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Council  Agenda

 

 

 

23 September 2015

 

 

 

 

 

ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

 

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 23 September 2015

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Council  will be held in the the Council Chambers, Administration Building, Southern Drive, Busselton on Wednesday, 23 September 2015, commencing at 5.30pm .

 

Your attendance is respectfully requested.

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

11 September 2015


CITY OF BUSSELTON

Agenda FOR THE Council  MEETING TO BE HELD ON 23 September 2015

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening and Announcement of Visitors. 5

2....... Attendance. 5

Apologies. 5

Approved Leave of Absence. 5

3....... Prayer. 5

4....... Public Question Time. 5

Response to Previous Questions Taken on Notice. 5

Public Question Time. 5

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

Announcements by the Presiding Member. 5

Announcements by other Members at the invitation of the Presiding Member. 5

6....... Application for Leave of Absence. 5

7....... Petitions and Presentations. 5

8....... Disclosure Of Interests. 5

9....... Confirmation and Receipt Of Minutes. 5

Previous Council Meetings. 5

9.1          Minutes of the Council  held on 9 September 2015. 5

Committee Meetings. 5

9.2          Minutes of the meeting of the Capes Region Organisation of Councils (CapeROC) held on 21 August 2015. 5

9.3          Minutes of the meeting of the Meelup Regional Park Management Committee held 8 September 2015. 6

9.4          Minutes of the meeting of the Finance Committee held 3 September 2015. 6

10..... Reports of Committee. 8

10.1        Finance Committee - 3/12/2015 - FINANCIAL ACTIVITY STATEMENTS – PERIOD ENDING 31 JULY 2015. 8

10.2        Finance Committee - 3/09/2015 - LIST OF PAYMENTS MADE – JULY 2015. 24

10.3        Finance Committee - 3/09/2015 - GEOGRAPHE LEISURE CENTRE GRANT FUNDING FOR STADIUM CHANGEROOMS. 49

11..... Planning and Development Services Report. 55

11.1        PROPOSED LAND SWAP BETWEEN CITY AND DEPARTMENT OF FIRE & EMERGENCY SERVICES TO FACILITATE DEVELOPMENT OF 'CAREER FIRE STATION' FOR THE CAPES REGION.. 55

11.2        AMENDMENT NO.6 - LOT 3 (500) BUSSELL HIGHWAY, BROADWATER. 67

11.3        PLANNING AND DEVELOPMENT ACT 2005 DELEGATIONS. 77

12..... Engineering and Works Services Report. 87

Nil

13..... Community and Commercial Services Report. 88

13.1        COMMUNITY SPORT & RECREATION FACILITIES FUND - ANNUAL AND FORWARD GRANT ROUND APPLICATIONS - 2016/17- 2018/19 TRIENNIUM... 88

14..... Finance and Corporate Services Report. 277

14.1        BUSSELTON VOLUNTEER MARINE RESCUE GROUP REQUEST TO EXTEND LEASE AREA.. 277

15..... Chief Executive Officer's Report. 282

15.1        COUNCILLORS' INFORMATION BULLETIN.. 282

16..... Motions of which Previous Notice has been Given.. 304

16.1        ESTABLISHMENT OF AN INCORPORATED NOT-FOR-PROFIT COMMUNITY GROUP RELATING TO MEELUP REGIONAL PARK AND EVENTUAL DISSOLUTION OF MEELUP REGIONAL PARK MANAGEMENT COMMITTEE. 304

17..... Confidential Reports. 306

Nil

18..... Questions from Members. 306

19..... Public Question Time. 306

20..... Next Meeting Date. 306

21..... Closure. 306

 


Council                                                                                      5                                                           23 September 2015

 

1.               Declaration of Opening and Announcement of Visitors

2.               Attendance 

Apologies

 

Nil

Approved Leave of Absence

 

Nil

3.               Prayer

4.               Public Question Time

Response to Previous Questions Taken on Notice 

Public Question Time

5.               Announcements Without Discussion

Announcements by the Presiding Member 

Announcements by other Members at the invitation of the Presiding Member

6.               Application for Leave of Absence

7.               Petitions and Presentations 

8.               Disclosure Of Interests

9.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

9.1             Minutes of the Council  held on 9 September 2015

Recommendation

That the Minutes of the Council  Meeting held 9 September 2015 be confirmed as a true and correct record.

 

Committee Meetings

9.2             Minutes of the meeting of the Capes Region Organisation of Councils (CapeROC) held on 21 August 2015

RECOMMENDATION

 

1)    That the minutes of the Capes Region Organisation of Councils (CapeROC) held on 21 August 2015 be received. 

 

2)    That the Council notes the outcomes of the Capes Regional Organisation of Councils (CapeROC) meeting held on 21 August being:

 

a)     In addition to the commitment of $17,500 towards the Regional Calendar of Events, CapeROC identified two projects for inclusion in the 2015/16 CapeROC budget being $30,000 towards regional land fill investigations and $20,000 towards Tourism Directional Signage.

 

b)     CapeROC endorsed the advanced warning and directional signage concepts, subject to approval of both Local Governments and Main Roads WA.

 

c)      CapeROC was provided an update on the Capes Region Higher Education Strategy.

 

d)     CapeROC was provided with an update on the Regional Waste Facility.

 

e)     CapeROC was provided with an update on the Busselton Regional Airport following the State Government’s funding announcement.

 

9.3             Minutes of the meeting of the Meelup Regional Park Management Committee held 8 September 2015

RECOMMENDATION

 

1)    That the minutes of a meeting of the Meelup Regional Mark Management Committee held on 8 September 2015 be received.

 

2)    That the Council notes the outcomes of the Meelup Regional Park Management Committee meeting held 8 September 2015 being:

 

a)    The Committee received the Meelup Regional Park activities report.

 

b)    The Committee supported the Meelup Regional Park visitor survey however requested that Question 6 (in Attachment A of the report) be amended to show the order of satisfaction in reverse and the addition of a comment section.

 

9.4             Minutes of the meeting of the Finance Committee held 3 September 2015

RECOMMENDATION

 

1)    That the minutes of a meeting of the Finance Committee held 3 September 2015 be received.

 

2)    That the Council notes the outcomes of the Finance Committee meeting held 3 September 2015 being:

 

a)    The Committee noted the Information Bulletin – July 2015.

 

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

 

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

 

d)    The Geographe Leisure Centre Grant Funding for Stadium Changerooms  is presented for Council consideration at Item 10.3 of this agenda.


Council                                                                                      7                                                           23 September 2015

10.             Reports of Committee

10.1           Finance Committee - 3/12/2015 - FINANCIAL ACTIVITY STATEMENTS – PERIOD ENDING 31 JULY 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:

Financial Services

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 July 2015  

 

This item was considered by the Finance Committee at its meeting on 3 December 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 July 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 23 July 2015, the Council adopted (C1507/208) the following material variance reporting threshold for the 2015/16 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 2015/16 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

 

NA.

 

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

 

NA.

 

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: 

o    Land and Buildings

o    Plant and Equipment

o    Furniture and Equipment

o    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. 

 

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 JULY 2015

 

Historically, significant variances are evident in most revenue and expenditure categories during the early part of each financial year. With this in mind, this initial monthly report will not make any specific commentary on individual variances, which are predominantly due to timing differences. However, the report does list, for information purposes, those activities where the 10% reporting threshold has been exceeded (irrespective of timing matters).    

 

Operating Activity

 

§   Operating Revenue

 

As at 31 July 2015, there is a variance of -84% (-$6,584K) in total operating revenue, with the following categories exceeding the 10% material variance threshold:  

 

Description

Variance

%

Variance

$000’s

Rates

-61%

Nominal

Operating Grants, Subsidies and Contributions

+94%

+$58

Fees and Charges

-91%

-$6,182

Other Revenue

-13%

-$4

Non-Operating Grants, Subsidies and Contributions

-55%

-$446

 

§   Operating Expenditure

 

As at 31 July 2015, there is a variance of -12% (-$606K) in total operating expenditure, with the following categories exceeding the 10% material variance threshold:  

 

Description

Variance

%

Variance

$000’s

Materials and Contracts

-52%

-$621

Utilities

-20%

-$39

Insurance Expenses

-14%

-$63

Other Expenditure

-79%

-$191

Allocations

-85%

-$242

 

Capital Activity

 

§   Capital Revenue

 

As at 31 July 2015, there is a variance of +4% (+$41K) in total capital revenue, with the following categories exceeding the 10% material variance threshold:  

 

Description

Variance

%

Variance

$000’s

Nil

 

 

 

§   Capital Expenditure

 

As at 31 July 2015, there is a variance of -17% (-$511K) in total capital expenditure, with the following categories exceeding the 10% material variance threshold: 

 

Description

Variance

%

Variance

$000’s

Land and Buildings

-92%

-$484

Plant and Equipment

-100%

Nominal

Furniture and Equipment

-87%

-$44

Infrastructure

-17%

-$275

Transfers to Restricted Assets

+191%

+$288

 

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 Equipment

§   Infrastructure

 

BUDGET VARIATIONS AND OTHER ‘KNOWNS’

 

Nil.

 

CONCLUSION

 

Significant variances are not unusual in the very early part of each financial year, with this primarily due to budget timing differences , coupled with an increased tendency for higher variances to occur based on ‘lesser’ year to date budget allocations. In reviewing the financial performance to the end of July, the major variances are all primarily attributable to such timing differences.       

 

OPTIONS

 

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

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

NA.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

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

 

 


Council

11

23 September 2015

10.1

Attachment a

Financial Activity Statements - Period Ending 31 July 2015

 


 


 


 


 


 


 


 


 


 


 


 


Council                                                                                      23                                                         23 September 2015

10.2           Finance Committee - 3/09/2015 - LIST OF PAYMENTS MADE – JULY 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 - July 2015  

 

This item was considered by the Finance Committee at its meeting on 3 September 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 July 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.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council notes the payment of voucher numbers M111621 - M111782, EF041216 – EF041722, T007156 - T007156, and DD002512 - DD002533, together  totalling $11,612,496.25.

 


Council

27

23 September 2015

10.2

Attachment a

List of Payments Made - July 2015

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council                                                                                      49                                                         23 September 2015

10.3           Finance Committee - 3/09/2015 - GEOGRAPHE LEISURE CENTRE GRANT FUNDING FOR STADIUM CHANGEROOMS

SUBJECT INDEX:

Geographe Leisure Centre

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Geographe Leisure Centre

REPORTING OFFICER:

Manager, Community Services - Maxine Palmer

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Nil

 

This item was considered by the Finance Committee at its meeting on 3 September 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The purpose of this report is to seek approval for a number of amendments to the 2015/16 Geographe Leisure Centre (GLC) budget.

 

The first is to include an additional $33,683 (ex GST) received in grant funding. The funding was applied for under the Department for Sport and Recreation’s (DSR), Community Sporting and Recreation Facilities Fund (CSRFF)   to upgrade the stadium change rooms and universal access toilet (UAT).

 

Acceptance of the DSR funding enables, if supported, a sum of $15,000 to be transferred to a new capital line item to add a set of entry doors to the main entrance way. This will create a wind lock to improve the efficiency of the air handling system and environment and add space to the GLC reception area.

 

Following receipt of quotations to the detailed specification, there is a shortfall in the $20,000 budget allocated to complete the air handling in the group fitness and new cycle room, which were added as part of last year’s expansion project. $5,398 is proposed to be transferred to air handling budget from the GLC change room refurbishment budget.

 

In addition, $6,000 is proposed to be moved from the GLC non-capital furniture and capital equipment budget in order to market, through a real estate agent, the vacant allied health suites which are worth approximately $44,840 in lease revenue per annum.

 

A sum of $30,000 for this year’s DSR pool revitalisation grant has been budgeted against C3123 – GLC landscaping, however this year it is intended to apply for aquatic infrastructure improvements and therefore this budget needs to be amended to a new capital building budget.

 

 

BACKGROUND

 

DSR administers the CSRFF program, with the purpose of providing State Government financial assistance to Local Government Authorities and local community groups (up to one third of the total capital cost), to develop well-planned facilities for sport and recreation. Small Grant Applications must be submitted to DSR from Local Government Authorities by the end of March and August each year.

 

At the 25 March 2015 meeting, the Council endorsed the submission of a small grant application to upgrade the GLC stadium change rooms and UAT at the GLC:

 

(C1503/064)  Moved Councillor G Bleechmore, seconded Councillor J McCallum

 

That the Council as part of the 2015/16 CSRFF Small Grants Program supports in principle the

Refurbishment of the GLC dry change rooms by the City of Busselton as proposed in their application,

rating it as ‘A’ and number one priority for consideration.

 

Upgrades to the GLC undertaken in 2014/15 consisted of wet (aquatic) change room refurbishments,

additions of a leased café and allied health suites, a dedicated cycle room, and gym and crèche

expansions.  Revenues of $60,440 per annum were forecast in the Council adopted GLC Business Plan from the lease of the four new health suites. Only one suite has been leased to date.

 

STATUTORY ENVIRONMENT

 

Section 6.8 of the Local Government Act 1995 refers to expenditure from the municipal fund that is not included in the annual budget. In the context of this report, where no budget allocation exists, expenditure is not to be incurred until such time as it is authorized in advance, by an absolute majority decision of the Council.

