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

CITY OF BUSSELTON

MINUTES FOR THE Council  MEETING HELD ON 14 October 2015

TABLE OF CONTENTS

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

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

2....... Attendance. 3

3....... Prayer. 3

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

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

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

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

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

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

Previous Council Meetings. 5

9.1          Minutes of the Council  held on 23 September 2015. 5

Committee Meetings. 6

9.2          Minutes of the Busselton Settlement Art Project Steering Committee held 10 September 2015. 6

9.3          Minutes of the Policy and Legislation Committee held 17 September 2015. 6

9.4          Minutes of the Airport Advisory Committee held 23 September 2015. 6

9.5          Minutes of the Special Meelup Regional Park Management Committee held 29 September 2015. 7

10..... Reports of Committee. 9

10.1        Settlement Art Project Steering Committee - 10/09/2015 - SETTLEMENT ART PROJECT. 9

10.2        Policy and Legislation Committee - 17/09/2015 - WASTE LOCAL LAW 2015. 12

10.3        Policy and Legislation Committee - 17/09/2015 - SPONSORSHIP POLICY. 17

10.4        Policy and Legislation Committee - 17/09/2015 - TRADING IN PUBLIC PLACES POLICY REVIEW.. 23

10.5        Policy and Legislation Committee - 17/09/2015 - SHARK HAZARD RESPONSE POLICY. 36

10.6        Airport Advisory Committee - 23/09/2015 - BUSSELTON REGIONAL AIRPORT - AIRPORT UPDATE. 46

10.7        Airport Advisory Committee - 23/09/2015 - BUSSELTON REGIONAL AIRPORT - WAIVER OF LANDING FEES. 72

10.8        Airport Advisory Committee - 23/09/2015 - BUSSELTON REGIONAL AIRPORT- MARGARET RIVER BUSSELTON TOURISM ASSOCIATION LICENCE AGREEMENT. 51

10.9        Meelup Regional Park Management Committee - 29/09/2015 - REVIEW OF COMMITTEE TERMS OF REFERENCE AND MEELUP GOVERNANCE/ MANAGEMENT ARRANGEMENTS. 97

11..... Planning and Development Services Report. 118

11.1        AMENDMENT 5 TO LOCAL PLANNING SCHEME 21 - INTRODUCTION OF A SPECIAL PROVISION AREA TO PERMIT AN UNRESTRICTED LENGTH OF STAY - WYNDHAM VACATION RESORT - CONSIDERATION FOR ADOPTION FOR FINAL APPROVAL. 118

11.2        NOTICE OF CERTAIN MATTERS IN REGARD TO THE PERON NATURALISTE PARTNERSHIP (PNP) BEING: NOTICE OF INCORPORATION, NOTICE OF ELECTED INTERIM OFFICE BEARERS AND NOTICE OF REQUESTED ENDORSEMENT OF MEMORANDUM OF UNDERSTANDING.. 128

11.3        DA15/0378:PROPOSED OUTBUILDING: LOT 92 SHALLOWS LOOP YALLINGUP. 55

11.4        AMENDMENT NO.6 - LOT 3 (500) BUSSELL HIGHWAY, BROADWATER. 134

12..... ENGINEERING AND WORKS SERVICES REPORT. 140

Nil

13..... Community and Commercial Services Report. 76

13.1        GLC ALLIED HEALTH PROFESSIONAL SUITES. 65

13.2        MARKETING AND EVENTS REFERENCE GROUP OUTCOMES. 76

14..... Finance and Corporate Services Report. 140

Nil

15..... Chief Executive Officer's Report. 140

15.1        REVIEW OF COUNCIL COMMITTEES PROPOSED FOR RE-ESTABLISHMENT. 83

15.2        FINANCIAL ASSISTANCE GRANTS ADVOCACY PROGRAM... 70

15.3        COUNCILLORS' INFORMATION BULLETIN.. 95

15.4        RFT05/15 - AWARD OF CONTRACT FOR CONSTRUCTION OF THE CITY'S CIVIC AND ADMINISTRATION FACILITY. 140

16..... Motions of which Previous Notice has been Given.. 151

16.1        PROPOSAL TO INCREASE CONTRIBUTION TO SETTLEMENT ART PROJECT. 151

17..... Confidential Reports. 153

17.1        Busselton Jetty Advisory Committee - 18/09/2015 - BUSSELTON JETTY - PLACEMENT OF MEMORIAL PLAQUE. 153

17.2        PROPOSED STRATEGIES TO ASSIST WITH RESOURCING THE ORGANISATION'S PRIORITIES. 154

18..... Questions from Members. 156

19..... Public Question Time. 156

20..... Next Meeting Date. 156

21..... Closure. 157

 


Council                                                                                      3                                                                  14 October 2015

MINUTES

 

MINUTES OF A Meeting of the Busselton City Council HELD IN the Council Chambers, Administration Building, Southern Drive, Busselton, ON 14 October 2015 AT 5.30pm .

 

1.               Declaration of Opening and Announcement of Visitors

The Presiding Member opened the meeting at 5.40pm.

2.               Attendance

Presiding Member:

Members:

 

Cr Ian Stubbs           Mayor

Cr Grant Henley

Cr John McCallum

Cr Tom Tuffin

Cr Gordon Bleechmore

Cr Rob Bennett

Cr Coralie Tarbotton

Cr Jenny Green

Cr Terry Best

 

Officers:

 

Mr Mike Archer, Chief Executive Officer

Mr Oliver Darby, Director, Engineering and Works Services

Mr Paul Needham, Director, Planning and Development Services

Mrs Naomi Searle, Director, Community and Commercial Services

Mr Matthew Smith, Director, Finance and Corporate Services

Miss Lynley Rich, Manager, Governance Services

Mrs Katie Banks, Executive Assistant to the CEO

Miss Hayley Barge, Administration Officer, Governance

 

Apologies

 

Nil

 

Approved Leave of Absence

 

Nil

 

Media:

 

“Busselton-Dunsborough Times”

“Busselton-Dunsborough Mail”

 

Public:

 

14

3.               Prayer

The prayer was not delivered.

4.               Public Question Time

Response to Previous Questions Taken on Notice 

 

Nil

Public Question Time

 

Nil

5.               Announcements Without Discussion

Announcements by the Presiding Member 

 

Nil

Announcements by other Members at the invitation of the Presiding Member

 

Nil

6.               Application for Leave of Absence

Nil

7.               Petitions and Presentations

Petitions –

 

A Petition seeking the City of Busselton to rescind the ban on long-term beach shelters, containing 540 signatures was presented which stated:

“We, the undersigned respectfully ask the City of Busselton to rescind its decision to ban the long-term use of beach shelters on its beaches during the summer months. We agree that they should be removed if they are vandalised or damaged and must not have any protruding ropes or pegs of which could pose a safety threat.

 

We base our request on the following reasons.

·         It is an impractical policy to erect and dismantle the shelter on a daily basis outside of daylight hours. Why is it necessary to dismantle them at night when they are used primarily to protect us from the sun especially when both the Cancer Council and the Sun Smart programs strongly promote protection from the U.V Rays?

·         Our beaches are famous and help bring large numbers of International, Eastern States and local visitors to our City who spend large amounts on accommodation and commercially while here. Many of these visitors enjoy the use of the shelters of which we erect, as do all our families.

·         The shelters also act as a deterrent to those whom regularly illegally drive along the beach at night, often becoming bogged leaving large holes and rubbish behind.

·         Why just target beach shelters when there are far more objects left on the beach. Dinghies, and surf cats are left for months all along the beaches often right on the waters edge where people like to walk.

·         These beach structures must be commercially manufactured and built so as to be suitable for long term positioning.

·         These shelters can remained permanently erected between December 1st – March 31st.”

Council Decision

C1510/275    Moved Councillor G Henley, seconded Councillor R Bennett

 

That the petition be received and referred to the CEO to prepare a report to the Council or a committee

CARRIED 9/0

 

 

 

 

 

 

 

 

 

8.               Disclosure Of Interests

The Mayor noted that a declaration of financial interest had been received from:

 

·         Cr Grant Henley in relation to Agenda Item 15.3 – Councillors’ Information Bulletin.

 

The Mayor advised that in accordance with the Local Government (Rules of Conduct) Regulations 2007 this declaration would be read out immediately before Item 15.3 was discussed.

9.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

9.1             Minutes of the Council  held on 23 September 2015

Council Decision

C1510/276    Moved Councillor T Best, seconded Councillor C Tarbotton

That the Minutes of the Council  Meeting held 23 September 2015 be confirmed as a true and correct record.

CARRIED 9/0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Committee Meetings

9.2             Minutes of the Busselton Settlement Art Project Steering Committee held 10 September 2015

Council Decision

C1510/277    Moved Councillor G Bleechmore, seconded Councillor J McCallum

 

1)    That the minutes of a meeting of the Busselton Settlement Art Project Steering Committee held on 10 September 2015 be received.

 

2)    That the Council notes the outcomes of the Busselton Settlement Art Project Steering Committee held on 10 September 2015 being:

 

a)    The Settlement Art Project Item is presented for Council consideration at Item 10.1 of this agenda.

CARRIED 9/0

 

9.3             Minutes of the Policy and Legislation Committee held 17 September 2015

Council Decision

C1510/278    Moved Councillor G Bleechmore, seconded Councillor J McCallum

 

1)    That the minutes of a meeting of the Policy and Legislation Committee held on 17 September 2015 be received.

 

2)    That the Council notes the outcomes of the Policy and Legislation Committee held on 17 September 2015 being:

 

a)    The commencement of the law-making process, for the City of Busselton Waste Local Law 2015 Item is presented for Council consideration at Item 10.2 of this agenda.

 

b)    The Adoption of Policies for Sponsorship Item is presented for Council consideration at Item 10.3 of this agenda.

 

c)    The Adoption of Policies for Shark Hazard Response Item is presented for Council consideration at Item 10.5 of this agenda.

 

d)    The Adoption of Policies for 020 Trading in Public Places Policy Item is presented for Council consideration at Item 10.4 of this agenda.

CARRIED 9/0

 

9.4             Minutes of the Airport Advisory Committee held 23 September 2015

Council Decision

C1510/279    Moved Councillor G Bleechmore, seconded Councillor J McCallum

 

1)    That the minutes of a meeting of the Airport Advisory Committee held on 23 September 2015 be received.

 

2)    That the Council notes the outcomes of the Airport Advisory Committee meeting held on 23 September 2015 being:

 

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

 

b)    The Busselton Regional Airport Waiver of Landing Fees Item is presented for Council consideration at Item 10.7 of this agenda.

 

c)    The Busselton Regional Airport Margaret River Busselton Tourism Association Licence Agreement Item is presented for Council consideration at Item 10.8 of this agenda.

 

3)    That the Council accepts the recommendation of the Airport Advisory Committee and reaffirms the charging of aircraft landing fees as per the endorsed 2015/16 schedule of fees and charges on the basis that the Airport operates as a user pays facility and is reflective of the operations and management of other airports.

CARRIED 9/0

 

9.5             Minutes of the Special Meelup Regional Park Management Committee held 29 September 2015

Council Decision

C1510/280    Moved Councillor G Bleechmore, seconded Councillor J McCallum

 

1)    That the minutes of a special meeting of the Meelup Regional Park Management Committee held 29 September 2015 be received.

 

2)    That the Council notes the outcomes of the Meelup Regional Park Management Committee special meeting held 23 September 2015 being:

 

a)    The revised Committee Terms of Reference and Meelup Governance Management Arrangements Item is presented for Council consideration at Item 10.9 of this agenda.

CARRIED 9/0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Items Brought Forward and Adoption by Exception Resolution

At this juncture the Mayor advised the meeting that with the exception of the items identified to be withdrawn for discussion, that the remaining reports, including the Committee and Officer Recommendations, will be adopted en bloc.

 

Officer Recommendation and Council Decision

C1510/281    Moved Councillor G Bleechmore, seconded Councillor J Green

 

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

               

10.1        Settlement Art Project Steering Committee - 10/09/2015 - SETTLEMENT ART PROJECT

10.2        Policy and Legislation Committee - 17/09/2015 - WASTE LOCAL LAW 2015

10.3        Policy and Legislation Committee - 17/09/2015 - SPONSORSHIP POLICY

10.4        Policy and Legislation Committee - 17/09/2015 - TRADING IN PUBLIC PLACES POLICY REVIEW

10.5        Policy and Legislation Committee - 17/09/2015 - SHARK HAZARD RESPONSE POLICY

10.6        Airport Advisory Committee - 23/09/2015 - BUSSELTON REGIONAL AIRPORT - AIRPORT UPDATE

10.8        Airport Advisory Committee - 23/09/2015 - BUSSELTON REGIONAL AIRPORT- MARGARET RIVER BUSSELTON TOURISM ASSOCIATION LICENCE AGREEMENT

11.3        DA15/0378:PROPOSED OUTBUILDING: LOT 92 SHALLOWS LOOP YALLINGUP

13.1        GLC ALLIED HEALTH PROFESSIONAL SUITES

15.2        FINANCIAL ASSISTANCE GRANTS ADVOCACY PROGRAM

CARRIED 9/0

En Bloc

 


Council                                                                                      9                                                                  14 October 2015

10.             Reports of Committee

10.1           Settlement Art Project Steering Committee - 10/09/2015 - SETTLEMENT ART PROJECT

SUBJECT INDEX:

Heritage: Local History; Busselton Settlement Art Steering Committee

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Cultural Services

REPORTING OFFICER:

Cultural Development Officer - Jacquie Happ

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

 

This item was considered by the Settlement Art Project Steering Committee at its meeting on 10 September 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The Busselton Settlement Art Project is a public art initiative commemorating the successful establishment of Busselton as one of the first settlements outside Perth. The project involves the commissioning of six (6) life-sized bronze sculptures (one per year) at a total cost of approximately $770,000 (inc GST).

 

The purpose of this report is to seek Council endorsement for the ‘Spanish Settler’ as the fourth sculpture from the Busselton Settlement Art Project series.

 

 

BACKGROUND

 

In November 2011 Council awarded Tender 1/11 to Greg James (C1111/342) for the commissioning of BSAP sculptures. In June 2013, a formal committee of Council (BSAPSC) was established to provide a vehicle by which the commissioning of the sculptures could be overseen; and to initiate and coordinate fundraising activities (C1306/139).

 

At a formal meeting of the BSAPSC on 9 January 2014 (BSA1401/010) the Committee recommended that the order of commissioning for the first three sculptures be changed to:

 

1.    Whaler’s Wife

2.    Timber Worker

3.    John Garrett (JG) Bussell

 

The revised order of commission was endorsed by Council at its meeting on 12 February 2014 (C1402/018) in anticipation that there will adequate funding for the JG Bussell sculpture.

 

Two sculptures, the Whaler’s Wife and the Timber Worker, have been installed and officially unveiled.  There are now sufficient funds within the City’s 2015/16 adopted budget and the Busselton Settlement Appeal Account (managed and held by the National Trust) to commission the third sculpture being John Garrett Bussell.

 

The fourth sculpture to be commissioned in the series has been identified as the Spanish Settler. This has been discussed by the BSAPSC during its meetings and is recommended to be endorsed by the Council at its Ordinary meeting of 23 September 2015.

 

The Steering Committee are proposing to hold an event Friday 6 November 2015 to launch fundraising for the purposes of commissioning the Spanish Settler.

STATUTORY ENVIRONMENT

 

Under Section 5.8 of the Local Government Act 1995 (the Act), a local government, by absolute majority, may establish committees of three or more persons to assist the Council, and to exercise the powers and discharge the duties of the local government that can be delegated to committees. 

 

Authority can be delegated to formally constituted Committees of Council in accordance with Sections 5.16 and 5.17 of the Act.

 

Under Section 6.8 of the Act, expenditure that is not included in the annual budget requires a resolution in advance of the expenditure with Absolute Majority.

 

RELEVANT PLANS AND POLICIES

 

Social & Ageing Plan 2012 – 2020

It is a goal of the City’s Social and Ageing Plan (2010-2020) that our culture is celebrated, valued and retained. The installation of the BSAP is in line with this goal.

 

City of Busselton Corporate Business Plan

The BSAP is included in the City’s Corporate Business Plan.

 

FINANCIAL IMPLICATIONS

 

John Garrett Bussell sculpture

The cost of the John Garrett Bussell sculpture is $100,000 (ex GST).  The City’s financial contribution to the John Garrett Bussell sculpture will be $46,594, with the balance of $53,406 to be funded from the National Trust account.  $50,000 has been incorporated into the City’s 2015/16 adopted budget for the sculpture.

 

Long-term Financial Plan Implications

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

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

 

Well Planned, Vibrant and Active Places

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

 

RISK ASSESSMENT

 

An assessment of the potential risks of implementing the Officer recommendation was undertaken, and as a result, no risks were rated as ‘medium’ or above were identified.

 

CONSULTATION

 

Consultation has been undertaken with members of the BSAPSC.  Consultation has also been ongoing with the Bussell family and key stakeholders identified for future sculptures yet to be commissioned.

 

The location of the John Garrett Bussell sculpture has been discussed with the Busselton Art Society who use part of the area for outside exhibitions.  They have expressed support with the proviso that it will still allow the area to be used for their purposes.

OFFICER COMMENT

 

All items within this report have been discussed at informal meetings of the BSAPSC held on 9 July and 13 August 2015.

