $2,000 and there are sufficient funds in the legal budget for this purpose. Progressing the Proposed Cemeteries Local Law should not have any other financial implications for the City.


 

Long-term Financial Plan Implications

 

Nil.

STRATEGIC COMMUNITY OBJECTIVES

 

The proposal aligns with the City of Busselton Strategic Community Plan 2013 as follows:

 

6.2 Governance systems that deliver responsible, ethical and accountable decision making.

 

RISK ASSESSMENT

 

The Proposed Cemeteries Local Law does not involve any significant changes from current practices and is therefore considered low risk, with no risks of a medium or higher level identified.

 

CONSULTATION

 

No external consultation has been sought.  If Council resolve to commence the law making process, public submissions will be invited as part of the statutory consultation process prescribed under Sections 3.12 (3) and (3a) of the Local Government Act.

 

OFFICER COMMENT

 

State legislation provides for a two tiered system for regulating the cemeteries vested under the care, control and management of a local government:

 

Cemeteries Act

 

Under the Cemeteries Act local governments are provided with legislative powers and controls in relation to matters such as licencing of funeral directors and issuing of single funeral permits, setting aside areas of the cemetery for burials (including burials of persons of a particular religious denomination), setting aside areas for crematoria, chapels, parks/gardens and other buildings or works required for the effective operation of a cemetery, granting, transferring and surrendering rights of burial, approval of the location and types of memorials and establishing and maintaining a register (with details of all burials and grants of right of burial in a cemetery) and plans (showing the location of all burials in a cemetery).

 

Local Laws

 

The Cemeteries Act also extend to local governments the power to regulate by way of a local law matters such as prescribing types of memorials permitted in different areas of the cemetery, prescribing the location, dimensions and preparation of graves, prescribing specifications and materials for memorials, prescribing requirements for burials, funerals and disposal of ashes, regulating the entry to and use of vehicles in a cemetery and prescribing the procedures with respect to applications for issuing of licences, permits and permissions required under the Cemeteries Act or a local law. Under a local law local governments also have the power to create offences for noncompliance with the provisions of a local law, to issue infringement notices and to set modified penalties for that purpose.

 

For the reasons mentioned under the BACKGROUND SECTION of this report the Current Cemeteries Local Law is considered to be out dated. It is also considered that, rather than amending the Current Cemeteries Local Law, it would be more appropriate to repeal the local law and make a new local law based on the current WALGA Model Cemeteries Local Law.

 

The Proposed Cemeteries Local Law is based on the relevant WALGA model and is considered to be consistent with the empowering provisions under the Cemeteries Act. The Proposed Cemeteries Local Law is structured as follows:

 

Part One

 

The preliminary section of the local law deals with matters of a more technical nature including the official title of the local law, the commencement date, the areas to which the local law shall apply, reappealing the Current Cemeteries Local Law and defining terminology used in the local law.

 

Part Two

 

Under this section of the local law the City’s Chief Executive Officer is authorised to exercise all powers and functions of the local government. There is also a requirement for the City to establish and maintain a plan of each cemetery, showing the location of areas set aside for burials and placement of ashes (including areas to be used only for burials of persons of a particular religious denomination), the location of different areas to which different requirements for memorials apply and the location of areas set aside for buildings and other works.

 

Part Three

 

Under this section the times when burials will be allowed, the procedure for applying for funerals and requirements for identification of the deceased, are determined. The times for burials are also determined which, unless special permission has been obtained, will only be allowed on week days between the hours of 9am to 3pm.

 

Part Four

 

Licencing of funeral directors and issuing of singe funeral permits to persons other than funeral directors are dealt with under the Cemeteries Act. This section of the local law only determines the expiry date of funeral directors’ licenses (on the 30th of June of each year) and require that applications for single funeral permits include coffin specifications and details of the vehicle transporting the dead body to the grave site.

 

Part Five

 

This section specifies the types of coffins that are allowed and requirements in relation to the condition and identification of coffins. It also provides for payment of a set fee if the fixed time for a burial is not punctually observed. Access to the cemeteries by vehicles forming part of the funeral procession is limited to the hearse, official mourning coaches, vehicles transporting persons with a disability and prams, baby carriages, strollers or similar devices. Vehicles may only be used on vehicle access ways or constructed road ways and the City has the ability to designate speed limits by way of signage.

 

In terms of section 22 of the Cemetery Act a local government may, in addition to funeral directors or other persons to whom single funeral permits may be issued, conduct funerals at its own instance. This part of the local law provides the City with certain powers and functions when conducting funerals under section 22.

 

This part of the local law also allows for disposal of the ashes of a deceased person in one of the cemeteries vested in the City, on condition that prior approval has been obtained.

 


 

Part Six

 

The dimensions of a “standard grave” is specified in this section of the local law. A person may not bury a dead body other than in a standard grave or dig or fill a grave unless the City’s permission has been obtained. This section also regulates the depth of graves and prohibits burial of more than two dead bodies in the same grave. It also requires City approval for construction of vaults or mausoleums and specifies the process for obtaining such approval.