 

RELEVANT PLANS AND POLICIES

 

Improvements to the GLC’s change room facilities and revenues from the lease of the health suites are identified in the Council adopted GLC Business Plan 2014/15-2018/19.

 

FINANCIAL IMPLICATIONS

 

The following budget amendments would be required to receive the grant funding, add new entry doors, increase the air handling project budget and contract a real estate agent to market the remaining health suite leases to secure a lessee. Note this results in a net neutral outcome to Council and no implications for the Long term Financial Plan.

 

Description

 Account String

2015/16 Adopted Budget  $

 2015/16 Amended Budget (PROPOSED)  $

Variance $

GLC Operating Grants – Dept of Sport & Rec.

336-10591-1233-0000

$0

-$33,683

-$33,683

B9514 - GLC Change room Refurbishment

522-B9514-3280-0000

100,00

$114,334

$14,334

Reduce Building Reserve Transfer from Reserves

Equity Transfer

-$100,000

-$80,651

$19,349

GLC extensions  - new entry doors

522-BXXXX-3280-0000

$0

$15,000

$15,000

Building Reserve Transfer from Reserves

Equity Transfer

$0

-$15,000

-$15,000

GLC extensions – group fitness air handling

522-B9554-3280-0000

$20,000

$25,398

$5,398

Building Reserve Transfer from Reserves

Equity Transfer

$0

-$5,398

-$5,398

Furniture & Off Equipment Purchase - Non Capital

336-10591-3301-0000

$20,000

$14,000

-$6,000

Marketing & Promotions

336-10591-3623-0000

$20,000

$26,000

$6,000

Capital Grant-Dept of Sport and Rec

336-C3123–1213-0000

$30,000

$0

-$30,000

Plant & Equipment  - Non Cap Assets

336-C3123-3300-0000

$0

$30,000

$30,000

Capital Grant-Dept of Sport and Rec

336-BXXXX-1213-0000

$30,000

$0

-$30,000

GLC building

336-BXXXX-3280-0000

$0

$30,000

$30,000

Net Variance

 

 

 

$0

 

*note: new cost codes are created where indicated with XXXX to distinguish the capital project budgets.

 

Long Term Financial Plan Implications

 

Nil.

 

Long-term Financial Plan Implications

 

 

STRATEGIC COMMUNITY OBJECTIVES

 

This proposal aligns to the City’s Strategic Community Plan of 2013:

 

Key Goal Area 2:               Well planned, Vibrant and Active Places

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

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

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the officer recommendations has been undertaken using the City’s risk assessment framework. The assessment identifies ‘downside’ risks only, rather than ‘upside’ risks as well. There were no risks identified rated as medium or greater.

 

CONSULTATION

 

Consultation has taken place between Officers of the City and staff from the South West Office of DSR in regards to the funding submission. Letters of support for the grant application were provided by the Busselton Netball Association and Basketball Association who have been informed of the City’s successful award of the funding.

 

Several real estate businesses were asked to provide proposals and costs to market the allied health suite to secure lessees.

 

 

 

OFFICER COMMENT

 

Upgrades to the GLC undertaken in 2014/15 consisted of wet (aquatic) change room refurbishments,

additions of a leased café and allied health suites, a dedicated cycle room, and gym and crèche

expansions. One section of the facility that was not included in this major upgrade was the

refurbishment of the dry (stadium users) change rooms.

 

$100,000 was included in the 2015/16 adopted budget  to refurbish male, female and universal access change rooms and ablutions that are used by stadium user groups. These user groups include Basketball, Netball, Indoor Hockey, Vacation Care, Volleyball, Badminton, School Groups, Junior All Sports Program and Fun Net (junior netball) program. This project will bring the stadium change room facilities up to the same standard as the refurbished wet (aquatic ) change rooms, including the replacement of wall to ceiling tiles and vinyl flooring, and the upgrade of ceiling panels and lighting, toilet and shower cubicles, and vanity benches.

 

Although $100,000 was budgeted, refined costs estimated the total project cost to be $101,049. This amount was detailed in the funding application. The receipt of a third funding ($33,683) provides an opportunity to add some extra contingency to the project of $13,285. It is proposed to add this contingency  and the under estimated $1,049 to the GLC Change room budget to give a total project budget of $114,334.

 

$15,000 is proposed to be transferred from the change room budget to a new capital budget to add an extra set of entry doors to the GLC. This will create an airlock and resolve the issue of cold air during winter and hot air during summer blowing into the reception area and affecting the efficiency of the air handling system and exposing staff and customers to temperature extremes. The new entry will also add space and an additional seating/waiting area for customers, helping congestion issues and providing additional space for customers using the café or waiting for services in the health suites.

 

Further to the development of a detailed specification, the quotations to complete the air handling in the group fitness room and new cycle room have come in higher than estimated. An extra $5,398 is required. It is proposed that this sum be transferred from the GLC stadium change room refurbishment budget which has been afforded by the DSR grant. Air handling in the cycle room will avoid the temperature extremes currently being experienced, reduce the cost of air conditioning the group fitness room by decommissioning the independent unit and connecting the room to the Geothermal system and complete the switch to air handling for the whole centre to the Geothermal system.

 

Attempts by Officers to market and sell the new allied health suites at a local level have resulted in one lease arrangement established to date and another proposal which is currently being evaluated. Newspaper advertising over a three month period attracted three enquiries. A direct mail out to all health professionals in Busselton, Dunsborough, Margaret River and Bunbury attracted one enquiry. Personal calling attracted a podiatrist who hired a room one day a week for a short while. Social media advertising commenced in July and has so far attracted two enquiries. To date approximately  $4,000 has been spent marketing the suites, excluding staff time.

 

Officers believe a more effective method to attract and secure lease arrangements would be to employ the professional services of a real estate agent who can access the potential market around Perth of health professionals looking for a lifestyle change to the South West.  The health suites are forecast to achieve $60,440 in revenue per annum and forms part of the revenue budget increase of $170,000 from the previous financial year. Every week they remain vacant jeopardises the ability to achieve the GLC budget.

 

Based on 8% commission, the real estate fee is approximately $1,200 for each of the remaining three suites. Four weeks of internet and newspaper advertising locally and in the West Australian would cost the remaining $2,400. A $6,000 one off investment is considered a reasonable return for $44,840 in revenue per annum.

 

$9,000 has been included in the 2015/16 adopted budget for the fit out of the new offices, however a more cost effective solution was found by building desks and recycling office equipment instead of purchasing new equipment. This enables $6,000 to be allocated from the non-capital office and furniture equipment budget to fund the real estate services, should Council support this proposal.

 

A sum of $30,000 for this year’s DSR pool revitalisation grant has been budgeted against C3123 – GLC landscaping, however since the budget was compiled, plans have changed and it is now intended to apply for aquatic infrastructure (building) improvements and not further landscaping, therefore this budget needs to be amended to a new capital building budget.

 

CONCLUSION

 

Officer’s recommend the 2015/16 budget is amended to enable the two amounts of DSR grant funding to be received and allocated to the appropriate budgets and the amounts detailed from the unbudgeted funding transferred to add new entry doors, complete the switch to Geothermal air handling for the whole centre and allow for a real estate agent contracted to sell the remaining three health suite leases at the GLC.

 

OPTIONS

 

Option 1 - Council may determine not to support the Officer’s recommendation to amend the budget and accept the funds awarded for the change room upgrades, in which case DSR would need to be informed of this decision and the reasons for it. This could affect the City’s success in future funding opportunities.

 

Option 2 – Council may choose not to support new entry doors or complete the switch to Geothermal air handling this year, in which case the unbudgeted grant funding would achieve an annual budget saving of $33,683.

 

Option 3 - Council may choose not to transfer $6,000 from the GLC non-capital office furniture and equipment budget to the GLC marketing and promotions budget to contract a real estate agent to market the remaining three health suite leases recognizing securement of leases will then rely heavily on the success of social media advertising. Social media yielded  two enquiries within the first week but reliance on one method of marketing may risk the GLC’s ability to attain the revenues forecast in the 2015/16 budget.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should the officer recommendation be endorsed, it is anticipated that subject to supplier availability the change room upgrade would be completed by December 2015 and the real estate agent appointed in August 2015.


 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council approves an amendment to the 2014/15 adopted budget on the following base:

 

Description

 Account String

2015/16 Adopted Budget  $

 2015/16 Amended Budget (PROPOSED)  $

Variance $

GLC Operating Grants – Dept of Sport & Rec.

336-10591-1233-0000

$0

-$33,683

-$33,683

B9514 - GLC Change room Refurbishment

522-B9514-3280-0000

100,00

$114,334

$14,334

Reduce Building Reserve Transfer from Reserves

Equity Transfer

-$100,000

-$80,651

$19,349

GLC extensions  - new entry doors

522-BXXXX-3280-0000

$0

$15,000

$15,000

Building Reserve Transfer from Reserves

Equity Transfer

$0

-$15,000

-$15,000

GLC extensions – group fitness air handling

522-B9554-3280-0000

$20,000

$25,398

$5,398

Building Reserve Transfer from Reserves

Equity Transfer

$0

-$5,398

-$5,398

Furniture & Off Equipment Purchase - Non Capital

336-10591-3301-0000

$20,000

$14,000

-$6,000

Marketing & Promotions

336-10591-3623-0000

$20,000

$26,000

$6,000

Capital Grant-Dept of Sport and Rec

336-C3123–1213-0000

$30,000

$0

-$30,000

Plant & Equipment  - Non Cap Assets

336-C3123-3300-0000

$0

$30,000

$30,000

Capital Grant-Dept of Sport and Rec

336-BXXXX-1213-0000

$30,000

$0

-$30,000

GLC building

336-BXXXX-3280-0000

$0

$30,000

$30,000

Net Variance

 

 

 

$0

 

 

 

  


Council                                                                                      55                                                         23 September 2015

11.             Planning and Development Services Report

11.1           PROPOSED LAND SWAP BETWEEN CITY AND DEPARTMENT OF FIRE & EMERGENCY SERVICES TO FACILITATE DEVELOPMENT OF 'CAREER FIRE STATION' FOR THE CAPES REGION

SUBJECT INDEX:

Land Acquisition and Disposal

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Development Services; Environmental Services

ACTIVITY UNIT:

Strategic Planning and Development

REPORTING OFFICER:

Director, Planning and Development Services - Paul Needham

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   City of Busselton re Land Exchange of part of Busselton VFRS

Attachment b    Location Plan

Attachment c    Proposed division of DFES and COB Existing Firestation

Attachment d   Proposed Division of Lot 417  

  

PRÉCIS

 

The Council is asked to consider a proposed land swap between the City and the Department of Fire and Emergency Services (DFES). The proposal involves: (1) portion of Reserve 1079 (located on Bussell Highway, between Vasse and Abbey) being transferred from the City to DFES to accommodate planned development of a ‘career fire station’ for the Capes Region; and (2) portion of Reserve 41446 (the unused southern portion of the existing Busselton Volunteer Fire and Rescue Service [Busselton VFRS] site in the Busselton City Centre) being transferred from DFES to the City to accommodate potential additional public car parking and/or road/intersection works associated with potential road network upgrades, as outlined in the Busselton Traffic Study. The proposed land swap is seen to be of significant strategic advantage to the City and its residents and ratepayers, and it is recommended that the Council support the proposal.

 

BACKGROUND

 

The City has been liaising with DFES with a view to identifying a potential site for a career fire station for the Capes Region (i.e. a fire/emergency response station that would be permanently staffed by full-time, professional fire/emergency response personnel, which would provide a service for the whole of the Capes Region, not just to Busselton or the City of Busselton as a whole). Whilst the timeframe for actual development and operation of a career fire station is not known at this stage, establishment of a career fire station to supplement existing volunteer emergency services located  in the Capes Region has been identified as a DFES objective as a result of State Government consideration of the Keelty Inquiry into the November 2011 Margaret River bushfire. Identification and securing of a suitable site is also an obvious first step and pre-condition to actual development of the new station. It is expected that existing volunteer emergency services will not be affected by the development of the new station. A concise statement from the DFES Commissioner setting out the agency’s position is provided as Attachment A.

 

Because the proposed facility is intended to service the Capes Region as a whole, DFES identified fairly early in the process that an appropriate location would need to have direct access to the regional road network, and would preferably be in the general vicinity of Vasse, or at least in the south-western part of the Busselton-Vasse Urban area. Such a location would provide reasonable accessibility to urban Busselton, as well as to Dunsborough and Margaret River. The attractiveness of Vasse for such a facility will also become greater in future, when one considers the planned improvements to the regional road network, including the Vasse Bypass currently under construction, as well as the planned Vasse-Dunsborough Link and Busselton Outer Bypass, all of which intersect with each other and/or with the existing regional road network in or around Vasse. DFES also identified fairly early in the process that it would be desirable to identify a suitable site on land already in Crown/State ownership or control, avoiding the need to acquire private land, and thereby reducing the overall cost to the State of establishing the facility. Unfortunately, there are relatively few such sites in or around Vasse or the south-western part of the Busselton-Vasse urban area more generally;, especially sites that are not constrained either environmentally, or by virtue of having either an existing or planned use. DFES also identified that a suitable site would need a developable area of around 6,000m2 and be of a fairly regular shape.