 

The commissioning of the John Garrett Bussell sculpture is the next step in progressing the Busselton Settlement Art Project (BSAP). The sculpture is proposed to be installed on the pavement outside the Police Sargent’s Quarters on Queen Street, between the cottages leased by the Busselton Art Society and Acting Up.  The position was identified as central to the set of sculptures when completed, brings attention to the Busselton Art Society and is in an open and inviting part of the ArtGeo Gallery Cultural Complex. The position has been endorsed by the BSAPSC.

 

The Spanish Settler has been identified during informal meetings of the BSAPSC as the fourth sculpture for BSAP, due to the expectation by members of the BSAPSC that the wine industry will get behind the project and strongly identify with it. The other sculptures will be progressed as and when funds become available.

 

CONCLUSION

 

The commissioning of the John Garrett Bussell sculpture is the next logical stage in the progress of the BSAP and there is adequate funding to proceed in the 2015/16 financial year.

 

The Spanish Settler has been identified by the BSAPSC as the fourth sculpture in the series to be commissioned.

 

OPTIONS

 

The Council may chose not to endorse the fourth sculpture at this point in time.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should the Officer Recommendation be endorsed, the John Garrett Bussell sculpture will be commissioned and completed as soon as practicable.

 

The Spanish Settler will be promoted to the community as the fourth sculpture in the series.

 

Council Decision / Committee Recommendation and Officer Recommendation

C1510/282    Moved Councillor G Bleechmore, seconded Councillor J Green

 

That the Council:

 

1.    Endorses the Spanish Settler as the fourth sculpture to be commissioned when funds allow.

 

2.    Notes that:

a)         Greg James will be commissioned to undertake the next sculpture (John Garrett Bussell) as per TEN01/11 Settlement of Busselton Art Project (C1111/342) in the 2015/16 financial year;

b)        The John Garrett Bussell sculpture will be located on the pavement outside the Police Sargent’s Quarters on Queen Street Busselton.

c)         A fundraising event will be held on Friday 6 November to raise funds for the next sculpture.

CARRIED 9/0

En Bloc

 10.2          Policy and Legislation Committee - 17/09/2015 - WASTE LOCAL LAW 2015

SUBJECT INDEX:

Local Laws

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Legal Services

REPORTING OFFICER:

Legal Officer - Briony McGinty

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Waste Local Law 2015  

 

This item was considered by the Policy and Legislation Committee at its meeting on 17 September 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

Under the Local Government Act 1995 (the Act) local governments are required to carry out periodic reviews of their local laws to determine whether they should be repealed or amended. As part of the City’s ongoing review of its local laws, the need for an updated local law dealing specifically with waste has been identified.  It is recommended that Council repeal portions of the City’s current Health Local Law and adopt the new Waste Local Law 2015 (proposed local law).

 

             The proposed local law has been prepared for consideration by the Council to initiate the law-making process under the Act.

 

BACKGROUND

 

The Western Australian Local Government Association (WALGA) provides assistance to local governments in the implementation of local laws by creating “model” local laws. These model local laws provide a starting point in which to develop local laws suitable to the locality of the local government whilst ensuring that local laws across the State are generally similar when dealing with a particular subject matter.

 

Since the introduction of the Waste Avoidance and Resource Recovery Act 2007 (WARR Act) the subject matter of waste in local laws is now more appropriately dealt with using the WARR Act as the head of power.   WALGA received funding from the Waste Authority (created under the WARR Act) to develop a template Waste Local Law (model), following the disallowance by the Joint Standing Committee on Delegated Legislation (JSC) of a number of waste local laws prepared by local governments based on the previous WALGA template. The creation of a new model was done to address the concerns of the JSC and involved collaboration between the Waste Authority, the Department of Local Government and Communities (Department), the JSC, and lawyers experienced in drafting local laws.

 

Certain sections of the model are intended to replace parts of the current Health Local Law (Health Local Law) as they relate to waste. The Health Local Law is outdated and derives its authority from the also outdated Health Act 1911 (Health Act).   Many local governments have been waiting on the Health Act to be updated prior to amending their health local laws. The Health Act is currently under review and a new Public Health Bill is before the parliament. Once the Bill has been enacted the City will commence an overall review of the remainder of the Health Local Law.

 

 

 

STATUTORY ENVIRONMENT

 

             Section 3.5 of the Act and section 64 of the WARR Act provide the heads of power for the Council to make the proposed local law.

 

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

 

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

 

                (b)    the minutes of the meeting of the Council include the purpose and effect of the proposed local law.

                             

The purpose and effect of the proposed local law is as follows:

 

Purpose: The purpose of the local law is to provide for the regulation, control and management of activities and issues relating to waste collection, recycling, reuse and disposal within the district.

 

Effect: The effect of the local law is to control activities and manage influences on waste collection, recycling, reuse and disposal within the district.

 

As part of the statutory consultation process, the proposed local law is advertised in accordance with section 3.12(3) of the Act, by giving state wide public notice of the local law and allowing at least six weeks for the public to make submissions.  A copy of the local law is also provided to the Minister for Local Government and the Minister for Environment.

 

Following this process, the proposed local law will then be referred back to the Council for consideration of any submissions received in relation to the local law and for the Council to resolve whether or not to make the local law by absolute majority decision.

 

National Competition Policy

 

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

 

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

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

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

 

RELEVANT PLANS AND POLICIES

 

The proposed local law refers to the City’s Refuse Collection Service Policy but does not amend the      policy or its application in any way.

 

FINANCIAL IMPLICATIONS

 

Costs associated with the advertising and gazettal of the local law will come from the legal budget. These costs are unlikely to exceed $2,000 and there are sufficient funds in the legal budget for this purpose.

STRATEGIC COMMUNITY OBJECTIVES

 

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

 

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

 

RISK ASSESSMENT

 

The proposed local law does not involve major departures from current practices and is therefore considered low risk.

 

CONSULTATION

 

             If the Council resolves to initiate the local law-making procedure, the City is required by the Act to place notices in The West Australian newspaper, locally circulating newspapers and on City notice boards, containing details of the proposed local law and an invitation to the public to make submissions in relation to it.

 

             The submission period must run for a minimum period of six weeks after which, the Council having considered any submissions received, may resolve to adopt the proposed local law or a law which is not significantly different.

 

OFFICER COMMENT

 

The proposed local law is based on the WALGA model Waste Local Law but has been modified and amplified to provide for matters specific to the locality of Busselton.  For example, the City does not undertake waste collection in some rural areas, so the local law has been amended to reflect this.  In addition, the model only dealt with waste from residential sources. The application of the local law has been extended to waste collected from non-residential sources to assist in dealing with compliance issues generated from these premises.  Overall, however, as the model is a very recent local law developed by WALGA in conjunction with the JSC and experienced lawyers it is recommended that the proposed local law not depart significantly from the model in order to ensure its smooth passage through the parliamentary process.

 

The following is an outline of the proposed local law and the content of each part:

 

Part 1 – Preliminary

This part provides for administrative matters concerning the local law – such as application, commencement, definition and repeal of obsolete local laws.

 

Part 2 – Local Government Waste

Part two covers requirement to keep a sufficient number of receptacles, use the correct receptacle for different categories of waste, and placement of receptacles in appropriate areas.

 

Part 3 – General Duties

The “general duties of an occupier” covers those areas previously covered by the Health Local Law such as cleaning of containers and prevention of noxious odours.

 

Part 4 – Operation of Waste Facilities

This part will assist in the regulation of the City’s waste facilities. For example, waste must be deposited in the correct location for the type of waste involved, and the specified fee must be paid. Signs and directions from staff must be followed. Certain activities are also prohibited.

 

Part 5 – Enforcement

This is a standard section which deals with the imposition of modified penalties and the recovery of costs.

 

CONCLUSION

 

The proposed local law will provide a modern approach to the treatment of waste.   It will also update the penalties applicable to breaches of the local law, provide for infringement penalties, and confirm the ability to regulate fees through the fees and charges process.  For these reasons, it is recommended that the Council commence the law-making process.

 

OPTIONS

 

             In addition to the Officer’s recommendations (as per Officer Recommendations 1, 2 and 3 below), the Council has the following alternative options regarding the regulation of waste:

 

Option 1

                                              

Not to proceed with the local law process and rely on the Health Local Law to regulate waste activities within the district.  However, the provisions of the Health Local Law dealing with waste do not allow for infringements to be issued, and do not cover the same range of topics dealt with under the proposed local law.  Once the Public Health Bill is enacted these provisions will be the subject of review in any event and would need to be replaced with a local law under the WARR Act.

 

Option 2

 

             Council could choose to vary the provisions of the proposed local law in any number of ways.  This is, however, the form of local law recommended at this stage for the reasons stated in the report.  There will be further opportunity for making changes to the proposed local law following advertising and consultation, provided the changes are not significantly different from what is currently proposed.   If any changes are of a significant nature the amended proposed local law would need to be re-advertised.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

             Within two weeks of the Council decision to commence the law-making process, the proposed local law will be advertised for public comment. The statutory consultation period is a minimum of six weeks and following the close of the advertising period a report will be submitted to the Council for further consideration which, depending on the number and nature of submissions received, could be within three months.

 

Council Decision / Committee Recommendation and Officer Recommendation

C1510/283    Moved Councillor G Bleechmore, seconded Councillor J Green

 

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

 

                   Purpose: The purpose of the local law is to provide for the regulation, control and management of activities and issues relating to waste collection, recycling, reuse and disposal within the district.

 

                   Effect:   The effect of the local law is to control activities and manage influences on waste collection, recycling, reuse and disposal within the district.

 

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

 

                         (i)        giving State-wide public notice and local public notice of the proposed local law; and

 

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

 

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

(

CARRIED 9/0

En Bloc

 


Council                                                                                      17                                                               14 October 2015

10.3           Policy and Legislation Committee - 17/09/2015 - SPONSORSHIP POLICY

SUBJECT INDEX:

Community & Commercial Services

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Community & Commemercial Services

REPORTING OFFICER:

Community Development Officer - Naomi Davey

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

 

This item was considered by the Policy and Legislation Committee at its meeting on 17 September 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report presents a Draft Sponsorship Policy (the Policy) for the City of Busselton. The Policy aims to provide clear definitions, guidelines and procedures for sponsorships to ensure an accessible, open and transparent process in assessing sponsorship proposals for the City of Busselton.   The Policy will apply where sponsorship arrangements are to be negotiated, where the receiving of financial and/or in-kind support from a commercial or external organisation is in exchange for public recognition or association.

 

 

BACKGROUND

 

The City of Busselton has previously partnered with commercial organisations, service agencies and community groups on projects that have benefited the community. This policy serves to provide clear definitions, guidelines and procedures on how these arrangements are sought, negotiated and agreed upon.  In defining the process and ensuring it is accessible, open and transparent, the City has the potential to promote key priority projects and develop community partnerships that diversify its funding sources whilst strengthening the City’s ability to provide a vibrant and cohesive community.

 

A key strategy of the Policy will be identifying priority projects and linking them to potential sponsors. Priority projects are projects and programs endorsed by Council that have a strong identified link to the City of Busselton Strategic Community Plan (2013), or are programed for current or forward year budgets. Each project/program is carefully selected for its social, economic and/or environmental outcomes. Seeking funding and support from diverse sources strengthens the City’s ability to provide a vibrant and cohesive community.

 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 it is the role of the Council to determine the local government’s policies.

 

Section 6.15 of the Local Government Act 1995 allows for local government to receive revenue and income.

 

A local government may receive revenue or income — 

(a)         from — 

(i)         rates; or

(ii)         service charges; or

(iii)         fees and charges; or

(iv)         borrowings; or

(v)         investments; or

 (vi)         any other source,

authorised by or under this Act or another written law; or

  (b)       from — 

(i)         dealings in property; or

 (ii)         grants or gifts.

            

RELEVANT PLANS AND POLICIES

 

City of Busselton Strategic Community Plan (2013).

 

FINANCIAL IMPLICATIONS

 

There will be no additional costs to the City of Busselton by entering into a sponsorship agreement.

 

Any sponsorship agreement entered into above the value of $10,000 (including cash and in kind) are to be reported to Council for determination. Sponsorship arrangements for $10,000 (including cash and in kind) or less may be determined by the CEO and will be reported to the Council through the City’s monthly Finance Committee meetings.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter principally aligns with Key Goal Area 2 - ‘Well Planned, Vibrant and Active Places’ and more specifically Community Objective 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 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

A real or received conflict, or breach of the terms of an agreement

A sponsorship agreement between both parties

Moderate - the timeline for the implementation of the sponsored project maybe affected

Unlikely

Medium

 

CONSULTATION

 

Consultation was undertaken with other local government authorities who have similar policies in place.

 

OFFICER COMMENT

 

The Policy is designed to provide a clear and defined process for the City of Busselton to enter into sponsorship agreements with external organisations where the receiving of financial and/or in-kind support is in exchange for public recognition or association. The Policy is intended to ensure the process is accessible, open and transparent.

 

Sponsorship can provide significant benefits to the City and the community. To ensure the sponsorship is of benefit to the City, agreements will only be entered into for selected City projects, events, services or activities where it is complementary to Council’s vision, values, policies and strategies. Any sponsorship arrangements above the value of $10,000 (including cash and in kind) are to be reported to Council for determination. Sponsorship arrangements for $10,000 (including cash and in kind) or less may be determined by the CEO.

 

The City will not enter into sponsorship arrangements that may lead to anti-competitive behaviour or disadvantage a third party from dealing with the City and/or arrangements that impose or imply conditions that limit the City’s ability to carry out its functions under the Local Government Act 1995.

 

When a sponsorship agreement is entered into, all terms and conditions of the agreement will be recorded in writing and signed by both parties. In addition to the above, all sponsorship agreements will be required to be reported to the Council through the City’s Finance Committee meetings. The Council is under no obligation to pursue or accept any sponsorship proposal entirely at its own discretion.

 

There may be three ways in which a corporate sponsorship is sought;

 

1.    Sponsorship can be sought for Priority projects through the development and advertisement of a prospectus;

         or

2.    A sponsorship proposal may be submitted by an individual or organisation that clearly outlines the nature of the project, the proposed sponsorship amount and the expected recognition and benefit to the sponsor and the City;

or

3.    Contributions made from an external organisation, community group, or individual(s) for a specific project.

 

The agreement must specify; funding amount, application of funding, rights/limitations, length of agreement, milestones/objectives and responsibilities and expectations of each party.

 

The City may refuse and/or terminate a sponsorship agreement if deemed by the CEO as a real or perceived conflict, or where a breach of the terms of an agreement has occurred. The City will be  under no obligation to pursue or accept any sponsorship proposal.

 

CONCLUSION

 

Previous sponsorship agreements with commercial organisations, service agencies and community groups on City projects, have given great benefit to the Busselton community. The Policy serves to provide clear definitions, guidelines and procedures on how these arrangements are sought, negotiated and agreed upon.  In defining the process and ensuring it is accessible, open and transparent, the City has the potential to promote key priority project and develop community partnerships that diversify the source of funding whist strengthening the City’s ability to provide a vibrant and cohesive community.

 

The Policy is guided by principles that ensure the procurement of any sponsorship is managed appropriately whilst protecting the interests of the community. Included in the policy are guidelines outlining the receiving of financial and/or in-kind support from a commercial or external organisation, in exchange for public recognition or association.

 

The City’s involvement with such organisations are protected by the legal agreements entered into which outline the funding amount, application of funding, rights/limitations, length of agreement, milestones/objectives and responsibilities and expectations of each party.

OPTIONS

 

The Council may decide not to adopt the City of Busselton’s Draft Sponsorship Policy or undertake community consultation at this point in time.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Implementation of the officer recommendation will involve publication of the policy on the City’s website within one month of the Council making a resolution consistent with the officer recommendation.

 

Council Decision / Committee Recommendation and Officer Recommendation

C1510/284    Moved Councillor G Bleechmore, seconded Councillor J Green

 

That the Council resolve to adopt the following policy:

 

Sponsorship Policy

 

DEFINITIONS

 

Sponsorship is the contribution of financial and/or “in Kind” support that the City of Busselton (the City) receives for the purpose of providing; community infrastructure, events, services, programs or activities that may contribute to the economic, social, sporting, environmental or cultural development of the City.

 

PURPOSE

 

The aim of the Policy is to provide clear definitions, guidelines and procedures for sponsorships to ensure an accessible, open and transparent process in assessing sponsorship proposals for the City of Busselton.

 

SCOPE

 

This policy applies where sponsorship arrangements are to be negotiated.  The Sponsorship policy outlines the receiving of financial and/or in-kind support from a commercial or external organisation, in exchange for public recognition or association.