 

Part Seven and Schedule 2

 

Part 7 of the local law deals with memorials and other works. The Cemeteries Act requires from a person who wishes to place or erect a memorial to apply to the City, specifying the proposed location, design and materials of which the memorial is to be composed. Under this section works for erection of memorials are regulated, which include requiring removal of rubbish, sand, soil or loam from the cemetery, setting the times during which memorial works can be carried out and requiring supervision when memorial works are being carried out.

 

Under this section the City also has the power to determine the types of memorials permitted in different areas of the cemetery, to specify the dimensions of each type of memorial and to specify the materials from which memorials have to be made of. In general, three different types of memorials are allowed, that is “headstones”, which are memorials designed for placement at the head of a grave in the lawn and general sections of a cemetery, “monuments”, which provide for more traditional tomb stones, sculptures or statues to be allowed in the general section of the cemetery only and “memorial plaques” which could be a panel, plate or tablet used for purposes of bearing commemorative inscription and which can either be attached to a headstone or monument or placed on a stand-alone base mounting. The specification of fencing used as a memorial in the Memorial Drive section of the Busselton cemetery is also determined under this part of the local law.

 

Schedule 2, read with the provisions under Part 7 of the local law, lists the different areas of the cemeteries and specifies the types of memorials permitted in these areas and the dimensions of each of these memorials (e.g. height and width).

 

This section also regulates the application for and expiry and cancellation of monumental licences, sets out the responsibilities of the holder of such a licence and requires that only duly licenced persons may carry out monumental work within a cemetery.

 

Part Eight

 

This section of the Local Law deals with general matters. Under this section, unless the City’s approval has been obtained, a person shall not bring an animal or the carcass or remains of a deceased animal into a cemetery, a person shall not connect any device to or alter or interfere with utility services located in a cemetery or place or display a sign or advertisement within a cemetery. It also prohibits damaging or removing any object or thing on/from a grave or memorial or damaging or removing any plant in a cemetery, breaking any glass or other material in a cemetery or depositing any refuse other than in a receptacle provided for that purpose.

 

Under this section the City has the power to close the cemetery or any part of it for purposes of a funeral, public convenience or safety or maintenance or redevelopment of the cemetery and to order a person failing to comply with provisions of the local law or behaving inappropriately, to leave the cemetery.

 


 

Part Nine and Schedules 1, 3 and 4

 

This section of the Proposed Cemeteries Local Law deals with enforcement.  It stipulates that a person who commits a breach of any provisions of the local law commits an offence and also creates a range of modified penalties (specified in Schedule 1), a template infringement notice (Schedule 3) and a template withdrawal of infringement notice (Schedule 4).

 

CONCLUSION

 

The City’s Current Cemeteries Local Law is outdated and should be repealed and replaced by an updated local law consistent with the Cemeteries Act and in line with current needs, expectations and operations.  It is considered that the Proposed Cemeteries Local Law will integrate in a seamless manner with relevant provisions under the Cemeteries Act to provide the City with adequate and effective controls for the purpose of managing the cemeteries under the City’s management and control.

 

OPTIONS

 

Council have the following options:

 

Option 1

 

Not to proceed with progressing the Proposed Cemeteries Local Law and rely on the Current Cemeteries Local Law and the Cemeteries Act to regulate the cemeteries vested in the City.  If Council wishes to pursue this option, it should consider amending the Current Cemeteries Local Law to provide Council with more modern and effective controls for the management and control of the relevant cemeteries. Significant changes to the Current Cemeteries Local Law will be required to achieve such an outcome. Also the process under the Local Government Act for amending a local law is the same as making a new local law. Therefore this option is not recommended.

 

Option 2

 

Council could choose to vary the provisions of the Proposed Cemeteries Local Law in a number of ways.  Council should however be aware not to require any changes which may render the Proposed Cemeteries Local Law inconsistent with the Cemeteries Act or may have the effect of extending provisions under the new local law beyond the scope of the heads of power under the empowering legislation.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Implementation of the Officer Recommendation will be through the advertising of the Proposed Local Law for public comment.  That will occur within 1 month of Council making a resolution consistent with the Officer Recommendation.

 

Council Decision and Officer Recommendation

C1507/188              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

That the Council :

 

1.    Commences the law-making process for the City of Busselton Cemeteries Local Law 2015, the purpose and effect of the local law being as follows:

 

Purpose: To repeal Busselton Cemeteries By-Law and to extend to the Council the control which exists under the Cemeteries Act 1986 over the cemeteries vested under the care, control and management of the City of Busselton.

 

Effect: To provide the Council, in respect of the cemeteries vested under the care, control and management of the City of Busselton, with controls and regulatory measures for prescribing the areas set aside for burials and placement of ashes, types of memorials permitted in different areas of the cemeteries, specifications and materials for memorials, licencing of monumental masons and management of funerals and burials. Offences are created for non-compliance with certain provisions of the local law.