 

Following extensive analysis and discussions, a preferred site has been identified by DFES, with that preferred site being portion of Lot 46, Bussell Highway, between Vasse and Abbey. Lot 46 is a portion of Reserve 1079, which is Crown Land, managed by the City, for the purpose of ‘Recreation and Community Purposes’. Lot 46 has a total area of approximately 8.2 hectares and is mostly vacant, cleared land, not currently used for recreational or community purposes. The northern portion of Lot 46 is wetland and seasonally inundated, essentially an extension of The Broadwater, and there is some remnant vegetation in the southern part of the site. The Vasse Volunteer Bush Fire Brigade (Vasse VBFB) is also located in the south-eastern corner of the site, effectively occupying an approximately 6,000m2 portion, which is accessed off (the gravel) Pries Road, which forms the southern boundary of Lot 46. A dual-use path also runs along the eastern side of Bussell Highway, linking Vasse and Abbey, and runs just inside the western boundary of Lot 46. A location plan identifying Lot 46 is provided as Attachment B.

 

The particular portion of Lot 46 identified by DFES and City officers as the most appropriate site for the future career fire station is towards the south-western corner of the lot. The portion identified is physically separated from the Vasse VBFB site, and also has been located to avoid the area of remnant vegetation further into the south-western corner of the lot. The portion has an effective developable area of 6,000m2, but has a total area of 8,072m2, including what is effectively a ‘battle-axe leg’, that provides both legal road frontage and practical access to Pries Road. The proposal also involves provision of practical access to Bussell Highway, which it is envisaged would be secured via a condition on the City’s management order over the balance of Lot 46, setting out that DFES can develop and maintain a driveway/crossover to Bussell Highway (in practice, this is the same as what would be achieved via an easement). These access arrangements are necessary to ensure that the Vasse-Abbey dual-use path can remain in place (which would not ordinarily be possible if portion of the path were located on DFES managed land), whilst also ensuring that DFES has direct access to Bussell Highway (in an appropriate location), providing for faster emergency response times. City officers have also been conscious of ensuring that the excision from Lot 46 minimises the impact on the long-term development potential of Lot 46 (noting there are currently no plans to develop Lot 46, but it is one of the few, developable parcels of land in either Crown or City control or ownership in either Vasse or Abbey, and it is considered likely that, at some point in the future, the land will be required for some community or public purpose). The developable (but currently undeveloped) area of Lot 46 would be reduced from approximately 3.1 hectares down to approximately 2.5 hectares – reducing its development potential for other purposes, but still leaving a significant, developable area. A plan illustrating the proposed site is provided as Attachment C.

 

Discussions between City and DFES officers, as well as informal briefings of Councillors, have been to the effect that the City would likely be willing to relinquish the identified portion of Lot 46, provided that DFES was willing to transfer a portion of DFES managed or owned land of broadly equivalent strategic value. DFES does not manage or own much land in the City of Busselton, but the City has identified a strategic interest in the southern portion of Lot 417/Reserve 41446, which is Crown Land, managed by DFES, for the purpose of ‘Fire Station’, the northern portion of which is occupied by the Busselton VFRS. The Busselton City Centre Conceptual Plan, endorsed by the Council in early 2014, identifies that it would be desirable to secure the southern part of Lot 417 for future development of additional public car parking. The recent Busselton Traffic Study has also identified that a second access road/bridge from the Causeway into Busselton City Centre would be desirable; with most potential alignments involving an intersection with Peel Terrace in the vicinity of Lot 417, and most likely requiring construction of a roundabout or similar intersection that would require the excision of some land from the southern part of Lot 417 to accommodate road/intersection works.

 

City officers and DFES have identified a portion of Lot 417 that could be excised and transferred to City management, which would allow the retention of the Busselton VFRS on the northern part of the site (and in the existing building), whilst transferring a southern portion to the City which would be strategically valuable for future public car parking and/or future road/intersection works. The portion proposed to be transferred to the City is 1,942m2 in area and so smaller than the land proposed to be transferred to DFES. The parcel involved, however, is considered to be more strategically valuable to the City (and if the ‘market value’ of the two parcels were assessed, may well have a higher value than the land proposed to be transferred to DFES). It is important to note that the proposed land swap will also help facilitate establishment of career fire services, which is also of significant value to the City, and its residents, ratepayers and visitors. A plan illustrating the proposed division of Lot 417 is provided as Attachment D.

 

STATUTORY ENVIRONMENT

 

Both parcels of land involved in the proposed land swap are Crown Land, managed by the City (in the case of Lot 46/portion of Reserve 1079) or DFES (in the case of Lot 417/Reserve 41446) respectively, pursuant to the Land Administration Act 1997. The respective land managers can only use the land in a manner consistent with the reserve purpose, and both reserves are ‘C-Class’, meaning that changes to the management orders (i.e. reserve purpose, management body, provision for power to lease or similar) can be effected through decisions of the Minister for Lands or delegate, without requiring any Parliamentary review process (as would be the case with an ‘A-Class’ reserve).

 

RELEVANT PLANS AND POLICIES

 

The Busselton City Centre Conceptual Plan, endorsed by the Council in early 2014, identifies that it would be desirable to secure the southern part of Lot 417 for future development of additional public car parking. The recent Busselton Traffic Study has also identified that a second access road/bridge from the Causeway into Busselton City Centre would be desirable; with most potential alignments involving an intersection with Peel Terrace in the vicinity of Lot 417, and most likely requiring construction of a roundabout or similar intersection that would require the excision of some land from the southern part of Lot 417 to accommodate road/intersection works.

 

FINANCIAL IMPLICATIONS

 

This report does not propose the actual development of car parking or any other works on the southern portion of Lot 417 proposed to be transferred to the City. If and when development of car parking on the land is identified as desirable, though, it is anticipated that the costs of development could be relatively easily incorporated into the capital works programme. It is envisaged that the decision as to if/when car parking should be developed would turn on a number of key considerations: (1) further consideration/development of potential road network upgrades building on the Busselton Traffic Study; (2) ongoing assessment of the balance between car parking supply and demand in the Busselton City Centre – noting that recent changes to the management of car parking in the City Centre have improved the efficiency of use of existing car parking supply, but continued population growth and development is also progressively adding to the demand; and (3) consideration of the relative merits of first developing car parking on Lot 417, or first developing car parking on the nearby ‘Harris Road’ land (i.e. the bulk, or approximately 9,000m2 of approximately 12,000m2, of the street block bound by Harris Road, Peel Terrace, Camilleri Street and Brown Street), which was acquired by the City in 2013.

Following transfer, the City would need to mow and otherwise undertake basic maintenance on the southern portion of Lot 417, but would no longer have to undertake any maintenance on the (larger) portion of Lot 46 proposed to be transferred to DFES – neither change is expected to have any significant financial implications.

 

There will be some costs associated with site survey and formal transfer processes, but it is considered those costs can be met out of existing budget allocations, and the officer recommendation sets out that the City and DFES would agree to share any such costs, where those costs are not met by the Department of Lands.

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendations of this report reflect Strategic Objective 1.1 of the City of Busselton Community Strategic Plan 2013 (Review 2015), which is a ‘community where people feel safe, empowered, included and enjoy a good sense of health and wellbeing’.

 

RISK ASSESSMENT

 

An assessment of the risks associated with implementing the officer recommendation has been undertaken against the City’s risk assessment framework. The framework focuses on identification and assessment of ‘downside’ risks only, and does not address ‘upside’ risks. Risks are only identified where the residual risk, once existing controls are identified, is ‘medium’ or greater. No such risks have been identified.

 

CONSULTATION

 

DFES have undertaken consultation with the Busselton VFRS and it is understood the latter are comfortable with the proposed excision of the southern portion of Lot 417 and its transfer to City management. Through discussions between City officers and DFES, as well as between DFES and Busselton VFRS representatives, a number of detailed issues were considered and addressed. Most issues were resolved through clarification and discussion, but the City was asked to provide an undertaking that, if a car park is developed, a footpath would also be developed along Camilleri Street, which would discourage users of the car park from walking across the VFRS site. Especially as it would not be appropriate to develop a car park and not also provide for safe pedestrian access from that car park to the rest of the City Centre, City officers were happy to provide that undertaking.

 

City officers have notified the Chief Bushfire Control Officer and the Vasse VBFB of the proposed land swap, but as the proposal will not affect the Vasse VBFB, it is not seen as necessary to consult with the Brigade as such. Residents and land owners immediately to the south of Lot 46 will also be notified of the proposal.

 

The Busselton City Centre Conceptual Plan, endorsed by the Council in early 2014, and which identifies that it would be desirable to secure the southern part of Lot 417 for development of additional public car parking, was subject of community consultation in 2013.

 

 

 


 

OFFICER COMMENT

 

The proposed land swap is seen as significantly assisting in the establishment of career fire services for the Capes Region, which has long been identified as desirable by the State, City and community, especially since the Government’s consideration of the Keelty Report into the 2011 Margaret River bushfire. The proposed land swap will also result in the City securing land that has been identified as strategically significant in the Busselton City Centre, in exchange for land that is less strategically significant to the City. The developable area of Lot 46, whilst being reduced, would also remain significant, at around 2.5 hectares.

 

CONCLUSION

 

The proposed land swap is seen as valuable and important in three respects: (1) assisting with establishment of career fire services; (2) supporting delivery of additional public car parking to meet growing demand in the Busselton City Centre; and (3) securing land that is likely to be required to accommodate road/intersection works as part of important future upgrades to the road network providing access into, out of and through the Busselton City Centre.

 

OPTIONS

 

The Council could elect not to support the proposed land swap, could identify a need for further consultation and/or seek to modify the proposal.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Implementation of the officer recommendation will initially involve forwarding of correspondence to DFES and the Department of Lands, which will occur within one month of the Council making a decision consistent with the officer recommendation. It is anticipated that completion of survey and other processes necessary to effect the land swap will take approximately 12 months.

 

OFFICER RECOMMENDATION

 

That the Council resolve to support a land swap between the City and the Department of Fire and Emergency Services as follows –

 

1.    The City relinquish its management order over portion (generally as illustrated at Attachment C) of Lot 46 (Reserve 1079) and support the granting of a management order over that portion of Lot 417 to the Department of Fire and Emergency Services for the purpose of accommodating a ‘career fire station to service the Capes Region’, with the balance of Lot 417 remaining under the City’s management and for its existing purpose, and subject to;

 

2.    The Department of Fire and Emergency Services agreeing to relinquish its management order over portion (generally as illustrated at Attachment D) of Lot 417 (Reserve 41446) and the granting of a management order to the City of Busselton over that land for the purpose of ‘car park’; and

 

3.    The Department of Fire and Emergency Services agreeing to meet 50% of any costs of the land swap that are not met by the Department of Lands.

 


Council

61

23 September 2015

11.1

Attachment a

City of Busselton re Land Exchange of part of Busselton VFRS

 


 


 


Council

63

23 September 2015

11.1

Attachment b

Location Plan

 

LOT 46 (HSE 25) PRIES ROAD, ABBEY

AbbeyFuture Vasse Village CentreProposed new station siteExisting Vasse Volunteer Bush Fire Brigade 

Busselton Bypass


Council

63

23 September 2015

11.1

Attachment c

Proposed division of DFES and COB Existing Firestation

 


Council

65

23 September 2015

11.1

Attachment d

Proposed Division of Lot 417

 


Council                                                                                      67                                                         23 September 2015

11.2           AMENDMENT NO.6 - LOT 3 (500) BUSSELL HIGHWAY, BROADWATER

SUBJECT INDEX:

Town Planning and Scheme Amendments

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Development Services and Policy

ACTIVITY UNIT:

Statutory Planning

REPORTING OFFICER:

Statutory Planning Coordinator - Joanna Wilson

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Location Plan

Attachment b    Schedule of Submissions

Attachment c    Zoning Plan  

  

PRÉCIS

 

The Council is requested to consider adopting for final approval draft Scheme Amendment No.6 to Local Planning Scheme 21 (LPS21) which seeks to rezone Busselton Drive-In site at Lot 3 (Hse No 500) Bussell Highway to Special Purpose (Broadwater Development Area) and assign a portion as Reserve for Recreation.

 

It is considered that the proposal is consistent with the strategic planning framework applicable to the area; Officers are therefore recommending that the proposed amendment be initiated to allow public consultation to be undertaken.

 

The amendment was advertised for 42 days and 8 submissions were received. Officers are recommending that the amendment be adopted for final approval.

 

BACKGROUND

 

The subject land currently has a ‘drive-in’ cinema and comprises an area of 3.85Ha, the site is bound by Bussell Highway to the north, Bell Drive to the east, Cross Road to the west and a Reserve forms the southern boundary.  There are a variety of dwelling types within the surrounding area, NovaCare –aged housing is on the opposite side of Bell Drive,

 

The amendment proposes to rezone the site, with the exception of a strip abutting Cross Road and the Reserve to the South, to ‘Residential/R40’ and to place the residential zoned land in a ‘Special Provisions Area’. The strips of land adjacent to Cross Road and the Reserve are to be reserved for ‘Recreation’.

 

Proposal

 

The amendment proposes to rezone the subject land from ‘Residential R20’ and ‘unzoned’ land to ‘Residential R40’ with appropriate special provisions being applied to further guide development of the land. The rezoning will facilitate the development of the site for the purposes of providing medium density housing.

 

The recoding is likely to yield approximately 120 dwellings (this would depend upon the actual layout proposed, size of dwellings and several other factors) within the site when fully developed, although the final design and development outcome would be subject to a formal development application being lodged and assessed against the Scheme.