 

POLICY

 

             Principles

             Sponsorship can provide significant benefits to the City and the community and     consideration will be applied where the following principles are adhered:

1.    The Council invites and seeks sponsorship for selected City projects, events, services or activities

2.    The sponsorship is complementary to Council’s vision, values, policies and strategies

3.    Sponsorship arrangements above the value of $10,000 (including cash and in kind) are to be reported to Council for determination. Sponsorship arrangements for $10,000 (including cash and in kind) or less may be determined by the CEO

4.    Sponsorship arrangements that may lead to anti-competitive behaviour or disadvantage a third party from dealing with the City will not be entered into

5.    Sponsorship arrangements that impose or imply conditions that limit the City’s ability to carry out its functions fully and impartially will not be agreed to

6.    The City will not pursue sponsorship from or sponsor any party engaged in current or pending legal proceedings involving the City

7.    A sponsorship agreement outlining the full terms and conditions of the agreement will be recorded in writing and signed by both parties

8.    All sponsorship agreements are required to be reported to the Council through the City’s Finance Committee.

 

GUIDELINES FOR SEEKING SPONSORSHIP

 

There may be three ways in which a corporate sponsorship is sought;

1.    Sponsorship can be sought for Priority projects through the development and advertisement of a prospectus;

         or

2.    A sponsorship proposal may be submitted by an individual or organisation that clearly outlines the nature of the project, the proposed sponsorship amount and the expected recognition and benefit to the sponsor and the City;

or

3.    Contributions made from an external organisation, community group, or individual(s) for a specific project.

 

PRIORITY PROJECT SPONSORSHIP

 

Priority projects for support are projects and programs endorsed by Council that have a strong identified link to the City of Busselton Strategic Community Plan 2013 (Reviewed 2015), or are programed for current or forward year budgets. Each project/program is carefully selected for its impact and community outcomes. Seeking funding and support from diverse sources strengthens the City’s ability to provide a vibrant and cohesive community.  Council priorities projects are identified annually.

 

SPONSORSHIP AGREEMENT

 

Any sponsorship agreement must be recorded in writing and signed by both parties. The agreement must specify;

Ÿ Funding Amount

Ÿ Application of Funding

Ÿ Rights/limitations

Ÿ Length of agreement

Ÿ Milestones/Objectives

Ÿ Responsibilities and expectations of each party.

 

EXAMPLES OF BENEFITS TO POTENTIAL SPONSORS

 

Acknowledgement of sponsor status in publicity materials associated with the project;

Ÿ Recognition in association with the event/project/program , i.e., display of company logo, naming rights

Ÿ Distribution of materials promoting sponsor’s products or services in conjunction with an event

Ÿ Presence of the sponsors at an event and access to participants

Ÿ Signage

Ÿ Sponsor logo on flags and banners

Ÿ Acknowledgment in speeches

Ÿ Entry tickets to sponsored events , and/or;

Ÿ Social media promotion, web and other.

 

 

 

POLICY NON-COMPLIANCE

 

A sponsorship agreement may be refused and/or terminated if deemed by the CEO as a real or perceived conflict, or where a breach of the terms of an agreement has occurred.  The City is under no obligation to pursue or accept any sponsorship proposal entirely at its own discretion.

CARRIED 9/0

En Bloc

 


Council                                                                                      23                                                               14 October 2015

10.4           Policy and Legislation Committee - 17/09/2015 - TRADING IN PUBLIC PLACES POLICY REVIEW

SUBJECT INDEX:

Trading in Public Places; Commercial Hire Sites

STRATEGIC OBJECTIVE:

A community where local business is supported.

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Environmental Health

REPORTING OFFICER:

Environmental Health Coordinator - Tanya Gillett

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

 

This item was considered by the Policy and Legislation Committee at its meeting on 17 September 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

A revised “Trading in Public Places Policy” is proposed combining the existing “Trading in Public Places – Standard Conditions of Approval Version 2” and the “Commercial Hire Sites Policy” made under the newly gazetted Activities in Thoroughfares and Public Places and Trading Local Law 2015

 

This Policy is presented to Council for review and to initiate public consultation.  Once submissions are collated and assessed, the revised Policy will be brought back to Council for final adoption later in 2015.

 

BACKGROUND

 

Mobile businesses in recreational or tourist locations add further dimensions of character and vibrancy to a location. They can provide an important service to the community and visitors particularly in locations where retail premises or permanent places of business are not available to provide particular goods or services demanded by the public. Furthermore, the prosperity achieved by the operators contributes to the overall economic success of the region.

 

These mobile businesses are currently administered under two Local Laws being the “Trading in Public Places Local Law” (now repealed) and the “Local Government Property Local Law 2010”.  With the recent gazettal of the “Activities in Thoroughfares and Public Places and Trading Local Law 2015” (the Local Law) an opportunity now exists to combine the administration of all mobile businesses under one (1) Council Policy and this, the reviewed “Trading in Public Places Policy” is proposed for Council review and to initiate public consultation.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

Activities in Thoroughfares and Public Places and Trading Local Law 2015

Local Law Relating to Trading in Public Places (repealed)

Local Government Property Local Law 2010

 

RELEVANT PLANS AND POLICIES

 

Trading in Public Places – Standard Conditions of Approval Version 2

Commercial Hire Sites Policy

 

 

FINANCIAL IMPLICATIONS

 

There are no budgetary considerations required as a result of this report or revised Policy. 

While the introduction of this streamlined approach to the administration of traders within the District will provide efficiencies for the City through an improved governance structure, it will also require a review of the fee structure surrounding this governance to one that is centred around cost recovery. 

 

For the 2015/16 budget, Commercial Hire Site and Trader’s fees have already been adopted by Council with the new Local Law structure in mind and these will continue to be utilised through the introduction of the new Policy within 2015/16.  However, staff will again review these fees in detail for the 2016/17 budget with the intention of full cost recovery of the administration component and extra service needs (such as waste collection) incurred by some traders.  This may mean that fees increase for some traders to reflect the costs incurred by the City  and these increases will be considered further and in more detail as part of the 2016/17 budget development.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This proposal aligns with the City of Busselton Strategic Community Plan 2013 (revised 2015) as follows:

 

Key Goal Area 1 - A welcoming, inclusive, healthy and capable community that provides accessible services for all residents.

 

Key Goal Area 2 - Well planned, active and vibrant community.

 

Key Goal Area 3 - Robust local economy.

 

RISK ASSESSMENT

 

An assessment of the potential implication of implementing the officer recommendation has been undertaken using the City’s risk assessment framework.  The assessment sought to identify ‘downside’ risks only rather than ‘upside’ risks and where the risk, following implementation of controls has been identified is medium or greater. 

 

Risk

Controls

Consequence

Likelihood

Risk Level

Reputational risk:

 

Disputes that arise as part of a competitive selection process.

 

 

 

All applications for particular locations assessed utilizing an agreed and transparent evaluation matrix.

Each application considered and adjudicated by a panel consisting of cross directorate representation.

 

 

Minor

 

 

 

 

 

 

 

 

Likely

 

 

 

 

 

 

 

 

Medium

 

 

 

 

 

 

 

 

 

 

 

Reputational risk:

 

Disputes and community concern with the selected trader locations.

 

Full assessment of the proposed Outdoor Eating Facility at application including location, safety and compatibility with adjacent areas.

 

 

Minor

 

 

Possible

 

 

Medium

CONSULTATION

 

Should the revised Trading in Public Places Policy be accepted by Council, it will be advertised for an eight (8) week period where the City will invite written submissions for consideration.  Once all submissions are assessed, a report will be brought back to the Policy and Legislation Committee (if required) for determination at this time and subsequently brought back to Council for final adoption of the Policy. 

 

OFFICER COMMENT

 

At the 13 August 2014 meeting, Council endorsed the following recommendations (C1408/194):

 

“That Council:

 

Support the review of the Commercial Hire Site Policy to include mobile food vehicles/vendors for consideration under this Policy; and

 

Invite written submissions on the revised Trading in Public Places Standard Condition of Approval Policy renamed as the Trading in Public Places Policy as follows: …”

 

Since endorsing these recommendations and seeking written submissions in 2014, the gazettal of the Activities in Thoroughfares and Public Places and Trading Local Law 2015 (the Local Law) has provided the opportunity to investigate the current administration and licensing of all traders within the District. This has resulted in the ability to draw together two existing Council Policies, the “Commercial Hire Site Policy” and the “Trading in Public Places – Standard Conditions of Approval Version 2” under the one Council Policy thus simplifying and combining the administration into one simplified and succinct governance process.  For the community, this means that any applicant wanting to trade on City owned or managed land can apply through one process. 

 

Traders have been divided into two categories –

1.    Traders –those traders where the existing four hour maximum trading time exists and are located in what may be considered off peak locations away from the coast, for example, Dunsborough Playing Fields; and

2.    Traders – Commercial - those traders wanting more than four hours trading per day, a longer tenure opportunity and trading in locations that are considered high profile or prime sites including coastal carparks throughout the District and Meelup Beach Car Park.  These are what were previously known as Commercial Hire Sites but will now also include registered mobile food premises (mostly vehicles or vans) approved for this type of trading.

 

The list of locations where these traders are permitted has not been included within the Policy, but a list is maintained for the purposes of administration.  This removes the need for the Policy to be brought to Council each time a new location is added or an existing location is removed.  For Council’s information, the following locations are currently utilised as trading and/or commercial hire site locations within the District:

 

·    Busselton Airport, Yalyalup

·    Busselton Drive Ins – Road Reserve, Broadwater

·    Busselton Foreshore – In front of the Goose Café

·    Busselton Foreshore -  Lawn at base of Busselton Jetty

·    Busselton Foreshore - South of Busselton Jetty

·    Busselton Foreshore - West of Equinox

·    Busselton Foreshore – West of Swim Jetty

·    Busselton Volunteer Marine Rescue Car Park, Busselton

·    Centennial Park Car Park, Dunsborough

·    Dolphin Road Boat Ramp, West Busselton

·    Dunsborough Foreshore

·    Dunsborough Skate Park, Dunsborough

·    Eagle Bay Car Park, Eagle Bay

·    Geographe Bay Yacht Club, West Busselton

·    Gull Service Station, Broadwater

·    Harvest Road Car Park, Broadwater

·    Meelup Beach Car Park, Dunsborough

·    Old Dunsborough Boat Ramp, Dunsborough

·    Roberts Road Car Park, Abbey – Abbey Boat Ramp

·    Rotary Park, Busselton

·    Smiths Beach

·    Vasse General Store, Vasse

·    Yallingup Beach

·    Yallingup Beach Car Park – Slippery Rocks, Yallingup

·    Yoganup Park, Busselton

 

These locations currently have a number of different traders approved including: food outlets, surf schools, bicycle and kayak hire facilities, static binoculars, stand up paddle boards and aqua playground.  Some of these locations will be reassessed as development occurs, such as the Dunsborough Foreshore Café and the Centennial Park Car Park trading location and others will be added to the list as they are approved based on a considered application.  It is intended that all of the Trader’s - Commercial permits will be administered by the City’s Commercial Services Department and the balance of the Traders (and all Stallholders) by the Environmental Health Department, albeit constant collaboration will be continued between these two Departments to ensure the governance process remains consistent and compliant to all other relevant laws.

 

It should be noted by Council, that as the new Local Law excludes City approved events and markets from the need to apply for a Trader’s Permit as previously has been the case, it will result in the removal of any specified separation distance that a trader is required to be from a fixed business selling the same good or service.  This clause previously read as follows:

 

Mobile food vehicles/vendors are not permitted to operate within 300m of any retail premises or permanent place of business that has for sale any goods or services of the kind being offered for sale by the mobile trader;

1)            without prior approval to operate in such locations being sought,

2)            submitting a written letter of support from the proprietor(s) of such retail premises or permanent place(s) of business.

 

This particular clause has previously been the subject of concern by market operators but seen as a necessity for some fixed businesses, particularly within the Dunsborough CBD and the operation of markets on Lions Park.  Should Council want to continue to specify a separation distance that traders can be located with respect to fixed business providing the same good or service during markets and events, it will require a clause to that effect to be included within the Markets Policy and the Events Policy.  However, it should be noted that it is the intention to continue to include a specified separation distance within this proposed Trading in Public Places Policy and enforce it through all other Trader and Stallholder approvals within the City.

 

The new Policy also includes reviewed components such as:

 

1.    Designated numbers of traders/stallholders permitted at any one location - Currently should an application for a Licence be received and this complies with the Local Law and Policy, applications are approved.  There is no direction given within the Policy to restrict the number of licences that will be permitted at any one time.  Administration of the applications has traditionally only permitted one type of licence per location at any one time, that is, only one ice cream van or coffee van at each location at the same time. There is however, no maximum number of licences that can be approved at each of those locations.  This Policy aims to set a maximum of four traders or stallholders at any location at any one time due to the approved locations traditionally being car parks and during peak tourism, these permits can restrict car parking for visitors and the general public.

 

2.    Refusing an Application for Trading - Currently within the Trading in Public Places Policy there is no direction given to the refusing of an application for a trader’s permit.  This Policy lists a number of considerations that an Officer may have regard to when assessing an application: 

 

a)  the type of business and regularity it could operate from the nominated location; (Trader’s Permit – Commercial only)

b)  the ownership, vesting and current use of the nominated location;

c)   the appropriateness and desirability of the proposed activity in relation to the area;

d)  any impact the business may have on the nominated location;

e)  any impact, perceived or otherwise, the business may have on surrounding fixed business;

f)   the impact the business may have on the surrounding amenity;

g) the strategic implications, including the social, cultural and economic benefits the business may bring to the City, residents and visitors;

h)  compliance with the requirements of all applicable laws (such as food and vehicular access to beaches/reserve approvals); and

i)    the nature of adjoining existing Commercial Trader’s Permits, preference will be given to businesses that are not of an identical nature to an adjoining trader.

 

It is the intention of this part of the Policy that if an application cannot meet each of these provisions to the satisfaction of the City, then the application is refused.

 

3.    Trader Duplication - Currently within the Trading in Public Places Policy, only one Trader or Stallholder is permitted to provide any particular kind of good or service at any location at any one time.  This is to be continued within the proposed Policy.  The City will not support two businesses with the same focus in one location at any one time.  Where a duplication of good or service occurs that is ancillary to the primary good or service being offered for sale, this may be approved at the discretion of the City.  For example, two ice cream trucks will not be approved in the same location at the same time.  However, if an ice cream truck and a coffee van have been approved at the same location at the same time and the ice cream truck also wishes to sell coffee, they will be permitted to do so as it will be considered ancillary to the primary good being offered for sale, being ice cream.

 

4.    Advertising  of Available Trader’s Permit - Commercial Locations - Currently access to a Commercial Hire Site location is subject to advertising on a bi-annual basis, if a location is deemed to be vacant and in need of attracting a particular type of good or service.  This is to be continued but also with the inclusion of food vendors having access to this option.  The lack of option for food vendors to have opportunities for more than a four hour per day trading window has previously caused the City to be criticised where locations have allowed this option for recreational pursuits but not food vendors.  Such an example is Meelup Beach Car Park, where a current Commercial Hire Site approval allows for kayak hire permitting trading all day but the food vendors (ice cream vendors) only being permitted for four hours per day.  The proposed Policy ensures consistency across all trading activities through a Trader’s Permit - Commercial.

 

Trader Locations - In looking at the desirability of a location and providing a baseline customer level to ensure the viability of the business, designated car parks and reserve land vested with the City have been identified as preferable locations on which to trade.  Additionally, land that is not under the care and control of the City by virtue of a management order or ownership is currently being utilised for Trading in Public Places licences.  While in the past this has been completed with the permission of the landholder, normally DPAW or Main Roads WA, it is proposed that only locations where the City has care and control of the land be licenced in future.  This reduces the administration required to gain these approvals which are required on an annual basis and often proves difficult to obtain.  Further, it reduces complications with the enforcement of the Local Law on land that is not under the care and control of the City. 

 

CONCLUSION

 

Council is provided with a revised “Trading in Public Places Policy” which proposes combining the existing “Trading in Public Places – Standard Conditions of Approval Version 2” and the “Commercial Hire Sites Policy” made under the newly gazetted Activities in Thoroughfares and Public Places and Trading Local Law 2015

 

This Policy is presented to Council for review and to initiate public consultation.  Once submissions are collated and assessed, the revised Policy will be brought back to Council for final adoption later in 2015.

 

OPTIONS

 

Council may determine to not endorse one or more of the following:

 

1.    The combining of the existing “Trading in Public Places – Standard Conditions of Approval Version 2” and the “Commercial Hire Sites Policy” into one revised “Trading in Public Places Policy”; or

 

2.    Any clause contained within the proposed “Trading in Public Places Policy”.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should the Officer Recommendation be endorsed and proceed to public consultation, it is proposed that the completed review of the Policy be submitted to the City’s Policy and Legislation Committee Meeting November 2015 (if required) and if accepted be placed before Council for final adoption at the meeting within December 2015.

 

Council Decision / Committee Recommendation and Officer Recommendation

C1510/285    Moved Councillor G Bleechmore, seconded Councillor J Green

 

That the Council invite written submissions on the revised Trading in Public Places Standard Condition of Approval Policy renamed as the Trading in Public Places Policy as follows:

 

City of Busselton

020 Trading in Public Places Policy

 

1.        PURPOSE

 

This policy will be used to set standard conditions of approval and provide guidance for permits for traders and stallholders issued in accordance with the City of Busselton Activities in Thoroughfares and Public Places and Trading Local Law 2015.

 

2.        SCOPE

 

This policy applies to all applications for a Stallholder’s Permit and Trader’s Permit in a public place within the City of Busselton.

 

As per clause 5.7 (4) of the City of Busselton Activities in Thoroughfares and Public Places and Trading Local Law 2015, this policy does not apply to:

1.    An event or trading authorised by the local government under another written law or agreement; or

2.    A person trading in a market authorised by the local government.

 

3.        POLICY CONTENT

 

3.1      OBJECTIVE

 

The purpose of this policy is to provide the Council with a consistent framework to encourage, control and regulate stallholders and traders (including mobile food vehicles and recreational traders) and the placement of goods and services located in public places within the City of Busselton.