2.    Authorises the CEO to carry out the law-making procedure under section 3.12(3) of the Local Government Act 1995, by –

a)         giving Statewide public notice and local public notice of the proposed local law; and

b)        giving a copy of the proposed local law and public notice to the Minister for Local Government

3.    That the CEO, after the close of the public consultation period, submit a report to the Council on any submissions received on the proposed local law to enable the Council to consider the submissions made and to determine whether to make the local law in accordance with section 3.12(4) of the Act.

CARRIED 8/0

En Bloc

  


Council                                                                                      45                                                                          8 July 2015

15.             Chief Executive Officer's Report

15.1           COUNCILLORS' INFORMATION BULLETIN

SUBJECT INDEX:

Councillors' Information

STRATEGIC OBJECTIVE:

Governance systems that deliver responsible, ethical and accountable decision-making.

BUSINESS UNIT:

Executive Services

ACTIVITY UNIT:

Executive Services

REPORTING OFFICER:

Reporting Officers - Various .

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Planning Applications Received Between 1 and 15 June, 2015

Attachment b    Planning Applications Determined Between 1 and 15 June, 2015

Attachment c    Circular No 08-2015  

  

PRÉCIS

 

This report provides an overview of a range of information that is considered appropriate to be formally presented to the Council for its receipt and noting.  The information is provided in order to ensure that each Councillor, and the Council, is being kept fully informed, while also acknowledging that these are matters that will also be of interest to the community.

 

Any matter that is raised in this report as a result of incoming correspondence is to be dealt with as normal business correspondence, but is presented in this bulletin for the information of the Council and the community.

 

 

INFORMATION BULLETIN

15.1.1    Planning & Development Services Statistics

 

Planning Applications

 

Attachment A is a report detailing all Planning Applications received by the City between 1 and 15 June, 2015.  Twenty seven formal applications were received during this period.

 

Attachment B is a report detailing all Planning Applications determined by the City between 1 and 15 June, 2015.  A total of thirty eight applications (including subdivision referrals) were determined by the City during this period with all approved / supported. 

15.1.2    Gazettal of Scheme Amendments

 

Amendment 7 to Local Planning Scheme No. 21 was gazetted on 16 June, 2015.  The purpose of the amendment is to rezone Lot 376 Kent Street and Lot 309 Prince Street, Busselton from ‘Reserve for Recreation’ to ‘Business’ zone.  This amendment will facilitate the expansion of the Busselton Central Shopping Centre.

15.1.3    Current Active Tenders (18/06/2015)

 

RFT03/15             Busselton Foreshore – Pump Station, Tank and Iron Filter Construction

 

The City of Busselton invited tenders for the construction of a new pump station, storage tank, iron filter and associated electrical connections. The tender was advertised on 21/22 March 2015 in the West Australian and on 27 March 2015 in the Busselton Dunsborough Times and closed on 14 April 2015. Eight (8) submissions were received. The submissions have been evaluated and a preferred tenderer has been selected. The contract was awarded under CEO delegation to Total Eden for a Sum of $ 235,570.40 on 4 June 2015.

 

RFT04/15            Busselton Foreshore – Design, Supply and Installation of Utilities Services

 

The City of Busselton invited tenders for the design, supply and installation of utility services for the Busselton Foreshore development.  The tender was advertised on the weekend if 30 - 31 May, with the closing date on 14 July 2015. It is estimated that the works will commence on or about 30 August 2015 and will be completed by the end November 2015.  

 

EOI01/15 & RFT05/15    Expression of Interest for construction of the New Administration Building

 

The City of Busselton has invited Expressions of Interest (EOI) to construct the City’s new administration and civic building. The EOI was advertised in the West Australian on 16 May 2015 and on the City’s Website.  The EOI’s submission deadline was 2 June 2015. The City received 8 submissions that are currently being evaluated. It is expected that the evaluation process will be concluded and accepted tenderers will be shortlisted by end of June 2015, which will allow the City to invite tenders by the end of July.

 

RFT06/15             Engineering Consultancy Panel

 

The City of Busselton intends to invite tenders for a panel of Engineering Consultants. It is anticipated that the tender was advertised on 20-21 June 2015, with its closing date on 21 July 2015. It is expected that the evaluation process will be concluded and the successful applicants will be invited to the panel by end of October 2015.

 

RFT07/15             Waste Collection, Transportation & processing Services

 

The City of Busselton intends to invite tenders for the collection, transportation and processing of waste. It is anticipated that the tender was advertised on 20-21 June 2015, with its closing date on 10 July 2015. It is expected that the evaluation process will be concluded and a contract awarded by end of September 2015.

 

RFT08/15             Urban & Rural Pruning and Chipping Services

 

The City of Busselton intends to invite tenders for Urban/ Rural tree pruning and chipping services. It is anticipated that the tender was advertised on 20-21 June 2015, with its closing date on 14 July 2015. It is expected that the evaluation process will be concluded and a contract awarded by early August 2015.

15.1.4    Circular No 08-2015 the Economic, Social and Cultural Value of Volunteering to Western Australia

 

Circular No 08-2015 the Economic, Social and Cultural Value of Volunteering to Western Australia  from the Director General, Department of Local Government and Communities, Jennifer Mathews is provided at Attachment C.

