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 22 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 8 July 2015. 4

Committee Meetings. 5

9.2          Minutes of the Finance Committee held 2 July 2015. 5

Items Brought Forward and Adoption by Exception Resolution.. 6

10..... Reports of Committee. 7

10.1        Finance Committee - 2/07/2015 - FINANCIAL ACTIVITY STATEMENTS – PERIOD ENDING 31 MAY 2015. 7

10.2        Finance Committee - 2/07/2015 - LIST OF PAYMENTS MADE – MAY 2015. 14

10.3        Finance Committee - 2/07/2015 - NEW FEES AND CHARGES 2015/16 YALLINGUP HALL. 16

11..... Planning and Development Services Report. 22

11.1        PROPOSED MODIFICATIONS TO: THE VASSE NEWTOWN DEVELOPER CONTRIBUTION STAGING PLAN (2011) (RECOMMENDED FOR ADOPTION FOR FINAL APPROVAL) AND VASSE NEWTOWN OVERALL DEVELOPMENT GUIDE PLAN (2014) (RECOMMENDED FOR ADOPTION FOR 1. FINAL APPROVAL 2. PUBLIC CONSULTATION). 39

11.2        AMENDMENT No. 9 TO LOCAL PLANNING SCHEME No. 21 - INTRODUCTION OF ADDITIONAL USE NO. 80 TO PERMIT OFFICE AND RESIDENTIAL USES - LOT 37 (62) WEST STREET, WEST BUSSELTON - CONSIDERATION FOR ADOPTION FOR FINAL APPROVAL. 22

12..... Engineering and Work Services Report. 28

Nil

13..... Community and Commercial Services Report. 28

Nil

14..... Finance and Corporate Services Report. 29

14.1        NAMING OF ROADS WITHIN BUSSELTON CEMETERY. 29

14.2        PROPOSED CITY OF BUSSELTON JETTIES AMENDMENT  LOCAL LAW 2015. 35

15..... Chief Executive Officer's Report. 33

15.1        COUNCILLORS' INFORMATION BULLETIN.. 33

16..... Motions of which Previous Notice has been Given.. 50

Nil

17..... Confidential Reports. 50

Nil

18..... Public Question Time. 50

19..... Next Meeting Date. 50

20..... Closure. 50

 


Council                                                                                      3                                                                          22 July 2015

MINUTES

 

MINUTES OF A Meeting of the Busselton City Council HELD IN the Council Chambers, Administration Building, Southern Drive, Busselton, ON 22 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 John McCallum

Cr Tom Tuffin

Cr Gordon Bleechmore

Cr Rob Bennett

Cr Coralie Tarbotton

Cr Jenny Green

Cr Terry Best

 

Officers:

 

Mr Mike Archer, Chief Executive Officer

Mr Oliver Darby, Director, Engineering and Works Services

Mr Paul Needham, 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 Grant Henley

 

Media:

 

“Busselton-Dunsborough Times”

“Busselton-Dunsborough Mail”

 

Public:

 

Nil

3.               Prayer

The prayer was delivered by Pastor Thomas Cooper from the Freedom Church.

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 8 July 2015

Council Decision

C1507/193              Moved Councillor J McCallum, seconded Councillor J Green

That the Minutes of the Council  Meeting held 8 July 2015 be confirmed as a true and correct record.

CARRIED 8/0

 


 

Committee Meetings

9.2             Minutes of the Finance Committee held 2 July 2015

Council Decision

C1507/194              Moved Councillor C Tarbotton, seconded Councillor G Bleechmore

 

1)         That the minutes of a meeting of the Finance Committee held on 2 July 2015 be received.

 

2)         That the Council notes the outcomes of the Finance Committee meeting held on 2            July 2015 being:

 

             a)            The Committee noted the Information Bulletin – May 2015

 

             b)            The Financial Activity Statements – Period Ending 31 May 2015 Item is                                 presented for Council  consideration at Item 10.1 of this agenda

 

             c)            The List of Payments Made – May 2015 Item is presented for Council                                    consideration at Item 10.2 of this agenda

 

             d)            The New Fees and Charges 2015/16 Yallingup Hall Item is presented for                              Council consideration at Item 10.3 of this agenda

CARRIED 8/0

 


 

Items Brought Forward and Adoption by Exception Resolution

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

 

En Bloc Motion

 

Council Decision

C1507/195              Moved Councillor T Best, seconded Councillor T Tuffin

 

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

10.1        Finance Committee - 2/07/2015 - FINANCIAL ACTIVITY STATEMENTS – PERIOD ENDING 31 MAY 2015

10.2        Finance Committee - 2/07/2015 - LIST OF PAYMENTS MADE – MAY 2015

10.3        Finance Committee - 2/07/2015 - NEW FEES AND CHARGES 2015/16 YALLINGUP HALL

11.2        AMENDMENT No. 9 TO LOCAL PLANNING SCHEME No. 21 - INTRODUCTION OF ADDITIONAL USE NO. 80 TO PERMIT OFFICE AND RESIDENTIAL USES - LOT 37 (62) WEST STREET, WEST BUSSELTON - CONSIDERATION FOR ADOPTION FOR FINAL APPROVAL

14.1        NAMING OF ROADS WITHIN BUSSELTON CEMETERY

15.1        COUNCILLORS' INFORMATION BULLETIN

CARRIED 8/0

En Bloc

 


Council                                                                                      7                                                                          22 July 2015

10.             Reports of Committee

10.1           Finance Committee - 2/07/2015 - FINANCIAL ACTIVITY STATEMENTS – PERIOD ENDING 31 MAY 2015

SUBJECT INDEX:

Budget Planning and Reporting

STRATEGIC OBJECTIVE:

An organisation that is managed effectively and achieves positive outcomes for the community.

BUSINESS UNIT:

Finance and Information Technology

ACTIVITY UNIT:

Finance

REPORTING OFFICER:

Manager, Finance and Information Technology - Darren Whitby

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Financial Activity Statements - Period Ending 31 May 2015  

 

This item was considered by the Finance Committee at its meeting on 2 July 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

Pursuant to Section 6.4 of the Local Government Act (‘the Act’) and Regulation 34(4) of the Local Government (Financial Management) Regulations (‘the Regulations’), a local government is to prepare, on a monthly basis, a statement of financial activity that reports on the City’s financial performance in relation to its adopted/ amended budget.

 

This report has been compiled to fulfil the statutory reporting requirements of the Act and associated Regulations, whilst also providing the Council with an overview of the City’s financial performance on a year to date basis for the period ending 31 May 2015.

 

 

BACKGROUND

 

The Regulations detail the form and manner in which financial activity statements are to be presented to the Council on a monthly basis; and are to include the following:

 

§   Annual budget estimates

§   Budget estimates to the end of the month in which the statement relates

§   Actual amounts of revenue and expenditure to the end of the month in which the statement relates

§   Material variances between budget estimates and actual revenue/ expenditure/ (including an explanation of any material variances)

§   The net current assets at the end of the month to which the statement relates (including an explanation of the composition of the net current position)

 

Additionally, and pursuant to Regulation 34(5) of the Regulations, a local government is required to adopt a material variance reporting threshold in each financial year. At its meeting of 30 July 2014, the Council adopted (C1407/190) the following material variance reporting threshold for the 2014/15 financial year:

 

That pursuant to Regulation 34(5) of the Local Government (Financial Management) Regulations, the Council adopts a material variance reporting threshold with respect to financial activity statement reporting for the 2014/15 financial year to comprise variances equal to or greater than 10% of the year to date budget amount as detailed in the Income Statement by Nature and Type/ Statement of Financial Activity report, however variances due to timing differences and/ or seasonal adjustments are to be reported on a quarterly basis.  

STATUTORY ENVIRONMENT

 

Section 6.4 of the Local Government Act and Regulation 34 of the Local Government (Financial Management) Regulations detail the form and manner in which a local government is to prepare financial activity statements.    

 

RELEVANT PLANS AND POLICIES

 

Not applicable.

 

FINANCIAL IMPLICATIONS

 

Any financial implications are detailed within the context of this report.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter principally aligns with Key Goal Area 6 – ‘Open and Collaborative Leadership’ and more specifically Community Objective 6.3 - ‘An organisation that is managed effectively and achieves positive outcomes for the community’. The achievement of the above is underpinned by the Council strategy to ‘ensure the long term financial sustainability of Council through effective financial management’.

 

RISK ASSESSMENT

 

Risk assessments have been previously completed in relation to a number of ‘higher level’ financial matters, including timely and accurate financial reporting to enable the Council to make fully informed financial decisions. The completion of the monthly Financial Activity Statement report is a treatment/ control that assists in addressing this risk.   

 

CONSULTATION

 

Not applicable.

 

OFFICER COMMENT

 

In order to fulfil statutory reporting requirements, and to provide the Council with a synopsis of the City’s overall financial performance on a year to date basis, the following financial reports are attached hereto:

 

§ Statement of Financial Activity

This report provides details of the City’s operating revenues and expenditures on a year to date basis, by nature and type (i.e. description). The report has been further extrapolated to include details of non-cash adjustments and capital revenues and expenditures, to identify the City’s net current position; which reconciles with that reflected in the associated Net Current Position report.

 

§ Net Current Position

This report provides details of the composition of the net current asset position on a year to date basis, and reconciles with the net current position as per the Statement of Financial Activity.

 

§ Capital Acquisition Report

This report provides year to date budget performance (by line item) in respect of the following capital expenditure activities: 

Land and Buildings

Plant and Equipment

Furniture and Equipment

Infrastructure

 

§ Reserve Movements Report

This report provides summary details of transfers to and from reserve funds, and also associated interest earnings on reserve funds, on a year to date basis. 

 

§ Reserve Transfers to Municipal Fund

This report provides specific detail in respect of expenditures being funded from reserves.  

 

Additional reports and/ or charts are also provided as required to further supplement the information comprised within the statutory financial reports.

 

COMMENTS ON FINANCIAL ACTIVITY TO 31 MAY 2015

   

Operating Activity

 

§  Operating Revenue

 

As at 31 May 2015, there is a variance of +0.4% in total operating revenue, with the following categories exceeding the 10% material variance threshold:  

 

Description

Variance

%

Variance

$000’s

Other Revenue

-16%

-$87

Non-Operating Grants, Subsidies and Contributions

-14%

-$984

Profit on Asset Disposals

+770%

+$72

 

A summary of the above variances is provided as follows:

 

Other Revenue (-$87K)

The current variance is primarily attributable to:

§ Fines and penalties revenue is presently $76K below year to date budget estimates, with the main contributors being Bushfire related fines (-$33K) and parking fines (-$40K). As detailed in the Annual Budget Review, projections are that a shortfall of up to $100K will occur in this revenue category as at 30 June 2015.

§ Scrap metal sales revenue is presently $48K below year to date budget estimates. Resulting from the fall in iron ore process, the demand for scrap metal has also fallen. However, as this revenue forms part of the end of financial year ‘waste’ reconciliation, performance is not expected to have any direct impact on the closing surplus/ deficit position.

§ A range of other variances including the Mayoral Prayer Breakfast registrations ($11K) and contributions to Long Service Leave from other local governments ($26K), with these revenues being predominantly offset by associated expenditures.          

 

Non-Operating Grants, Subsidies and Contributions (-$984K)

The current variance is primarily attributable to:

§ The receipt of additional developer contributions above year to date budget estimates (+$387K)

§ The earlier than projected receipt of a Department of Sport and Recreation grant for Barnard Park works (+$347K)

§ The accounting recognition of donated assets, including a fire tender from DFES (+$97K)

§ Timing differences associated with the receipt of capital grant funding including, but not limited to, the following activities:

Road construction grant funding (-$448K)

Beach restoration and Boat-ramp grant funding (-$566K)

Bridge construction grant funding (-$355K)

Airport terminal building and Airport related infrastructure works (-$253K)

Beachfront infrastructure works - shark nets (-$90K)

 

It should be noted that developer contributions and donated assets revenue have no direct impact on the City’s surplus/ deficit position. Developer contributions are transferred to equity upon receipt, via the ‘Transfers to Restricted Assets’ capital expenditure activity, with donated assets accounted for in the City’s balance sheet.      