 

A number of special provisions are proposed to control future subdivision and development of the site. This includes a requirement for a Development Guide Plan to be prepared if “green title’ subdivision is proposed.  The provisions are outlined in the table below –

 

No.

Particulars of Land

Zone

Special Provisions

57

Lot 3 Bussell Highway

Residential (R40)

1. Development/subdivision across the site up to the equivalent of a residential density of R40.  Land use permissibility as to the residential zone.

2.  Conventional subdivision of the land shall be generally in accordance with a Detailed Area Plan for the land adopted by Council pursuant to the Scheme.  The principal land uses depicted on the Detailed Area Plan shall be residential and public open space.

 

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.

 

RELEVANT PLANS AND POLICIES

 

The key State and local policies most relevant to the proposal are set out in State Planning Policy No.3 - Urban Growth and Settlement, Liveable Neighbourhoods.

 

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.  While access to the site would predominately be by car, the area is also serviced by the local bus system with pick-up/drop-off points nearby on Bussell Highway.

 

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.

 

Planning For Bushfire Protection Guidelines

 

Planning for Bush Fire Protection Guidelines (‘the Guidelines’) is a policy document prepared by (FESA) and the WA Planning Commission. The Guidelines are the standard for assessment of planning proposals in bushfire prone areas.

 

The key elements of the Guidelines relevant to the proposal are:

 

*             Element 2: Vehicular Access; and

*             Element 4: Siting of development

 

Element 2 intends to ensure that the vehicular access serving a subdivision/development is safe in the event of a bushfire; while the intent of Element 4 is to ensure that the siting of development minimises the level of bushfire impact.

Draft State Planning Policy 3.7 (SPP 3.7) was released in May 2014 with the period for public consultation ending 25 July 2014. A draft Planning for Bushfire Risk Management Guidelines to support the draft SPP 3.7 was released concurrently with the period for public consultation ending 1 August 2014, if adopted this will replace Planning for Bushfire Editions 2.

 

Residential Design Codes

Table 1 and Table 4 of the Residential Design Codes (R-Codes) outline the general site area requirements that apply to residential land. A general distinction is also made between grouped dwellings and multiple dwellings.

 

The relevance of the R-Codes in relation to the proposed amendment at this stage is generally restricted to its guidance on development density, more specifically the number of units that can realistically be expected on a site.

 

The R-Codes will become more relevant at the development application stage where any proposal will be assessed in detail against the various design elements contained therein.     

 

FINANCIAL IMPLICATIONS

 

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

 

Long-term Financial Plan Implications

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

The proposed 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.’

 

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. In this regard, there are no significant risks identified. 

 

CONSULTATION

 

The draft amendment was advertised for public consultation for 42 days, with the public submission period closing on 24 July 2015, a copy of the advertised zoning plan is included with the report as Attachment C. Four government agencies and four public submissions were received (Attachment B).

 

The submissions received objected to the proposal for the following reasons:

 

·    The loss of vegetation within Cross Road and the road being bitumised;

·    Swift Close being made into an intersection;

·    Loss of vegetation and the decline in Western Ringtail Possums.

OFFICER COMMENT

 

In terms of the strategic context, appropriate opportunities to support urban consolidation are generally supported by the strategic planning framework, especially at a State level. Opportunities to provide a diversity of lot sizes and housing types in urban areas, and therefore a variety of lifestyle options, are also broadly supported. In the immediate vicinity there are a variety of dwelling types, including aged housing, low density and medium density housing, as a result the proposal would not be detrimental to the character of the area.

 

The site has a number of WA Peppermint Trees and comprises of Western Ringtail Possum habitat, as a result, an application was made to the Department of Environment to establish a developable area.  The approval granted by the Department of Environment is to clear 1.708 hectares of Peppermint trees, to retain Peppermint trees elsewhere on site and to revegetate offset planting areas.

 

As part of the DoE process an ‘Offset Development Plan’ was prepared and approved, the plan identifies a developable area of approximately 3.1 hectares which is the area identified as Special Purpose.

 

A number of concerns have been raised that the amendment will result in Cross Road being formalised and used for vehicular traffic and Swift Close being upgraded to an intersection.  The amendment would only result in the rezoning of the site, no changes are proposed through this amendment to the surrounding road network.  Furthermore, the ‘Offset Development Plan’ proposes that Cross Road will be utilised for part of the replacement planting.

 

Special provisions

 

Department of Parks and Wildlife have requested a number of Special Provisions.   Special Provisions should be reserved for matters that are unique to the consideration of development at an identified site.  They should not repeat the assessment consideration normally applied and that would also apply to the subject site.  On this basis the Special Provisions can be rationalised to address only those aspects relating to density and the requirement for a Detailed Area Plan.

 

CONCLUSION

 

Officers are recommending that draft Amendment 6 to Local Planning Scheme No. 21 be adopted for final approval and referral to the Western Australian Planning Commission.

 

OPTIONS

 

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

 

1.            Resolve not to adopt the draft amendment for final approval and provide a reason for such a       decision.

 

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

 

Officers consider that there are not substantive issues that would support either option.

 

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.

OFFICER RECOMMENDATION

 

1.            That the Council, in pursuance of Part V of the Planning and Development Act 2005, adopts            draft Amendment No.6 to the City of Busselton Local Planning Scheme 21 for final approval for the purpose of:

 

(a)           Inserting the following particulars into Schedule 3 – Special Provision Areas of the              Scheme:

 

No.

Particulars of Land

Zone

Special Provisions

57

Lot 3 Bussell Highway

Residential (R40)

1. Development/subdivision across the site up to the equivalent of a residential density of R40.  Land use permissibility as to the residential zone.

2.  Conventional subdivision of the land shall be generally in accordance with a Detailed Area Plan for the land adopted by Council pursuant to the Scheme.  The principal land uses depicted on the Detailed Area Plan shall be residential and public open space.

 

(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. 6.

 

3.            Refers Amendment No. 6 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.

 

 

 


Council

71

23 September 2015

11.2

Attachment a

Location Plan

 

 

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Disclaimer: Every effort has been made to make the information displayed here as accurate as possible.  This process is ongoing and the information is therefore ever changing and can not be disseminated as accurate.  Care must be taken not to use this information as correct or legally binding.  To verify information contact the City of Busselton office.

 

Produced on:
Monday, 7 September 2015

north

Map Scale:
1:2302

 


Council

73

23 September 2015

11.2

Attachment b

Schedule of Submissions

 

 

No

ADDRESS

Nature of Submission

Comment

Recommendation

1.

Atco Gas

81 Prinsep Road,

Jandakot WA 6164

No objection

Noted

That the submission be noted.

2

Department of Water

PO Box 261

Bunbury WA 6230

No objection

It is noted that a Local Water Management Strategy will be prepared prior to approval of the DGP, this should be abridged version focusing primarily on ground and stormwater management and servicing.

Noted

That the submission be noted.

3

Water Corporation

PO Box 100

Leederville WA 6902

No objection                         

A developed proposal should be accompanied by a water management plan.

Noted

That the submission be noted.

4

Department of Parks and Wildlife

PO Box 1593

Bunbury WA 6230

1. Lot 3 contains vegetation that is important in maintaining the integrity of Western Ringtail Possum (WRP) Habitat, The vegetation is mapped as being the highest quality WRP habitat;

2. There is insufficient information to assess the degree of impact on the WRP population and this will need to be clarified.

3. The offset development plan did not include management options for WRP animals or consider displaced WRP animals

4. Proponent will be required to prepare and evaluate a WRP Impact Management Plan to manage potential impacts on the existing WRP population and the displacement of some WRP animals, prior to the preparation of any outline development plan.

5. Recommends a number of Special Provisions to be included

- Possum and Possum Habitat Management Plan to be prepared and implemented.in consultation with Parks and Wildlife.

-   A Fire Management Plan should be prepared taking

Noted

Acknowledge that additional work will need to be carried out and required to be undertaken prior to the determination of a DGP, development application etc.

That the submissions be noted.

5

Barrie and Suzanne Hall

PO Box 1658

Busselton WA 6280

1. Requests clarification as to how much area will be rezoned to R40, Milkman Ave is R40 and does not compliment the predominately R20 area;

2. Is the reserve area now a proposed or future residential development site?

3. Cross Road should not become a sealed thoroughfare in order to service the development;

4. There should be no removal of existing trees or vegetation that abuts Cross Road.

Noted

1. All the area shown in white as Broadwater Development Area will be rezoned;

2. The reserve is not part of the proposed rezoning;

3. This amendment is not proposing to make Cross Road a sealed thoroughfare;

4.It is proposed that replacement planting will be undertaken in Cross Road

That the submissions be noted.

6

David and Danielle Williams

12 Swift Close

Busselton WA 6280

Objection – Swift  Close is a cul-de-sac and it is not drawn as a cul-de-sac but an intersection of Cross Road.

We object to any development/rezoning that makes Swift Close an intersection.

The amendment and Scheme No.21 annotate road reserves in White.  It does not detail road configurations.

No changes to Swift Close are proposed as part of this amendment.

That the submissions be noted.

7

Greg Hille

3 Moorhen Street

Broadwater WA 6280

No objection providing;

1. Cross Road is not bitumised and used as a through Road;

2. The existing peppermint tree lined buffer adjacent to Cross Road is retained.

Noted

1&2. Replacement/Revegetation of Cross Roads is proposed as part of this amendment.

That the submissions be noted.

8

Mrs Susan Holmes

PO Box 1018

Busselton WA 6280

Given the decline in Western Ringtail Possum numbers a strict management plan needs to be implemented.

The sighting of foxes and cats in the area is having a detrimental impact on animals at an alarming rate.

Noted.

Western Ringtail possums will be addressed as part of a DGP/subdivision or development application.

That the submissions be noted.

 

 

 

 

 

 


Council

75

23 September 2015

11.2

Attachment c

Zoning Plan

 


Council                                                                                      75                                                         23 September 2015

11.3           PLANNING AND DEVELOPMENT ACT 2005 DELEGATIONS

SUBJECT INDEX:

Development Control

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Development Services and Policy

ACTIVITY UNIT:

Development Services and Policy

REPORTING OFFICER:

Manager, Development Services - Anthony Rowe

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Instrument of Delegation  

  

PRÉCIS

 

On Tuesday 25 August 2015 the Minister gazetted the Planning and Development (Local Planning Schemes) Regulations 2015.  The City is now required to realign its delegations consistent with the new Regulations to coincide with the commencement of the new Regulations on 19 October 2015.

 

Council’s absolute majority is required to endorse amendments to its present delegations, to align with the Planning and Development (Local Planning Schemes) Regulations 2015.

 

A new instrument of delegation is appended to this report as Attachment A.

 

BACKGROUND

 

The Planning and Development Act 2005 provides the opportunity for the Minister to prepare Deemed Scheme provisions, which apply to amend all local schemes in the State.  The Act provides that where there is inconsistency or conflict between the Deemed Provisions and a local Scheme the Deemed Provisions prevail.

 

On 25 August 2015, the first Deemed Provisions made under the Planning and Development Act 2005 and Planning and Development (Local Planning Schemes) Regulations 2015, were gazetted.  These Deemed Provisions now form the fundamental structure for all local schemes within Western Australia.

 

Deemed Provisions cannot be amended by a local government and can only be changed by amendment to the regulations.

 

As the Deemed Provisions have primacy, and in particular as it now establishes the arrangement for the delegation of powers, the City’s delegations now require alignment with the Deemed provisions.  This needs to be in place when the deemed provisions become operational on 19 October 2015

 

In 2014 the City had undertaken a comprehensive review of its delegations and at its meeting held on 23 September 2014 adopted the revised delegations.  The recommendation of this report is to make no change to the substance of those delegations, but simply to align them to the Deemed Provisions under the Planning and Development (Local Planning Schemes) Regulations 2015.

 

The instrument of delegation endorsed by the City on 23 September 2014 was to the Chief Executive Officer.  Ostensibly, it was broad and delegated all functions with the exception of the making of policy, and the reconsideration of delegated decisions.  Conditions were also provided for the CEO to refer matters (controversial) to the Council for determination. 

 

The City’s new local planning Scheme 21 enables the CEO to in turn sub delegate to City officers.  The sub delegations were specific, rather than broad.  These will also require alignment to the Planning and Development (Local Planning Schemes) Regulations 2015.

Initially, the Deemed Provisions and the City’s Scheme 21 must be read alongside one another, which is an awkward arrangement until such time as the City undertakes an amendment of its Scheme to amalgamate it with the Deemed Provisions.  The Regulations also introduced a new model format, which is required to be followed for any future amendments of the Scheme.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

Section 5.42 enables the Council to delegate the powers and duties conferred to local government, with the exception of the items listed in s.5.43.

 

An absolute majority of Council is required to approve the delegation of responsibility.

 

The delegation may be general or as otherwise provided in the instrument of delegation.

 

Section 5.42 (b) explicitly provides that Council may delegate, Planning and Development Act 2005 section 214(2), (3) and (5).  These sections (214(2), (3) and (5)) relate to planning enforcement and only to the act of issuing an interim order and the directions required for remedy of an unauthorised development.

 

Planning and Development Act 2005

 

Section 162, Planning and Development Act 2005 provides that no development should be undertaken except with approval where described by the Scheme.