 

Council Decision and Officer Recommendation

C1507/189              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

That the items from the Councillors’ Information Bulletin be noted:

·    15.1.1              Planning & Development Services Statistics

·    15.1.2              Gazettal of Scheme Amendments

·    15.1.3              Current Active Tenders (18/06/2015)

·    15.1.4              Circular No 08-2015 the Economic, Social and Cultural Value of Volunteering                        to Western Australia

CARRIED 8/0

En Bloc

  

 


 

ITEMS CONSIDERED BY SEPARATE RESOLUTION

 

At this juncture, in accordance with Clause 5.6 (3)(a) & (b) of the Standing Orders, those items

requiring an Absolute Majority or in which Councillors had declared Financial, Proximity or

Impartiality Interests were considered.

 

10.3           Airport Advisory Committee - 25/06/2015 - BUSSELTON REGIONAL AIRPORT HANGAR LEASES

SUBJECT INDEX:

Busselton Regional Airport

STRATEGIC OBJECTIVE:

Transport options that provide greater links within our district and increase capacity for community participation.

BUSINESS UNIT:

Commercial Services

ACTIVITY UNIT:

Commercial Services

REPORTING OFFICER:

Manager, Commercial Services - Jennifer May

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Nil

 

This item was considered by the Airport Advisory Committee at its meeting on 25 June 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report requests the Council consider a variation to the existing Deeds of Lease and Licence for the Busselton Hangar Owners Pty Ltd, the Geographe Bay Hangar Owners Group Inc and the Busselton Flyers Pty Ltd to allow aviation related commercial businesses to operate from the respective hangars located at the Busselton Regional Airport.

 

 

BACKGROUND

 

The Busselton Regional Airport was built in 1997 and subsequently attracted interest in ground leases for both the Aero Club building and hangar space for general and recreational aircraft owners. This resulted in the Council leasing the ground area for two initial hangars to Busselton Hangar Owners Pty Ltd (hangar 1) and the Geographe Hangar Owners Group Inc (hangar 2) in 1998. The terms and conditions of the first two hangar leases are listed below;

 

Hangar Group

Lot #

Lease Area

Lease Commencement Date

Term

Rent Review

Busselton Hangar Owners Pty Ltd

6

1200m2

1 April 1998

10 yrs + 10 yr Option

Market Value every 5 yrs

Geographe Hangar Owners Inc

10

1200m2

1 April 1998

10 yrs + 10 yr Option

Market Value every 5 yrs

 

 

 

 

 

 

 

The City of Busselton hangar leases/ sub leases are with the entities Busselton hangar Owners Pty Ltd (BHO) and Geographe Hangar Owners Group Inc (GHOG), who operate under a constitution or Rules of Association. In each case, the hangars are subdivided into smaller hangar areas and ‘sub-leased’ to the members or trustees of each hangar owner group.

 

Each of the lease for the hangars then stipulate the terms and conditions for the hangars including Section 7; Use of Hangar Area which details the permitted use of the hangar space;

 

The lessee shall not:

 

a)    Use of permit to be used the Hangar Area or any part thereof for any purpose other than for aircraft hangarage and work associated with the construction, repair and maintenance of aircraft for personal use which is of a minor nature only such as to be incidental to the hangarage of aircraft;

 

b)    Carry on a business at or from the Hangar Area without the written approval of the Shire of Busselton;

 

In the case of the Busselton Hangars Owners Pty Ltd (BHO), the hangar is subdivided into five separate areas which are then used by the trustees of the Busselton Hangar Owners Unit Trust. The users of the BHO are in most cases private aircraft owners using their aircraft for recreational use however there are two commercial businesses that operate from the BHO hangar; Busselton Air Services and Southern Skydivers.

 

Busselton Air Services operates a small aircraft charter business providing scenic flights, day tour adventures, charter services and aircraft hire in the South West region. The business has been operating for eighteen (18) years from the Busselton Regional Airport and has generally used small aircraft, similar to the aircraft currently being used, a Cessna 172P and Cessna 182Q.

 

The Southern Skydivers, formerly known as Pure Adventure, have been operating from the Busselton Regional Airport since approximately 2000 initially as a parachuting club. In 2010, the Southern Skydivers was taken over by the current owner/operators to operate as a commercial skydiving business. Since 2010, Southern Skydivers has grown from less than 200 tandem jumps to approximately 6428 visitors to Busselton and 2100 tandem jumps in 2014/15.  The business also recently won the Gold Award in the adventure tourism category of the WA tourism awards.

 

Following recent hangar inspections and compliance checks, City officers have not been able find evidence of an approval for the operator of Busselton Air Services to conduct a commercial business from the Busselton Hangar Owner Pty Ltd hangar, constituting a non-compliance with the existing lease.

 

Officers have however found that in 2001, the then Airport Management Committee recommended to the Council that the Southern Skydivers ‘be approved to operate two aircraft for parachuting activities subject to a number of conditions’ (0110/509), including ‘that Council approve for use of a portion of an existing hangar at the Busselton Regional Airport for aircraft and equipment storage and repairs, briefings for parachutists and packing of parachutes’. While there has been consultation between the Southern Skydivers and the Manager Commercial Services over the past five (5) years on the parachuting operations at the Airport there has not been any further formal Council approval of a commercial operator.    