    

Profit on Asset Disposals (+$72K)

The current variance remains attributable to book profits on the sale, through auction, of obsolete computer equipment and sundry plant items. In most cases, the items had a zero written down value, with any funds received representing a book profit on disposal. This is in addition to higher than projected changeovers on a range of light and heavy plant items. It should be noted that Profit on Asset Disposals represents accounting entries only, and has no direct impact on the surplus/ deficit position.    

 

§   Operating Expenditure

 

As at 31 May 2015, there is a variance of -2.2% in total operating expenditure, with the following categories exceeding the 10% material variance threshold:  

 

Description

Variance

%

Variance

$000’s

Materials and Contracts

-19%

-$2,632

Utilities

-11%

-$218

Depreciation on Non-current Assets

+20%

+$1,857

Insurance Expenses

-11%

-$88

Loss on Asset Disposals

+182%

+$120

 

A summary of the above variances is provided as follows:

 

Materials and Contracts (-$2,632K)

Due to the nature of this expenditure category, variances are evident across a broad range of activities. However, the major variances, which in part due to timing differences, include:

§ Collective contractor expenditure is presently $1,216K below year to date budget estimates and includes, amongst others, recycling contractors (-$231K), coastal protection related contractors (-$305K), Vasse & Provence specified area rate contract maintenance works (-$376K) and also numerous building contractor related works. Conversely, current overspends include a range of Parks and Gardens expenditures (+$238K), tree pruning (+$54K) and road maintenance contractor expenses (+$67K).

§ Collective consultancy expenditure is presently $551K below year to date budget estimates

§ Building maintenance services (including contract cleaning and general maintenance) is presently $205K below year to date budget estimates

§ Collective Legal expenses are presently $141K below year to date budget estimates

§ Plant and equipment maintenance services are presently $111K below year to date budget estimates (primarily fuel, oils and grease -$126K)

 

The remainder of the variance is attributable to budget variances in a range of expenditure types including but not limited to, material purchases, maintenance services and non capital asset acquisitions. Whilst the current collective variance remains attributable in part to budget timing matters, the Annual Budget Review has estimated that a net shortfall of approximately $390K may be evident in this category at financial year end. There is nothing to indicate that this projection does not remain current.      

Utilities (-$218K)

The current variance is primarily due to electricity charges (-$110K), and to a lesser extent water and telephone charges. In terms of the Annual Budget Review, a saving of up to $120K was projected in electricity charges, largely due to the repealing of the carbon tax, but also the overstating of the Geographe Leisure Centre electricity budget, pending the validation of energy saving initiatives at that Centre. In addition, a saving of up to $40K has been projected in telephone charges, primarily due to the introduction of a new process for administering mobile phones provided to eligible staff. However, this saving will be offset by an equivalent increase in Employee Costs, due to the payment of mobile phone allowances.     

 

Depreciation on Non-current Assets (+$1,857K)

This variance is primarily attributable to the Buildings fair value valuation (as at 30 June 2014), coupled with the significant value of donated assets brought to account as at last financial year end. The depreciation budget is developed reasonably early in the annual budget process, based on financial year end projections. Whilst generally accurate, this approach has this year been impacted by the aforementioned activities, the outcomes of which were not known until very late in the 2013/14 financial year. It should be noted however that depreciation expense is reversed as a non cash adjustment, and as such has no net effect on the surplus/ deficit position.                       

 

Insurance Expenses (-$88K)

This variance is primarily attributable to property and plant insurance premiums, which continue to reflect variances of -$46K and -$49K respectively. In terms of the Annual Budget Review, a saving of up to $85K was projected as at financial year end, with this estimation remaining current.                 

 

Loss on Asset Disposals (+$120K)

This variance remains primarily attributable to book losses on the disposal of obsolete computer equipment, sundry plant items and a range of light and heavy vehicles. It should be noted that Loss on Asset Disposals represents accounting entries only, and has no direct impact on the surplus/ deficit position.       

 

Capital Activity

 

§  Capital Revenue

 

As at 31 May 2015, there is a variance of +15.0% in total capital revenue, with the following categories exceeding the 10% material variance threshold:  

 

Description

Variance

%

Variance

$000’s

Transfers from Restricted Assets

+63%

+$1,866

Transfers from Reserves

NA

+$2,685

 

A summary of the above variances is provided as follows:

 

Transfers from Restricted Assets (+$1,866K)     

Due to the nature of this category, the annual budget is predominantly spread evenly across the financial year. The transfers processed so far this financial year primarily relate to the return of bond monies ($1.7M), and also the transfer of 2013/14 unspent loan funds totalling approximately $3.1M. Performance in this category has no direct impact on the surplus/ deficit position, as associated transactions are either ‘off’ balance sheet (deposits and bonds), or represent equity transfers to fund associated expenditures (including loan funds).        

 


 

Transfers from Reserves (+$2,685K)

In terms of the annual budget, transfers from reserves are all scheduled to occur in June. However, cash flow requirements have necessitated the earlier than projected recoup of reserve funds where relevant (reserve funded) expenditures have already been incurred from the municipal fund.          

 

Capital Expenditure

 

As at 31 May 2015, there is a variance of -14.6% in total capital expenditure, with the following categories exceeding the 10% material variance threshold: 

 

Description

Variance

%

Variance

$000’s

Land & Buildings

-48%

-$3,860

Plant and Equipment

-10%

-$349

Furniture and Office Equipment

-24%

-$116

Infrastructure

-49%

-$11,786

Advances to Community Groups

-100%

-$30

Transfers to Restricted Assets

+707%

+$7,062

 

The attachments to this report include detailed listings of the following capital expenditure (project) items, to assist in reviewing specific variances:

§   Land and Buildings

§   Plant and Equipment

§   Furniture and Office Equipment

§   Infrastructure

 

A summary of the remaining variances is provided as follows:

 

Advances to Community Groups (-$30K)

This matter relates to the drawdown of the budgeted self-supporting loan of $30K in favour of the Busselton Football and Sportsman’s Club; to carry out repairs to the Bovell Park football clubrooms. The loan facility was drawn during April 2015, with the loan funds to be paid to the Club in early June 2015.        

 

Transfers to Restricted Assets (+$7,062K)

Similar to ‘Transfers from Restricted Assets’, the annual budget in this category is spread evenly across the financial year. The favourable year to date variance is due to the receipt of developer contributions totalling approximately $1.2M, along with bond and deposit receipts totalling approximately $343K. This is in addition to the quarantining of the recently drawn Busselton Foreshore loan facility of $6.5M, pending end of financial year reconciliation and recoup to municipal funds as required. As with ‘Transfers from Restricted Assets’, performance in this category has no direct impact on the surplus/ deficit position, as associated transactions are either ‘off’ balance sheet (deposits and bonds), or represent equity transfers to quarantine funds received in the form of, amongst others, developer contributions (via the ‘Non-Operating Grants, Subsidies and Contributions’ operating revenue category) and borrowings.          

 

BUDGET VARIATIONS AND OTHER ‘KNOWNS’

 

In considering the October 2014 Financial Activity Statements, the Council determined (C1412/338) to quarantine a number of windfall revenues and identified savings to the Infrastructure Development Reserve; summarised as follows:

 

 

Description

Amount

$

September 2013 Storm Damage Claim Reimbursement

99,092

Insurance Scheme Surplus Distribution

50,336

Loan Repayments – Civic and Administration Centre

83,919

TOTAL

233,347

 

CONCLUSION

 

As per the 2014/15 Annual Budget Review, the City’s overall financial performance to 31 March 2015 was considered satisfactory, with a surplus closing position in the order of $900K projected as at 30 June 2015. Based on the City’s financial performance to 31 May 2015, there is nothing to indicate that the Annual Budget Review comments do not remain valid. Notwithstanding this however, the Annual Budget Review estimated additional rates revenue of approximately $100K. Upon further review, this estimation was previously understated, with additional rates revenue of up to $400K now projected, resulting in an amended surplus estimate of approximately $1.2M.

 

Whilst individual, and in some cases material, variances remain evident within operating and capital activities (both income and expenditure), in many instances the variances are offsetting, and as such will not directly impact on the revised closing surplus/ deficit position as at 30 June 2015.   

      

OPTIONS

 

The Council may determine not to receive the statutory financial activity statement reports.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

NA.

 

Council Decision / Committee Recommendation and Officer Recommendation

C1507/196              Moved Councillor T Best, seconded Councillor T Tuffin

 

That the Council receives the statutory financial activity statement reports for the period ending 31 May 2015, pursuant to Regulation 34(4) of the Local Government (Financial Management) Regulations.

CARRIED 8/0

En Bloc

 


Council                                                                                      15                                                                        22 July 2015

10.2           Finance Committee - 2/07/2015 - LIST OF PAYMENTS MADE – MAY 2015

SUBJECT INDEX:

Financial Operations

STRATEGIC OBJECTIVE:

An organisation that is managed effectively and achieves positive outcomes for the community.

BUSINESS UNIT:

Finance and Information Technology

ACTIVITY UNIT:

Finance

REPORTING OFFICER:

Manager, Finance and Information Technology - Darren Whitby

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   List of Payments Made - May 2015  

 

This item was considered by the Finance Committee at its meeting on 2 July 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report provides details of payments made from the City’s bank accounts for the month of May 2015, for noting by the Council and recording in the Council Minutes.

 

 

BACKGROUND

 

The Local Government (Financial Management) Regulations require that when the Council has delegated authority to the Chief Executive Officer to make payments from the City’s bank accounts, that a list of payments made is prepared each month for presentation to, and noting by, the Council.

 

STATUTORY ENVIRONMENT

 

Section 6.10 of the Local Government Act and more specifically, Regulation 13 of the Local Government (Financial Management) Regulations; refer to the requirement for a listing of payments made each month to be presented to the Council. 

 

RELEVANT PLANS AND POLICIES

 

NA.

 

FINANCIAL IMPLICATIONS

 

NA.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter principally aligns with Key Goal Area 6 – ‘Open and Collaborative Leadership’ and more specifically Community Objective 6.3 - ‘An organisation that is managed effectively and achieves positive outcomes for the community’.

 

RISK ASSESSMENT

 

NA. 

 

CONSULTATION

 

NA.

 

OFFICER COMMENT

 

NA.

 

CONCLUSION

 

NA.

 

OPTIONS

 

NA.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

NA.

 

Council Decision / Committee Recommendation and Officer Recommendation

C1507/197              Moved Councillor T Best, seconded Councillor T Tuffin

 

That the Council notes the payment of voucher numbers M111241 - M111428, EF040168 – EF040659, T007140 - T007147, and DD002466 - DD002490, together  totalling $6,317,094.68.

 

CARRIED 8/0

En Bloc

 


Council                                                                                      17                                                                        22 July 2015

10.3           Finance Committee - 2/07/2015 - NEW FEES AND CHARGES 2015/16 YALLINGUP HALL

SUBJECT INDEX:

Community Facilities

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Community Development

REPORTING OFFICER:

Community Development Coordinator - Jeremy O’Neill

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Yallingup Hall

Attachment b    Yoongarillup Hall  

 

This item was considered by the Finance Committee at its meeting on 2 July 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report proposes new Fees and Charges for the hire of Yallingup Hall and Yoongarillup Hall. These halls were formally managed by community groups and have since been handed back to the City to manage. 

 

 

BACKGROUND

 

Yallingup Hall is located on Reserve 15458 which is crown land vested with the City for the purpose of an Agricultural Hall Site as indicated in Attachment A. Historically Yallingup Hall has been managed by a local hall committee. This is similar to many rural halls in the district which have operated in this way for many years without any formal agreement or lease in place with the City.