 

The City is committed to facilitating entrepreneurial opportunities on the sites that contribute to the wellbeing and prosperity of residents and to the overall experience of visitors to the region.  This policy further aims to encourage a high standard of service delivery to the local community and visitors whilst supporting local economic development and commercial viability.

 

3.2      DEFINITIONS

 

CEO means the Chief Executive Officer of the City of Busselton

 

City means the City of Busselton.

 

Community Association means an institution, association, club, society or body, whether incorporated or not, the objects which are charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature and the members of which are not entitled or permitted to receive any pecuniary profit from the transactions thereof.

 

Commercial Traders Location means a location identified by the City for the purpose of allocating a Trader’s Permit – Commercial.

 

Core Trading Period means:

·    15 December to 15 February in any given year; and

·    Each dedicated long weekend in any given year; and

·    Each school holiday period in any given year, excepting the July school holiday period.

 

Council means the Council of the municipality of the City of Busselton.

 

Event means an occurrence approved to be held within the City of Busselton on private or public land, either indoor or outdoor by a person(s)/group/organisation, where people assemble at a given time for entertainment, recreation or community purposes.

 

Facility or Reserve means any property owned by or vested with the City of Busselton and includes buildings, recreation centres, community centres, halls and reserves (passive and active).

 

Public Place includes –

(a)  any thoroughfare or place which the public are allowed to use, whether or not the thoroughfare or place is on private property; and

(b)  local government property;

but does not include premises on private property from which trading is lawfully conducted under a written law.

 

Stall means a movable or temporarily fixed structure, stand or table in, or on from which trading is conducted.

 

Trading includes –

(a)  the selling or hiring of, the offering for sale or hire of or the soliciting of orders for goods or services in a public place;

(b)  displaying goods in any public place for the purpose of –

(i)        offering them for sale or hire;

(ii)       inviting offers for their sale or hire;

(iii)      soliciting orders for them; or

(iv)      carrying out any other transaction in relation to them; and

(c)   the going from place to place, whether or not public places, and –

(i)        offering goods or services for sale or hire; or

(ii)       Inviting offers or soliciting orders for the sale or hire of goods and services.

 

4.         STALLHOLDER’S AND TRADER’S PERMITS

 

            There are 3 types of permit available for trading in a public place as follows:

 

1)     Trader’s Permit – Commercial – A contracted permit over a location that may be predetermined by the City as a Commercial Trader’s Location and may be available to the trader as the result of a competitive process.

2)     Trader’s Permit – A permit for up to 12 months for itinerant vendors or trading at locations that may be predetermined by the City and not defined as a ‘Commercial Trader’s Location’ under this Policy.

3)      Stallholder’s Permit – A permit for up to 12 months for locations that may be predetermined by the City and available for those wanting to operate a stall, whether or not a Trader’s Permit has been issued at that location.

 

4.1  TRADER’S PERMIT - COMMERCIAL

 

1.         COMMERCIAL TRADER’S LOCATION

 

The City reserves the right to identify and allocate sites as Commercial Trader’s Locations within the district and may publically advertise these sites for the purpose of a Trader’s Permit - Commercial. The locations identified as Commercial Trader’s Locations for the purpose of this provision include:

 

Any foreshore or coastal location including but not limited to Busselton, Dunsborough, Eagle Bay, Yallingup and Meelup, or any other location as may be approved by the CEO.

 

Sites may be selected by the City due to their strategic location in the anticipation of attracting a particular activity to an area or may be approved by the City as the result of an application.  When assessing the suitability of a site for use as a Commercial Trader’s Location, an application may be approved or refused after consideration being given to the following;

 

a)    the type of business and regularity it could operate from the nominated location;

b)  the ownership, vesting and current use of the nominated location;

c)   the appropriateness and desirability of the proposed activity in relation to the area;

d)  any impact the business may have on the nominated location;

e)  any impact, perceived or otherwise, the business may have on surrounding fixed business;

f)   the impact the business may have on the surrounding amenity;

g) the strategic implications, including the social, cultural and economic benefits the business may bring to the City, residents and visitors;

h)  compliance with the requirements of all applicable laws (such as food and vehicular access to beaches/reserve approvals); and

i)    the nature of adjoining existing Commercial Trader’s Permits, preference will be given to businesses that are not of an identical nature to an adjoining trader.

 

Where a proponent seeks a Trader’s Permit - Commercial in a location that has not been previously designated, nor advertised, the site may be authorised by the CEO.

 

Should a location become available, Commercial Trader’s Locations will be advertised as an ‘Expression of Interest’ for a time period of up to four weeks.  Selection criteria will be available and set by the City prior to advertising. 

 

Should an application for a Trader’s Permit - Commercial be submitted by a Community Association, that Community Association will be considered on the same terms and conditions as a commercial entity for the purpose of this Policy.

 

2.         TERM

 

The length of term for a Trader’s Permit - Commercial may be seasonal, that is up to 6 months or up to three years depending on the nature of the business. Prior to the expiry of an existing Trader’s Permit - Commercial, the site shall be readvertised.

 

3.         TRADING PERIOD

 

A Trader’s Permit - Commercial allows the permit holder to trade at the approved Commercial Trader’s Location as defined in Section 4.1(1). 

 

The CEO of the City of Busselton may cancel a Trader’s Permit - Commercial should the operator not trade within any specified Core Trading Period.

 

4.         ASSESSMENT AND SELECTION PROCESS

 

Applications will be assessed using evaluation criteria set by the City, which may be amended from time to time.

 

Applications for permits to sell food and/or beverages must also comply with the Food Act 2008 and with conditions imposed by the City’s Environmental Health Department.

 

4.2  TRADER’S PERMIT

 

1.    TRADER’S LOCATIONS

 

The City reserves the right to identify and allocate sites as approved locations for Trader or Stallholder’s Permits within the District.  Approved locations can be obtained from the City’s Environmental Health Department but these locations are subject to periodical change.

 

Should an application be received requesting a Trader or Stallholder’s Permit at a location outside those designated in clause 4.2(1), the City may grant or refuse the permit after consideration of the following: 

1)  the ownership, vesting and current use of the nominated location – preference will be given to traders and stalls being located in or adjacent to existing carparks;

2)  the appropriateness and desirability of the proposed activity in relation to the area;

3)  any impact the business may have on the nominated location;

4)  any impact, perceived or otherwise, the business may have on surrounding fixed business;

5)  the impact the business will have on the surrounding amenity;

6)  compliance with the requirements of all applicable laws (such as food and vehicular access to beaches/reserve approvals); and

7)  the nature of adjoining existing Trader’s Permits, preference will be given to businesses that are not of an identical nature to an adjoining trader.

 

4.3  STALLHOLDER’S PERMIT

 

The City may approve a Stallholder’s Permit on its individual merit as assessed at any given time, while having regard to the circumstances surrounding the application and in particular those considerations as listed in clause 4.2 above.

 

4.4      STANDARD CONDITIONS OF APPROVAL FOR TRADER AND STALLHOLDER PERMITS       

 

Unless otherwise stated, a Trader or a Trader’s Permit referred to in clause 4.4 and 5.0 includes both a ‘Trader’s Permit – Commercial’ (Clause 4.1) and a ‘Trader’s Permit’ (Clause 4.2). 

 

1.   All Traders or Stallholders must maintain public liability insurance indemnifying the City (and the Crown, where the trader or stallholder is located on a Reserve vested with the City of Busselton) against all actions, suit, claims, damages, losses and expenses made against or incurred by the City arising from any activity, action or thing performed or erected in accordance with the permit. In particular, the Permit Holder shall maintain the following:

a)  a minimum of $10 million public liability insurance or such higher amount as considered appropriate by the City having assessed the potential risk involved. The policy must be able to meet any  possible claim which may be sustained against the permit holder or the City in relation to the death or injury to any person or property arising out of anything authorised by the permit;

b)  hold indemnified the City, and where applicable the Crown, against any claims for compensation however arising from the operation of the trader’s or stallholder’s permit;

c)   hold indemnified the City, and where applicable the Crown, or any person acting on their behalf, compensation by way of damages or loss of income arising from any City approved event or market or any public works within the permit location or its vicinity;

d)  ensure that the City, and where applicable the Crown, is expressly listed on such policy as an ‘interested party’;

e)  advise the City if the policy lapses, is cancelled or is no longer in operation;

f)   on the request of an Authorized Person, provide to the City a copy of a current public liability insurance policy meeting the requirements of this clause. 

 

2.   Should the insurance policy referred to in clause 4.4(1) be terminated for whatever reason then the Trader’s or Stallholder’s Permit shall also be terminated simultaneously.   A permit holder is required to provide to the City a copy of a current public liability insurance policy meeting the requirements of clause 4.4 (1) upon request by an Authorised Officer of the City.

 

3.   Evidence of the public liability insurance required by clause 4.4(1) must be submitted to the satisfaction of the City prior to the establishment, transfer or renewal of the Trader’s or Stallholder’s Permit.

 

4.   The City may vary any of the conditions referred to in clause 4.4 when approving the application if, in the opinion of the City, the circumstances of a particular application warrant the variation and the variation is in accordance with the Local Law.

 

5.   Traders or stallholders shall depart from a permit location upon the direction of any person or body authorized to carry out any works in the street or public place in which the trader or stallholder is situated, or by any employee of such person or body.

 

6.   Traders or stallholders shall depart from a permit location upon the direction of an authorised person for the purpose of an event, market, parade, thoroughfare works or any other contingency which requires removal of the trader or stallholder. 

 

7.   Traders or stallholders shall not have any claim for compensation or damages as a result of any disruption to business or loss incurred due to an event, market, parade, thoroughfare works or any other contingency.  Further, the City is under no obligation to relocate the trader or stallholder and an alternate location may not be offered.

 

8.   Traders or stallholders shall ensure that trading is limited to the goods or services approved within the permit.

 

9.   Traders or stallholders shall ensure that trading is limited to the operating hours where stated within the permit.

 

10.    Where required by the City, the trader or stallholder is to submit a Risk Management Plan in compliance with ASNZS ISO 31000:2009 and to the satisfaction of the City, prior to any permit being granted. 

 

11.    Traders or Stallholders are not permitted to operate within 300m of any retail premises or permanent place of business that has for sale any goods or services of the kind being offered for sale by the trader or stallholder without;

a)      prior approval to operate in such locations being sought; and

b)     submitting a written letter of support from the proprietor(s) of such retail premises or permanent place(s) of business.

 

12.    Traders or Stallholders are not approved to park in a public area, reserve, facility or space unless it can be demonstrated to the satisfaction of the City that the location of the vehicle will not pose a traffic impediment or danger to the safety of the general public, whether vehicle or pedestrian.  Should beach or reserve access be required, further approvals may be required from the City’s Ranger and Emergency Services Department.

 

13.    A Trader (except Trader’s Permit – Commercial) or a Stallholder is permitted for a maximum of 4 hours per day in any approved location.

 

14.    A maximum of four (4) Traders or Stallholders are permitted to be approved at any one location at any time.

 

15.    Only one (1) Trader or Stallholder will be permitted to provide any particular kind of good or service at any location at any one time.  The City will not support two businesses with the same focus in one location at any one time.  Where a duplication of product occurs that is ancillary to the primary good or service being offered for sale, this may be approved at the discretion of the City.  For example, two ice cream trucks will not be approved in the same location at the same time.  However, if an ice cream truck and a coffee van have been approved at the same location at the same time and the ice cream truck also wishes to sell coffee, he will be permitted to do so as it will be considered ancillary to his primary good being offered for sale, being ice cream.

16.    Traders or Stallholders displaying goods or services on footpaths must be at least 2 metres away from a truncation, crossover or street corner.

 

17.    Traders or Stallholders will not be permitted on footpaths where access to an arcade or business entrance, loading zone or disabled parking bay may be impeded.  Note – vehicles are not permitted to park on a footpath under any circumstances.

 

18.    A Trader or Stallholder must not deposit or store any container, vehicle or structure containing any goods or services on any part of a thoroughfare so as to obstruct the movement of pedestrians or vehicles.

 

19.    All Traders and Stallholders are to comply with the Environment Protection (Noise) Regulations 1997 at all times.

 

20.    Food vehicles and food operations must comply with the Food Act 2008, Food Regulations 2009 and the Food Standards Code.

 

21.    Traders and Stallholders (except where approved, Trader’s Permit - Commercial) are not permitted to set up or provide external tables or chairs for customers.

 

22.    Solicitation of customers by touting or the use of public address systems is prohibited, unless otherwise approved by the City.  For example, when an ice cream truck holding a trader’s permit operates as an itinerant vendor, the playing of music may be approved by the City in this instance.

 

23.    All Traders and Stallholders must ensure that the permit location is kept clean and tidy at all times. The permit holder is responsible for the disposal of all litter associated with the provision of the good or service and the cleaning of the permit location.

 

24.    All Traders and Stallholders must ensure that debris or litter is not swept into any street gutter or drain and/or subsequently washed down the stormwater drainage system. No detergents and cleaning agents shall be washed into the street, gutter or drainage system.

 

25.    The Trader or Stallholder is responsible for the maintenance of the permit location and shall maintain all display stands or any equipment related to the permit whatsoever, to a high standard as assessed by an Authorised Offer of the City.

 

26.    The Trader or Stallholder must not display or allow to be displayed any advertisement, placard, flags, bunting, poster, streamer, sign or signboard other than attached to and forming part of the permit holder’s vehicle or stall or display stand or in the permit location. No flashing lights are permitted as part of a permit holder’s vehicle or stall or display stand or in the permit location under any circumstances.

 

27.    Traders or Stallholders are not permitted to have or bring onsite any live animals, including dogs, whether for sale to the public or otherwise, to any trader or stall location.

 

4.5      SPECIAL CONDITIONS OF APPROVAL FOR TRADERS AND STALLHOLDERS AT YALLINGUP

 

1.        Traders and Stallholders (except Trader’s Permit - Commercial) will only be permitted for a maximum of 2 hours per day between 1 May and 30 November in any year with clause 4.4 (6) applying at all other times. 

 

 

4.6      SPECIAL CONDITIONS FOR COMMUNITY ASSOCIATIONS

 

Community associations are entitled to a fifty percent fee reduction for Trader (except Trader’s Permit – Commercial) and Stallholder applications.

 

5.0   REFUSAL OF A TRADER OR STALLHOLDER APPLICATION

 

Subject to clause 5.5(2) of the Local Law, the City or an Authorised Officer may refuse an application for a Trader’s or Stallholder’s permit if the applicant has committed a breach of a provision of the Local Law or this Policy or of any other written law relevant to the activity in respect of which the permit is sought.

 

6.0   ADMINISTRATION OF THIS POLICY

 

The Chief Executive Officer (CEO) has the authority to administer the requirements of the

Trading in Public Places Policy on behalf of Council.

 

Policy Background

Policy Reference No. – 020

Owner Unit – Environmental Health and Economic Development

Originator –Environmental Health Coordinator

Policy approved by – Council

Review Frequency – As required

Related Documents –

City of Busselton Activities in Thoroughfares and Public Places and Trading Local Law 2015

Shire of Busselton Property Local Law 2010

Shire of Busselton Local Law Relating to Trading in Public Places 1992 (rescinded)

Commercial Hire Site Policy – Reference No. 008

Trading in Public Places Policy – Reference No. 020

                                                                                                                                                       CARRIED 9/0

                                                                                                                                                                    En Bloc

 

 

 


Council                                                                                      35                                                               14 October 2015

10.5           Policy and Legislation Committee - 17/09/2015 - SHARK HAZARD RESPONSE POLICY

SUBJECT INDEX:

Monitoring: Shark Sightings and Attacks

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Ranger and Emergency Services

REPORTING OFFICER:

Manager, Environmental Services  - Greg Simpson

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

 

This item was considered by the Policy and Legislation Committee at its meeting on 17 September 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The Council is asked to adopt a policy that sets out the City’s approach to responding to shark attacks and shark sightings. This policy will direct the City’s response to shark sightings and attacks, response activities and communications to the public related to shark threats, jurisdiction and role clarification of agencies involved in response protocols and to prioritize the City’s response activities.

 

BACKGROUND

 

On 26 November 2014 Council resolved (resolution C1411/307) to endorse a fundamental approach in relation shark hazard response as follows:

 

1.    In the event of a shark attack, respond to WA Police direction as necessary;

2.    Recognise that Surf Life Saving WA (SLSWA) will respond in accordance with their procedures on SLSWA patrolled beaches, when those beaches are being patrolled;

3.    Recognise that the Busselton Jetty Environment and Conservation Association (BJECA) will respond in accordance with their Shark Hazard Management Plan in relation to the Busselton Jetty;

4.    Liaise with Geographe Bay Tourism Association (GBTA) with the aim of having that

5.    organisation take on responsibility for active placement of shark hazard warning signage at Busselton Foreshore;

6.    As resources allow, City Rangers to actively respond through placement of temporary signage and warning persons on the beach or in the water, where there are verified sightings (from the SLSWA Helicopter or Shark Monitoring Network) of large sharks (greater than 2.5 metres in length) within 1.0 kilometre of coastal, beach locations (i.e. excluding rocky coastline areas) managed by the City (i.e. excluding National Park and private land);

7.    Provide information to the community through the City website and water safety signage at key beach access locations, including how persons can access information about shark hazard, including real time information via the SLSWA website and Twitter feed, including appropriate ‘QR’ codes;

8.    Request that the State Government consider funding additional SLSWA services in the City of Busselton to enhance water safety in the State’s premier tourism destination; Support continued State Government engagement in shark hazard response matters; and

9.    That the CEO prepares a more detailed policy to guide the City’s shark hazard response for consideration by the Policy and Legislation Committee.