 

In February 2015, the City of Busselton received a request from ENESAR Aviation Pty Ltd (trading as Westward Aviation) seeking permission from the Council to operate open charter services out of the Busselton Regional Airport. Enesar, as a member and user of the Geographe Hangar Owners Group Inc (GHOG) are required to seek approval from the City of Busselton to operate a business at or from the Hangar Area in accordance with Section 7 Use of the Hangar Area of the lease.

 

Finally, the third hangar owned by the Busselton Flyers Pty Ltd was built in early 2009 and a lease signed with the City of Busselton with the following terms and conditions;


 

 

Hangar Group

Lot #

Lease Area

Lease Commencement Date

Term

Rent Review

Busselton Flyers Pty Ltd

14

1200m2

4 February 2009

10 yrs + 10 yr Option

CPI annually + Market Value every 5 yrs

 

In February 2015, prior to a hangar inspection, the City of Busselton received correspondence from Mission Air Inc advising that the owner was operating a ‘not for profit organisation’ from Hangar area 13 in the Busselton Flyers hangar (hangar 3 at the airport). The correspondence indicated that Mission Air was using the hangar to store clothing and an aircraft used to distribute the clothing to ‘outback communities’. Additionally, to obtain their Air Operators Certificate from CASA (operating under the name of Batavia Coast Air Charters), the owner/operator of Mission Air has also constructed an office inside the hangar without obtaining building approval. The hangar inspection completed in February 2015 confirmed the construction of the office and evidence of the clothing storage.

 

In accordance with Section 12 of the lease agreement; Use of the lease between the City and Busselton Flyers Pty Ltd;

 

The Lessee must not suffer or permit a person to:

 

a)    Use the Premises of the Apron Area or any part of it for any purpose other than for the purpose for which the Premises and Apron Area are held by the Lessor, as set out in Item 6 of the Schedule;

 

Item 6: Use of Premises

 

Aircraft hangarage and work associated with the construction, repair and maintenance of aircraft for personal use which must be in accordance with civil aviation regulations.

 

The operating of aviation related businesses from hangars at regional airports throughout Australia is considered a key component of any aviation community and essential to the sustainability and longevity of those communities. To date, the majority of activity at the Busselton Regional Airport has been of a recreational nature however as the recreational and general aviation community has grown it is expected that small aviation related businesses will appear and wish to operate from the hangars. The recent annual hangar inspections confirmed this and now officers wish to ensure that the correct processes and approvals are in place, in accordance with the hangar leases to allow aviation related businesses to operate from the hangars with City approval.

 

STATUTORY ENVIRONMENT

 

The City of Busselton in accordance with Section 3.58 (1) Disposing of Property of the Local Government Act 1995 has entered into ground leases with Busselton Hangar Owners Pty Ltd, the Geographe Bay Hangar Owners Group Inc and the Busselton Flyers Pty Ltd for the specific purpose of aircraft hangarage at the Busselton Regional Airport. This report ensures that compliance with the relevant leases is being maintained.

 

RELEVANT PLANS AND POLICIES

 

There are no plans or policies that relate to this report.

FINANCIAL IMPLICATIONS

 

There are no direct financial implications to the Council as a result of supporting the officer’s recommendation.

 

Long-term Financial Plan Implications

 

There are no direct implications resulting from this report to the Long Term Financial Plan.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This report is consistent with the City of Busselton’s Strategic Community Plan (2013) community goals and objectives;

 

Well Planned, Vibrant and Active Places:

·    Infrastructure assets that are will maintained and responsibly managed to provide for future generations.

 

Connected City:

Transport options that provide greater links within our district and increase capacity for community participation.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the Officer recommendation has been undertaken using the City’s risk assessment framework.  The table below describes identified ‘downside’ risks where the residual risk, once controls have been identified, is identified as ‘medium’ or greater;

 

Risk

Controls

Consequence

Likelihood

Risk Level

Loss of individual hangar owner members / Commercial operators from the Busselton Regional Airport.

Allow aviation related commercial business owners to operate from the hangars through an approval process.

Insignificant

Likely

Medium

 

CONSULTATION

 

The Manager Commercial Services has consulted with the nominated contacts for the hangar owner groups and individual owners/operators of the businesses currently operating form the Busselton Regional Airport. Consultation has also occurred with the Property Management and Legal Teams within the City of Busselton.

 

OFFICER COMMENT

 

Recent hangar inspections and lease compliance checks for all three hangars located at the Busselton Regional Airport have identified that a small number of aviation related businesses are operating from the existing hangars. The below information summarises the identified businesses;

 

Busselton Hangar Owners Pty Ltd (Hangar 1) – Southern Skydivers & Busselton AirServices

Geographe Hangars Owners Group Inc. (Hangar 2)- Westwood Aviation

Busselton Flyers Pty Ltd (Hangar 3) - Mission Air Inc

 

All of the above businesses are aviation related and generally contribute to the recreational and general aviation community based at the Busselton Regional Airport. The Southern Skydivers operate an adventure, skydiving business attracting visitors to Busselton and the Margaret River Region with an estimated $680,000 return back into the local economy in 2014/15. Busselton Air Services is a small aircraft charter business offering sightseeing tours, charter operations and aircraft hire within the region. Mission Air is a charitable business utilizing Busselton Airport as its base and Westwood Aviation is a new charter business seeking approval to operate open charter services from the Airport.