 

Discussions in regards to the formal management of the Yallingup Hall commenced with the hall committee in late 2014. Unfortunately the committee folded and on 22 April 2015 a decision was made by the remaining community representative of the Yallingup Hall Committee to ‘hand back’ the management of the Hall to the City of Busselton.

 

The Yallingup Hall Committee’s fee structures differed to City managed halls. Hirers were charged $15 per hour and the rate was the same for community and commercial hire.  Electricity was itemised and charged to the hirer and there was no bond process in place.

 

Yoongarillup Hall is located on Reserve 17656, which is a 4.4ha parcel of crown land vested with the City for the purpose of a Recreational and Hall Site as indicated in Attachment B.

 

The City took over the management of Yoongarillup Hall in 2013 when the community based hall committee handed the hall over to the City, it’s not clear what processes and charges were in place for use of the hall prior to this. The City has been charging the Council endorsed ‘Other halls’ hire fee which starts from $27 an hour. Since the City has managed the hall use has been moderate, with feedback that the current fee structure is too high for the type of facility and its condition.

 

This report proposes a new fee structure for ‘Other Halls’ which can be in place until such time as an Expression of Interest process can determine if a new Incorporated Association would be willing to take over the long term management of these facilities.

 

 

 

 

STATUTORY ENVIRONMENT

 

Section 6.16(3) of the Act states that a schedule of fees and charges is to be adopted by the Council when adopting the annual budget; however fees and charges may also be imposed during a financial year.

 

Section 6.16 of the Local Government Act (the “Act”) states that a local government may impose and

recover a fee or charge for any goods or services it provides or proposes to provide, other than a service for which a service charge is imposed.

 

Section 6.17 of the Act further states that in determining the amount of a fee or charge for goods and services, a local government is to take in to consideration the following factors:

 

a) The cost to the local government of providing the service or goods

b) The importance of the service or goods to the community; and

c) The price at which the service or goods could be provided by an alternative provider

 

Section 6.18 of the Act clarifies that if the amount of any fee or charge is determined under another written law, then a local government may not charge a fee that is inconsistent with that law.

 

Pursuant to Section 6.19 of the Act, local public notice must be given should fees and charges be adopted outside of the annual budget adoption process.

 

The above matters have been considered as part of the development of the new fees and charges in this report.

 

RELEVANT PLANS AND POLICIES

 

Conditions of use for City of Busselton Community Facilities are stipulated in the Shire of Busselton Local Government Property Local Law 2010.

 

In 2014 the Council adopted a Community Facilities Bookings Policy, which provides a strategic framework for the orderly and fair booking of community facilities.

 

FINANCIAL IMPLICATIONS

 

The table below compares Yallingup and Yoongarillup Halls against similar halls and their hire fees. The table also shows the asset replacement value of each hall. The asset replacement value is a primary indicator of both the ‘usability’ and overall ‘condition’ of a facility, and as such the hire fees that are charged should be proportionately reflective of this. Table 1 highlights the discrepancy in value and current fees charged for Yallingup and Yoongarillup halls as follows:

 

·    Churchill Park is approximately four (4) times the asset replacement value of the Yallingup and Yoongarillup Halls respectively but with the same hire out rate currently being charged for Yoongarillup Hall.

·    Railway Hall is the closest comparison in terms of size (although much smaller) and asset replacement value (although much lower) and has an hourly hire rate of $16.

 


 

Table 1. Community Hall Hire Fees versus Asset replacement value

 

Name of Hall

Description (hire arrangement)

Adopted 15/16 Hire Fees

Asset replacement value (2012)

Churchill Park Hall

Community - per hour

$27.00

$1,200,195

 

Community with Food/Drink - per hour

$31.00

 

 

Commercial per hour

$48.50

 

Yoongarillup Hall*

Community - per hour

$27.00

$326,250

 

Community with Food/Drink - per hour

$31.00

 

 

Commercial per hour

$48.50

 

Yallingup Hall

Community - per hour

 

$295,000

 

Community with Food/Drink - per hour

 

 

 

Commercial per hour

 

 

Railway Hall

Community - per hour

$16.00

$150,000

 

Community with Food/Drink - per hour

$20.00

 

 

Commercial per hour

$34.50

 

Legend

*Listed as 'Other Halls' in the adopted 15/16 Fee and Charges schedule

 

Further to the benchmarking above, Table 2 below contains the new ‘Other Halls’ fee proposed to be used for Yallingup Hall and Yoongarillup Hall (highlighted in yellow) .

 

Table 2. Proposed Community Hall Hire Fees versus Asset replacement value

 

Name of Hall

Description (hire arrangement)

Adopted 15/16 Hire Fees (Inc GST)

Recommended 15/16 Hire Fees (Inc GST)

Asset replacement value (2012)

Churchill Park Hall

Community - per hour

$27.00

 

$1,200,195

 

Community with Food/Drink - per hour

$31.00

 

 

 

Commercial per hour

$48.50

 

 

Railway Hall

Community - per hour

$16.00

 

$150,000

 

Community with Food/Drink - per hour

$20.00

 

 

 

Commercial per hour

$34.50

 

 

Yallingup Hall

Community - per hour

 

$20.00

$295,000

 

Community with Food/Drink - per hour

 

$24.00

 

 

Commercial per hour

 

$38.50

 

Yoongarillup Hall*

Community - per hour

$27.00

$20.00

$326,250

 

Community with Food/Drink - per hour

$31.00

$24.00

 

 

Commercial per hour

$48.50

$38.50

 

Legend

*Listed as 'Other Halls' in the adopted 15/16 Fee and Charges schedule

 

In accordance with Section 6.17 of the Act, the proposed fees have also been benchmarked against alternative providers. For example Dunsborough Hall (managed by the Dunsborough and District Progress Association) was also used to help establish the fee proposed for Yallingup and Yoongarillup Halls.

 

Should the Council endorse the reduced ‘Other Halls’ fees there is a potential revenue loss for each respective hire of the Yallingup and Yoongarillup Halls. However, Officers are of the opinion that a greater revenue loss / opportunity cost exists if the halls are over-priced and consequently not utilised by the community. The proposed fees recognize the facility condition and usability of the Yallingup and Yoongarillup Halls and what can be reasonably charged for the hire of these facilities.

                                                                                                                                                                    

Long Term Financial Plan implications

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

The provision of halls by the City of Busselton for use by the community aligns with the following Council’s Strategic Community Plan objectives:

 

§ A community where people feel safe, empowered, included and enjoy a sense of good health and wellbeing.

§ An attractive City offering great places and facilities promoting an enjoyable and enriched lifestyle

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

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

 

RISK ASSESSMENT

 

There are several risks that the Council needs to be mindful of when reviewing its Schedule of Fees and Charges. Firstly, in an effort to assist in recovering costs associated with the provision of services, it is important that, where applicable, fees and charges are increased on an annual basis in line with relevant economic indicators. Conversely however, a balance is also required to ensure that fees and charges are maintained at levels so as not to adversely impact on the financial capacity for users to utilise those services, which may otherwise result in a net reduction in revenue. These matters were considered by officers when proposing the fees and charges in this report.            

 

CONSULTATION

 

Consultation has taken place with both current and potential users of Yallingup Hall to advise of the change in management and possible change in fees for the use of this facility in the 2015/16 financial year.

 

Feedback from consultation undertaken with Yoongarillup Hall users and potential users has been used to inform the fees proposed in this report.

 

OFFICER COMMENT

 

The Yallingup Hall Committee folded, for reasons unknown and hence the hall has defaulted back to the City to manage until such time as another organisation can take it over.

 

Usage of Yoongarillup Hall has been moderate since the City took over the management of this hall in 2013. City Officers have actively promoted the hire of this hall to prospective users and the predominant feedback has been the price of the hall, given its condition, location and usability, is the prohibitive factor in its usage.

 

Officers have established the proposed new fees for these facilities by benchmarking with other halls, both managed by the City and by others and have also used the condition assessments and asset replacement values to assist to determine proposed fees that represent fair value.

 

CONCLUSION

 

Officers recommend the new ‘Other Halls’ fees proposed in this report are adopted by Council for use by the City from 1 August 2015. These fees will apply for Yallingup and Yoongarillup Hall until such time as the City is able to enter into an agreement to lease or license the facilities with a third party selected through an Expression of Interest process by Council.

 

OPTIONS

 

Option 1:

The Council may decide not to adopt a new ‘Other Halls’ fee as proposed in this report. In this instance, the Council endorsed ‘Other halls’ hire fee (which starts from $27 an hour) will apply to the hire of Yallingup Hall from 1 August 2015.

 

Option 2:

The Council may resolve to adopt an alternative fee for both or either of the halls.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Subsequent to adoption by Council, the Schedule of new Fees and Charges will become effective from and including 1 August 2015.

 

OFFICER RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council:

 

1. Endorses the Fees and Charges as detailed in the “Draft Fee 2015/16 (excl. GST)” column of the

following Schedule of Fees and Charges; effective from and including 1 August 2015:

 

DESCRIPTION

DRAFT FEE 2015/16                    (Excl GST)

GST

DRAFT FEE 2015/16                    (Inc GST)

 

 

 

 

 

 

 

 

Indoor Community Facilities

 

 

 

 

 

 

 

Other Halls

 

 

 

Community - per hour

$18.20

$1.80

$20.00

Community with Food/Drink - per hour

$21.80

$2.20

$24.00

Commercial per hour

$35.00

$3.50

$38.50

 

Note:                 The Committee were supportive of the officer recommendation subject to the inclusion of it into the 2015/16 budget adoption deadlines.

 

Council Decision and Committee Recommendation

C1507/198              Moved Councillor T Best, seconded Councillor T Tuffin

 

That the Council:

 

1. Endorses the Fees and Charges as detailed in the “Draft Fee 2015/16 (excl. GST)” column of the

following Schedule of Fees and Charges and this be incorporated in the 2015/16 budget documentation:

 

DESCRIPTION

DRAFT FEE 2015/16                    (Excl GST)

GST

DRAFT FEE 2015/16                    (Inc GST)

 

 

 

 

 

 

 

 

Indoor Community Facilities

 

 

 

 

 

 

 

Other Halls

 

 

 

Community - per hour

$18.20

$1.80

$20.00

Community with Food/Drink - per hour

$21.80

$2.20

$24.00

Commercial per hour

$35.00

$3.50

$38.50

 

CARRIED 8/0

En Bloc

  


Council                                                                                      23                                                                        22 July 2015

11.             Planning and Development Services Report

11.2           AMENDMENT No. 9 TO LOCAL PLANNING SCHEME No. 21 - INTRODUCTION OF ADDITIONAL USE NO. 80 TO PERMIT OFFICE AND RESIDENTIAL USES - LOT 37 (62) WEST STREET, WEST BUSSELTON - CONSIDERATION FOR ADOPTION FOR FINAL APPROVAL

SUBJECT INDEX:

Town Planning Schemes and Amendments

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Strategic Planning and Development

ACTIVITY UNIT:

Strategic Planning and Development

REPORTING OFFICER:

Senior Strategic Planner - Helen Foulds

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Scheme Amendment Map

Attachment b    Location Plan

Attachment c    Table of Submissions  

  

PRÉCIS

 

The Council is requested to consider adopting for final approval draft Amendment No. 9 to Local Planning Scheme No. 21 (LPS21).  The amendment seeks to introduce Additional Use No. 80 over Lot 37 (No. 62) West Street, West Busselton.  It will permit use of the land for offices, grouped dwellings and multiple dwellings in addition to current commercial activities.

 

The amendment was advertised for 42 days and no objections were received.  An assessment of the submission did not reveal any substantive issues. 

 

It is considered that the proposal is broadly consistent with the strategic planning framework applicable to the area and reflects proposed changes in planning direction endorsed by the Council in the adoption of the Local Commercial Planning Strategy

 

Officers are recommending that the amendment be adopted for final approval.