 

This policy  is intended to provide direction for City’s response to shark sightings and attacks as per points 1 – 7 from 26 November 2014 Ordinary Meeting to direct the City’s response activities and communications to the public related to shark threats, jurisdictions and role clarification of agencies involved in response protocols and to prioritize the City’s response activities.

 

STATUTORY ENVIRONMENT

 

There is no government Hazard Management Agency responsible for the overall management of shark hazard, however, should a shark attack occur the WA Police take control of the incident. WA Police is the Hazard Management Authority for marine search and rescue in Western Australia.

 

Clause 5.3 under the City’s Property Local Law 2010, indicates that an authorized officer may perform

certain functions in relation to beaches which although not being within the boundaries of the City district are regarded for those purposes as being in the district and include the function of erection of

a sign and the regulating, prohibiting or restricting specified activities on the whole or any part of the

beach. The authorised officer may also direct a person to leave the water adjacent to a beach during

dangerous conditions or if a shark is suspected of being in the vicinity of a beach.

 

RELEVANT PLANS AND POLICIES

 

There are currently no plans or policies especially relevant to the consideration of this matter. This policy seeks to establish the City’s approach to responding to shark attacks and sightings

 

FINANCIAL IMPLICATIONS

 

The financial implications associated with implementation of the recommendations of this report include provision and maintenance of signage at key beach access paths displaying details on how to access the most recent and local shark activity.

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter is considered relevant to Key Goal Area 1 ‐ Caring and Inclusive Community and Community Objective 1.1 ‐ A community where people feel safe, empowered, included and enjoy a

sense of good health and wellbeing.

 

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 sought to identify ‘downside’ risks only rather than ‘upside’ risks and where the risk, following implementation of controls, is medium or greater.  As the City has no formal or legal responsibilities and the assessment is of risk to the City, it is reputational risks that have been identified.

 

Risk

Controls

Consequence

Likelihood

Risk Level

Reputational

Shark attack on

unpatrolled beach

Communication plan

to provide shark

activity report

information to the

public.

Moderate

Possible

Medium 13

Reputational

Shark attack during an event

Water based events

organisers' risk

management plans

are required to

consider shark attack

(water management

plan, shark attack

plan, rescue in place,

shark patrols).

Moderate

Unlikely

Medium 9

 

CONSULTATION

 

Staff from South West Local Governments including the Cities of Busselton and Bunbury and Shires of Augusta - Margaret River and Capel have consulted on shark related matters such as the ability of Local Government to provide a reasonable level of care, in responding to shark sightings.

 

In August 2014, officers from South West Local Government and key stakeholder agencies and organisations including the Department of Premier and Cabinet, Department of Fisheries, Department of Parks and Wildlife, WA Police, Surf Life Saving WA and Local Government Insurance Services attended a Shark Response Think Tank meeting. The aim of this Think Tank meeting was to discuss the issues relating to shark hazard and shark sighting response and to pursue the development of risk based procedures and protocols for Local Government and other Authorities that have an inferred responsibility for responding to shark sightings.

 

OFFICER COMMENT

 

The increase in shark attacks and shark sightings along the West Australian coast over recent years has heightened community concern about shark hazard and while a State wide process for reporting shark sightings has been established through the WA Water Police, the responsibility for on ground response to these sightings has been informally devolved to the land manager nearest to the location where each shark is sighted.

 

This inferred responsibility on regional coastal land managers for responding to shark sightings, many of which are Local Governments, has prompted some consternation with this approach, due to  matters such as jurisdiction boundaries, lack of information to make informed decisions to alert the community, unpredictability of sharks, lack of resources to provide permanent beach surveillance over large expanses of coastline, limited Surf Life Saving patrolled beaches and safe swimming enclosures.

 

The City has approximately 90 kilometres of coast line, the majority of which is under the management of the City or Department of Parks and Wildlife.  It is therefore considered appropriate that Council adopt a policy that sets out the City’s direction and protocol for responding to shark attack and shark sightings, as well as the broader approach to water safety warnings and information provided to the public.

 

The City regularly receives reports of shark sighting via the WA Police and SLSWA helicopter surveillance service that operates along the coast during summer, from the Shark Monitoring Network beacons located at Meelup and the Busselton Jetty to detect those sharks tagged by the Department of Fisheries and from the WA Water Police.

 

Shark response in WA is a shared responsibility however, there are limitations within the current shark reporting arrangements to inform on ground response to these sightings. Shark sighting reports received from the SLSWA helicopter surveillance service and from the Shark Monitoring Network generally provide accurate details about the location of the shark, direction of travel, size and species which are essential for making decisions about swimmer safety including erection of signage and informing swimmers that a shark has been sighted in the vicinity. The shark sighting reports from SLSWA helicopter surveillance service and from the Shark Monitoring Network are considered verified and this information is used to inform the City response activities.

 

Shark sightings reported by members of the community via the WA Police are considered less accurate and are reliant on the ability of the person submitting the report to provide accurate information. Shark sighting reports from the general community often lack essential and detailed information. These reports are often lack details as to the shark species, direction of travel and often include approximations about shark size and location of the sighting.

 

Given the uncertainty about the reliability of the shark sighting details, that there is often a brief delay before the City receives the shark sighting report details via WA Police SMS system and that sharks are highly transient and are known to travel at a rate of 2 to 4 kilometers per hour, a shark can travel some considerable distance from its original sighting location after the report. The information received from these sources is considered unverified.

 

The level of response to a shark sighting is governed by resource availability and unless the authorised person for determining the on-ground response, has a very clear basis to think there is a significantly high risk than is normally the case (i.e. there is always a level of risk as only a very small portion of shark activity is ever seen),  signage and beach patrols will not be undertaken as a response  to an unverified shark sighting where the report relates to an unpatrolled beach, except where the unverified shark sighting is more than 2.5 meters in length and is within one 500 meters from the Busselton Jetty and or within 500 meters of the Dunsborough beach area adjacent to the intersection of Dunn Bay Road and Geographe Bay Road.

 

When a shark is sighted at a beach patrolled by SLSWA the on duty life saver will implement the SLSWA shark sighting response procedure to alert swimmers within close proximity to the shark hazard by sounding beach alarms, clearing the water of swimmers and by monitoring the shark presence and opening the beach to swimming, usually 1 hour after the last shark sighting. This policy recognizes the role of SLSWA as the appropriate agency for making decisions to protect swimmers at a SLSWA patrolled beach.

 

This policy also recognizes that better community awareness and education about the shared responsibility of risk is needed. An effective communication plan is considered essential for ensuring the community is provided with the most recent information on local shark sightings to inform their decision to swim in the ocean, particularly at an unpatrolled beach.

 

The WA Governments Shark Smart website together with the Surf Life Saving Twitter feed and smart phone Beach safe application, provide up to date information to the community for WA beaches including patrol information, hazards, warnings, weather information, shark sightings, rescue statistics and general beach information. This policy supports the promotion of information provided from WA Government Shark Smart website and SLSWA Twitter feed as well as promotion through the City’s website, the times and dates of SLSWA patrolled beaches to encourage swimmers to safer swimming locations.

 

CONCLUSION

 

The proposed policy is seen as providing a best practice approach for informing swimmers on the latest shark activity in the area and for swimmer safety and it is recommended that the Council formally adopt the policy.

 

OPTIONS

 

The following options are available to the Council –

- Resolve not to have a policy on these matters; or

- Defer the matter for further discussion and consideration; or

- Resolve to make specific changes to the policy; and or

- Undertake further consultation prior to the adoption of the policy

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Implementation of the officer recommendation will involve publication of the policy on the City’s website and the updating/reviewing of internal procedures and protocols to reflect the policy. Those things would occur within one month of the Council making a resolution consistent with the officer recommendation.

 

Officer Recommendation

 

That the Council resolve to adopt the following policy:

 

Shark Hazard Response

 

1.    PURPOSE

 

The purpose of this policy it to –

1.1.       Provide direction for responding to shark attacks and shark sightings, as well as the broader approach to water safety warnings and information provided to the public.

 

1.2.       Guide the administration of the City of Busselton Property Local Law 2010, under which a sign may be erected to regulate, prohibit or restrict specific activities on the beach or in the water and the giving of directions to swimmers to leave the water if a shark is suspected of being in the vicinity of the beach.

 

2.    SCOPE

 

This policy applies to beach areas under the care, control or management of the City, excluding privately owned land and land in National Park, extending along the coast from the Shire of Capel boundary to the Shire of Augusta Margaret River boundary.

 

3.    INTERPRETATION

 

Authorised Person means the Chief Executive Officer or a person or class of persons appointed under section 9.10 of the Local Government Act 1995 for the purpose of administering the City of Busselton Property Local Law 2010 and Jetty Local Law 2014

 

SLSWA means Surf Life Saving Western Australia

 

Patrolled Beach means a beach that has a SLSWA beach safety and surveillance service in operation.

 

Unverified Shark Sighting means a shark sighting reported to the City from Water Police WA  and forwarded to the City from the Water Police WA.

 

Verified Shark Sighting means a shark sighting reported to the City by the SLSWA Helicopter service and or WA Government Shark Monitoring Network.

 

4.    GENERAL PRINCIPLES

 

4.1.       The Chief Executive Officer will prepare more detailed internal procedures/protocol to supplement this policy and to guide operational staff in the exercise of their functions. The Chief Executive Officer will consult with Councillors as appropriate in the development of those procedures/protocol.

 

4.2.       This policy recognises that at a beach patrolled by SLSWA, the on duty life saver will be responsible for implementing shark sighting response in accordance with the SLSWA standard operating procedures.

 

4.3.       The City will engage with the Geographe Bay Tourism Association and Busselton Jetty Environment and Conservation Association with the aim of having these organisations assist the City’s response to shark sightings including the active placement of shark sighting signage at the Busselton Beachfront and on the Busselton Jetty generally in accordance with this policy.

 

4.4.       Shark sighting reports received from the SLSWA helicopter surveillance service and Shark Monitoring Network generally provide details about the location of the shark, size, species and in some instances direction of travel, which are essential for making decisions about swimmer safety. The SLSWA helicopter surveillance and Shark Monitoring Network service when available, will inform the City’s response to a shark sighting.

 

4.5.       In the event of a shark attack fatality, WA Police are the lead agency. The City will provide assistance with the management of the shark attack and implement beach safety measures as considered necessary and under the direction of the WA Police.

 

4.6.       Where an order to capture a shark has been granted to the Department of Fisheries and a direction given to swimmers to leave the water following a shark attack, the decision to re-opening a beach for swimming should be not less than 24 hours after the shark attack occurred and or after the Department of Fisheries advise that the order to capture the shark has been lifted.

 

4.7.       Better community awareness and education about the shared responsibility of risk is needed. The City will actively promote the WA Governments Shark Smart website, SLSWA twitter feed and other communication platforms in place to inform the community of recent reports of shark activity.

 

5.    POLICY CONTENT

 

5.1.  At a Patrolled Beach, an SLSWA life guard is the authorised person for responding to a shark sighting and for implementing the SLSWA response procedure which may include sounding alarms to alert swimmers, clearing the water of swimmers and monitoring shark presence.

 

5.2.  Subject to availability, City Rangers (6am – 6pm and noting that fire or dog attacks take precedence) are authorised persons for the purpose of responding to a verified shark sighting at an unpatrolled beach  as follows:

 

5.2.1.     If the shark sighted is less than 2.5 metres in length, the City will maintain normal operations and not take any action.

 

5.2.2.     If the shark sighted is greater than 2.5 meters in length and less than 500 meters from the shore, temporary signage is to be placed on the beach immediately adjacent to the shark sighting location, at intervals of approximately 500 metres and/or on key beach entry points, for a distance of approximately 500 meters from a point on the beach immediately adjacent to the shark sighting location.

 

5.2.3.     Signage installed on a beach shall not mean beach closure and shall be advisory signage only and remain in place for at least two hours from the time of installation after the last shark sighting (if after 5pm, signs are to remain in-situ overnight).

 

5.3.  Unless the authorised person has a very clear basis to think there is a significantly high risk than is normally the case (i.e. there is always a level of risk as only a very small portion of shark activity is ever seen)  the  City will generally not install signage and patrol beaches as a response to an unverified shark sighting where the report relates to an unpatrolled beach, except where the unverified shark sighting is more than 2.5 meters in length and is within one 500 meters from the Busselton Jetty and or within 500 meters of the Dunsborough beach area adjacent to the intersection of Dunn Bay Road and Geographe Bay Road.

 

5.4.  In response to a shark sighting at the Busselton Jetty an authorised person will install on the Busselton Jetty in an appropriate location, signage approved by the City to inform the public entering the Busselton Jetty of the time and location of shark sighting. Signage shall remain in place for at least two hours after the last shark sighting (if after 5pm, signs are to remain in-situ overnight).

 

5.5.  Community awareness of shark hazard will be promoted by:

 

5.5.1.     Providing information on the City website about how to access recent reports of shark activity from the WA Government information and communication platforms including Shark Smart website and SLSWA Twitter feed, the times and dates of SLSWA patrolled beaches to encourage swimmers to SLSWA patrolled beaches and the beach enclosures at Dunsborough and Busselton.

 

5.5.2.     Installing permanent signage at key beach car parks to inform and promote to beach users, how to access the most recent information on local shark activity and include appropriate QR codes for international visitors.

 

5.5.3.     Temporary signage installed in accordance with this policy shall inform beach users and swimmers that a shark has been sighted in the vicinity and provide information on how to access the latest shark sighting report information from SLSWA and from the WA Government information and communication platforms.

 

Note: Upon further review of the draft Policy after Committee consideration, officers are            recommending a minor change to the draft Policy, which is reflected in the Amended Officer Recommendation presented below. The change relates to clause 5.2 of the draft Policy, and            clarifies that City Rangers are authorised officers at all times, not just when they are available           to act, but will nevertheless only be able to act and exercise their authorisation when they are actually available and response to this particular issue is able to be prioritised, cognisant              of the need to prioritise work where there are competing priorities and finite resources.

 

 

 

 

 

 

 

 

 

 

 

 

Council Decision / Amended Officer Recommendation

C1510/286    Moved Councillor G Bleechmore, seconded Councillor J Green

 

That the Council resolve to adopt the following policy:

 

Shark Hazard Response

 

1.    PURPOSE

 

The purpose of this policy it to –

1.1.       Provide direction for responding to shark attacks and shark sightings, as well as the broader approach to water safety warnings and information provided to the public.

 

1.2.       Guide the administration of the City of Busselton Property Local Law 2010, under which a sign may be erected to regulate, prohibit or restrict specific activities on the beach or in the water and the giving of directions to swimmers to leave the water if a shark is suspected of being in the vicinity of the beach.

 

2.    SCOPE

 

This policy applies to beach areas under the care, control or management of the City, excluding privately owned land and land in National Park, extending along the coast from the Shire of Capel boundary to the Shire of Augusta Margaret River boundary.

 

3.    INTERPRETATION

 

Authorised Person means the Chief Executive Officer or a person or class of persons appointed under section 9.10 of the Local Government Act 1995 for the purpose of administering the City of Busselton Property Local Law 2010 and Jetty Local Law 2014

 

SLSWA means Surf Life Saving Western Australia

 

Patrolled Beach means a beach that has a SLSWA beach safety and surveillance service in operation.

 

Unverified Shark Sighting means a shark sighting reported to the City from Water Police WA  and forwarded to the City from the Water Police WA.

 

Verified Shark Sighting means a shark sighting reported to the City by the SLSWA Helicopter service and or WA Government Shark Monitoring Network.

 

4.    GENERAL PRINCIPLES

 

4.1.       The Chief Executive Officer will prepare more detailed internal procedures/protocol to supplement this policy and to guide operational staff in the exercise of their functions. The Chief Executive Officer will consult with Councillors as appropriate in the development of those procedures/protocol.

 

4.2.       This policy recognises that at a beach patrolled by SLSWA, the on duty life saver will be responsible for implementing shark sighting response in accordance with the SLSWA standard operating procedures.

 

4.3.       The City will engage with the Margaret River Busselton Tourism Association and Busselton Jetty Environment and Conservation Association with the aim of having these organisations assist the City’s response to shark sightings including the active placement of shark sighting signage at the Busselton Beachfront and on the Busselton Jetty generally in accordance with this policy.

 

4.4.       Shark sighting reports received from the SLSWA helicopter surveillance service and Shark Monitoring Network generally provide details about the location of the shark, size, species and in some instances direction of travel, which are essential for making decisions about swimmer safety. The SLSWA helicopter surveillance and Shark Monitoring Network service when available, will inform the City’s response to a shark sighting.

 

4.5.       In the event of a shark attack fatality, WA Police are the lead agency. The City will provide assistance with the management of the shark attack and implement beach safety measures as considered necessary and under the direction of the WA Police.

 

4.6.       Where an order to capture a shark has been granted to the Department of Fisheries and a direction given to swimmers to leave the water following a shark attack, the decision to re-opening a beach for swimming should be not less than 24 hours after the shark attack occurred and or after the Department of Fisheries advise that the order to capture the shark has been lifted.

 

4.7.       Better community awareness and education about the shared responsibility of risk is needed. The City will actively promote the WA Governments Shark Smart website, SLSWA twitter feed and other communication platforms in place to inform the community of recent reports of shark activity.