 

The existing leases for all three hangars at the Airport currently only allow personal or private aircraft use for the hangars restricting commercial operations and other than the Southern Skydivers, there has been no formal approvals for commercial operations from the hangars to date.

 

City officers support the approval of a variation to the existing lease to allow commercial, aviation related business operations from the existing hangars at the Airport.  Additionally, Officers also recommend that delegated authority be granted to the CEO to approve any future requests for aviation related businesses to operate from the existing hangars.

 

CONCLUSION

 

The recreation and general aviation community at the Busselton Regional Airport has existed at the Airport through hangar leases since its construction in 1997. While the leases state that the approved usage of the hangars is for personal and/or private aircraft use, a number of small aviation related businesses have emerged and are operating from the existing hangars. This report identifies these businesses and requests that variations be approved to the existing leases to allow them to continue to operate. Officers are recommending that these aviation businesses be supported and granted approval to operate from their respective hangars.

 

OPTIONS

 

Council choose not to accept the Officer recommendation and enforce the existing leases restricting the use of Busselton Hangar Owners Pty Ltd (Hangar 1), the Geographe Bay Hangar Owners Group Inc (Hangar 2) and the Busselton Flyers Pty Ltd (Hangar 3) at the Busselton Regional Airport to personal and private use only.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Formal notification to the Busselton Hangar Owners Pty Ltd, the Geographe Bay Hangar Owners Group Inc and the Busselton Flyers Pty Ltd groups can be made once Council have resolved the Officer recommendation.

 

OFFICER RECOMMENDATION

 

That the Council resolve to;

 

1.      Approve a variation to the Lease between the City of Busselton and Busselton Hangar Owners’ Pty Ltd Section 7; Use of Hangar Area allowing the following aviation related commercial businesses to operate from the Busselton Hangar Owners’ hangar;

a)            Busselton AirServices

b)            Southern Skydivers

 

2.    Approve a variation to the Lease between the City of Busselton and Geographe Hangar Owners’ Group Inc Section 7; Use of Hangar Area allowing the aviation related commercial businesses to operate from the Busselton Hangar Owners’ hangar;

 

a)            Westwood Aviation Pty Ltd

               

3.    Approve a variation to the Lease between the City of Busselton and Busselton Flyers Pty Ltd Section 12; Use of the lease allowing aviation related commercial businesses to operate from the Busselton Hangar Owners’ hangar;

a)            Mission Air Inc

 

4.   Delegate to the Chief Executive Officer authority to approve any further variations to the leases between the City of Busselton and Busselton Hangar Owners Pty Ltd, the Geographe Hangar Owners Group Inc and the Busselton Flyers Pty Ltd for the purposes of operating aviation related commercial businesses to operate from the hangars at the Busselton Regional Airport.

 

Note:                 The Manager, Commercial Services advised the Committee that Tigermoth Adventures had been omitted from the Officer Recommendation in error and they were required to be included as part of the Geographe Hangar Owners’ Group.

 

Officer Recommendation and Council Decision

C1507/190              Moved Councillor G Henley, seconded Councillor J Green

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council resolve to;

 

1.    Approve a variation to the Lease between the City of Busselton and Busselton Hangar Owners’ Pty Ltd Section 7; Use of Hangar Area allowing the following aviation related commercial businesses to operate from the Busselton Hangar Owners’ hangar;

a)         Busselton AirServices

b)        Southern Skydivers

 

2.    Approve a variation to the Lease between the City of Busselton and Geographe Hangar Owners’ Group Inc Section 7; Use of Hangar Area allowing the aviation related commercial businesses to operate from the Busselton Hangar Owners’ hangar;

a)         Westwood Aviation Pty Ltd

b)        Tigermoth Adventures

          

3.    Approve a variation to the Lease between the City of Busselton and Busselton Flyers Pty Ltd Section 12; Use of the lease allowing aviation related commercial businesses to operate from the Busselton Hangar Owners’ hangar;

a)         Mission Air Inc

 

4.    Delegate to the Chief Executive Officer authority to approve any further variations to the leases between the City of Busselton and Busselton Hangar Owners Pty Ltd, the Geographe Hangar Owners Group Inc and the Busselton Flyers Pty Ltd for the purposes of operating aviation related commercial businesses to operate from the hangars at the Busselton Regional Airport.

CARRIED 8/0

BY ABSOLUTE MAJORITY

  

13.2           MARKETING AND EVENTS REFERENCE GROUP OUTCOMES - CINEFEST OZ FUNDING APPLICATION

SUBJECT INDEX:

Events

STRATEGIC OBJECTIVE:

A City where the community has access to quality cultural, recreation, leisure facilities and services.