.

 

BACKGROUND

 

The subject land, Lot 37, is located on the western side of West Street between Bussell Highway and Kent Street within the ‘Restricted Business’ zone.  A narrow strip of road reserve runs along the southern boundary of the property, which acts as a service lane for the adjacent commercial properties.  The property itself has a total area of 2,790m2 a narrow frontage to West Street and has the bulk of the land located towards the rear (refer to Attachment B).  The Land located directly to the east, on the opposite side of West Street, is zoned ‘Business’ and land located to the north of the site is zoned Residential

 

The subject land had previously been designated as office but it was replaced as Restricted Business, for large form retail development, when Scheme No. 20 was gazetted in1999. 

 

The subject land did not develop further and has contained the Busselton Squash Courts, since 1979. 

 

According to the landowner, the squash court facility is a marginal financial business and not the best use for the land.  Following finalisation of this amendment the owner is looking at redeveloping the site into a commercial/residential complex, likely to contain multiple dwellings on upper levels.

 

The proposal comprises an amendment to the local planning scheme (LPS 21) to introduce additional uses (at Schedule 2) over Lot 37 (No. 62) West Street, to accommodate both office/commercial and residential use at the subject land; where formerly only large form retail development was acceptable. 

 

This is illustrated in the table below (and Attachment A).

 

Schedule 2 in LPS 21

No.

PARTICULARS OF LAND

LAND USE PERMITTED/SPECIFIED

CONDITIONS

A80

Lot 37 (Vol 1580 & Folio 774) West Street, West Busselton

Office

Grouped Dwelling

Multiple Dwelling

1.   The Additional Uses specified shall be deemed to be “D” uses for the purpose of the Scheme.

2.   Grouped Dwelling or Multiple Dwelling shall not be located at the ground floor fronting West Street, the area shall be developed for Office and/or commercial uses as permitted by this zone.  No car parking is to be located within the building setback area fronting West Street.

3.   Any residential development of the site may be developed up to an R60 density.

 

The amendment will facilitate the development of the land for the use of ‘office’, ‘grouped dwelling’ and ‘multiple dwelling’.  The residential uses can also be developed at a density of R60.

 

STATUTORY ENVIRONMENT

 

The Planning and Development Act 2005 outlines the relevant considerations when preparing and amending local planning schemes.  The relevant provisions of the Act have been taken into account in preparing and processing this amendment.

 

The City of Busselton Local Planning Scheme No. 21 (the Scheme) identifies the subject land within the ‘Restricted Business’ zone. 

 

The Zoning Table of the Scheme indicates that the uses ‘Office’, ‘Grouped Dwelling’ and ‘Multiple Dwelling’ are uses that are not permitted in the ‘Restricted Business’ zone.  However, an Additional Use right afforded by clause 4.7 of the Scheme provides for the use to be considered on a discretionary basis via a Scheme amendment request.

 

RELEVANT PLANS AND POLICIES

 

The key policy implications for consideration of the amendment are set out in the Western Australian Planning Commission State Planning Policy No.3 – Urban Growth and Settlement and Liveable Neighbourhoods, the City of Busselton Local Commercial Planning Strategy and the City of Busselton Draft Local Planning Strategy.  Each is discussed below under appropriate subheadings.

 

State Planning Policy No.3 – Urban Growth and Settlement / Liveable Neighbourhoods

 

One of the main features of the Urban Growth and Settlement Policy is to create sustainable communities with access for all to employment, health, education, shops, leisure and community facilities by locating new development so as to be accessible by foot, bicycle or public transport rather than having to depend on access by car. 

 

The site effectively borders the Busselton City centre and is therefore considered to be in close proximity (walking distance) to all of the above.

 

This principle is also reinforced within Liveable Neighbourhoods which advances the principle of an urban structure of walkable neighbourhoods clustered to form towns of compatibly mixed uses in order to reduce car dependence for access to employment, retail and community facilities.

 

City of Busselton Local Commercial Planning Strategy

 

The Local Commercial Planning Strategy (LCPS) provides the long term strategic land use planning and strategic direction for the development of commercial land within the District.

 

The LCPS recognises that “Office uses located near to, but not necessarily within the town centre will generate growth of office employment and create synergies with other businesses in the town centre.” 

 

Accordingly, a recommendation of the LCPS is to provide for an additional use over the adjacent Residential zone to the north of Lot 37, whereby a number of commercial uses considered to compliment the Busselton City centre such as Office, Medical Centre and Shop may be included (Recommendation 3).  Another recommendation of the LCPS also provides for the introduction of mixed use development within the ‘Business’ zone to facilitate the development of residential use and ultimately provide for an increased vitality within the City centre.

 

City of Busselton Draft Local Planning Strategy

 

In addition to the LCPS, the draft Local Planning Strategy (adopted by Council for community consultation on 25 September 2013) seeks to encourage office development within and adjacent to the Busselton City Centre with the following “theme strategy”:

 

“Significant office development should predominantly be located within or adjacent to the Busselton City Centre, Dunsborough Town Centre or Ambergate North Town Centre.”

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications arising from the recommendations of this report.

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The amendment is considered to be consistent with the following community objectives of the City’s Strategic Community Plan 2013 –

 

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

3.1       A strong, innovative and diverse economy that attracts people to live, work, invest and visit.

 


 

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 identified ‘downside’ risks only, rather than upside risks as well.  The implementation of the Officer Recommendation will involve adopting the amendment for final approval and referring it to the Western Australian Planning Commission/Minister. In this regard, there are no significant risks identified.

 

CONSULTATION

 

The amendment was advertised for public consultation for 42 days, with the public submission period closing on 5 June 2015.  No public submissions were received.  Four submissions were received from public authorities in which general advice was provided for future subdivision or development applications (refer to Attachment C).  The submissions are noted and no further action is necessary.

 

The Busselton Squash Club was directly provided with an opportunity to comment on the proposed amendment (by the City) but has not made any comment.

 

There has been uncertainty about the continuation of squash at this location for some time (5 years) and there have been various approaches by the club to Council about alternate locations and opportunities with the private sector.  The approval of the Amendment may provide a greater impetus for the club, to resolve a future location.

 

OFFICER COMMENT

 

The City has formulated a draft Local Planning Strategy (LPS), which incorporates the adopted Local Commercial Planning Strategy, and it will serve to inform and underpin proposals for future amendments to the Scheme.

 

Within the overall local planning strategy process, areas within close proximity to the Busselton City centre have been identified as appropriate locations for mixed use development; being a mix of commercial and residential uses.  These types of development generally support the vitality of town centres, whilst also advancing limited vehicle use, by their residents, due to the close proximity to services.  Mixed use developments also encourage housing diversity, affordability and flexibility.

 

The development of the site at a R60 density is consistent with the desired future pattern of development within and surrounding the Busselton City centre.  Council’s attention is drawn to an expectation that the character of the adjacent residential area is likely to change due to its medium density coding and as an increasingly “urban” development form of mixed uses, comprising office and residential development, increases in frequency over time.  The City strategies support this to be a desirable outcome.

 

Consideration was given to limiting the residential development at the property in some way to ensure the availability of commercial floor space is retained.  Due to the layout of the landholding, the likelihood of a successful commercial tenancy towards the rear of the site is low; as the exposure and potential customer awareness from the main traffic thoroughfares is low.  Alternatively the area of the property located towards West Street is seen as the best location for commercial activity but may not be competitive with residential demand.  A condition (in A80) is therefore recommended to guide the development of the land, to reserve the ground floor of the portion fronting West Street, for office/commercial tenancies (i.e. not residential) and to provide any associated car parking to be located immediately behind such development.


 

CONCLUSION

 

The proposed amendment to the local planning scheme will not result in a detrimental impact on the ‘Restricted Business’ zone.  The proposal is consistent with the relevant strategic planning framework and the desirable outcomes it seeks to achieve.  The proposal is therefore recommended to be adopted for final approval.

 

OPTIONS

 

Should the Council not support the Officer Recommendation, it could consider the following options:

 

1.            Resolve to decline the request to adopt the amendment for final approval and provide a reason for such a decision.

 

2.            Resolve to adopt the amendment for final approval, subject to modification(s).

 

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The implementation of the Officer Recommendation will involve referral of the Scheme Amendment documents to the Western Australian Planning Commission and this will occur within one month of the date of the Council decision.

 

Council Decision and Officer Recommendation

C1507/199              Moved Councillor T Best, seconded Councillor T Tuffin

 

That the Council:

 

1.    In pursuance of Part V of the Planning and Development Act 2005, adopts draft Amendment No. 9 to the City of Busselton Local Planning Scheme No. 21 for final approval, for the purposes of:

 

a)         Amending Schedule 2 – Additional Uses of the Scheme Text to include the subject land within the Schedule as follows:

 

No.

PARTICULARS OF LAND

LAND USE PERMITTED / SPECIFIED

CONDITIONS

A80

Lot 37 (Vol 1580 & Folio 774) West Street, West Busselton

Office

Grouped Dwelling

Multiple Dwelling

1.   The Additional Uses specified shall be deemed to be “D” uses for the purpose of the Scheme.

2.   Grouped Dwelling or Multiple Dwelling shall not be located at the ground floor fronting West Street, the area shall be developed for Office and/or commercial uses as permitted by this zone.  No car parking is to be located within the building setback area fronting West Street.

3.   Any residential development of the site may be developed up to an R60 density.

 

b)        Amending the Scheme Map accordingly.

 

2.    Endorses the Schedule of Submissions prepared in response to the public consultation undertaken in relation to Amendment No. 9.

 

3.    Refers, pursuant to Regulation 18, Amendment No. 9 to the City of Busselton Local Planning Scheme No. 21, so adopted for final approval, to the Western Australian Planning Commission with a request for the approval of the Hon. Minister for Planning.

 

4.    That, where notification is received from the Western Australian Planning Commission that a modification of the Amendment is required prior to the approval of the Amendment by the Minister, the modification is to be undertaken in accordance with the requirements of the Town Planning Regulations 1967, unless the modification affects the intent of the Amendment, in which case it shall be referred to the Council for consideration.

 

CARRIED 8/0

En Bloc

  


Council                                                                                      29                                                                        22 July 2015

12.             Engineering and Work Services Report

Nil

13.             Community and Commercial Services Report

Nil


Council                                                                                      29                                                                        22 July 2015

14.             Finance and Corporate Services Report

14.1           NAMING OF ROADS WITHIN BUSSELTON CEMETERY

SUBJECT INDEX:

Busselton Cemetery

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Customer Services

REPORTING OFFICER:

Manager, Corporate Services - Sarah Pierson

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Road Names for Busselton Cemetery  

  

 

PRÉCIS

 

This report recommends that Council approve names for submission for the five interior roads of Busselton Cemetery. The recommended names presented in this report are in accordance with the Geographic Names Committee (GNC) standards. They have been proposed for the purpose of mapping and customer convenience.

 

 

BACKGROUND

 

Busselton Cemetery is located on a plateau located along the Vasse Highway, just north of the Busselton Airport. It is a four hectare site bounded by the Busselton Airport to the south, the new Industrial Park to the east and the Southern Districts Agricultural Society owned farm land to the north.

 

The City is in the process of developing new cemetery maps for the site for use both internally and externally by users of the cemetery. In order to further enhance usability of these maps, it is recommended that internal roads within the cemetery be named.

 

Currently none of the Cemetery’s five internal roads have proper names and only the main access road has a common-use or informal name. This road is referred to as Memorial Drive. The other four roads are usually referred to as “the road north of the main road,” “the road south of the main road,” “the road that runs around to the back” and “the road that runs through the middle.”

 

The use of these descriptors and the absence of proper road names makes it difficult to direct mourners, monumental masons and funeral directors to the correct section of the cemetery. It also makes it difficult for walk in visitors to navigate to their family sites.