 

5.    POLICY CONTENT

 

5.1.  At a Patrolled Beach, an SLSWA life guard is the authorised person for responding to a shark sighting and for implementing the SLSWA response procedure which may include sounding alarms to alert swimmers, clearing the water of swimmers and monitoring shark presence.

 

5.2.  City Rangers are authorised persons for the purpose of responding to a shark     sighting. Subject to availability (i.e. during rostered hours, usually 6am-6pm, seven days per week, and when priorities allow, noting that fire/emergency management response, dog attacks or other work that addresses more pressing risks will be prioritised when there is a need to prioritise due to resources being finite), City Rangers will respond to a verified shark sighting at an unpatrolled beach as follows:

 

5.2.1.     If the shark sighted is less than 2.5 metres in length, the City will maintain normal operations and not take any action.

 

5.2.2.     If the shark sighted is greater than 2.5 meters in length and less than 500 meters from the shore, temporary signage is to be placed on the beach immediately adjacent to the shark sighting location, at intervals of approximately 500 metres and/or on key beach entry points, for a distance of approximately 500 meters from a point on the beach immediately adjacent to the shark sighting location.

 

5.2.3.     Signage installed on a beach shall not mean beach closure and shall be advisory signage only and remain in place for at least two hours from the time of installation after the last shark sighting (if after 5pm, signs are to remain in-situ overnight).

 

5.3.  Unless the authorised person has a very clear basis to think there is a significantly high risk than is normally the case (i.e. there is always a level of risk as only a very small portion of shark activity is ever seen)  the  City will generally not install signage and patrol beaches as a response to an unverified shark sighting where the report relates to an unpatrolled beach, except where the unverified shark sighting is more than 2.5 meters in length and is within one 500 meters from the Busselton Jetty and or within 500 meters of the Dunsborough beach area adjacent to the intersection of Dunn Bay Road and Geographe Bay Road.

 

5.4.  In response to a shark sighting at the Busselton Jetty an authorised person will install on the Busselton Jetty in an appropriate location, signage approved by the City to inform the public entering the Busselton Jetty of the time and location of shark sighting. Signage shall remain in place for at least two hours after the last shark sighting (if after 5pm, signs are to remain in-situ overnight).

 

5.5.  Community awareness of shark hazard will be promoted by:

 

5.5.1.     Providing information on the City website about how to access recent reports of shark activity from the WA Government information and communication platforms including Shark Smart website and SLSWA Twitter feed, the times and dates of SLSWA patrolled beaches to encourage swimmers to SLSWA patrolled beaches and the beach enclosures at Dunsborough and Busselton.

 

5.5.2.     Installing permanent signage at key beach car parks to inform and promote to beach users, how to access the most recent information on local shark activity and include appropriate QR codes for international visitors.

 

             5.5.3.  Temporary signage installed in accordance with this policy shall inform beach users                        and swimmers that a shark has been sighted in the vicinity and provide information                   on how to access the latest shark sighting report information from SLSWA and from               the WA Government information and communication platforms.

CARRIED 9/0

En Bloc

 


Council                                                                                      45                                                               14 October 2015

10.6           Airport Advisory Committee - 23/09/2015 - BUSSELTON REGIONAL AIRPORT - AIRPORT UPDATE

SUBJECT INDEX:

Airport Operations

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Commercial Services

ACTIVITY UNIT:

Commercial Services

REPORTING OFFICER:

Airport Operations Coordinator - David Russell

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

 

This item was considered by the Airport Advisory Committee at its meeting on 23 September 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report provides an overview on the Busselton Regional Airport (BRA) operations and activities for the reporting period 1 July to 31 August 2015.

 

BACKGROUND

 

As reported at the June Airport Advisory Committee (AAC) meeting, Virgin Australia Regional Airlines (VARA) cancelled the last remaining Regular Passenger Transport (RPT) flight operating from the BRA in April 2015. As a result of this, City Officers applied to the Office of Transport Security (OTS) to change its security classification from Category 5 to Category 6 (no screening operations) which has now been approved. This change in classification enables the airport to remain a secure airport, maintaining the existing security culture, and enable an easier transition to Category 3 reclassification in the future to include screening services as the airport development progresses.

 

Also as reported at the June AAC meeting the Aerodrome Emergency Plan had been forwarded to Civil Aviation Safety Authority (CASA) for approval, this plan has now been accepted by CASA resulting in the completion of the update of the Aerodrome Manual which has now been forwarded to CASA for approval.

                   

FIFO Charter passenger numbers have seen a slight increase through the BRA in the last 2 months. Below is a table indicating the number of FIFO Charter passengers arriving and departing through the airport for the reporting period 1 July 2015 to 31 August 2015 in comparison to previous years:

 

 

Departing FIFO Passengers

Arriving FIFO Passengers

 

2013

2014

2015

2013

2014

2015

July

1017

1225

1269

838

954

1008

August

871

1137

1177

530

871

944

Total

1888

2362

2446

1368

1825

1952

 

 

The total number of departing FIFO services to mine sites is currently at 14 flights per week.

 

The BRA has seen a reduction in the instances of damage to the car park exit barriers, however it has been discovered that some people are exiting the car park using fraudulent tickets and without paying. These carpark patrons arrive via bus at night, outside of the BRA operational hours and hence there are no staff onsite.  City Officers have been working closely with Rio Tinto to educate their arriving mine site employees on the correct procedures regarding the car parking at the BRA. Officers have engaged the supplier of the carpark payment machines (Romex) to disable the operating function that allows the exiting with fraudulent tickets.

 

Additionally, Airport Officers are planning to implement EFTPOS / credit card facilities and will investigate the implementation of CCTV in the next few months which will make it easier for patrons using the car park and increase security.

 

Security to the airside areas has been improved with the change of access gate codes following staff changes as per the Transport Security Program. Improvements to gate signage have been completed to assist airport users and emergency services requiring airside access.

 

Busselton Aero Club

 

A presentation, question and answer session on the Busselton Regional Airport Redevelopment Project was provided by City Officers at the Busselton Aero Club’s Annual General Meeting held on 2nd of August 2015. City officers will continue to update the Club throughout the project development.

 

Busselton Aero Club – Aerofest 2016

 

The City of Busselton has received a request from the Busselton Aeroclub for a waiver of landing fees for visiting aircraft attending the Aerofest event planned for 5th and 6th March 2016 (subject of a separate agenda report).

 

The City has also provided a letter of support to the Busselton Aero Club for the event  so that the Club can progress their CASA and RAAF applications; both applications require the Airport owner/operator to indicate approval for the event.

NMP non-compliances, Compliance reporting / EPA audit report

 

Under the Noise Management Plan (NMP) the City is required to submit its annual compliance report to the Office of Environmental Protection Authority (OEPA) prior to 22 September 2015 for the reporting period of 23 June 2014 to 22 June 2015.

 

The annual compliance report was submitted in late July 2015 and reported that twelve (12) out of an available twelve (12) CEO approved non-conforming activities (Section 3.3.3 Approval for Non-Conforming Activity of the NMP) were used. Additionally, the compliance report stated that three non-compliant incidents of flight training had been reported to the Office of the Environmental Protection Authority (OEPA) during the reporting period and seven other non-compliances had occurred during the year but in accordance with the Compliance Assessment Plan (CAP) these are only required to be reported in the annual compliance reporting.

 

The City received the OEPA Notice of Desktop Audit of Ministerial Statement 901 and 1009 following assessment of the City’s annual compliance report on 14 September 2015 which reported that the City of Busselton is complying with the requirements of the Statements 901 and 1009. Officers will ensure that the 2014/2015 compliance reporting is posted on the City’s website in accordance with the NMP.

 

The first review of the NMP was submitted to the OEPA in 2014 with a number of amendments considered. The City of Busselton was advised by the OEPA on 7th July 2015 that the Minister for Environment; Heritage has approved the changes to the NMP and issued new Ministerial Statement 1009. The Busselton Regional Airport Noise Management Plan (2015) has now been implemented and posted on the City’s website as well as regular BRA air operators notified of the changes.

 

Since the start of the new reporting period of 23 June 2015, four CEO approved non-conforming activities have been authorised to date.

 

STATUTORY ENVIRONMENT

 

The Busselton Regional Airport operates in accordance with the following: Aviation Transport Security Act 2004, Aviation Transport Security Regulations 2005, CASA MOS 139, Council’s Transport Security Plan and City policies and procedures.

 

RELEVANT PLANS AND POLICIES

 

There are no policy implications with this report.

 

FINANCIAL IMPLICATIONS

 

Airport revenue for the 2015/2016 financial year received to date is $139,573 compared to a projected YTD budget of $300,027. The main reason that revenue is below expected is due to not receiving payment from VARA for both landing fees and passenger fees in this financial year estimated at $100,000. Officers are liaising with VARA to ensure that payments are made in a timely manner. Car parking revenue is also below expected which has been partly impacted by the use of fraudulent tickets and non-payment by certain patrons.

 

Airport expenditure for 2015/2016 financial year to date is $150,242 compared to a projected YTD Budget amount of $271,851. Expenditure is less than expected due to a decrease in wages and the majority of maintenance tasks being deferred until the summer months.

 

Long-term Financial Plan Implications

 

There are no financial implications as a result of this report.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Busselton Regional Airport is consistent with following the City of Busselton’s strategic Objectives:

 

Well Planned, Vibrant and Active Places:

 

·    Infrastructure Assets that are well maintained and responsibly managed to provide for future generations;

 

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

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk assessment framework. The assessment sought to identify ‘downside’ risks only rather than ‘upside’ risks and where the risk, following implementation of controls, has been identified as medium or greater. No such risks were identified.

 

CONSULTATION

 

Consultation with Department of Transport, South West Development Commission, Aviation Projects, Government agencies, Airport stakeholders, Office of Transport Security (OTS), Civil Aviation Safety Authority (CASA), Virgin Australia Regional Airline, the Busselton Aero Club, Maroomba Airlines, Emergency Service Agencies, Albany, Esperance, Geraldton Airports and Australian Airports Association has been occurring on a regular basis concerning many topics and issues relating to the Airport.

 

OFFICER COMMENT

 

Staffing levels at the airport have returned to required levels with the recent employment of 1 x full time airport reporting officer and 1 x part time airport reporting officer after resignations over the last 8 months. Officers are currently undertaking a review of the Airport website information and preparing a design that will be used in consultation with IT to develop a new, standalone Busselton Regional Airport website.  A review and assessment of the Wildlife Management Plan database and recorded data is under way in understanding the wildlife species and bird movements at different times of the year to provide better information to airport users of the potential risks from wildlife in the vicinity of the airport.

 

Other maintenance and projects include:

·    Development of a Crane/ Airspace Access Form is underway to provide City Officers a better understanding of airspace penetration and Obstacle Limitations Surface restrictions in regard to crane and building applications.

 

·    Airport Officers in conjunction with the Building Department are proceeding with permits for a staff room facility at the airport for airport employees including City staff and external contractors such as Margaret River Busselton Tourism Association.

 

·    Officers are also in the process of removing all airside farm fences to improve the aesthetics of the airport and safety of aircraft should they venture from the runway.

 

·    The development and distribution of a Fly Neighbourly Agreement for airport users as per the BRA Noise Management Plan has been completed to minimise noise impact to residents from BRA regular aviation operators including emergency services.

 

·    Requests have been received by the City of Busselton for lease areas for three new hangars. The expected hangar sizes are in the region of 20mx20m or 20mx30m and Officers will wait for the completion of the Busselton Regional Airport Master Plan which is expected in November 2015 before progressing these opportunities.

 

CONCLUSION

 

The beginning of 2015/16 financial year has been a busy period with a number of operational improvements taking place including perimeter road and carpark surface repairs, vegetation growth maintenance, removal of airside farm fences and numerous standard operating and procedural improvements. Additionally, with the commencement of new staff inductions have been undertaken to ensure that the Airport is functioning safely and efficiently.

 

OPTIONS

 

The Council chooses not to accept the Officers report.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Not Applicable.

 

Council Decision / Committee Recommendation and Officer Recommendation

C1510/287    Moved Councillor G Bleechmore, seconded Councillor J Green

 

That the Council receives and notes the Airport operations report.

CARRIED 9/0

En Bloc

 


Council                                                                                      51                                                               14 October 2015

10.8           Airport Advisory Committee - 23/09/2015 - BUSSELTON REGIONAL AIRPORT- MARGARET RIVER BUSSELTON TOURISM ASSOCIATION LICENCE AGREEMENT

SUBJECT INDEX:

Busselton Regional Airport

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Commercial Services

ACTIVITY UNIT:

Community and Commercial Services

REPORTING OFFICER:

Manager, Commercial Services - Jennifer May

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Draft Licence Agreement MRBTA - Final  

 

This item was considered by the Airport Advisory Committee at its meeting on 23 September 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report seeks Council endorsement to enter into a new Licence Agreement with the Margaret River Busselton Tourism Association to operate ticketing, ground handling and marshalling services at the Busselton Regional Airport.

 

BACKGROUND

 

The Margaret River Busselton Tourism Association (MRBTA), formerly the Geographe Bay Tourism Association (GBTA) commenced ticketing, ground handling and marshalling services at the Busselton Regional Airport (BRA) in 2008. These services were required for the first Fly in Fly Out closed charter services for Rio Tinto, with GBTA contracted by the airline to provide the services. An informal arrangement was in place between the then Shire of Busselton and GBTA for office space to be used as a ticketing office and for GBTA staff members to be provided airside access and area for ground handling/aircraft equipment storage. This arrangement remained in place until 2014 when the City of Busselton entered into a licence with GBTA to provide licenced activities within a specified licenced area including the following;

 

(a)    Aircraft marshalling and parking for RPT and Charter operations where ground handling services are required;

(b)   Passenger and baggage check-in services for RPT and Charter Operations as agreed between GBTA and airlines operators;

(c)    Baggage handling services, including transporting passenger baggage RPT and Charter Operations from secured landside zones  to airside locations and loading of baggage into aircraft hold areas;

(d)   Baggage handling services, including unloading and transporting passenger baggage from aircraft hold to baggage collection areas for RPT and Charter Operations; and

(e)   Assist with refuelling of aircraft used for RPT and Charter Operations where required.

 

The existing licence agreement enables MRBTA to provide ticketing, ground handling and marshalling services as well as airside access and informally the use of an office area to manage their general operations for a fixed term until 30 June 2015, whereby the licence will continue indefinitely with either Party entitled to terminate the agreement on three months prior written notice. A standard licence fee was charged for the administration costs of the licence to the value of $156.36 p.a. excluding GST. The main reason for entering into a shorter term licence agreement at the time was due to the planned Stage 1b capital works program, including the terminal expansion and construction of an additional apron, which would subsequently provide different office space for MRBTA and change the licenced areas. 

The existing licence terminated on 30 June 2015 and has been continuing on an indefinite basis while the terms and conditions of a new licence agreement have been negotiated with MRBTA. The new licence agreement, subject of this report, includes an expanded licence area incorporating the new terminal (check-in and arrival areas) and surrounds, new apron area and also part of the general aviation area (Bay3/3a and parking areas) to allow for the refuelling services that MRBTA provide for specific airline operators. In addition the licence agreement includes the use of an office area and for the following licenced activities;

 

 The Licensee shall be entitled to conduct the following activities on/within the Licensed Areas:

 

(a)  Aircraft marshalling and parking for RPT and Charter Operations where ground handling services are required;

(b)  Passenger and baggage check-in services for RPT and Charter Operations as agreed between MRBTA and airline operators;

(c)   Baggage handling services, including transporting passenger baggage RPT and Charter Operations from secured landside zones to airside locations and loading of baggage into aircraft hold areas; 

(d)  Baggage handling services, including unloading and transporting passenger baggage from aircraft hold to baggage collection areas for RPT and Charter Operations; and

(e)  Assist with refuelling of aircraft used for RPT and Charter Operations where required.

 

The licence agreement also includes a new licence fee for the use of the office space and licenced areas in addition to a standard licence fee for the administration and issuing of the licence. The fee introduced for the use of the office area and licenced area has been based on a market valuation provided by a certified property valuer and a proportion of the replacement costs of terminal furniture and equipment associated with providing the licenced activities; including but not limited to check-in counters, gate counters, roller beds and the use of facilities in the wider licenced area of the terminal, apron and surrounds. The total licence fees are set at $4,500 excluding GST p.a of which $2000 is the market valuation for the office space.   

 

STATUTORY ENVIRONMENT

 

When disposing of property whether by sale, lease or other means a Local Government is bound by the requirement 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 enlisted 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 MRBTA is such that this exemption applies.

 

RELEVANT PLANS AND POLICIES

 

There are no policy implications with this report.

 

FINANCIAL IMPLICATIONS

 

The licence agreement includes a licence fee and fee for use of the office and licenced areas which has been included in the 2015/2016 Airport Operations Annual Budget. The total fees applicable under the licence agreement are $4,656.36 excluding GST. Further clauses are included in the licence agreement for the consumption of electricity for the office area which is set at 1% of the total electricity charges for the terminal building. This is based on the office area calculated as a percentage of the total terminal building.

STRATEGIC COMMUNITY OBJECTIVES

 

The Busselton Regional Airport is consistent with following the City of Busselton’s Strategic Community Plan 2013:-

 

Connected City:

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

·    A community that is well connected to its neighbour and the broader world.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the Officer recommendation has been undertaken using the City’s risk assessment framework. There are no risks rated at medium or higher associated with implementing the Officers recommendation.