BUSINESS UNIT:

Commercial Services

ACTIVITY UNIT:

Commercial Services

REPORTING OFFICER:

Events Coordinator - Shane Walsh

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

  

PRÉCIS

 

The outcomes of the Marketing and Events Reference Group (MERG) meeting held in May 2015 were presented and considered by Council at the ordinary meeting held 24 June 2015.  At the meeting Council resolved to reconsider the event sponsorship funding application received for the 2015 Cinefest Oz event at the ordinary meeting on 8 July 2015.  This report provides background information in relation to the funding request and recommends that Council considers the matter.

 

 

BACKGROUND

 

At the ordinary meeting of Council on 25 March 2015, Council resolved (C1503/067) to support the inclusion of an increase in the Industrial and Commercial Differential Rate of 1% as part of the draft 2015/16 budget process, from 8% to 9% with the funds being split 75:25 between events and marketing respectively. On this basis the 2015/16 draft budget makes provision for $417k to be allocated towards events and $139k towards marketing.

 

A Marketing and Events Reference Group (MERG) meeting was held on Friday 15 May 2015 where the Round 1 Event Sponsorship Applications were assessed and discussed, with recommendations made to Council at the ordinary meeting held 24 June 2015. 

 

At the meeting Council endorsed the allocation of funds totalling $96k for 6 multi-year events and 6 single year events. The remaining unallocated funds included in the draft 2015/2016 events budget following that Council meeting is $68k.

 

Additionally, Council did not support the recommendation made for the Cinefest Oz event, and resolved to reconsider the funding request of $10k at the next meeting.  The funding request is in addition to the existing sponsorship contribution funded through the current multi-year funding agreement which totals $60k (plus June CPI increase) and $5k in-kind support for the 2015 event.

 

City officers had recommended to MERG that $5k be allocated for the Cinefest Oz volunteer programme to cover additional costs of volunteers at the free community screenings, school workshops and screenings in the schools programme, and the introduction of the aboriginal film program, all within the City of Busselton district only.

 

The estimated economic impact from visitors outside of the region for the event in 2015 is $6.2m, with a further $1m spent by the event organisers within the district.

 

STATUTORY ENVIRONMENT

 

Nil

 

RELEVANT PLANS AND POLICIES

 

The recommendations are in line with Council policies.

 

FINANCIAL IMPLICATIONS

 

At the Ordinary Meeting of Council on 25 March 2015, Council resolved (C1503/067) that as part of the 2015/2016 draft budget process that the Industrial and Commercial Differential Rate be increased by 1%, from 8% to 9%, with the funds being split 75:25 between events and marketing respectively, $417k  towards events and $139k towards marketing.

 

In addition to employing Events staff, the total 2015/16 draft budget for events is $717k, which includes the allocation of $280k from municipal funds for various events funded through multi-year agreements. It is to be noted that following the MERG meeting, as part of the 2015/16 draft budget process the budget allocation towards events from municipal funds reduced from $300k to $280k as reflected below;

 

Events - Multi-Year Agreements funded through Municipal funds

2015/16

Busselton Jetty Swim

 $15,600

Ironman WA Busselton

$149,400

Busselton Ironman 70.3

$45,000

Geographe Bay Race Week

$10,000

Cinefest Oz

$50,000

Festival of Busselton

$6,000

Carols by the Jetty

$1,000

Australia Day

$3,000

TOTAL

$280,000

 

After the 24 June Ordinary Council meeting, and as part of the 2015/2016 draft budget, $348.6k has been allocated for events funded by the Differential Rate through multi-year sponsorship agreements, leaving a total of $68k in unallocated funds for the Events Sponsorship Programme.

 

Long-term Financial Plan Implications

 

The draft 2015/16 marketing and events budget is in line with the City’s Long Term Financial Plan, including the 1% increase in the Commercial and Industrial Differential Rate.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter aligns with the City of Busselton’s endorsed Strategic Community Plan 2013, and principally with the following Strategic Goal:

 

Well planned vibrant and active places;

 

·          A City where the community has access to quality cultural, recreation, and leisure facilities and services.

 

RISK ASSESSMENT

 

The recommendations contained within this report are considered low risk and as such a formal risk assessment is not provided.

 


 

CONSULTATION

 

Consultation has been undertaken with members of the Marketing and Events Reference Group, consisting of representatives from the Busselton Chamber of Commerce and Industry, Dunsborough Yallingup Chamber of Commerce and Industry, Geographe Bay Tourism Association and Conservation Association, Busselton Jetty Environment and Conservation Association and the City of Busselton.

 

OFFICER COMMENT

 

In 2013/2014, the City increased its number of major events from 61 to 83. Since the start of the 2014/15 financial year, 125 major events have been registered with the City.  This represents an increase of 50% this financial year. 44 of these events, as of 24 June 2015 Council meeting, are being funding by the City of Busselton, including Cinefest Oz.