 

Whilst roads within the cemetery could be considered private roads or roads on government managed land, the Cemetery is public open space and therefore as per Section 8.1 of the GNC’s Policies and Standards for Geographical Naming in Western Australia (see Relevant Plans and Policies section of this report) the City is required to apply for approval for any road names within its boundaries. The GNC requires Council endorsement prior to considering the City’s application.

 

STATUTORY ENVIRONMENT

 

The responsibility for the naming of roads, features, townsites and places in Western Australia resides with the Minister for Lands. The GNC was established by the Minister to provide advice on geographical nomenclature matters; and provide guidelines to facilitate the processing and approval of nomenclature applications.

 

The legislation that impacts on road names is Part 2, Division 3 of the Land Administration Act 1997, Section 26(2)(C):

 

                Land districts and townsites, constitutions etc. of

                                Subject to section 26A, the Minister may by order

                                                Name, rename and cancel the name of any topographical feature, road or                                             reserve

 

RELEVANT PLANS AND POLICIES

 

The key policy relevant to the proposal is the Geographic Names Committee’s Policies and Standards for Geographical Naming in Western Australia (Landgate, April 2013). Section 8.1 states:

 

                In Western Australia the following naming policies shall be applied:

-     all roads shall be named, including private roads which are generally open to public access or for services. This includes but is not limited to:

        *highways, motorways and freeways;

        *roads within complexes such as universities, hospitals and retirement     villages;

        *roads within conservation reserves, State forests, water reserves and any             other government administered land; and

        *pedestrian-only roads such as malls or steps

-       all road naming proposals shall be submitted to Landgate for approval.

 

The City of Busselton Street Names Policy has also been reviewed and this proposal complies with the policy.

 

FINANCIAL IMPLICATIONS

 

Provided Council does not seek public comment, the introduction of Cemetery road names will have minimal financial impact with signage requirements able to be accommodated within current budgets.

 

Long-term Financial Plan Implications

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

This proposal aligns with the City of Busselton Strategic Community Plan 2013 Objective 2.3: Infrastructure assets that are maintained and responsibly managed to provide for future generations.

 

RISK ASSESSMENT

 

No significant risks have been identified in relation to the proposal to formalize road names within the cemetery.  Road names within the cemetery can act to mitigate risks through the provision of a single source reference. In the event of an emergency for instance, service vehicles will have a clear reference for navigation.

 

CONSULTATION

 

The GNC was contacted in preparation for this report. The names proposed in this report have been provided to them for their comment and they have indicated that, Upon initial inspection, the names appear to be suitable.

 

The GNC’s policy document does not state that public consultation is required for the naming of roads within public open space but is at the discretion of Council.

 

OFFICER COMMENT

 

The roads in question are internal to the Cemetery and as such are not widely used and do not have a significant impact in the greater community. The naming of them is a matter of convenience.

 

There has been a significant amount of positive feedback from the community regarding recent changes at the Busselton Cemetery.  Officers consider the proposed naming of roads a further way to improve cemetery access and service.  This will be realised by using the names as a means to direct customers within the cemetery, through the use of cemetery maps or verbally.

 

Any proposed road names need to be sensitive to the cultural significance of the Cemetery. For this reason, in addition to the GNC naming requirements, the following criteria were considered: 

 

a)    Road names must be suited to the respectful nature of a cemetery.

b)    Road names should not reflect a single religion, culture or belief system.

c)    Road names should not be representative of any single individual or family group.

 

The proposed names are deliberately neutral to ensure inclusivity for all of our community groups.

 

Having considered the above, the proposed road names for each of the road numbers as shown in Attachment A are:

 

Road

Number

Road

Name

Road

Designator

Reason

1

Memorial

Drive

This name has been in common use for many years, likely back to the 1930s when the cemetery was first opened.

2

Serenity

Concourse

This name was chosen to reflect the sense of peace that is often sought by families visiting a cemetery.

3

Rose Garden

Lane

The cemetery has a small memorial rose garden at the junction of this road and Road 1

4

Orchid

Lane

This road runs through the oldest portion of the cemetery. There are many native orchids growing among the graves.

5

Jacaranda

Lane

This road runs along a line of Jacaranda trees.

 

Officers do not feel that community consultation is warranted in relation to the proposed naming of the roads as the all five roads are internal to the cemetery only.  The proposed names have been carefully considered to be descriptive of their location and are culturally neutral. 

 

CONCLUSION

 

Naming the five roads within the Busselton Cemetery will further enhance a significant community facility. The names provided have been carefully considered to be descriptive of their location and culturally neutral.

 

OPTIONS

 

Option 1: Council may determine that other names should be considered.

 

Option 2: Council may determine it appropriate to consult with the community on the proposed names

Option 3: Council may determine that naming the Busselton Cemetery internal roads is not required.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Implementation of the Officer Recommendation will occur within one month of the date of the

Council decision.

 

Council Decision and Officer Recommendation

C1507/200              Moved Councillor T Best, seconded Councillor T Tuffin

 

That the Council:

 

1.    Resolve to name the interior roads in the Busselton Cemetery as follows:

 

Road

Number

Road

Name

Road

Designator

1

Memorial

Drive

2

Serenity

Concourse

3

Rose Garden

Lane

4

Orchid

Lane

5

Jacaranda

Lane

 

2.    Refer the proposed names to Landgate’s Geographic Names Committee for approval.

 

CARRIED 8/0

En Bloc

 


Council                                                                                      33                                                                        22 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   State Heritage Nomination and Preliminary Review – Nautical Lady Tower, Busselton

Attachment b    Planning Applications Received Between 16 and 30 June, 2015

Attachment c    Planning Applications Determined Between 16 and 30 June, 2015

Attachment d   Actions Relating to the Management and Control of Dogs - 1 April to 30 June, 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    State Heritage Nomination and Preliminary Review – Nautical Lady Tower, Busselton

 

Correspondence has been received from Penny O’Connor, Manager Assessment and Registration, State Heritage Office in relation to the referral of the Nautical Lady Tower to the State Heritage Office.  A copy of the correspondence and the preliminary review is provided at attachment A.

15.1.2    Report on Local Government Road Assets and Expenditure 2013/14

 

A copy of the Report on Local Government Road Assets and Expenditure 2013/14 has been received from WALGA and is available to be viewed in the Councillors Office.

15.1.3    Planning & Development Services Statistics

 

Planning Applications

 

Attachment B is a report detailing all Planning Applications received by the City between 16 and 30 June, 2015.  Thirty three formal applications were received during this period.

 

Attachment C is a report detailing all Planning Applications determined by the City between 16 and 30 June, 2015.  A total of thirty one applications (including subdivision referrals) were determined by the City during this period with thirty applications approved / supported and one application refused.

15.1.4    Dog Management and Control

 

Attachment D is a summary of Ranger and Emergency Services staff actions relating to the management and control of dogs in the community for the term 1 April to 30 June, 2015.

 

During the term 57 dogs were impounded of which 44 dogs (77%) were reunited with their owner. A further five dogs were successfully rehomed through the community volunteer animal rescue groups Saving Animals from Euthanasia (SAFE) and K9 Rescue Group South West.

 

As of the last date in the reporting period, there were four (4) dogs in the animal care facility waiting to be claimed/rehomed.  Also during this term, four (4) unclaimed/surrendered dogs that could not be rehomed were euthanized.

 

During this term there were no prosecutions instigated for dog attacks.

 

Council Decision and Officer Recommendation

C1507/201              Moved Councillor T Best, seconded Councillor T Tuffin

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

·    15.1.1              State Heritage Nomination and Preliminary Review – Nautical Lady Tower, Busselton

·    15.1.2              Report on Local Government Road Assets and Expenditure 2013/14

·    15.1.3              Planning & Development Services Statistics

·    15.1.4              Dog Management and Control

CARRIED 8/0

En Bloc

  

 

 


Council                                                                                      35                                                                        22 July 2015

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.

 

14.2           PROPOSED CITY OF BUSSELTON JETTIES AMENDMENT  LOCAL LAW 2015

SUBJECT INDEX:

Local Laws

STRATEGIC OBJECTIVE:

An organisation that is managed effectively and achieves positive outcomes for the community.

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Corporate Services

REPORTING OFFICER:

Legal Services Coordinator - Cobus Botha

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   City of Busselton Jetties Amendment Local Law 2015  

  

 

PRÉCIS

 

Following gazettal of the City of the Busselton Jetties Local Law 2014 (Jetties Local Law) the Joint Standing Committee on Delegated Legislation (JSC) advised the City that there is potential for clause 2.16(2)(a) of the Jetties Local Law to be inconsistent with certain Commonwealth legislation. Council subsequently provided the JSC with an undertaking to amend the Jetties Local Law in order to ensure consistency with relevant legislation and resolved to authorise the preparation and advertising of the proposed City of Busselton Amendment Jetties Local Law 2015 (Amendment Local Law).

 

The purpose of this report is for Council to consider submissions received in relation to the proposed Amendment Local Law and to consider whether to make the proposed Amendment Local Law pursuant to Section 3.12 of the Local Government Act 1995 (the Act).

 

It is recommended that Council resolve to make the proposed Amendment Local Law.

 

 

BACKGROUND

 

The Jetties Local Law was gazetted on 14 May 2014 and came into operation on 28 May 2014. It applies to the Busselton Jetty and adjacent swimming jetty.

 

In terms of clause 2.16 of the Jetties Local Law a person shall not, without the written consent of the local government tether an animal to the jetties, take an animal onto the jetties or permit an animal to enter or stray upon the jetties. Clause 2.16(2)(a) however provides that above prohibition does not apply to a guide dog used for the assistance of visually impaired persons.

 

The JSC, which is a committee of state politicians from both houses of the Western Australian Parliament, has delegation from Parliament to scrutinize and recommend the disallowance of local laws to the Parliament of Western Australia. Under the above mentioned delegation, the JSC reviewed the Jetties Local Law following gazettal thereof and raised the following issue:

 

Under Commonwealth legislation [section 23 of the Disability Discrimination Act 1992 (Cth)] it is provided that it is unlawful to discriminate against a person on the grounds of their disability by refusing them access to public premises. Section 8 (1) of the Disability Discrimination Act 1992 (Cth) then confirms that this also applies if the discrimination against the person occurs because that person has a carer, an assistant, an assistance animal or a disability aid.  The reference in the Commonwealth statue to the broader term “assistance animal” (rather than “hearing or guide dog”) means that there is a potential for clause 2.16 of the Jetties Local Law to be inconsistent with the Commonwealth legislation and therefore invalid to the extent of that inconsistency.

 

At the request of the JSC, Council resolved on 27 August 2014 to provide the JSC with an undertaking to amend clause 2.16(2)(a) of the Jetties Local Law in order to ensure consistency with the Disability Discrimination Act 1992 (Cth). Further background in relation to the JSC’s concerns and subsequent undertakings provided by Council were outlined in the previous report to Council. As a consequence Council resolved at its meeting on 8 April 2015 as follows:

 

(1)  That the Council commences the law-making process for the City of Busselton Jetties Amendment Local Law 2015, the purpose and effect of the proposed Amendment Local Law being as follows:

 

Purpose:

To amend the City of Busselton Jetties Local Law 2014 to avoid potential inconsistency between the broader term “assistance animal” as referenced in the Disability Discrimination Act 1992 (Cth) and the term “guide dog” as referenced in the local law.

 

Effect:

To ensure Clause 2.16 of the City of Busselton Jetties Local Law 2014 achieve consistency with the reference in the Commonwealth statute to the broader term “assistance animals”.

 

(2)  That the Council authorises the CEO to carry out the law-making procedure under section 3.12(3) of the Local Government Act 1995, by -

 

(i)    the CEO, after the close of the public consultation period, submit a report to the Council on any submissions received on the proposed amendment local law to enable the Council to giving state-wide public notice and local public notice of the proposed amendment local law; and

 

(ii)   giving a copy of the proposed amendment local law and public notice to the Minister for Local Government and Communities.