 

The Planning and Development Act 2005 delegates the approval of land divisions to the WAPC.  The WAPC is also given the power sub delegate to the local government, currently Strata assessments.

 

The Planning and Development (Development Assessment Panels) Regulations 2011 also prescribes a development with a value greater than $10 million (automatic) or $2 million (applicant request) must be determined by a Development Assessment Panel. 

 

Planning and Development (Local Planning Schemes) Regulations 2015

 

Deemed Provisions for local planning schemes Schedule 2, clause 82

 

(1)          The local government may, by resolution, delegate to a committee or to the local government CEO the exercise of any of the local government’s powers or the discharge of any of the local government’s duties under this Scheme other than this power of delegation.

 

Deemed Provisions for local planning schemes Schedule 2, clause 83

 

(1)          The local government CEO may delegate to any employee of the local government the exercise of any of the CEOs powers or the discharge of any of the CEOs functions under this Scheme other than this power of delegation.

 

 


 

City of Busselton Local (Town) Planning Scheme 21

 

The City of Busselton Local (Town) Planning Scheme 21 at Clause 12.2.1, enables delegation of any powers and duties under the Scheme to the CEO, together with an expressed ability for the CEO to sub delegate to other officers.  Potentially everything, but the power to delegate to the CEO itself, can be delegated.  It also facilitates retention of powers by the City through exemptions or conditions that can be made in the delegation.

 

The Scheme at Clause 12.2.2 enables the CEO delegate to any employee of City.

 

The Scheme is consistent with section 5.45 and 5.46 of the Local Government Act 1995, requires that delegations have effect for the time specified or until revoked, that a register of delegations is to be kept, and that delegations are to be reviewed annually.

 

RELEVANT PLANS AND POLICIES

 

This review of delegations reaffirms the authorisations for the undertaking of development control in the City of Busselton.  It does not change the substance of any City policy.

 

FINANCIAL IMPLICATIONS

 

The City has extensive delegations which supports an efficient undertaking of development control functions.  The focus of this review is to align current practice with the new Planning and Development (Local Planning Schemes) Regulations 2015

 

There are no adverse financial implications that would result from the officer recommendation in this report.

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

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

 

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.

 

Risk

Controls

Consequence

Likelihood

Risk Level

Decision made under delegation inconsistent with Council or community views.

 

Ensure there is clarity and certainty of responsibility in expressed delegations and authorisation, and ensure regular and meaningful communication with the Council in the exercise of the delegations is maintained.

Moderate

Possible

Medium 13

 

 

CONSULTATION

 

The City has consulted with the Department of Planning in regards to the process for alignment of delegations to the Planning and Development (Local Planning Schemes) Regulations 2015.  The recommendations in this report are in line with the advice received.

 

OFFICER COMMENT

 

The purpose of the City delegation is to provide efficiency, good governance and a high level of customer service.

 

The current delegations for Scheme 21 has followed the concept of Separation of Powers; namely to retain the primacy of Council in the endorsement of Policy (guiding the future development of the City) and significant financial decisions i.e. agreements. 

 

In the current instrument of delegations the decisions to be retained by Council are listed under Exemptions to the delegation.  It also provides for the CEO to exercise his discretion to return matters to the Council considered to be controversial.  These matters are circulated to Council with each elected member having the opportunity to “call in” the matter for a Council decision.

 

There are no changes proposed to these arrangements in the officer Recommendation.

 

The current approach has been to assign delegations to the CEO, broadly in the first instance.  The CEO’s sub-delegation to officers is then specific and tailored to the responsibility and position level of the delegator’s job description and overall competence. 

 

This provides greater certainty and an ability to match and manage risk to appropriate levels of experience of various staff members.

 

This Deemed Provisions maintain the possibility of this arrangement to continue, at Clauses 82 and 83 respectively in the Deemed Provisions in the new Planning and Development (Local Planning Schemes) Regulations 2015

 

Unfortunately, the interim requirement to read the Deemed Provisions together with Scheme 21 is awkward.  This is because the Deemed Provisions displace Scheme 21 where there is conflict but existing scheme policy can be retained on the same subject if it extends the purpose to the Deemed Provision.  The wording/expression between the two documents is different, which may cause ambiguity, i.e. does the different wording imply a conflict between the documents or is it an instance of an augmentation.

 

For this reason it is proposed that the new instrument of delegation from Council to the CEO, and also in the detailed instruments of sub delegation by the CEO, will include an additional column identifying relevant clauses from the Deemed Provisions and Scheme 21, to remove any ambiguity.

 

The most notable change affecting the instrument of delegation is the process and procedures for preparing and amending Structure Plans.  Ensuring consistency for such across the State was a priority in the Planning Reforms.  The Deemed provisions therefore displace entirely part 7 of Scheme 21, which was the section of the Scheme addressing Structure Plans, Development Guide Plans and Detailed Area Plans.  These have been replaced with Structure Plans, Activity Centre Plans (for commercial areas) and Local Development Plans.  These are matters of policy that should be determined by Council.  The Deemed provisions do however provide a short cut process for minor amendment to Structure Plans, and it is recommended these minor amendments be delegated to the CEO, with the opportunity for “call in”.

 

CONCLUSION

 

The Deemed Provisions facilitate the current arrangements for the delegation of development control, from the local government to the CEO, subject to correct identification, in the Instrument of Delegation, of relevant clauses for the same subject found in the Deemed Provisions and Scheme 21.

 

OPTIONS

 

The Council may determine not to delegate or alternatively the Council may amend the Officer Recommendation.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The delegations contained within the Officers Recommendation are to become effective from 19 October 2015

 

OFFICER RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council:

 

1.    Adopts the Exemptions and Conditions as shown in the Instrument of Delegation PDR 1 contained in Attachment A, to replace delegation TPD1 effective as of 19 October 2015.

 

2.    Delegates to the CEO the powers and duties of the local government under clause 82 in Schedule 2 of the Deemed Provisions under the Planning and Development (Local Planning Schemes) Regulations 2015, and clause 12.2.1 of the City of Busselton Local (Town) Planning Scheme 21, effective from 19 October 2015 until revoked by Council.

 


Council

81

23 September 2015

11.3

Attachment a

Instrument of Delegation

 

City Busselton Cropped logo

INSTRUMENT OF DELEGATION

 

Del Ref No

Act Ref

Delegate

Delegation Subject

PDR 1

s.162 Planning and Development Act 2005

 

cl. 82 Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2 Deemed Provisions for local planning schemes

 

cl. 12.2 City of Busselton Local (Town) Planning Scheme 21

 

Chief Executive Officer

Development Control

 

Delegator

 

Council.

 

Power/Duty

 

To undertake the powers and duties of local government under cl. 82 Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2 Deemed Provisions for local planning schemes and cl 12.2 of the City of Busselton Local (Town) Planning Scheme 21, subject to the following Exemptions, Limitation and Conditions.

 

Statutory Framework

 

Council is exercising its power of delegation under Section 5.42(1)(a) of the Local Government Act 1995 to delegate to the CEO the discharge of its powers and duties provided for in:

·    Section 162 of the Planning and Development Act 2005;

·    Clause. 82 Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2 Deemed Provisions for local planning schemes and

·      Clause 12.2 in the City of Busselton Local (Town) Planning Scheme 21.

 

Planning and Development Act 2005

162. No development except with approval

(1)              subject to this act, where a planning scheme or interim development order provides that development referred to in the planning scheme or interim development order is not to be commenced or carried out without approval being obtained upon the making of a development application, a person must not commence or carry out that development on land to which the planning scheme or interim development order applies unless —

1.               (a)        the approval has been obtained and is in force under the planning scheme or interim development order; and

2.               (b)        the development is carried out in accordance with the conditions subject to which the approval was granted.

 

Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2 Deemed Provisions for local planning schemes

 

82.          Delegations by local government

(1)           The local government may, by resolution, delegate to a committee or to the local government CEO the exercise of any of the local government’s powers or the discharge of any of the local government’s duties under this Scheme other than this power of delegation.

(2)           A resolution referred to in subclause (1) must be by absolute majority of the council of the local government.

(3)           The delegation must be in writing and may be general or as otherwise provided in the instrument of delegation.

83.          Local government CEO may delegate powers

(1)           The local government CEO may delegate to any employee of the local government the exercise of any of the CEO’s powers or the discharge of any of the CEO’s functions under this Scheme other than this power of delegation.

(2)           A delegation under this clause must be in writing and may be general or as otherwise provided in the instrument of delegation.

(3)           Subject to any conditions imposed by the local government on its delegation to the local government CEO under clause 82, this clause extends to a power or duty the exercise or discharge of which has been delegated by the local government to the CEO under that clause.

 

 

City of Busselton Local (Town) Planning Scheme 21

12.2           Delegation of Functions

 

12.2.1        The local government may, in writing and either generally or as otherwise provided by the instrument of delegation, delegate to a committee, the Chief Executive Officer (CEO), within the meaning of those expressions under the Local Government Act 1995, the exercise of any of its powers or the discharge of any of its duties under the Scheme, other than this power of delegation.

12.2.2        The CEO may delegate to any employee of the local government the exercise of any of the CEO's powers or the discharge of any of the CEO's duties under clause 12.2.1.

12.2.3       The exercise of the power of delegation under clause 12.2.1 requires a decision of an absolute majority as if the power had been exercised under the Local Government Act 1995.

 

Exemptions

 

The following items, are exempted from the affect of this delegation and are matters in the Description to be determined by Council, or as required by Conditions to be determined by Council.

 

 

Schedule 2

Scheme 21 clause

Description

Conditions

 

2.1

Initiate preparation or amendment of a local (planning) policy.

Nil

4.1

 

Initiate preparation or amendment of a local (planning) policy and forward to the WAPC

 

 

2.2.3

Adopt a local (planning) policy and determine to forward to WAPC (2.3.3 (b)).

Nil

4.3

 

Resolves to proceed/adopt a local (planning) policy

 

6

2.4

Determine to revoke a local (planning) policy

Nil

 

 

 

 

 

4.14

Termination of a non-conforming use

Nil

 

 

 

 

 

7.4.10

Determine to adopt a Structure Plan and determine, if it affects subdivision, to forward it to WAPC for endorsement

Nil

19(1)

 

Structure Plans - consider submissions - does not include 29(3) minor amendments

2

20(2)(e)

 

Structure Plans - make report and recommendations to the WAPC - does not include 29(3) minor amendments condition 2 applies

2

 

 

 

 

35(1)

 

Activity Centre Plan- consider submissions - does not include 45(3) minor amendments condition 2 applies

2

36(2)(e)

 

Activity Centre Plan - make report and recommendations to the WAPC - does not include 45(3) minor  amendments condition 2 applies

2

 

 

 

 

51

 

Local Development Plan- consider submissions - does not include 59(4) minor amendments condition 2 applies

2

52(1)

 

Local Development Plan determination does not include 59(4) minor amendments condition 2 applies

2

 

 

 

 

 

7.7.6

Adopt a Developer contribution plan and determine if affecting subdivision to forward to WAPC for endorsement

Nil

 

 

 

 

8.3

8.1.1

Identify places and establish a Heritage List, advise the Heritage Council of Western Australia 8.1.4

Nil

 

 

 

 

8.4

8.1.6

Remove or modify the entry of a place on the heritage list

Nil

 

 

 

 

9

8.2.1

Designate a Heritage Area, advise the Heritage Council of Western Australia 8.2.6

Nil

 

 

 

 

10

8.3

Enter in to heritage agreement about land or building with agreement of the owner

Nil.

 

 

 

 

60(a)

11.3

Determination of Applications

1.1 & 1.2

 

 

 

 

 

12.1.1(b)

Determine to acquire land or buildings

Nil

 

 

 

 

 

12.1.1(c)

Determine to dispose of land

Nil

 

 

 

 

 

12.4

Determination of compensation for injurious affection

Nil

 

 

 

 

 

12.5

Determine the purchase or the taking of land

Nil

 


 

Limitations

 

1.      Application for the subdivision of land (WAPC), but all other powers and duties of local government leading to the determination by the WAPC are delegated including the power to impose Council’s accepted Standards Specifications and Financial Contributions relating to subdivision.

 

2.      Application for determination by the JDAP, but all other powers and duties of local government leading to the determination by the J DAP are delegated.

 

Conditions

 

1.         Determination of applications

 

1.1       Call ins

 

a.    The CEO may determine an item to be of significance or public interest and refer the matter for Council’s determination.

 

b.    The Mayor may consider an item is of significance or public interest and request the CEO, in writing, to refer it for Council’s determination.

 

1.2       Reconsiderations

 

Prior to the determination of an application for reconsideration the CEO shall ensure that a copy of the reconsideration request, together with a delegated Officers report and Recommendation, is circulated to all Councillors, giving a period of not less than seven (7) days for any Councillor to request the reconsideration be referred for Council’s determination. 

 

A Councillor’s request is to be made in writing to the CEO.

 

Any request will cause the matter to be submitted to the first practicable Council meeting for debate and determination.

 

If no request is received, within the time provided, the matter will proceed to be determined as Recommended in the Officer’s report.

 

Minor Amendments - Structure Plan, Activity Centre Plan, and Local Development Plans

The CEO may refer minor amendments to Council determination, or otherwise is delegated to make a determination once having completed the following procedure.