 

CONSULTATION

 

Consultation has been held with Attractions Manager from MRBTA. Consultation has also occurred with a registered property valuer in attaining a market value for the exclusive office area.

 

OFFICER COMMENT

 

MRBTA have been a contractor at the BRA for seven years and have developed a good working relationship with City officers responsible for the operations of the Airport. During this time, informal arrangements have been in place enabling MRBTA to operate and provide ticketing, ground handing marshalling services at the Airport. Stage 1b development of the Airport and in particular the terminal expansion and construction of the new apron bay has meant that City Officers are applying a more commercial approach to the use of the Airport by third parties and contractors resulting in a revised licence agreement between the City of Busselton and MRBTA. The new licence agreement takes in account the use of an office area for MRBTA to run their operations as well incorporating other areas within the terminal, apron areas and surrounds in which MRBTA will conduct their licenced activities. A new licence fee has been introduced to reflect the inclusion of office space and also the provision of furniture and equipment that MRBTA will use to conduct their operations.

 

CONCLUSION

 

Officers have consulted with MRBTA in the drafting of the new licence agreement and propose that this licence is executed to reflect the commercial value of the facilities and office area that are being used by MRBTA in their operations at the Airport. Officers recommend that the Council endorse entering into the licence agreement with MRBTA for the use and provision of licenced activities at the Busselton Regional Airport.

 

OPTIONS

 

The Airport Advisory Committee may choose to not accept the Officer’s recommendation.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The licence agreement will be executed with MRBTA as soon as practicable following the Council’s decision. 

 

 

Council Decision / Committee Recommendation and Officer Recommendation

C1510/288    Moved Councillor G Bleechmore, seconded Councillor J Green

 

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council authorises the CEO to enter into a licence agreement with the Margaret River Busselton Tourism Association Inc. for the occupation of a portion of Lot 9001, Plan 32476, Volume 2536, Folio 973, Neville Hyder Drive, Yalyalup as identified in Attachment A.

CARRIED 9/0

En Bloc

 


Council                                                                                      55                                                               14 October 2015

11.3           DA15/0378:PROPOSED OUTBUILDING: LOT 92 SHALLOWS LOOP YALLINGUP

SUBJECT INDEX:

Development Application

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Development Services and Policy

ACTIVITY UNIT:

Statutory Planning

REPORTING OFFICER:

Planning Officer, Statutory Planning - Carly Rundle

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Development Plans

Attachment b    Location Plan

Attachment c    Site Plan

Attachment d   Schedule of Submissions  

  

PRÉCIS

 

Council’s determination is required for an application received for an oversized and over-height outbuilding ancillary to the intensive agriculture uses occurring on site at Lot 92 Shallows Loop, Yallingup.

 

The outbuilding was previously approved by Council, although conditioned to be reduced in size from 300m2 to 160m2, and subject to an appeal by the applicant was approved as proposed via a State Administrative Tribunal decision, which has now lapsed. The proponent is now requesting a new approval for development substantially similar to the previous proposal approved by the Tribunal, but some amendments to the height and size are proposed, and the application has been referred to Council for determination due to the contentious nature and Council involvement in assessment of the previous proposal, the need to highlight changes in the broader planning framework relating to development in Rural-Residential areas over the intervening period and, to a lesser extent, due to the number of submissions received about the proposal. A key concern of some with the previous application was the potential introduction of further commercial land uses, such as the storage and wholesale of wine from the property. In recent years there the City has and is progressing amendments to the statutory provisions of the Scheme to facilitate the expansion and diversification of small scale commercial activities within the Rural Residential area generally, including in the Commonage, such as proposed in this application. This future direction for land use within the Rural Residential zone is discussed further in this report.

 

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

 

BACKGROUND

 

The City has received an application (DA15/0378) for an oversized and over-height outbuilding ancillary to the intensive agriculture uses occurring on site at Lot 92 Shallows Loop, Yallingup (see Attachment A for the Development Plans). An additional building envelope is also proposed to satisfy scheme provisions which require all development to be contained within an approved building envelope. A Location Plan and Site Plan are provided at Attachments B and C respectively. 

 

Lot 92 Shallows Loop is 7.906ha in area, contains an established vineyard of approximately 3.0ha in area and a dam which provides water supply to this vineyard and the vineyard on adjoining Lot 108. The proposed outbuilding is located in the north west corner of Lot 92, which is in proximity to the bottom of a valley with land sloping upwards from the outbuilding to the north, south, east and west. A Public Recreation Reserve adjoins the north and east boundaries of the property and contains a pedestrian access way. 

The property is zoned ‘Rural Residential’, located within the ‘Landscape Value Area’ and is identified as a ‘Rural Production/Open Landscape Unit’ within the Commonage Consolidated Structure Plan. The South Biddle Road Precinct Structure Plan identifies that uses that would receive support from Council within the precinct include:

 

‘Rural Production including viticulture, horticulture and other more intensive agricultural activities wherein the methods employed are compatible with a low density residential environment.’

 

The designation of the lot as ‘Rural Production’ allows for ‘Intensive Agriculture’ as a permitted use, which would otherwise be prohibited on a Rural Residential zoned lot under 20ha in area. The property is surrounded by lots zoned ‘Rural Residential’ and two further rural production lots to the north and west which also contain established vineyards.

 

An additional building envelope of 710m2 is proposed to accommodate the oversized outbuilding of 24m by 12.5m (300m2). An undercover (lean to) area of 323.4m2 is proposed to be attached to the outbuilding over the external hardstand area. The outbuilding has a proposed wall height of 4.7m and a ridge height of 5.91m, although due to the slope of the land, the height from natural ground level (NGL) varies. The maximum height of the outbuilding is 6.53m from NGL due to fill on the northern side to create a level pad, although the outbuilding when viewed from other elevations will appear to be of a lower height at points due to the outbuilding also being cut into NGL at the southern end. 

 

The applicant has provided that the purpose of the outbuilding is to provide storage for machinery and equipment to manage the vineyard existing on the property and other general purposes ancillary to a Rural Residential property.   

 

The existing building envelope on the property is located in the south east corner. It was established at the time of subdivision and amended via a SAT decision in 2009 (DR 243 2008).

A separate SAT Application (DR 298 2008) approved an additional building envelope and oversized and over-height outbuilding ancillary to the Rural Production use occurring on site. The outbuilding was originally approved by the City (via a Council decision) subject to conditions which required the size of the outbuilding being reduced from 300m2 to 160m2, and the outbuilding being relocated so that no mature vegetation was to be removed.

 

The applicant appealed the condition, with Council’s decision subsequently being overturned by the State Administrative Tribunal.  The outbuilding was approved by the Tribunal as originally proposed, subject to conditions including that the use of the building was at all times to be ancillary to the intensive agricultural use of the lot, compliance with setbacks and submission of a detailed landscape plan. Construction of the outbuilding did not commence and the approval lapsed on 17 May 2011.  This application is essentially reapplying for the outbuilding as previously approved, with the following modifications:

 

·    The height has increased from the previously approved wall height of 4.25m and ridge height of 4.9m to a wall height of 4.7m and a ridge height of 5.91m which includes a newly proposed mezzanine area of 6m by 12m (72m2); and

 

•     The undercover (lean to) area has increased from the previously approved 150m2 to 323.4m2.

 

There has been no change in the development provisions (notwithstanding land use permissibility changes to the Rural Residential zone) of the Scheme or policy specifically relating to the subject proposal since the SAT decision.

The proposal was referred to adjoining landowners for a period of 14 days, ending 24 August 2015. A total of six submissions were received objecting to the proposal or aspects of the proposal and the issues raised are discussed further below. 

 

STATUTORY ENVIRONMENT

 

The key elements that relate to the proposal are set out in the Local Planning Scheme No.21 (referred to herein as the ‘Scheme’). The property is zoned ‘Rural Residential’ and located within a ‘Landscape Value Area’. The property is located within the Commonage Consolidated Structure Plan and the South Biddle Road Precinct Structure Plan. Pursuant to Part 7 of the Scheme, development of the land is to comply with the adopted Structure Plans and/or Development Guide Plan.

 

The proposal will not be inconsistent with the provisions of the Structure Plans, and consideration of the additional building envelope and outbuilding are to be assessed in accordance with Scheme provisions.

 

The objectives of the ‘Rural Residential’ zone, especially relevant to this proposal are:

 

b)            To ensure development maintains the rural character of the locality, maintains a high level of residential amenity and minimises disturbance to the landscape through construction of buildings and structures, clearing, earthworks and access road.

 

d)            To discourage or prohibit development not compatible with the predominantly rural nature and residential amenity of the zone.

 

e)            To enable the development of land for other purposes where it can be demonstrated by the applicant that suitable land or buildings for the proposed purposes are not available elsewhere, and where such purposes would not detrimentally affect the rural residential character of nearby land.

 

The policies of the ‘Rural Residential’ zone especially relevant to this application are:

 

f)            To adequately protect any areas or sites of conservation value within the design of any subdivision or development.

 

h)           To implement and adhere to the adopted recommendations and outcomes of the Local Rural Planning Strategy, adopted by local government and endorsed by the Commission.

 

i)             To provide opportunities for small scale agriculture on cleared land of a type that will not lead to conflicts with the rural residential use of adjoining land.

 

In accordance with policy provision h), the Local Rural Strategy (adopted in 2004) identifies that the Commonage Rural Residential precinct has a poor economic and social vitality and needs a more mixed range of land uses and population. As a response to this, the strategy identifies that a key vision for the precinct is to allow for small scale commercial land uses that will be compatible with the rural residential amenity of the area, as well as an objective to acknowledge and facilitate an increasing diversity of low key commercial agricultural processing and tourist uses to provide sustainable opportunities.

 

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

 

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

 

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

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

(c)    Disturbance to the natural environment, including:

i)   Visual effects of clearing for development;                

ii)  Maintenance of rural character; and

iii) Habitat disturbance.

 

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

 

a)     The siting of the proposed building;

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

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

 

Table 2 – Zoning Table of the Scheme sets out land uses that may be considered within a zone. The land use of ‘Intensive Agriculture’ is defined in Schedule 1 as:

 

             means any land or buildings used for trade or commercial purposes for the following:

a)            The production of grapes, vegetables, flowers, fruit and nuts;

b)            Cultivating plants in a wholesale plant nursery.

 

Intensive Agriculture is a prohibited land use in the Rural Residential zone, unless the site is identified for rural or primary production on a Development Guide Plan in accordance with Clause 5.5.3, and/or is over 20ha in area. The property is identified for ‘Rural Production’ and therefore the land use of ‘Intensive Agriculture’ is a permissible land use. 

 

Clause 5.5 of the Scheme requires all dwellings and incidental development in the Rural Residential zone to be located within an approved building envelope. Clause 5.5 allows for the City to approve development which proposes to vary a standard of the Scheme provided that the local government has consulted adjoining landowners, considered any submissions received and is satisfied that –

 

a)            Approval of the proposed development would be appropriate having regard to the matters to be considered set out in Clause 11.2;

b)            Approval of the proposed development would be consistent with the orderly and proper planning of the locality and the preservation of amenities of the locality; and

c)            The non-compliance will not have an adverse effect upon the occupiers or users of the development, the inhabitants of the locality or the likely future development of the locality.

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

 

(f)           Any Local Planning Policy adopted by the local government under Clause 2.3…;

(i)     The compatibility of a use or development within its setting;

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

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

 (z)   any relevant submission received on the application;

 

RELEVANT PLANS AND POLICIES

 

The assessment of the proposal is guided by a number of policies. The key policy implications are outlined below.

 

Local Planning Policy 3F – Reflective Building Materials

 

This policy provides guidance on what materials are considered non reflective and dark tones to comply with the requirement for ‘prescribed materials’ in the Landscape Value Area. The external materials proposed to be used for the outbuilding are ‘Colorbond – Woodland Grey’. This is classified as dark and non-reflective by the policy and complies with policy and scheme provisions. 

 

Local Planning Policy 3H – Outbuildings

 

This policy provides guidance on the assessment of outbuildings within the Rural Residential zone. The policy permits outbuildings of up to 120m2 in area and up to 160m2 subject to consultation with adjoining landowners and a maximum wall height of 3.6m and a maximum ridge of 5.5m will be accepted without neighbour’s comments.

 

Applications for an oversized or over-height outbuilding will be assessed in accordance with the following:

·    Size of the lot;

·    Zoning of the lot;

·    Materials of the construction;

·    Height of the proposed building;

·    Visibility from nearby vantage points;

·    Effect on adjoining properties and written comments from affected landowners;

·    Any other circumstances and factors affecting the application;

·    Other Scheme matters including, Structure Plans, DGP’s, DAP’s, Policies or State Planning Policies.

 

FINANCIAL IMPLICATIONS

 

The recommendation of this report is a planning determination. It does not impose any direct financial implications upon the City.

 

STRATEGIC COMMUNITY OBJECTIVES

 

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

 

RISK ASSESSMENT

 

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

 

CONSULTATION

 

The application was publicly advertised for a period of 14 days, ending on 24 August 2015. A total of six submissions were received which objected to the outbuilding as proposed for the following reasons:

 

·    Impact on visual amenity; and

·    The scale and size of the outbuilding and potential use for processing.

 

These concerns raised in the submissions are discussed further below and specific consideration of each of the submissions is given at Attachment D.

 

OFFICER COMMENT

 

The proposal is generally consistent with the previous SAT approval for an outbuilding which was assessed as being consistent with the rural and scenic character of the locality subject to conditions. There has not been any fundamental changes to the provisions of the Scheme that apply to the proposal since the date of the previous approval, and officers are of the opinion that the changes will not significantly alter the visual impact which was previously assessed as consistent with the Scheme by the SAT.

 

Notwithstanding this, the previous approval has lapsed and requires assessment against Scheme provisions on its merits against the existing planning framework. Submissions received on the proposed outbuilding relate to the concerns of impact on visual amenity and the proposed use of the outbuilding. This correlates with the main considerations of the Scheme which is the maintenance of the rural and scenic character of the locality. These matters are discussed below.

 

Council should note that following an initial expression of concern to the applicant regarding the increase in roof area, the applicant has agreed to reduce the undercover area by 162m2 which will reduce the overall outbuilding area to be much more consistent with what was previously approved. Therefore the main changes to the previously approved outbuilding include the increase in the wall height by 0.45m and ridge height by 1m.

 

Visual Amenity

 

The outbuilding is classified as ‘oversized’ and ‘over height’ by LPP3H – Outbuildings Policy. The policy provides criteria on what will be deemed as consistent with the rural and scenic character of the locality. Having regard to the provisions of the policy to be assessed when considering an oversized and over height outbuilding, rural production lots are often much larger than standard rural residential lots (generally 1-3ha), and have larger separation distance between buildings. Rural Production lots also allow for Intensive Agricultural land uses which provide a need for a larger outbuilding than would usually be required for standard rural residential lots where the primary land use is residential.

 

The location of the outbuilding in the north eastern corner is an appropriate location for the development. Location of an outbuilding within the current building envelope would locate the development higher on the slope and is likely to result in development that would be substantially more visible to adjoining landowners. The location of the outbuilding on the low point of the property is appropriate and consistent with landscape value requirements for the siting of development. 

 

The impact on visual amenity was raised by adjoining landowners as a concern and is a consideration of the variation in size and height. The property has an open landscape created from low vineyards and the dam meaning that the outbuilding will be visible from lots to the east, south, walkways in the Public Recreation Reserve, adjoining dwellings to the south and Shallows Loop. The outbuilding was previously approved by SAT of a similar size and in the same location determined that whilst the outbuilding would be visible, the location of the outbuilding at a low point on the property meant that adjoining dwellings and roads have a Finished Floor Level which would be the same or significantly higher than the outbuilding. Views would be over the top of the outbuilding and would not obstruct the views from dwellings. SAT also considered that whilst the outbuilding would be visible to adjoining dwellings to the east, the view  would be beyond existing trees and dwellings were located over 200m away. The visual impact will also be reduced the landscaping which will be undertaken. Officers do not consider that the increase in the wall height by 0.45m and ridge height by 1m will significant change the visual amenity to adjoining landowners assessed as acceptable by SAT.

 

Land Use

 

There have been concerns raised in the submissions regarding the size of the outbuilding and the use for processing.

 

The applicant has provided that previous management of the vineyard at the site has been through contracting external managers, machinery and equipment and that grapes produced have then been sold to wineries in the region to process.  The applicant is now proposing to construct the outbuilding to house equipment of his own to manage this process without the need for any external contractors. The processing of grapes will continue to occur offsite, although products will be returned to the property for storage and potential wholesale.

 

The previous SAT application addressed this issue through the provision of information from an expert witness – AHA Viticulture to justify the size of the outbuilding in relation to the vineyard. The expert witness statement by AHA Viticulture provided the following justification for the size and outbuilding:

 

•             Vineyards are to be managed under the SQF 2000 quality assurance certificate which requires internal storage;

•             Advice that typical machinery required for the management of the vineyard of this size would include a 4x4 ute, front end loader, tractor and utility vehicles, green trimmer, fertiliser spreader, environment midrow sprayer, environmist undavina, herbicide and fungicide spray units, sweeper, mulcher and mower, net eagle and nets. Advice provided that it would be possible to store this internally within a 160m2 but require reorganisation to remove machinery each time, affect efficiency and that 300m2 is suitable. It was also provided that the size of the vineyard is irrelevant to minimum machinery requirements; and

•             Office was justified on the basis that vineyard managers will not have access to an office in the residence and is required to keep necessary OH&S documents and provide a workspace to determine spraying regimes etc ancillary to rural production.