 

(3)  Consider the submissions made and to determine whether to make the local law in accordance with section 3.12(4) of the Act.

 

Pursuant to abovementioned Council resolution Statewide and local public notice of the proposed Amendment Local Law was given and the Minister for Local Government and Communities has been provided with a copy of the public notice and proposed Amendment Local Law.

 

In following the process under section 3.12 of the Act, the proposed Amendment Local Law is now referred to Council for consideration to resolve whether or not to make the proposed Amendment Local Law.

 

STATUTORY ENVIRONMENT

 

The procedure for making an amendment local law is the same as the procedure for making a local law. The procedure for making local laws is set out in section 3.12 of the Act and Regulation 3 of the Local Government (Functions and General) Regulations 1996.

 

In terms of section 3.12(4) of the Act Council is to consider any submissions made and may make the local law as proposed or make a local law that is not significantly different from what was originally proposed. A decision to make a local law has to be supported by an absolute majority of the Council. 

If Council resolve to make the proposed Amendment Local Law then the process required under section 3.12(5) and (6) of the Act needs to be carried out.  Section 3.12(5) requires that the local law be published in the Government Gazette and a copy be provided to the Minister. Section 3.12(6) requires that after the local law has been published in the Government Gazette, the City must give local public notice stating the title of the local law, summarising the purpose and effect of the local law and advising that copies of the local law may be inspected at or obtained from the City offices.

 

In accordance with section 3.14 of the Act the local law will come into operation 14 days after publication in the Government Gazette.

 

RELEVANT PLANS AND POLICIES

 

None

 

FINANCIAL IMPLICATIONS

 

Costs associated with the advertising and gazettal of the proposed Amendment 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. Making and implementing the proposed Amendment Local Law should not have any other financial implications for the City.

 

Long-term Financial Plan Implications

 

Abovementioned expenses will not impact on the City’s Long-term Financial Plan.

 

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 Amendment Local Law does not involve any significant changes from current practices and is therefore considered low risk with no risks identified as “medium” or greater.

 

CONSULTATION

 

The proposed Amendment Local Law was advertised publicly in both local and state wide newspapers for a minimum of 6 weeks in accordance with the requirements under section 3.12(3)(a) of the Act. No public submissions were received.

 

The proposed Amendment Local Law was also given to the Minister for Local Government and Communities for consideration and comment.  The Department of Local Government and Communities, who responded on behalf of the Minister, did not require any variations or changes to the proposed Amendment Local Law.

 

OFFICER COMMENT

 

While the intention of the clause 2.16 of the Jetties Local law is clear – the prohibition to bring animals onto the Busselton Jetty and Swimming Jetty does not apply to a guide dog used for the assistance of visually impaired persons – a restrictive interpretation of the term “guide dog” could potentially cause the City’s Jetties Local Law be inconsistent with relevant Commonwealth legislation which uses the broader term “assistance animal”. The proposed amendment will ensure that such potential inconsistency between the Jetties Local Law and the relevant Commonwealth statute will be removed.

 

Council has already considered the merits of the proposed amendment of the Jetties Local Law required by the JSC and resolved to provide the JSC with an undertaking to amend the local law accordingly. The proposed amendment is also consistent with a global amendment made by the Governor to other local laws that have been identified as requiring a similar amendment.

 

Therefore it is recommended that Council resolve to amend the Jetties Local Law in accordance with the draft amendment local law attached as Attachment 1.

 

CONCLUSION

 

In order to ensure Clause 2.16 of the City’s Jetties Local Law achieve consistency with the reference in the Commonwealth statute to the broader term “assistance animals” the local law has to be amended in accordance with the proposed Amendment Local Law attached as Attachment 1 .

 

OPTIONS

 

Council may consider referring the proposed Amendment Local Law to the Policy and Legislation Committee for further consideration. However, given the undertakings given to the JSC to effect the proposed amendment and given the matter has previously been considered by Council and obtained unanimous support, it is recommended that Council resolves as per Officer Recommendations 1 & 2 below.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

If Council resolve to make the proposed Amendment Local Law, the local law will be gazetted and will come into operation 14 days after publication. The timeframe for completion of the gazettal process is approximately thirty days from the date of the Council resolution.

 

Council Decision and Officer Recommendation

C1507/202              Moved Councillor J McCallum, seconded Councillor G Bleechmore

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

That the Council:

 

1.    Resolves to make the City of Busselton Jetties Amendment Local Law 2015 in accordance with section 3.12(4) of the Local Government Act 1995.

 

2.    Authorises the Chief Executive Officer to carry out the processes required to make the City of Busselton Jetties Amendment Local Law 2015 in accordance with section 3.12(5) and section 3.12(6) of the Local Government Act 1995.

CARRIED 8/0

BY ABSOLUTE MAJORITY

  

 


 

11.1           PROPOSED MODIFICATIONS TO: THE VASSE NEWTOWN DEVELOPER CONTRIBUTION STAGING PLAN (2011) (RECOMMENDED FOR ADOPTION FOR FINAL APPROVAL) AND VASSE NEWTOWN OVERALL DEVELOPMENT GUIDE PLAN (2014) (RECOMMENDED FOR ADOPTION FOR 1. FINAL APPROVAL 2. PUBLIC CONSULTATION)

SUBJECT INDEX:

Local Planning Policies

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Strategic Planning and Development  

ACTIVITY UNIT:

Strategic Planning and Development

REPORTING OFFICER:

Manager Strategic Planning and Development - Matthew Riordan

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Extract from proposed Vasse Development Area Development Guide Plan

Attachment b    Proposed Vasse Development Area DCSP July 2015

Attachment c    Schedule of (Late) Submissions  

  

 

PRÉCIS

 

Draft modifications to the Vasse Newtown Developer Contribution Staging Plan (VNDCSP; 2011) and to the Vasse Newtown Overall Development Guide Plan (VNODGP; 2014) were adopted by the Council for the purpose of public consultation at its Meeting of 15 March 2015.

 

Public consultation was carried out over a period of 28 days, between 10 April and 8 May 2015. No formal submissions were received during that consultation period, but two late submissions - from the developer (Vasse JV) and the Vasse and District Community Centre (VDCC) committee - generally supporting the modifications, were received prior to Agenda settlement. These late submissions are pertinent and informative and have been included in this Report.

 

Several matters of related and additional interest have also occurred since the 25 March 2015 resolution of the Council in addition to the issues the specific subject of this Report; including:

 

1.    Adoption by the Council (at its Meeting of 27 May 2015) of the Vasse Townsite Detailed Area Plan for Final Approval. That resolution included –

 

‘3. [Council] Requests, with the aim of providing greater certainty to landowners, that officers initiate an amendment to the Vasse Development Guide Plan to increase the recommended maximum total shop retail floorspace to reflect the combined total floorspace as set out in the adopted Detailed Area Plans for the Vasse Village Centre and Vasse Townsite (i.e. to increase the Development Guide Plan recommended maximum from 4,650m2 to 5,800m2).

 

It is recommended in relation to the above resolution of Council, especially in the context of providing greater certainty to relevant landowners (including the Vasse JV), that a textual change to the endorsed VNODGP be adopted as a draft modification for the purpose of public consultation. This draft modification has been incorporated into the Officer Recommendation. 

 

2.    The Vasse JV has proposed the transfer to the City of a 9,246m2 portion of Pt Lot 9540. Pt Lot 9540  has an area of 1.62 hectares (7,000m2 of which is required to be ceded to the City) and is identified in the current VNODGP as being zoned for the purpose of: road reserve, aged person’s accommodation, office and community purposes, and as a ‘reserve for recreation’. Pt Lot 9540 is proposed to be included in the Vasse Community and Recreation Precinct (VCRP) as part of that consolidated and contiguous (approx. 5 hectare) ‘Reserve for Recreation’.

 

City officers have sought valuation advice in respect to the prospective transfer of the subject 9,246m2 portion of Pt Lot 9540. As this particular issue does not directly concern or affect the matters currently being considered in this Report, however, it will be resolved separately and reported back to the Council at an appropriate later stage.   

 

3.    Lot 8113, being the balance of the proposed VCRP area that will include Pt Lot 9540, is currently Unallocated Crown Land vested in the State (under s.152 of the Planning and Development Act 2005) for the purpose of ‘Reserve for Recreation and Drainage’. A formal request has been submitted to the Department of Lands (DoL; on 12 June 2015) seeking a Management Order over Lot 8113 in favour of the City; with a power to lease or licence. This matter is being expedited by the DoL and is anticipated to be in place before the proposed VCRP Stage One Works Deed has been executed (and before site works can be commenced).    

     

Officers recommend that the Council adopt for final approval the modifications proposed to the Vasse Newtown Developer Contribution Staging Plan (VNDCSP; 2011) and to the Vasse Newtown Overall Development Guide Plan (VNODGP; 2014).

 

Officers further recommend a modification to the endorsed VNODGP, to raise the recommended retail floor space maximum (in the Business and Special Purpose land use designations) from 4,650m2 to 5,800m2.

 

 

BACKGROUND

 

The Council resolved at its meeting 25 March 2015 to adopt, for the purposes of public consultation, draft updates and modifications to the Vasse Newtown Developer Contributions and Staging Plan (VNDCSP) – to be referred to subsequently as the Vasse Development Area Developer Contributions and Staging Plan (VDADCSP) - and to the Vasse Newtown Overall Development Guide Plan (VNODGP) - to be referred to subsequently as the Vasse Development Area Development Guide Plan (VDADGP).

 

The proposed modifications generally concern the following:

 

A)   Incorporating into the proposed VDADCSP relevant parcels of land already forming part of the endorsed VNODGP area but not presently included in the endorsed VNDCSP – these being a 21.5 ha parcel of land at Lot 250 Kaloorup Road, and a nexus of 14 properties on Bussell Hwy, near the junction of Napoleon Promenade and Orlando Boulevard, constituting what is known as the ‘original Vasse townsite’;

 

B)    Incorporating into the proposed VDADCSP a 13.85 ha area of land known locally as ‘Heron Lake’, which comprises Lot 9506 Heritage Drive and Lot 27 Rendezvous Road and borders the south-east corner of the endorsed VNODGP area. This land is currently subject to an independent (now finally endorsed) DGP for 63 x R12.5 residential allotments, together with a 6,700m2 Reserve for Recreation and 4 ha Reserve for Conservation. Lots 9506 and 27 are currently included in the Broadwater local precinct of the adopted ‘City of Busselton Development Contribution Area 1’ but are recommended to be transferred into the proposed VDADCSP area. Developer contributions generated by the future residential subdivision of ‘Heron Lake’ will, clearly, better serve the Vasse community of which Lots 9506 and 27 will form a logical extension and constituent part;

 

C)    Amend in small part the endorsed VNODGP to facilitate the development of a consolidated, integrated and contiguous active open space area - for local and district-level community and recreation facilities - on approx. 5 hectares of land to the west of the proposed Vasse Village Centre and to the north of the Cape Naturaliste College. This particular site is referred to in this Report as the Vasse Community and Recreation Precinct (VRCP) and will incorporate land already ceded to the Crown by the Vasse JV (being Lot 8113), together with adjoining Pt Lot 9540 (a 1.62 ha parcel of land, 7,000m2 of which is required to be ceded to the City by the developer, in accordance with the proposed VDADCSP and 9,246m2 of which will be transferred to the City by the developer at an appropriate later stage);

 

D)     Incorporate reference to the VCRP and direct, as appropriate, future local developer contributions towards its funding through the proposed VDADCSP.