 

Prior to determining any application or amendment, for adoption or endorsement of a Development Guide Plan and/or Detailed (Local) Area Plan the CEO shall ensure that a copy of the respective Plan, together with a delegated Officers report and Recommendation, is circulated to all Councillors, giving a period of not less than fourteen (14) days for any Councillor to request it be referred for Council’s determination. 

 

A Councillor’s request is to be made by notice in writing to the CEO.

 

Any request will cause the matter to be submitted to the first practicable Council meeting for determination.

 

If no request is received, within the time provided, the matter will proceed to be determined as recommended in the officer report.

 

Verification

 

Council Resolution

##########

 

Review Requirements

 

At Council's discretion as necessary (no statutory requirement).

 

Review Dates

 

######## 2015

 

 

 


Council                                                                                      85                                                         23 September 2015

12.             Engineering and Works Services Report

Nil

 

13.             Community and Commercial Services Report

13.1           COMMUNITY SPORT & RECREATION FACILITIES FUND - ANNUAL AND FORWARD GRANT ROUND APPLICATIONS - 2016/17- 2018/19 TRIENNIUM

SUBJECT INDEX:

Leisure Services

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Community Services

REPORTING OFFICER:

Community Development Coordinator - Jeremy O’Neill

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   City of Busselton Grant Application Barnard Park Sports Pavilion Stage 2

Attachment b    City of Busselton Grant Application Vasse Change Rooms and Ablutions  

  

PRÉCIS

 

Each year Local Government Authorities are required to rate and prioritise the Annual and Forward Grant Community Sport and Recreation Facilities Fund (CSRFF) submissions received within their municipality.

 

The purpose of this report is to meet the CSRFF criteria by outlining the submissions received for projects within the City for this current funding round and request that Council rate each application prior to forwarding to the Department of Sport and Recreation (DSR) for final consideration.

 

BACKGROUND

 

DSR administers the CSRFF program, with the purpose of providing State Government financial assistance to Local Government Authorities and local community groups (up to one third of the total capital cost), to develop well-planned facilities for sport and recreation.

 

In order to assist with the evaluation of submissions and to ensure projects are viable and appropriate, DSR has developed “Key Principles of Facility Provision”. Accordingly, each submission is to be assessed against those criteria.

 

Under the provision, Local Government Authorities are required to rate and prioritise local submissions using the following guide;

 

RATE

DESCRIPTION

A

Well planned and needed by the municipality

B

Well planned and needed by the applicant

C

Needed by the municipality, more planning required

D

Needed by the applicant, more planning required

E

Idea has merit, more preliminary work needed

F

Not recommended

 

Submissions for the current funding round closed on Monday, 31 August 2015. Following this date, each Local Government Authority is required to assess and prioritise applications before forwarding all documentation to the South West Office of DSR no later than 30 September 2015.

 

Following receipt by DSR, local applications along with others received throughout the State, will be evaluated and ranked by relevant State Sporting Associations and the CSRFF Assessment Panel, prior to the outcome being announced by the Minister for Sport and Recreation in February 2016. Funds for successful applications will become available in July / August 2016.

 

There are two (2) grant categories being applied for in the current round of funding, as follows:

 

Forward Planning Grants

$166,667–$4,000,000 will be allocated to the large scale projects where the total project cost exceeds $500,000 and may require an implementation period of between one and three years. Grants given in this category may be allocated in one or a combination of the years in the triennium.

 

Annual Grants

$66,667 – $166,666 will be allocated to projects with a planning and construction process that will be complete within 12 months. The total project cost for annual grants is between $200,001 – $500,000. Grants given in this category must be claimed in the financial year following the date of approval.

 

Two (2) applications were received for the current grant rounds are as follows:

 

Forward Planning Grant

1.            City of Busselton – Barnard Park Sports Pavilion Stage 2 (Reserve 8485).

 

Annual Grant

2.            City of Busselton – Vasse Community and Recreation Precinct – Change rooms and ablutions (Reserve 52186).

 

STATUTORY ENVIRONMENT

 

Nil

 

RELEVANT PLANS AND POLICIES

 

The development of Active Open Space facilities at both Barnard Park and Vasse is outlined in the City’s Active Open Space Planning Recommendations.

 

Should the Council adopt the recommendations within this report the City’s Long Term Financial Plan will require amendment for 2016/17 and 2017/18.

 

FINANCIAL IMPLICATIONS

 

1.         City of Busselton – Barnard Park Sports Pavilion Stage 2 (Reserve 8485).

 

The application from City of Busselton is for the development of the Barnard Park Sports Pavilion Stage 2, which has a total estimated project cost of $1,373,060 (ex GST).  The total estimated project cost of both stages is $3,000,000 (ex GST), which is based on a revision of the original project scope that was requested by the Council.

 

Based on this, it is estimated that $915,374 will need to be funded by the City and as such will need to be incorporated into the 2016/17 and 2017/18 financial year budgets. This is based on the State Government contributing up to a maximum of 1/3 (one third) to the total project cost through the CSRFF programme.

 

 

 

The proposed funding strategy for this project is as follows:

 

 

The City of Busselton was recently awarded CSRFF funding of $542,313 over the 2015/16 and 2016/17 financial years for the Barnard Park Sports Pavilion Stage 1, which is yet to be expended.  Should the application to fund stage 2 be successful, both stages of the project will be able to proceed, resulting in a more cost effective construction process.

 

2.         City of Busselton – Vasse Community and Recreation Precinct (VCRP) – Change rooms and ablutions (Reserve 52186).

 

The application from the City of Busselton is for the development of the Vasse Community and Recreation Precinct – change rooms and ablutions, which has a total estimated project cost of $415,097 (ex GST). Based on this, $276,731 will need to be provided by the City of Busselton in the 2016/17 financial year.  This is based on the State Government contributing up to a maximum of 1/3 (one third) of the total project cost through the CSRFF programme.

 

Stage One (1) development of the proposed VCRP facilities (not part of this application) involves the construction of an AFL oval (active open space), landscaping and initial stages of car parking (see Attachment 2) on Lot 8113.  This stage will be funded by existing developer contributions, the pre-funding of future stage developer contributions, and City funding. Consequently, there will be no developer contributions available in 2016/17 to fund the remaining component (2/3 (two thirds)) of the change room and ablution facilities; a much needed amenity as part of the oval development.  This will therefore need to be considered as part of the 2016/17 draft budget process.

 

A summary of the financial implications for Council in respect to the capital costs of these two projects, should they proceed as planned, is as follows:

 

 

Project

Cost

1

City of Busselton – Barnard Park Sports Pavilion Stage 2

$915,374

2

City of Busselton – Vasse Community and Recreation Precinct – Change rooms and ablutions

$138,366

 

TOTAL FINANCIAL IMPLICATIONS

$1,053,740

 

Long-Term Financial Plan Implications

 

The development of the Barnard Park Sports Pavilion Stage 2 is forecast in the City’s Long Term Financial Plan for 2018/19, however due to the increasing need to finalise facilities and amenities for the users of the Active Sporting Precinct (i.e. Soccer, Rugby, Cricket and Competition Fire and Rescue), it is recommended that consideration to bring forward the project into the 2016/17 and 2017/18 financial years be considered at the next review of the Long Term Financial Plan.  Similarly, the development of the ablution and change room facilities as Vasse does not form part of the Long-Term Financial Plan and will need to be considered as part of the 2016/17 draft budget process if funding is allocated by DSR. In addition, City Officers will investigate any funds held in developer contributions that may be able to be allocated to these facilities to ease the burden on rates.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter aligns with the City of Busselton Strategic Community Plan 2013 and principally with the following strategic goals:

 

Caring and Inclusive Community

1.3       A community that supports healthy, active ageing and services to enhance quality of life as we age.

 

Well Planned, Vibrant and Active Places

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

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

 

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. The table below describes identified risks where the residual risk, once controls have been identified, is identified as ‘medium’ or greater;

 

Risk

Controls

Consequence

Likelihood

Risk Level

External funding for stage 2 (Barnard Park) is not received and therefore the level of funding required from Municipal Funds increases

 

The project will only proceed when the required amounts of external funding are obtained

Moderate - Significant delays in service delivery with unacceptable recovery time or inconvenient delays to major deliverables

Unlikely

Medium

External funding for VCRP Change rooms and ablutions is not received and therefore there is a delay in project delivery

The project will only proceed when the required amounts of external funding and / or Developer contributions are obtained

Moderate - Significant delays in service delivery with unacceptable recovery time or inconvenient delays to major deliverables

Unlikely

Medium

 

CONSULTATION

 

Regular consultation has taken place between City Officers and staff from the South West Office of DSR in regards to the City’s two (2) applications. In 2012, the DSR Regional Manager met with City Officers on several occasions, and a delegation, including the Mayor and City staff, met with the Director General and senior staff from DSR in Perth during the earlier stages of the Barnard Park development. Recently Officers from the City also consulted with the DSR Regional Manager in regards to the proposed funding strategy for this round and there is potential, if successful in obtaining funding, to integrate Stages 1 and 2 of the Pavilion into one construction project to provide the financial and other efficiencies of a one stage project.

 

It was at this meeting that City staff were recommended to submit two sequential (but separate) Forward Planning Grant applications for the ‘District Active Playing Fields’ (Barnard Park) project over two financial years to maximise the City’s chances of receiving funding from this particular funding programme. It was recommended at this meeting to rank the funding applications as follows:

 

 1. ‘District Active Playing Fields’;

 2. Sports Pavilion to service the ‘District Active Playing Fields’. 

 

Regular consultation has also taken place between City Officers and the identified users for the Barnard Park Sports Pavilion project; the Busselton Margaret River Cricket Association (BMRCA), Busselton Margaret River Junior Cricket Association (BMRJCA), Busselton Junior Rugby Club (BJRC), Leeuwin Naturaliste Junior Soccer Association (LNJSA) and the competition division of the Busselton Fire and Rescue Services (BFRS).

 

In regards to the VCRP Change rooms and ablutions project, City Officers convened the initial Vasse Recreational Facilities Working Group (VRFWG) meeting in late August 2015. This included key representatives from both of the Vasse schools, the Vasse and Districts Community Centre, sporting representatives, the Vasse JV (Current Developers) and the community. All user representatives were supportive of the City’s current implementation strategy for Stage 1 and the proposed change rooms and ablutions project.

 

OFFICER COMMENT

 

City of Busselton–Barnard Park Sports Pavilion Stage 2 estimated cost $1,376,060 (Total estimated project cost $3,000,000)

 

The City of Busselton's vision for the redevelopment of Busselton Foreshore is to be ‘a unique water's edge playground to be enjoyed by all’. The scope of this development includes a wider foreshore area outside the Busselton Foreshore Working Group's original development zone that has, for many decades, been used as playing fields and public open space, including the location for the (recently upgraded) District Active Playing Fields. The increase in capacity that the new location offers all sports identified as part of the proposed ‘Active Sporting Precinct’ responds to population growth and changes in community demographics in the long term. It will also provide a sustainable and inclusive community facility contributing to the health and well-being of Busselton residents as well as to the City's aim to be recognised as ‘Events Capital WA".

This funding application is for construction of the second floor of a Sports Pavilion to service the District Playing Fields. This facility will include meeting rooms, ablutions, office space, spectator viewing, a function room and a kitchen.

 

Consultation conducted, using a variety of approaches, for the development of the now adopted Active Open Strategy provided the impetus for the development of these facilities. Based on this assessment, the demand for improved and expanded facilities for Cricket, Soccer, Rugby and active sporting events was reinforced, particularly when viewed in the context of population growth, and the younger population profile that Busselton is now demonstrating.

 

The Leeuwin Naturaliste Junior Soccer Association, Busselton Junior Rugby Club and the respective Cricket Associations up until 2014 had no dedicated facilities to serve a combined active membership of in excess of 1300 people (with many of these sports also increasing in memberships by 4% per annum).

 

In 2013 the City of Busselton Council adopted (C1304/088) Active Open Space Planning Recommendations to guide the future planning of active open space facilities within the district. This followed 18 months of consultation, needs assessments, a review of the City Leisure Services Plan and a demographic analysis of individual population precincts across the City. The facilities were assessed as either Local, District or Regional and the recommendations and designations across the region are detailed on the inside pages of the Active Open Space Planning 2013 document.

The key facility development strategies contained within the Active Open Space Strategy for Barnard Park include:

 

Precinct

Facility

Active Open Space Planning Recommendations

Geographe Precinct

Barnard Park

That Barnard Park be designated as a district level facility for Cricket, Soccer, Rugby, active sporting events and the Busselton Fire and Rescue Service competition running division

 

 

That funding continue to be sourced to implement the Busselton Foreshore Master Plan, including a phased development of district active playing fields and the development of a community club facility

 

 

That the City works with community stakeholders to implement a community club operational/management model to manage the new community club facility

 

Under the guidelines for the CSRFF grant funding process, The City of Busselton is required to rank, in order of priority, all applications received from within its boundaries.

 

City Officers assessed the applications against the following DSR required criteria:

•           Project justification;

•           Planned Approach;

•           Community Consultation; 

•           Management Planning;

•           Design;

•           Financial Viability;

•           Coordination.

 

A formal Needs Assessment was conducted; including consultation using a variety of methods, with information obtained resulting in further planning of the proposed Active Sporting Precinct. A formal feasibility study was conducted, providing a detailed economic and social background analysis, enabling the City of Busselton to make an informed decision regarding the extent and future growth of these sports. Management of the District Active Playing Fields has been considered and factored into future management plans of the City of Busselton. The design of the District Playing Fields (and the potential future pavilion) has included consideration of Australian and industry standards as well as maximising community opportunities for physical activity.