 

Round 1 of the City’s Events Sponsorship Programme closed in March 2015.  City officers assessed all applications and made recommendations to the MERG where further assessment and recommendations were made to Council on each event application.  Officers had recommended to MERG that $5k be allocated for the volunteer programme for Cinefest Oz to cover additional costs of volunteers at the free community screenings, school workshops and screenings in the schools programme, and the introduction of the aboriginal film program, all held within the City of Busselton only.  The application for the event totalled $10k.

 

The economic impact of the event for 2015 is estimated to total $6.2m from visitors outside of the region, with a further $1m spent by the event organisers within the City. The profit from the 2014 event totalled $36.6k, and the projected profit for the 2015 event is $3.5k.

 

The City has entered into a multi-year funding agreement for the Cinefest Oz event, totalling $60k, (plus June CPI increase) and $5k in-kind support.  The $10k sponsorship request received is in addition to this amount, and through discussions at the MERG meeting it was agreed that Cinefest Oz, as the City’s second highest funded event after Ironman WA, has already received significant funding from the City’s allocation towards events, and as such the recommendation made was that the application not be supported.

 

The City has also received a three year funding application from Cinefest Oz for the period 2016 to 2018, however it was agreed at the MERG meeting that this multi-year funding application be considered after this year’s event in August, in order to better assess the outcomes against the KPIs contained within the current funding agreement.

 

CONCLUSION

 

The Marketing and Events Reference Group (MERG) has been assigned by Council to make recommendations on the way in which funds raised through the Industrial and Commercial Differential Rate for the purposes of events and marketing are allocated.  Recommendations were made to Council regarding the Round 1 2015/16 Events Sponsorship Programme, however Council did not support the recommendation made for the Cinefest Oz event, and resolved to reconsider the funding request of $10k at the next meeting.  The funding request is in addition to the existing sponsorship contribution funded through the current multi-year funding agreement which totals $60k (plus June CPI increase) and $5k in-kind support for the 2015 event.  Cinefest Oz event is considered as one of the City’s hallmark events, in terms of economic impact and visitors attracted to the region in the off-peak period.

 

OPTIONS

 

Council may choose to either fund the event or not fund the event.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Following Council’s decision, the outcome will be communicated to all members of the Marketing and Events Reference Group and the Cinefest Oz event organisers.

 

OFFICER RECOMMENDATION

 

That the funding request of $10k for the 2015 Cinefest Oz event be considered by Council.

 

Note: Councillor Bennett put forward a Motion for Council to consider providing the funding request of $10k to Cinefest Oz.

 

Council Decision

C1507/191              Moved Councillor R Bennett, seconded Councillor G Bleechmore

 

That the Council provides the funding request of $10k to the 2015 Cinefest Oz event.

 

CARRIED 8/0

  


Council                                                                                      57                                                                          8 July 2015

16.             Motions of which Previous Notice has been Given

Nil  


Council                                                                                      59                                                                          8 July 2015

17.             Confidential Reports  

The reports listed below are of a confidential nature, in accordance with section 5.23(2) of the Local Government Act 1995. These reports have been provided to Councillors, the Chief Executive Officer and Directors only.

17.1           LAND TRANSACTION: DISPOSAL OF LOCAL GOVERNMENT PROPERTY  LOTS 121 AND 122 KENT STREET AND LOT 309 PRINCE STREET

SUBJECT INDEX:

Townscape/Busselton

STRATEGIC OBJECTIVE:

Growth is managed sustainably and our environment is protected and enhanced as we develop.

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Legal Services

REPORTING OFFICER:

Legal Services Coordinator - Cobus Botha

AUTHORISING OFFICER:

Acting Director, Finance and Corporate Services - Sarah Pierson

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Council report 12 June 2013

Attachment b    Proposed Staging Plan Busselton Central Development  

 

This item is confidential in accordance with section 5.23(2) (e)(ii) of the Local Government Act 1995, as it contains information relating to a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government.

  

Council Decision and Revised Officer Recommendation

C1507/192              Moved Councillor G Henley, seconded Councillor J Green

 

That the Council with respect to the proposed redevelopment of the Busselton Central Shopping Centre resolves that:

 

1.    The City of Busselton enters into a contract of sale with the Trust Company (Australia) Limited (Buyer) for disposal of the following land in accordance with the terms and conditions outlined in this report:

a)         Lot 121, Kent Street (or a portion thereof, at the option of the Buyer);

b)        Lot 122, Kent Street; and

c)         Lot 309, Prince Street. 

 

2.    The sale proceeds of the land of $1,050/m2 is transferred to the Performing Arts Centre Development  Reserve Fund; and

 

3.    The amenities contribution of $125,000 payable by the Buyer, is transferred to the Building Reserve Fund.

CARRIED 8/0

 

Note: Officer Recommendation 2 was updated to include the sale price of the land.

 

 

 

 

 

18.             Questions from Members

Nil

19.             Public Question Time

Nil

20.             Next Meeting Date

Wednesday, 22 July 2015

21.             Closure

The meeting closed at 5.35pm.

 

 

 

 

 

 

 

 

 

 

 

 

THESE MINUTES CONSISTING OF PAGES 1 TO 60 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON Wednesday, 22 July 2015.

 

 

DATE:_________________              PRESIDING MEMBER:             _________________________