 

STATUTORY ENVIRONMENT

 

Clause 7.7 of the City of Busselton Local Planning Scheme 21 (‘Scheme 21’) sets out that - where required by Scheme 21, a Structure Plan or a Development Guide Plan - a Developer Contributions and Staging Plan (DCSP) shall be prepared. It also provides further advice in relation to the preparation and adoption of a DCSP, requiring, inter alia: advertising of a DCSP for consultation purposes prior to a decision being made to formally adopt such a plan; and the endorsement of the WAPC for any DCSP that proposes a requirement for the making of contributions associated with the subdivision of land. The process associated with modifying an already endorsed DCSP is the same as that for adopting a new DCSP.

 

Clause 1.8.6 of Schedule 11 of Scheme 21 requires the preparation of a DCSP prior to the subdivision or development of land, to the satisfaction of the Council and the WAPC. This will, of course, apply for the Vasse Development Area, in order to ensure that the developer’s appropriate and timely contributions toward service infrastructure, distributor roads and community facilities are provided on an appropriately staged and progressive basis.  

 

It is noted that the City’s previous town planning scheme (Scheme 20) contained a clause ‘equivalent’ to Clause 1.8.6 (of Schedule 11), but no clause ‘equivalent’ to Clause 7.7. There was, therefore, no procedural advice or direction in relation to the adoption of a DCSP provided in the earlier Scheme, when the VNDCSP (2011) was adopted by the Council and endorsed by the WAPC.

 

Clause 7.5 of Scheme 21 sets out the process associated with adopting or modifying a Development Guide Plan (DGP), and requires advertising for public consultation before the new or modified DGP may be adopted by the City and endorsed by the WAPC. Although there is a power to reduce the advertising period for ‘minor changes’ to a DGP provided at sub-Clause 7.5.12, this was not utilised in this instance, and an advertising period of 28 days was provided.

 

RELEVANT PLANS AND POLICIES

 

Extracts from the approved VNODGP (2014) and the proposed modified, ‘replacement’ VDADGP - showing the recommended introduction of the consolidated and integrated VCRP - were provided in the original report to Council on 25 March 2015. The VDADGP (extract) now recommended for adoption for final approval is shown at Attachment A. 

 

A copy of the endorsed VNDCSP (2011), showing ‘track changes’ suggested to deliver a modified ‘replacement’ VDADCSP was also provided to Council in the original report (and advertised in that format). The VDADCSP (with all ‘track changes’ now accepted), is shown at Attachment B and is recommended for adoption for final approval.

 

Proposals in the City’s DRAFT Local Planning Strategy (2014) support the long-term expansion of the Vasse locality. This expansion would include not only the current zoned area reflected in the endorsed VNODGP, but additional urban development areas to the east and south. These expanded urban development areas could contribute to the ultimate population of the Vasse Development Area exceeding 10,000 residents. As a result of this, further strategic land areas may need to be identified to provide for future community and recreation purposes, when more detailed planning in respect to those proposed additional areas is undertaken.

 

In 2013, the Council adopted the ‘Active Open Space Recommendations’ to guide the future planning and development of active open space recreation facilities within the City. These Recommendations were published following 18 months of extensive public consultation, needs assessments, demographic analyses of individual population precincts across the City, and a review of the City’s then current version of the Leisure Services Plan.

 

FINANCIAL IMPLICATIONS

 

It is difficult to clearly separate more generic, shorter-term financial implications; as such, all discussion is provided under the heading below, which primarily relates to the City’s Long-term Financial Plan.

 

Long-term Financial Plan (LTFP) Implications

 

Earlier in 2015, the City completed investigative work developing and refining its LTFP. As part of this process, significant resources were allocated to the upgrading and maintenance of existing sporting ovals - to enhance their attractiveness and ‘usability’ - as well as identifying and planning for the anticipated future active open space needs of the City. It became increasingly clear during this exercise that such future needs would best be provided, in an efficient, sustainable and cost-effective manner, by consolidating and integrating community and recreational facilities, rather than trying to manage and maintain a series of relatively small and ‘isolated’ open space areas.

 

The cash contributions payable under the proposed VDADCSP will include a component to meet the provision of community facilities and services within the LOCAL Vasse Development Area of $1,620 per lot, and a component to meet the demand generated for the provision of DISTRICT facilities of $880 per lot, making total developer contributions required of a combined $2,500 per lot.

 

The estimated lot yield in the proposed VDADCSP area is currently expected to be 2,191 - of which (as at May 2015) approximately 825 allotments had already been created and developer contributions already paid, leaving a balance of some 1,366 lots remaining to be created (along with 170 retirement units, attracting a reduced 50% developer contribution, and 36 residential units at Dawson).

 

The TOTAL value of cash contributions expected to be collected by the City over the life of the proposed VDADCSP is anticipated to be approximately $3.05 million, of which approximately $1.97 million (or 64.8%) is expected to be raised for the provision of LOCAL facilities and $1.07 million (or 35.2%) for the provision of DISTRICT facilities.   

 

The estimated cost, in current dollars, of delivering ALL of the community and recreational facilities in the proposed VCRP area is projected to be around $7,655,000. This sum has been reflected in the proposed VDADCSP and does NOT include estimates for landscaped pedestrian linkages or annual operational costs, both of which will be determined subject to later detailed design and costings.

 

This projected total will generally be assigned to the following works:

 

·   Two (2) north-south oriented AFL ovals PLUS one ‘incorporated’ (separately line-marked and posted) full competition-sized AFL oval generally oriented on an east-west axis across the same, contiguous grassed area.  This grassed area will also ‘incorporate’ two (2) soccer/rugby pitches, to be used seasonally within the same grassed sporting areas PLUS one (1) north-south oriented, senior cricket oval, ‘incorporated’ seasonally within the same contiguous grassed area accommodating the AFL ovals, as described:                                         ($2,500,000)

 

·   Three (3) multi-purpose (basketball/netball/tennis) courts:                                            ($135,000)

 

·   Two (2) competition-standard bowling greens:                                                                      ($360,000)

 

·   Clubroom, changing rooms and multi-purpose community rooms:                              ($3,660,000)

 

·   Associated car parking for participants and spectators (# to be determined):           ($600,000)

 

·   Lighting for soccer/rugby pitches (1), multi-purpose courts and bowling greens       ($400,000)

 

$7,655,000

These works will be paid for through the provision of the LOCAL component of developer contributions funding, potential grants funding through the CSRFF and Lottery West, the City’s own resources, community contributions and operating revenue associated with the facilities themselves.

The projected cost of constructing what is envisaged to be Stage One of the proposed VRCP is presently estimated to be $1,420,000. This will be comprised of:

·    First north-south oriented AFL oval (on the most westerly end of Lot 8113, which would also be suitable for use as a soccer/rugby pitch                                                                       ($1,150,000)

 

·    Construction of the first stage of car parking:                                                                    ($220,000)

 

·    Provision of temporary ablution/toilet facilities:                                                              ($50,000)

 

$1,420,000

 

NOTE:   In the original report to Council (25 March 2015) an estimated cost for construction of first stage changing room and toilet facilities (male, female, unisex and disabled) was signaled to be $250,000 (with a TOTAL estimated works cost of $1,620,000). Since that time, the CEO has requested that these particular works be withheld from Stage One proposals while the City applies for grants funding (of a maximum allowable 33.3% of cost, or approx. $83,000) through the CSRFF in the 2015-2016 financial year. Because of this, the provision of temporary facilities only is now being proposed (at a probable cost of around $50,000), meaning the estimated total cost of works proposed at Stage One VCRP has now been reduced to $1,420,000. 

 

As at 15 May 2015, the City held $863,592 in developer contributions for the delivery of local community and active recreation facilities within the Vasse Development Area. This sum consists of contributions generated through subdivision that has already occurred, together with the interest accrued in respect of those contributions.

It is recommended in the proposed VDADCSP that up to $150,000 (of which $20,000 has already been allocated to the VDCC to undertake initial ground improvement works, following the execution of an MOU between the City and that incorporated body) of these available funds be retained and set aside for the (as yet to be finally determined) upgrading of Newtown Oval.

 

Given this, a balance of funding through developer contributions for Stage One works proposed at the VCRP (of $713,592) is currently available. Given that the estimated total cost of Stage One VCRP works is $1,420,000 additional funding in the order of $706,408 will be required.

 

It is expected that this estimated ‘shortfall’ of $706,408 will be capable of being met from the following funding sources:

 

·    Pre-funded developer contributions by the Vasse JV:                       $600,000

 

Note: this pre-funding is being formally secured through the prospective legal agreement (Deed) for Stage One works currently being drafted by the City in consultation with the Vasse JV. 

 

·    City ‘Parks and Reserve Development’ budget:                                   $110,000

 

In addition, future developer contributions within the Vasse Development Area will eventually be coming on stream, dependent upon the pace and timing of the creation and sale of new lots.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendations of this report reflect Strategic Community Objective 2.1 of the City’s Strategic Community Plan 2013, which is:

 

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

 

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 where the residual risk, once controls are identified, is ‘medium’ or greater. The most significant risks of implementing the Officer Recommendation in this instance are considered to be reputational, and related to:

·    Not meeting the expectations of some members of the Vasse community that Newtown Oval will be upgraded to a determined standard within the next 6-12 months;

·    Not being able to assemble the necessary funding and resources to carry out proposed development works in Stage One of the VRCP in the 2015/16 financial year; and

·    Not being able to meet community expectations to deliver later stages of the VCRP in a timely fashion.

 

CONSULTATION

 

The draft modifications to the VNDCSP and VNODGP adopted by resolution of the Council on 25 March 2015 were advertised for public consultation to relevant government departments, key stakeholders and the general public, for 28 days, between 10 April and 8 May 2015.

 

No formal submissions were received during that time, although late submissions were received on behalf of the Vasse JV and the VDCC before Agenda settlement. These late submissions were pertinent and informative, and expressed general support for the draft modifications to the VNODCSP and VNDGP and, in particular, the proposed Vasse Community and Recreation Precinct.

 

A Schedule containing these late submissions (which have been noted and supported) is included at Attachment C.   

 

Additional consultation was also undertaken during this period with key stakeholders including:

 

·    The VDCC in relation to proposed improvement works and responsibilities for Newtown Oval; and

 

·    The Vasse JV (in particular, representatives from the Perron Group and Hanson Property) in relation to proposed Stage One works at the VCRP and the project implementation, management and funding responsibilities between the Vasse JV and the City. In respect to this, ‘guiding principles’ were developed between the parties to inform a legal agreement (Deed) supporting the design and development of Stage One works by the City. It is hoped to have this Deed finalised and executed by the time statutory approvals for the matters recommended here are endorsed by the WAPC (anticipated by late August/early September 2015, under delegated authority).

 

Public consultation was also conducted in respect to forming a ‘Vasse Recreational Facilities Working Group’ (VRFWG). This Working Group (and its associated Terms of Reference) was slightly expanded to that authorized to be coordinated and convened by the CEO by resolution of the Council at its meeting of 25 March 2015 (which referred to matters solely concerning the Newtown Oval, whereas the intention was for a broader focus, reflecting the new title of the group).

 

This VRFWG will be likely to comprise fifteen (15) members and be charged with assisting and advising the City in respect to the allocation, timely provision and/or development of active sporting and recreation facilities within the Vasse Development Area, including the Newtown Oval, but with a particular focus on the proposed VCRP. It is expected that final selection of the VRFWG members will be endorsed by the CEO in late July and that an inaugural meeting will be able to be convened sometime in mid-late August 2015.

 

An important additional role of the Working Group will be to offer constructive suggestions and advice to the City, based on first-hand local knowledge and experience, and to provide a representative forum in which to discuss relevant matters raised by the City, including (but not limited to):

 

·    Local community (and district) needs for specific types of sporting and recreational facilities at Vasse;

·    Local community (and district) needs for specific types of infrastructure and other capital works associated with the provision of sporting and recreational facilities at Vasse;

·    The improvement, upkeep and maintenance of sports and recreation facilities at Vasse;

·    The identification of potential funding or grants opportunities to assist the City with aspects of financing the development and maintenance of community sports and recreation facilities at Vasse;

·    The potential future formation of an ‘incorporated body’ - to assume certain responsibilities on behalf of those sporting and recreation groups, clubs and associations involved - for facilities management, fund-raising activities and the like within the established VCRP.