 

Under the guidelines for the CSRFF grant funding process, City is required to rank, in order of priority, all applications received from within its boundaries. This application is considered by officers as ranked high, well planned and needed by the Municipality.

 

City of Busselton – Vasse Community and Recreation Precinct (VCRP) – Change rooms and ablutions– Total estimated cost $415,097

 

The key facility development strategies contained within the Active Open Space Strategy for Vasse include:

Precinct

Facility

Active Open Space Planning Recommendations

Vasse

Vasse Newtown

That future active open space facilities at Vasse Newtown be designated as local level facilities for junior Soccer, Rugby and other rectangular sports, and that a local level facility Community Club be progressed including but not limited to Lawn Bowls, Croquet, Tennis, Bocce and Multi Sports (Basketball, Tennis and Netball)

 

 

That the City, in conjunction with the Developer of Vasse Newtown, continue to work to address sustainable water supply issues for active open space area

 

 

That the City, in conjunction with the Developer and the Vasse Community, continue to review the Vasse Newtown Developers Contribution Staging Plan to obtain the best outcome for the Vasse community

 

 

That the City continues to work with the Department of Education and Training (DET) to obtain on-going community access to active open spaces on or adjacent to the DET sites of Cape Naturaliste College and the Vasse Primary School in Vasse

 

Under the guidelines for the CSRFF grant funding process, the City is required to rank, in order of priority, all applications received from within its boundaries.

 

City Officers assessed the City’s application against the following DSR required criteria:

•             Project justification;

•             Planned Approach;

•             Community Consultation; 

•             Management Planning;

•             Design;

•             Financial Viability;

•             Coordination.

 

A Needs Assessment was undertaken including consultation using a variety of methods, with an initial needs assessment conducted in 2014 and follow up with members of the Vasse Facilities Working Group in 2015, enabling the City to effectively plan for active open space and future club facilities, including essential changing, medical, umpire and ablution facilities for the users of the active open space constructed in Stage 1.

 

Under the guidelines for the CSRFF grant funding process, the City of Busselton is required to rank, in order of priority, all applications received from within its boundaries.   This application is considered by officers as ranked high, well planned and needed by the Municipality.

 

CONCLUSION

 

The two applications received for the 2016/17 – 2018/19 Triennium Annual And Forward Grant round show sound reasoning and  justification, as such it is recommended that Council adopts the Officers Recommendations to allow the projects to proceed should funding from DSR be forthcoming.

 

OPTIONS

 

The Council may decide not to support the City of Busselton – Barnard Park Sports Pavilion Stage 2 or Vasse Community and Recreation Precinct (VCRP) – Change rooms and ablutions applications at this time.

 

The Council could decide to rate and rank the two applications received in an alternative order to the order proposed in the Officer Recommendation.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

DSR, South West Office staff will be advised in writing of the Council’s decision prior to the end of September 2015 when the full contents of the application are forwarded to the Bunbury regional office.

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.   Submits City of Busselton – Barnard Park Sports Pavilion Stage 2  to the Department of Sport and Recreation’s Community Sport and Recreation Facilities Fund and rates the application as a priority ‘A’ project, rank number 1;

 

2.   Submits the City of Busselton’s Application – Vasse Community and Recreation Precinct (VCRP) – Change rooms and ablutions to the Department of Sport and Recreation’s Community Sport and Recreation Facilities Fund and rates the application as a priority ‘A’ project, rank number 2;

 

3.    Considers as part of the 2016/17 and 2017/18 draft budget process the allocation of $343,265 in the 2016/17 draft budget and $1,029,795 in the 2017/18 draft budget for the construction of the Barnard Park Sports Pavilion Stage 2  subject to the City receiving funding through the Department of Sport and Recreation’s Forward Planning Grant;

 

4.   Considers as part of the 2016/17 draft budget process the allocation of $415,097 in the 2016/17 draft budget for the construction of the Vasse Community and Recreation Precinct (VCRP) – Change rooms and ablutions subject to the City receiving funding through the Department of Sport and Recreation’s Annual Planning Grant.

 


PLN - Deferral of Application (WAPC)


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

113

23 September 2015

13.1

Attachment a

City of Busselton Grant Application Barnard Park Sports Pavilion Stage 2

 


 


 


 


Council

117

23 September 2015

13.1

Attachment a

City of Busselton Grant Application Barnard Park Sports Pavilion Stage 2

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

229

23 September 2015

13.1

Attachment b

City of Busselton Grant Application Vasse Change Rooms and Ablutions

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

257

23 September 2015

13.1

Attachment b

City of Busselton Grant Application Vasse Change Rooms and Ablutions

 


 


 


Council

259

23 September 2015

13.1

Attachment b

City of Busselton Grant Application Vasse Change Rooms and Ablutions

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


Council                                                                                      277                                                      23 September 2015

14.             Finance and Corporate Services Report

14.1           BUSSELTON VOLUNTEER MARINE RESCUE GROUP REQUEST TO EXTEND LEASE AREA

SUBJECT INDEX:

Leasing

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Property Services

REPORTING OFFICER:

Property Coordinator - Ann Strang

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Lease Area  

  

PRÉCIS

 

The Busselton Volunteer Marine Rescue Group Inc. (“the BVMRG”) leases an area of Crown land which forms part of Reserve 49652 being Lot 501, Geographe Bay Road Busselton.  The BVMRG wish to expand their existing facilities, with the proposed expansion requiring use of the adjoining land and hence an extension of BVMRG’s leased area.  The adjoining land is crown land vested with the City.  The vesting does not however provide the City with power to lease. 

 

This report recommends that the City seek power to lease over the adjoining land and, subject to surrender of the current lease, enter into a new lease with the BVMRG.

 

BACKGROUND

 

In 2007, the BVMRG constructed a two storey building as a marine rescue headquarters on part Reserve 49652, Lot 501, Geographe Bay Road, Busselton, as shown hatched blue on Attachment A.    A meeting room, kitchen area and control room is located upstairs.  The ground floor consists of an office and an open area used for storing boats and equipment.  This area is also used for critical response raining and functions, with the boats having to be removed on each occasion.  

 

The BVMRG are seeking to expand their existing building to provide additional storage space for their boats as well as to cater for increased memberships.  Accordingly they submitted a development application proposing an extension to the building of approximately 5.7 metres to the south, onto a portion of Lot 500, Geographe Bay Road, Busselton, as shown hatched red on Attachment A. 

 

The development application was advertised in the Busselton Dunsborough Mail on 19 August 2015 for a period of 14 days, with no submissions received.  It was subsequently approved under delegated authority.

 

Lot 500 is also part of Reserve 49652 which spans along the foreshore from Scout Road to Ford Road.   The reserve is vested with City for the purpose of recreation and foreshore management.  Whilst Lot 500 and 501 are on the same Reserve, the City only has the power to lease Lot 501.  In order for the development to proceed, the City must obtain the power to lease over Lot 500 or at least relevant portions of the Lot. 

 

The City has previously (in 2014) sought the power to lease Lot 500 for the establishment of a landing zone for sky divers. Due to size of the land and some restraints relating to the foreshore area, the City was granted the power to licence only.  This report therefore proposes an alternative proposal which would provide the City with the power to lease over the required portions of Lot 500 as opposed to the whole Lot.     

 

STATUTORY ENVIRONMENT

 

When disposing of property whether by sale, lease or other means, a Local Government is bound by the requirements of section 3.58 of the Local Government Act. However 3.58 (5) (d) provides exemptions to this process under Regulation 30 (2) (b) (i) & (ii) of the Local Government (Functions & General) Regulations.

 

This section states “disposal of land to incorporated bodies with objects of benevolent, cultural, educational or similar nature and the members of which are not entitled to receive any pecuniary profit from the body’s transactions, are exempt from the advertising and tender requirements of section 3.58 of the Local Government Act.”   The constitution of the BVMRG is such that this exemption applies.

 

Under Section 18(2) of the Land Administration Act 1997, approval of the Minister for Lands is required for a lease on a Crown Reserve.  Additionally the lease and any amendments are to be lodged with Landgate in accordance with the Transfer of Land Act 1893.

 

RELEVANT PLANS AND POLICIES

 

In 2009 a Foreshore Management Plan for Central East Busselton – Scout Road to Ford Road was adopted by Council.  The plan notes that the retention of the vegetation on Reserve 49652 is critical in preserving the values of the area. The recommendations contained in this report will have no impact on any existing vegetation.

 

FINANCIAL IMPLICATIONS

 

The BVMRG’s current lease required a rental payment of $1.00 for the 21 year term, with the BVMRG responsible for all costs associated with managing and maintaining their leased premises.  Although the  rent charged to community and sporting groups leasing City owned land and/or buildings is currently $200.00 per annum (inclusive of GST), it is proposed that the same terms and conditions of the current lease be applied in any new lease.  This is because the rent already paid by the BVMRG under their existing lease is for the full 21 year term and an increase is not seen as reasonable given the service they provide to the community.     

 

It is proposed that the BVMRG pay all costs associated with progressing the Officer Recommendation, including but not limited to costs associated with surveying the land, Landgate registration fees and lease preparation costs. Therefore there are will be no financial implications for the City. 

 

Long-term Financial Plan Implications

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

The request for the amendment of the lease area is consistent with the following City of Busselton Strategic Priorities:

 

Key Goal Area 2 - Well planned, vibrant and active places:

 

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

 

RISK ASSESSMENT

 

An assessment of the potential implications of the Officer Recommendation has been undertaken using the City’s risk assessment framework. There are no risks assessed as being of medium or greater level, with the recommendation assisting to mitigate the risk of the BVMRG not being to be able to meet their increasing services requirements from this location. 

 

CONSULTATION

 

The BVMRG have been in discussion with the City in relation to their proposal and are aware of the land tenure requirements and that their existing lease will need to be surrendered and a new lease entered into, with the same terms and conditions.  

 

Department of Lands (DoL) have informally advised that the proposal to amend the lot boundary would be favourably considered subject to the development not extending onto Lot 95, Reserve 8485, which is an A class reserve, and the extensions being contained to the existing bituminised area. The approved development application meets these requirements.

 

OFFICER COMMENT

 

The BVMRG have been operating marine rescue services from their Premises since 2007.  At that time they entered into a 21 year lease with the City, which is due to expire on 30 April 2028.  Over the past 8 years their membership has grown, along with unfortunately, the number of rescues they have had to conduct.   The proposed extension would increase their building footprint by approximately 115m2. This would cater for the growth of their operations as well as providing adequate room for storage of equipment and maintenance of their vessels, in particular their larger vessel.

 

In order to fund the development the BVMRG have submitted applications to both the Department of Fire and Emergency Services and Royalties for Regions.  Although they have been unsuccessful with their initial funding applications they are keen to submit an application again in the next round of funding.  Progressing of the land tenure matters in the interim will assist with this.  

 

Given the size and nature of Lot 500, and noting the DoL’s previous position in relation to power to lease over the whole Lot, it is proposed to seek the Minister for Lands approval to excise the portion of Lot 500 shown hatched red on the attached plan and amalgamate this with Lot 501. The conditions of the management order would remain the same with the designated purpose “Recreation and Foreshore Management” and the power to lease sought for Lot 501 (or the newly created lot), for any term not exceeding 21 years, subject to the Minister for Lands approval.

 

If successful with their next funding application the City would then be in position to enter into a new lease with them. The existing lease dated 30 April 2007 would need to be surrendered concurrently with entering into a new lease.

 

It is proposed that same terms and conditions of the existing lease be applied to the new lease, including the annual rent and term.  The expiry date of the existing lease is 30 April 2028 effectively offering a term similar to that offered more recently to other community and sporting groups of 5 years with a further 5 year option.  

 

CONCLUSION

 

The BVMRG have provided valuable services to both local residents and visitors to the City for many years.  The expansion of their facilities will create an opportunity for the BVMRG to grow so that they can continue to provide this service into the future.   For these reasons it is recommended that Council adopt the Officers recommendation so that the proposed expansion can progress.

 

OPTIONS

 

1.    Council could resolve not to support the seeking of tenure over the required portions of Lot 500, noting that this will mean the BVMRG will not be able to proceed with the expansion of their facilities as per the approved development application.

2.    Council can resolve to enter into a different term of lease with the BVMRG, not exceeding 21 years.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Following the resolution of Council, the City will immediately inform the DoL of the outcome.  Should the Officer recommendation be endorsed, it is likely to take several months for the amendment to the Lot boundary to occur.

 

Subject to the new titles being granted, and the BVMRG receiving sufficient funding to commence the development, the surrender document and new lease will be entered into. This could potentially take a further 12 to 24 months. 

 

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.    Request the Minister for Lands, to amend the boundary of Lot 501, Geographe Bay Road, Busselton to include the portion of land from Lot 500, Geographe Bay Road, Busselton as shown hatched red on Attachment A. All associated costs with the creation of the new lot will be the responsibility of the Busselton Volunteer Marine Rescue Group Inc.

 

2.    Subject to recommendation 1 being achieved and a new lease agreement being entered into as per recommendation 3 accept the surrender of the lease agreement dated 30 April 2007 between the City of Busselton and the Busselton Volunteer Marine Rescue Group Inc.

 

3.    Enter into a lease agreement with the Busselton Volunteer Marine Rescue Group Inc. for the newly  created lot as per recommendation 1 and on the same terms and conditions as the existing lease  dated 30 April 2007, subject to the surrender and new lease being entered into prior to 30         December 2018 with the addition of appropriate clauses dealing with the completion of the building extension.

 


Council

281

23 September 2015

14.1

Attachment a

Lease Area

 

 


Council                                                                                      283                                                      23 September 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   ACCA Newsletter

Attachment b    PDS1 - Applications Received

Attachment c    PDS2 - Applications Determined  

  

 

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    Australian Coastal Councils Association Inc. Newsletter September 2015

 

The September newsletter from the Australian Coastal Councils Association Inc. has been received and is provided in attachment A.

15.1.2    Thank You Letter from Jeanie Gray

 

Correspondence has been received from Jeanie Gray:

Thank you all for another year of effort and kindness from your office staff in attending to my queries. Please post a receipt for endorsed cheque in payment for rates for the above address. Sorry I am unable to call into the office personally. Busy time tables limit time to enjoy the wonderful facilities Busselton has to offer.”

15.1.3    Planning & Development Services Statistics

 

Planning Applications

 

Attachment PDS1 is a report detailing all Planning Applications received by the City between 16 and 31 August, 2015.  Thirty seven formal applications were received during this period.

 

Attachment PDS2 is a report detailing all Planning Applications determined by the City between 16 and 31 August, 2015.  A total of twenty applications (including subdivision referrals) were determined by the City during this period with twenty approved / supported and one refused.

 

 

15.1.4    Current Active Tenders

 

RFT04/15 BUSSELTON FORESHORE – DESIGN, SUPPLY AND INSTALLATION OF UTILITIES SERVICES

 

The City of Busselton invited tenders for the design, supply and installation of utility services for the Busselton Foreshore development.  The tender was advertised on the weekend of 30- 31 May, with the closing date on 14 July 2015. Three tenders were submitted. The tenders received are currently under evaluation. The value of the contract exceeds the CEO’s delegated authority and will have to be awarded by Council. Due to the complexity and specialised nature of the works it is expected the tender evaluation will only be concluded in September 2015 and a report to Council for awarding the contract be presented in October 2015. The estimated timeframe for undertaking and completing the works is 3 months.

 

EOI 01/15 & RFT05/15  EXPRESSION OF INTEREST/REQUEST FOR TENDER - CONSTRUCTION OF THE NEW ADMINISTRATION AND CIVIC BUILDING

Following an Expressions of Interest (EOI) process for making a preliminary selection among prospective tenderers for construction of the City’s new administration and civic building, all eight respondents were considered to be capable of satisfactorily supplying the goods/services and were subsequently shortlisted as acceptable tenderers, i.e:

 

 

Company

Location

1.

Firm Construction

Subiaco

2.

Doric

Subiaco

3.

Cockram

Myaree

4.

BGC Construction

Bunbury

5.

Perkins

Bunbury

6.

Lahey

Subiaco

7.

EMCO Building

Osborne Park

8.

Pindan

Belmont

 

One of the shortlisted tenderers, Lahey Constructions Pty Ltd, advised on 5 August 2015 that it required to be removed from the shortlist due to “current tender workload”. Under delegated authority the CEO proceeded to invite on 7 August 2015 the other shortlisted tenderers to formally submit tenders. On the 12 August 2015 Doric Contractors Pty Ltd notified the City that they will have to withdraw from the tender process “as we have no spare capacity at this time”, but has since indicated that they are going to submit a tender.

The Tender closing date is 23 September 2015. It is anticipated that the evaluation process will be concluded and a preferred tenderer appointed by mid-October 2015. The value of the contract exceeds the CEO’s delegated authority and will have to be awarded by Council.

 

RFT06/15             ENGINEERING CONSULTANCY PANEL

 

The City of Busselton invited tenders for a panel of Engineering Consultants. The tender was advertised on 20-21 June 2015, with its closing date on 21 July 2015. Thirty four (34) tenders were submitted. It is expected that the evaluation process will be concluded during September 2015 and the successful applicants will be invited to the panel by end of October 2015.

 

RFT07/15             WASTE COLLECTION, TRANSPORTATION & PROCESSING SERVICES

 

The City of Busselton invited tenders for the collection, transportation and processing of several waste streams, other than the normal household waste collection services. This will comprise the contractor placing large industrial sized bins for rubbish, cardboard and mixed recyclable waste collection at nominated locations. The tender was advertised on 20-21 June 2015, with its closing date on 10 July 2015. Eight tenders were received. The evaluation process has been concluded and the contract was awarded by the CEO under his delegated authority to Jenesti Pty Ltd trading as Warren Blackwood Waste. The Contract commenced on 1 September 2015 and the term is for three years, with the option to extend the term by two further one-year periods, both exercisable at the sole discretion of the City.

 

RFT09/15             BUSSELTON JETTY MARINE BERTHING FACILITY

 

The City of Busselton invited tenders for construction of a marine berthing facility at the Busselton Jetty. The tender was advertised on 20-21 June 2015, with its closing date on 18 August 2015. The evaluation process has been concluded and the contract was awarded by Council to Gambetta Holdings Pty Ltd trading as Engineered Water Systems. The date for practical completion under the contract is 21 December 2015.

 

RFT10/15 REMOVAL OF GRAFFITI

 

The City of Busselton invited tenders for removal of graffiti from local government buildings/property. The tender was advertised on 25 July 2015, with its closing date on 11 August 2015. Three (3) tenders were received. The evaluation process has been concluded and the contract was awarded by the CEO under his delegated authority to Kleenit Pty Ltd. The Contract commenced on 1 September 2015 and the term is for 2 years, with the option to extend the term for one additional period of 1 year.

 

RFT11/15 BUSSELTON REGIONAL AIRPORT DEVELOPMENT – GROUP PROJECT MANAGER

 

The City of Busselton invited tenders for engaging a suitably qualified and experienced consultant as Group Project Manager to provide overall project management services to guide and oversee the planning and delivery of infrastructure and services for the Busselton Regional Airport Redevelopment Project, ensuring the project is well planned, delivered and executed within an effective project management framework. The tender was advertised on 1 August 2015, with its closing date on 18 August 2015. The evaluation process has been concluded and the contract was awarded by the CEO under his delegated authority to APP Corporation and, as required under the CEO’s delegation, endorsed by the South West Development Commission. The contract will commence on 5 October 2015 and is for a fixed term of 2 years, with the option to extend the term for two additional periods of 6 months each.

 

RFT12/15 BUSSELTON REGIONAL AIRPORT DEVELOPMENT – PROJECT MANAGER INFRASTRUCTURE

 

The City of Busselton invited tenders for engaging a suitably qualified and experienced consultant as Project Manager Infrastructure to provide project management services in relation to planning and delivery of infrastructure and services for the Busselton Regional Airport Redevelopment Project. The tender was advertised on 1 August 2015, with its closing date on 18 August 2015. The evaluation process has been concluded and the contract was awarded by the CEO under his delegated authority to APP Corporation and, as required under the CEO’s delegation, endorsed by the South West Development Commission. The contract will commence on 5 October 2015 and is for a fixed term of 2 years, with the option to extend the term for two additional periods of 6 months each.

 

RFT13/15 DESIGN AND CONSTRUCT – RAILWAY HOUSE

 

The City of Busselton invited tenders for design and construction of Railway House. The Railway House Project comprises of construction of a new multifunctional facility at the Busselton Foreshore and includes incorporation of the existing old railway building, currently located at Causeway Road, into the new building. The tender was advertised on 15 August 2015, with its initial closing date on 25 September 2015, which has since been extended to 9 October 2015. It is expected that the evaluation process will be concluded and a contract awarded by end October 2015. The value of the contract exceeds the CEO’s delegated authority and will have to be awarded by Council.

 

OFFICER RECOMMENDATION

 

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

·    15.1.1              Australian Coastal Councils Association Inc. Newsletter September 2015

·    15.1.2              Thank You Letter from Jeanie Gray

·    15.1.3              Planning & Development Services Statistics

·    15.1.4              Current Active Tenders

 

 


Council

287

23 September 2015

15.1

Attachment a

ACCA Newsletter

 


 


 


 


 


Council

293

23 September 2015

15.1

Attachment b

PDS1 - Applications Received

 


 


 


 


 


 


 


 


 


Council

301

23 September 2015

15.1

Attachment c

PDS2 - Applications Determined

 


 


 


 

 


Council                                                                                      305                                                      23 September 2015

16.             Motions of which Previous Notice has been Given

16.1           ESTABLISHMENT OF AN INCORPORATED NOT-FOR-PROFIT COMMUNITY GROUP RELATING TO MEELUP REGIONAL PARK AND EVENTUAL DISSOLUTION OF MEELUP REGIONAL PARK MANAGEMENT COMMITTEE 

Councillor Tom Tuffin has given notice that at the Council meeting on 23 September 2015, he will move the following motion:

 

 

MOTION

 

1.    That the City establishes an incorporated not for profit community group relating to Meelup Regional Park open to any member of the public;

 

2.    If and when the new group is established and becomes operational, and providing always that its Objectives (required for incorporation) are acceptable to the City then the Meelup Regional Park Management Committee be dissolved and the City liaise with the new group for future Park related matters.  At least a twelve month period will be allowed to establish such a Group and during this time the current Meelup Regional Park Management Committee will continue in its current role, with the new Terms of Reference to be resolved by Council.                                                                                                           

 

3.    If the group cannot be established, or its Constitution including its Objectives, are unacceptable to the City then the current Meelup Management Committee will continue in the role determined by the Council until the Ordinary Council election in October 2017, to be reconsidered by the Council at that time.

 

REASONS

 

This ground-up rather than top-down structure has many advantages:

 

1.           It is far easier for a community group, rather than a City Committee to attract donations, appropriate sponsorship and grant funding. (e.g the Friends of the Cape to Cape Track Inc a community based group, with some 300 members plus their families and/or corporations, has raised funding  in the low millions. This money has been spent entirely on the Track and has led to continual improvement.)

 

2.           A community group representing a large number of people and businesses can exert  considerable political pressure on politicians at all levels.

 

3.           A community group can operate outside many of the bureaucratic restraints imposed on the City by the 1995 Local Government Act.     

      

4.           The community as a whole will have ownership – anyone can join, and vote or stand for a President or committee member.

 

The current practice of the Meelup Park Management Committee being composed entirely of members nominated by the Council or CEO is very non-inclusive. 

 

However, it is important to add that this Committee has made a huge contribution to the City and no opportunity should be lost to publicly acknowledge this fact.

Nevertheless although it has worked brilliantly in the past it is likely that this relationship may not be able to continue so well.

 

5            The City as “owners” of the Park will retain over-all authority for anything that is built or done in the Park and there would be nothing to prevent it from holding events or building infrastructure in the Park. While, legally this could be done without consultation with the Group a far better outcome could be gained if the City Officers liaised with the group and - more than likely - gained their support.  If their support is gained, the Group could apply for grant funding and the City’s money used  to match some of the $ for $ subsidy by most grantors.

 

6            Current example:

 

Recently, the Friends of the Cape to Cape Track Inc identified a desire, indeed a need, to    build a winter diversion of the Track to obviate the need for walkers to make an extremely hazardous crossing at the mouth of the Margaret River when it is flowing strongly.

 

The elected Committee of the Friends liaised with the AMRSC and gained approval to build a Track down the outstandingly picturesque South bank of the Margaret from      Pierce Bridge to Wallcliffe. The project which is entirely in Shire Reserve was enthusiastically granted approval by the Shire. With this approval granted, the Friends then set about raising the ~$220,000 needed to construct the Track (a short bridge and 2 boardwalks will be required). Partnerships were sought and currently $68K (cash) from Lotterywest, $24k (cash)from the Friends and $30K (cash) from a private source have been received. A further $9.4K (in-kind) was committed by a local group and the Shire $20K (in-kind rather than cash and comes in the form of their Legal Officer checking any legal agreements before the Friends sign, supervision of contractors hired by the Friends, (this is always needed) advice on the quality of the quotes from contractors, and the expertise of their Environmental  Officer. (Note in the National Park it is DPaW rather than the Shire that performs these tasks for us.)

 

The Track will be usable with this amount, but extra funding is needed to build the last boardwalk to complete the vision.   We are confident that these funds can be sourced from other grant applications.

 

The Track once completed will be “adopted” out in sections to “Adoptees” who will voluntarily maintain and regularly inspect their section -. (e.g they will do all Minor maintenance tasks, oiling boardwalks, weed control, erosion control and litter control).

 

This will be a community initiated project financed and largely maintained by the Friends but a great asset for the Shire which will have contributed less than 10% of the cost.

 

A/DIRECTOR, PLANNING & DEVELOPMENT SERVICES COMMENT

 

The Council has resolved (resolution C1508/249) to support the formation of an incorporated ‘Friends of Meelup Regional Park’ group and as such the establishment of this group implies the establishment of a separate legal entity through which to conduct activities and if it wishes to pursue a not for profit status and to other wise operate with some autonomy in respect to the administration of the group.  

   


Council                                                                                      307                                                      23 September 2015

17.             Confidential Reports  

Nil

18.             Questions from Members  

19.             Public Question Time

20.             Next Meeting Date

14 October 2015

21.             Closure