 

OFFICER COMMENT

 

It is recommended that the subject modifications proposed to the Vasse Newtown Developer Contributions and Staging Plan (2011) be adopted for final approval, and that plan being referred to thereafter as the ‘Vasse Development Area Developer Contribution and Staging Plan.’

 

It is also recommended that the subject modifications proposed to the Vasse Newtown Overall Development Guide Plan (2014) be adopted for final approval, and that plan being referred to thereafter as the ‘Vasse Development Area Development Guide Plan.’

 

Several matters of related and additional interest have occurred since the 25 March 2015 resolution of the Council in respect to the issues the specific subject of this Report, including:

 

1.    Adoption by the Council (at its Meeting of 27 May 2015) of the Vasse Townsite Detailed Area Plan for Final Approval. That resolution included –

 

‘3. [Council] Requests, with the aim of providing greater certainty to landowners, that officers initiate an amendment to the Vasse Development Guide Plan to increase the recommended maximum total shop retail floorspace to reflect the combined total floorspace as set out in the adopted Detailed Area Plans for the Vasse Village Centre and Vasse Townsite (i.e. to increase the Development Guide Plan recommended maximum from 4,650m2 to 5,800m2).

 

It is recommended in relation to the above resolution of Council, especially in the context of providing greater certainty to relevant landowners (including the Vasse JV), that a textual change to the endorsed VNODGP be adopted as a draft modification for the purpose of public consultation. This draft modification has been incorporated into the Officer Recommendation. 

 

2.    The Vasse JV has proposed the transfer to the City of a 9,246m2 portion of Pt Lot 9540. Pt Lot 9540  has an area of 1.62 hectares (7,000m2 of which is required to be ceded to the City) and is identified in the current VNODGP as being zoned for the purpose of: road reserve, aged person’s accommodation, office and community purposes, and as a ‘reserve for recreation’. Pt Lot 9540 is proposed to be included in the VCRP as part of that consolidated and contiguous (approx. 5 hectare) ‘Reserve for Recreation’.

 

City officers have sought valuation advice in respect to the prospective transfer of the subject 9,246m2 portion of Pt Lot 9540. As this particular issue does not directly concern or affect the matters being currently considered in this Report, however, it will be resolved separately and reported back to the Council at an appropriate later stage.   

 

3.    Lot 8113, being the balance of the proposed VCRP area that will include Pt Lot 9540, is currently Unallocated Crown Land vested in the State (under s.152 of the Planning and Development Act 2005) for the purpose of ‘Reserve for Recreation and Drainage’. A formal request has been submitted to the Department of Lands (DoL; on 12 June 2015) seeking a Management Order over Lot 8113 in favour of the City, with a power to lease or licence. This matter is being expedited by the DoL and is anticipated to be in place before the proposed VCRP Stage One Works Deed has been executed (and before site works can be commenced).    

 

CONCLUSION

 

The changes to the endorsed Vasse Newtown Developer Contributions and Staging Plan (VNDCSP) and the endorsed Vasse Newtown Overall Development Guide Plan (VNODGP), recommended herein to be adopted for final approval by the Council, will provide for:

 

1)    The timely, efficient and sustainable development of highly cost-effective and contiguous community and recreation facilities at the proposed Vasse Community and Recreation Precinct (VCRP), for the maximum benefit of the community within the Vasse Development Area;

 

2)    The retention of an allocation of up to $150,000 from developer contribution funding for the upgrading of Newtown Oval to an appropriate standard to provide a safe, healthy, sustainable and attractive active recreation area. The balance of current and all future developer contributions funding, however, will be channelled towards the provision of quality, highly adaptable (because consolidated and integrated) community and active recreation facilities and resources at the VCRP; with Stage One works being potentially completed in the 2015-2016 financial year.

Also, as a separate but related matter, it is recommended that the proposed modification of the VNODGP mooted in the resolution of the Council on 27 May 2015 be initiated in a timely fashion by way of the current Officer Recommendation.

 

This draft modification proposes raising the recommended maximum retail floorspace capacity within the Business and Special Purposes land use designations from 4,650m2 to 5,800m2 (this generally being 4,650m2 for the Vasse Village Centre development area and 1,150m2 for the Vasse Townsite development area). Adoption by Council of this draft modification, for advertising purposes, will enable a timely and effective means of providing greater certainty to relevant landowners in the Vasse Development Area.     

 

OPTIONS

 

Options for the Council to consider in respect to the specific matters raised in this Report are inter-related, viz:

 

1)    Leave the current VNDCSP as it is and proceed with the substantial upgrading and improvement of facilities provision at the Newtown Oval, as originally proposed in that DCSP;

 

2)    As a result of 1), any development of the proposed VCRP would be likely to be delayed for a minimum of 2-3 years, by which time the ongoing costs to the City would be significantly greater (possibly by more than $600,000 over the course of 10 years) due to annual management and maintenance costs associated with the Newtown Oval, together with rising interest rates et al;

 

3)    As a result of 2), it would be highly improbable to see anything developed ‘on the ground’ in the VCRP in the 2015-2016 financial year – with no allocation of subsequent developer contributions coming in before this and other community and recreation facilities investment decisions can be determined. All momentum and progress in respect to the recommended consolidated and integrated community and recreational facilities within the VCRP would, necessarily, have to be deferred.

 

Should the Council not wish, at this time, to support the initiation of an amendment to the VNODGP to raise the recommended retail floorspace cap from 4,650m2 to 5,800m2 - requested by the Council as part of its resolution on matters concerning the Vasse Townsite DAP on 27 May 2015 - then a separate Report to the Council would need to be prepared at a later date. This would be considered unnecessary and delay the timely consideration and progress of a DGP amendment process that is essentially straight forward in nature, will provide ‘comfort’ and certainty to relevant landowners (including the Vasse JV) and which has already been reported on and supported by City Officers.           

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should the Officer Recommendation be endorsed by the Council in respect to Recommendation 1(a) and 1(b), the VDADGP and VDADCSP adopted for final approval would be referred promptly to the WAPC for its statutory endorsement. It is anticipated that such approval by the WAPC (under delegated authority) could be forthcoming by the end of August/beginning of September 2015, facilitating (in conjunction with the executed Deed between the City and the Vasse JV) a commencement of Stage One works at the VCRP shortly thereafter.

 

Should the Officer Recommendation be endorsed by the Council in respect to Recommendation 1(c), the draft modifications proposed to the Planning Policy Statements on the currently endorsed VNODGP shall be advertised for public consultation, in accordance with cl. 7.5.12 of the Scheme, for a period of 28 days (or lesser period to be determined in consultation with the WAPC).

 

Should the Officer Recommendation be endorsed by the Council in respect to Recommendation 2., it is planned to coordinate and convene an inaugural meeting of the VRFWG in mid-late August 2015. 

 

OFFICER RECOMMENDATION

 

That the Council -

 

1.            Pursuant to Part 7 of the City of Busselton Local Planning Scheme 21:

 

a.      Adopts for Final Approval proposed changes to the endorsed Vasse Newtown Overall Development Guide Plan (to be subsequently referred to as the Vasse Development Area Development Guide Plan) and the endorsed Vasse Newtown Developer Contributions and Staging Plan (to be subsequently referred to as the Vasse Development Area Developer Contribution and Staging Plan) as depicted in Attachments A and B;

 

b.      Refers the Adopted Vasse Development Area Development Guide Plan and Vasse Development Area Developer Contribution Staging Plan for the endorsement of the Western Australian Planning Commission;

 

c.      Adopts, as a draft modification for the purpose of public consultation, a proposed                    minor amendment to the Planning Policy Statements on the endorsed Vasse     Newtown Overall Development Guide Plan, viz:

 

                                ‘3. The allowable retail floor space within the Business and Special Purpose land use                                   designations shall be limited to 4650m2 NLA of retail uses. Total retail floor space                     within the Special Purpose land use designation shall not exceed the total floor space                             allocated to non-retail uses so that retail becomes an ancillary and not the                                         predominant land us within the designated Special Purpose areas’

 

                                being amended to read:

 

                                ‘3. The recommended maximum retail floor space allowable within the Business and                                  Special Purpose land use designations shall generally be limited to 5,800m2 (NLA).                    This recommended ‘cap’ shall generally be distributed between the Vasse Village                         Centre development area (4,650m2) and the Vasse Townsite development area                                      1,150m2). 

 

2.            Endorses the formation of an expanded working group to that authorized to be coordinated and convened by the CEO or his delegate through its resolution of 25 March 2015. This working group will be known as the Vasse Recreational Facilities Working Group and be charged with assisting and advising the City in respect to the allocation, timely provision and/or development of active sporting and recreation facilities within the Vasse Development Area, including the Newtown Oval, with a particular focus on the proposed Vasse Community and Recreational Precinct.

 

Note: Officers put forward an Alternative Recommendation for Council to consider the Officer Recommendation with the replacement of recommendation 1c by including the word ‘shop’ to clarify and properly reflect the appropriate land use definition in the scheme.

 

 

 

 

Council Decision and Revised Officer Recommendation

C1507/203              Moved Councillor J McCallum, seconded Councillor C Tarbotton

 

That the Council -

 

1.            Pursuant to Part 7 of the City of Busselton Local Planning Scheme 21:

 

a.      Adopts for Final Approval proposed changes to the endorsed Vasse Newtown Overall Development Guide Plan (to be subsequently referred to as the Vasse Development Area Development Guide Plan) and the endorsed Vasse Newtown Developer Contributions and Staging Plan (to be subsequently referred to as the Vasse Development Area Developer Contribution and Staging Plan) as depicted in Attachments A and B;

 

b.      Refers the Adopted Vasse Development Area Development Guide Plan and Vasse Development Area Developer Contribution Staging Plan for the endorsement of the Western Australian Planning Commission;

 

                c.             Adopts, as a draft modification for the purpose of public consultation, a proposed                             minor amendment to the Planning Policy Statements on the endorsed Vasse                                       Newtown Overall Development Guide Plan, viz:

                               

                                ‘3. The allowable retail floor space within the Business and Special Purpose land use                          designations shall be limited to 4650m2 NLA of retail uses. Total retail floor space                              within the Special Purpose land use designation shall not exceed the total floor space                             allocated to non-retail uses so that retail becomes an ancillary and not the                                    predominant land us within the designated Special Purpose areas’

                               

                                being amended to read:

 

                                ‘3. The recommended maximum Shop retail floor space allowable within the Business                       and Special Purpose land use designations shall generally be limited to 5,800m2                                  (NLA). This recommended ‘cap’ shall generally be distributed between the Vasse                                        Village Centre development area (4,650m2) and the Vasse Townsite development                      area 1,150m2).

 

2.            Endorses the formation of an expanded working group to that authorized to be coordinated and convened by the CEO or his delegate through its resolution of 25 March 2015. This working group will be known as the Vasse Recreational Facilities Working Group and be charged with assisting and advising the City in respect to the allocation, timely provision and/or development of active sporting and recreation facilities within the Vasse Development Area, including the Newtown Oval, with a particular focus on the proposed Vasse Community and Recreational Precinct.

CARRIED 8/0

 


Council                                                                                      51                                                                        22 July 2015

16.             Motions of which Previous Notice has been Given

Nil  

17.             Confidential Reports  

Nil

18.             Public Question Time

Nil

19.             Next Meeting Date

Wednesday, 12 August 2015

20.             Closure

The meeting closed at 5.35pm.

 

 

 

 

 

 

 

THESE MINUTES CONSISTING OF PAGES 1 TO 50 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON Wednesday, 12 August 2015.

 

 

DATE:_________________              PRESIDING MEMBER:             _________________________