 

The SAT made specific comments on the uses of the wine storage and office and determined that it was not unreasonable that the product of the intensive agriculture be stored onsite, even if it is manufactured elsewhere; such as occurs here with grapes processed into wine. The use of the outbuilding is ancillary to the Intensive Agriculture uses occurring on the property and is consistent with the Scheme.

 

Submissions received queried the use of purging tanks. The applicant has provided that these will be used to assist in the breeding of marron on the property which are at low levels. The applicant has provided that high numbers are required to allow for a sustainable catchment, and that there is no intention to operate this commercially. Should the landowner wish to sell these commercially, this falls within the definition of ‘Aquaculture’ which requires planning consent and further assessment pursuant to the Scheme. 

 

Noise generated from the outbuilding is not anticipated to generate any more noise than any other outbuilding in a standard rural residential outbuilding which may contain similar machinery and lawn mowers. The outbuilding is located over 50m from an adjoining dwelling, and any use of equipment, location of air conditioners, generators and pumps will be required to comply with the Environmental Protection (Noise) Regulations which prescribe limits for noise emissions from such equipment.

 

The use is consistent with the Rural Residential zone and designation as rural production in the Structure Plan. The applicant has been advised that the processing of grapes (Winery) and storage of products not related to the Intensive Agricultural uses on site (i.e products from another property) would fall into the land use category of a ‘Rural Enterprise’ which is prohibited. However, it should be noted that the direction of the City, identified in such documents as the Local Rural Planning Strategy recognises a need to diversify the economic bases of areas such as Commonage to allow for small scale commercial provided that the amenity of the Rural Residential area is maintained. This direction has also been reflected with the recent Amendment 125 to Town Planning Scheme No. 20, gazetted 20 August 2013, which amended the zoning table to include the commercial land uses of a ‘Market’, ‘Plant Nursery’, ‘Private Recreation’’ and ‘Restaurant’ as ‘A’ uses in the Rural-Residential Zone. ‘A’ uses can considered in the Rural Residential zone, subject to advertising, assessment as consistent with scheme provisions and the granting of planning consent. These land uses were previously prohibited in the Rural Residential report. Amendment 1 to Local Planning Scheme No. 21, approved by Council for the purposes of adverting and currently with the EPA for assessment also identifies a new land use of ‘Rural Pursuit’ as an ’A’ use in the Rural Residential zone, which allows for the sale of produce grown solely on the premises.

            

CONCLUSION

 

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

 

OPTIONS

 

Should Council not agree with the officer’s recommendation it could:

 

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

 

2.    Apply different conditions.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The proponent and those who made a submission will be advised of the Council decision within two weeks of the Council meeting.

 

Council Decision and Officer Recommendation

C1510/289    Moved Councillor G Bleechmore, seconded Councillor J Green

 

That the Council resolve:

 

1.    That application DA15/0378 submitted for an outbuilding ancillary to the Intensive Agriculture use on site and additional building envelope on Lot 92 Shallows Loop is considered to be consistent with Local Planning Scheme No. 21 and the objectives and policies of the zone within which it is located.

 

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

 

General Conditions

 

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

 

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

 

c)         The building envelope hereby approved shall be in accordance with the signed, stamped, enclosed, approved plans, including any notes placed thereon in red by the City, and except as may be modified by the following conditions.

 

             Conditions to be met prior to commencement of any works:

 

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

 

i.  "Plans that satisfactorily address the following required design changes and as may be indicated in red on the Approved Development Plan(s):

 

i)             The outbuilding to be setback a minimum of 30m from northern boundary and building envelope modified to accommodate the new outbuilding location to the satisfaction of the City;

 

ii)            The external undercover area on the southern elevation is to be reduced in area by 162m2; and

 

iii)           A detailed plan which shows natural ground levels, finished ground levels and finished floor levels as a result of changes from d i) i).  The maximum FFL of the outbuilding is to be no higher than 91m AHD.

 

ii. Details of the crossover to Shalllows Loop to be sealed.

 

iii.  A Landscape Plan to the satisfaction of the City which provides for:

i)             Any vegetation removed to accommodate the shed is replaced by a ratio of 5 replacement plants for every plant removed;

 

ii)            Replacement of any trees to be a minimum of 45 litre or 100 litre bag stock;

 

iii)           The outbuilding to be screened from view from the Public Recreation Reserve to the north, west and east of the property.

 

iv.  Details of effluent disposal, stormwater and surface water drainage works. Stormwater is to be retained for use and/or infiltration within the site at a rate of 1m3 per 40m2

 

v. The easement to the benefit of Lot 108 is to be relocated so that it is not under any building;

 

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

 

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

 

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

 

Ongoing Conditions

 

f)         The works undertaken to satisfy condition(s) b), d) and e) shall be subsequently maintained for the life of the development.

CARRIED 9/0

En Bloc

 

 

 


Council                                                                                      65                                                               14 October 2015

13.1           GLC ALLIED HEALTH PROFESSIONAL SUITES

SUBJECT INDEX:

GLC Operations

STRATEGIC OBJECTIVE:

A community that provides opportunities for our youth to learn, grow, work and become healthy adults.

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Community Services

REPORTING OFFICER:

Manager, Community Services - Maxine Palmer

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Allied Health Suite One Lease Map

Attachment b    Allied Health Suites Valuation

Attachment c    Allied Health Suite Lease Agreement  

  

PRÉCIS

 

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

 

The City advertised the proposed disposition in accordance with section 3.58 of the Local Government Act 1995 (LGA), informing the public of the City’s intention to enter into a lease with Julie Anna Ferry to operate a nutritional service business over a portion of the reserve; suite number one (1). No submissions were received.

 

The purpose of this report is to inform Council of the outcome of the advertising and make recommendations as to the terms and conditions of the lease agreement.

 

For reasons outlined in this report, Officers also recommend that there is a sufficient basis for using an existing market valuation that is older than 6 months for the purpose of carrying out the statutory process under section 3.58 of the LGA.

 

BACKGROUND

 

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

 

The health suites were added to attract health practitioners to provide mental and physical health services that complement existing services offered at the GLC.  Each suite is fully independent and purpose built for Health service businesses with exposure to GLC member traffic.  Each suite has a hand basin, telephone and data point, air-conditioning, windows providing natural light and external door access allowing them to function separately from the GLC’s operations.  Suites vary in configuration and size ranging from 15 m2 to 22 m2.  In addition to providing support services for GLC customers, the suites provide an additional revenue source that will assist in reducing the GLC’s net operating deficit.

 

The City has been promoting the suites since October 2014 and has secured one tenant , Family Planning Association of WA  who are leasing Suite three (3) to run their  Family 1st Programme. Suite three (3) is approximately 22m2 and has been leased to the Family Planning Association for two years at $15,600 per annum (inclusive of GST and outgoings). The lease commenced on 31 August 2015.  New Fees and Charges for Community and Commercial daily hire were also adopted by Council on 25 February 2015(C1502/040). These fees have enabled the rooms to be hired periodically by a number of different users.   

On 3rd September 2015, the Finance Committee of Council  were informed of the outcomes of a successful negotiation with Julie Anna Ferry, a nutrition professional, who proposes to lease health suite one (1) as shown on Attachment A. Subsequently, in accordance with Section 3.58 of the Local Government Act 1995, advertising was undertaken informing the public of the proposed disposition.

 

This report provides the details of Julie Anna Ferry’s submitted proposal, the results of the public notice and seeks Council endorsement of the terms of a proposed commercial lease arrangement with Julie Anna Ferry to operate a nutritional service business from health suite one (1) at the GLC.

 

STATUTORY ENVIRONMENT

 

Section 3.58 of the LGA relates to the disposal of property by a local government and disposal is defined to include leasing.

 

Local Governments are compliant with the LGA if the procedure under section 3.58(3) is followed. This requires the publishing of prior notice to the local public of the proposed disposition which describes the property concerned, gives details of the proposal and invites submissions to be made before a specified date, not less than two weeks after the notice is first given. Any submissions received before the date specified in the notice must be considered and if a decision is made by the council or a committee, the decision and the reasons for it must be recorded in the minutes of the meeting at which the decision was made.

 

Section 3.58(4) of the LGA requires that the disposition includes either a valuation not more than six months old or a declaration by resolution that a valuation older than 6 months is considered a true indication of the value at the time of the disposition.  A formal valuation of the health suites was obtained on the 23 December 2015 (see Attachment B).

 

The GLC health suite one (1) is located on a part of Reserve 29933, being Lot 300, Deposited Plan 50595 Volume LR3137 Folio 982, 1 Recreation Lane, West Busselton.  The land is vested with the City with the power to lease for any term not exceeding 21 years, with consent of the Minister for Lands, for the designated purpose of “Aquatic Centre”.  A request has been submitted to the DoL to amend this to “Community and Recreation Purposes”.

 

RELEVANT PLANS AND POLICIES

 

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

 

FINANCIAL IMPLICATIONS

 

Negotiations in relation to the proposed lease terms resulted in an annual rent of $12,220 exclusive of GST and outgoings such as electricity and water. Rent will be indexed by CPI annually.  The proposed lease term is six (6) months, with an option for a further six (6) months and then a further one (1) year option.

 

A net market rental value of between $12,220 and $14,300 per annum, exclusive of GST and outgoings was provided by an independent valuer on the 23 December 2014.  Although this valuation expired on the 23 June 2015 it is considered to be a true indication of the current market value. The lease with the Family Planning Association of WA was entered into very recently in August. The rental terms used the same valuation and this also did not receive any submissions when the disposition was advertised. A revaluation would cost in the region of $1,000 and is not considered an efficient use of the GLC marketing expense budget. It would be better to put $1,000 towards advertising of the remaining vacant health suites.

The proponent’s rental offer of $12,220 per annum, exclusive of GST and outgoings, is in line with the market rental value. It is proposed that the tenant be required to pay costs associated with electricity and water consumption. A sum of $50 per month inclusive of GST and indexed annually by CPI, is proposed. The tenant will provide their own telephone and internet connections and be responsible for all associated connection and usage charges.

 

Long-term Financial Plan Implications

 

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

 

STRATEGIC COMMUNITY OBJECTIVES

 

Leasing of Suite one (1) at the GLC is consistent with the following City of Busselton Community Strategic Plan objectives:

 

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

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

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

 

RISK ASSESSMENT

 

There are no identified risks of medium or greater associated with the officer recommendation, with the recommendation serving to mitigate the risks associated with there not being a lease in place.

 

CONSULTATION

 

Local advertising of the City’s intention to lease the property was undertaken from 16 to 30 September 2015, in accordance with Section 3.58 of the Local Government Act 1995. No submissions were received.

 

OFFICER COMMENT

 

The City has been advertising for expressions of interest (EoI) for the use of allied health suites at the GLC since late 2014.  In July, the way in which the suites were being promoted was reviewed resulting in a new campaign using social media. This has so far generated two enquiries, one being from the proponent Julie Anna Ferry.

 

The proponent, Ms Ferry, has been studying a Bachelor of Science (Nutrition) degree and will finish in November this year.  Ms Ferry has identified a gap in services in Busselton and proposes to establish a new business, operating two to three days a week initially from health suite one (1) at the GLC. The business will provide a range of nutrition services such as weight management, sports nutrition,  healthy eating education and aged based nutrition programs delivered via one-on-one consultations as well as group presentations, for example by visiting schools, or by running workshops like ‘ Introduction to Solids’ sessions with mothers groups.

 

In her submission, Ms. Ferry has offered a rent of $12,220 per annum exclusive of GST and outgoings. This offer is in line with the market rental valuation. It is a requirement under the LGA for Council to declare that the valuation carried out on the 23 December 2015 is a true indication of the current market rental value, as it will be over 6 months old at the time of the disposition (expired 23 June 2015).  Given that the valuation has fairly recently expired, is comparable to the existing leasehold in price per square metre and that no submissions were received from the advertising of the proposed disposition, it is recommended that Council accept this valuation as the current value. 

 

It is proposed that the tenant be required to pay costs associated with electricity and water consumption. A sum of $50 per month excluding GST and indexed annually by CPI, is proposed. The tenant will provide their own telephone and internet connections and be responsible for all associated connection and usage charges.

 

The proponent’s Business Plan shows a clear vision to establish and grow the business with realistic financial forecasts and supporting actions. As this is a new venture Ms. Ferry would prefer to have flexibility with regards to the term of the lease.  The preference would be for a lease term of six (6) months, with an option for a further six (6) months and then a further one (1) year option.

 

A commercial lease arrangement for Suite one (1) supports the Council’s objective to: increase revenues and reduce operating costs at the GLC. It also helps to achieve the key performance indicator: to continue to reduce the net operating deficit of the GLC facility. The rent proposed by the proponent is in line with the market valuation and supports the achievement of the revenues forecast in the GLC Business Plan.

 

CONCLUSION

 

The proponent has identified a gap in current health services provided in Busselton. The nutritional services proposed will add to the diversity of health and fitness services available from the GLC. The proposal aligns well with community objectives outlined in the Strategic Community Plan and GLC Business Plan to provide quality, affordable and accessible services and facilities and it supports the key performance indicator to reduce the net operating deficit of the GLC.

 

For these reasons, it is recommended that the Council enter into a lease with Julie Anna Ferry on the conditions noted in the Officer Recommendation.

 

OPTIONS

 

1.    The Council could come to the view that the valuation dated 23 December 2014 does not provide a true indication of the current market valuation and seek an up to date valuation. This will cost approximately $1,000 excluding GST

 

2.    Council can resolve not to enter into a lease agreement with Julie Anna Ferry and re-advertise the premise, subject to a revised market valuation being undertaken. 

 

3.    Council can resolve to enter into a different term of lease with Julie Anna Ferry.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

A lease would be forwarded to the Minister for Lands for preapproval by the 30 October 2015.   It is anticipated that signing of the lease would be on or before the 2 November 2015.

 

Council Decision and Officer Recommendation

C1510/290    Moved Councillor G Bleechmore, seconded Councillor J Green

 

That the Council:

 

1.    In accordance with Section 3.58 (4) (c ) (ii) of the Local Government Act 1995 declare that the valuation carried out by Opteon (Western Australia) Pty Ltd on 23 December 2014  indicating the market rent for a portion of Reserve 29933, being Lot 300, 1 Recreation Lane, Busselton to be between $12,220 and $14,300 net of GST and outgoings per annum, is a true indication of the value of the current market rental value of that property.

 

2.    Enter into a lease, subject to the Minister for Lands approval, with Julie Anna Ferry for the occupation of a portion of Reserve 29933, being Lot 300, Deposited Plan 50595, Volume LR3137 Folio 982, 1 Recreation Lane, West Busselton as shown on Attachment A. The terms and conditions of the lease to include the following:

 

a)    an initial leasehold term of 6 months; with a 6 month option; followed by a further 1 year option;

b)    rent to commence at $12,220 in the first year then indexed by CPI annually, all      amounts exclusive of GST;

c)    the tenant to contribute $50.00 inclusive of GST per month towards water and electricity consumption charges applied to the leased premises;

d)    the tenant to be responsible for telephone and internet connections and  charges applied to the leased premises;

e)    the lease being consistent with the standard Health Suite Lease Agreement at Attachment C

f)   the permitted use  of the  premises being  for Nutrition service provision.

CARRIED 9/0

En Bloc

 


Council                                                                                      69                                                               14 October 2015

15.2           FINANCIAL ASSISTANCE GRANTS ADVOCACY PROGRAM

SUBJECT INDEX:

Financial Assistance Grants

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Governance Services

ACTIVITY UNIT:

Governance Support

REPORTING OFFICER:

Manager, Governance Services - Lynley Rich

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

  

PRÉCIS

 

The Australian Local Government Association (ALGA) is conducting a national campaign to highlight the importance of Financial Assistance Grants (FAGs) to Australian Local Governments.  The campaign aims to reverse the three year indexation freeze on FAGs payments that was implemented in the 2014-15 Federal Budget. FAGs funding is not currently keeping pace with demand for services and infrastructure in local communities and the freeze will worsen this. Freezing FAGs at their current level until 2017-18 will result in a permanent reduction in the FAGs base by 13%.  ALGA has asked Councils to support the FAGs campaign by passing a resolution identifying the importance of these grants.

 

BACKGROUND

 

FAGs are a vital part of the revenue base of Councils, and this year Councils will receive $2.3 billion from the Australian Government under this important program. The Government's decision in the 2014 Federal Budget to freeze the indexation of FAGs for three years beginning in 2014-15 will unfortunately cost Councils across Australia an estimated $925 million by 2017-18.

 

STATUTORY ENVIRONMENT

 

Not applicable.

 

RELEVANT PLANS AND POLICIES

 

Not applicable.

 

FINANCIAL IMPLICATIONS

 

Freezing FAGs at their current level until 2017-18 will result in a permanent reduction in the FAGs base by 13%.

 

STRATEGIC COMMUNITY OBJECTIVES

 

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

 

RISK ASSESSMENT

 

Not required.

 

CONSULTATION

 

This proposal has arisen in response to a direct request from ALGA.

OFFICER COMMENT

 

ALGA and the State Local Government Associations are seeking the support of Council for advocacy to have the Federal Government reverse the decision to freeze the indexation of FAGs. While the FAGs are paid through each State's Local Government Grants Commission, the funding originates with the Commonwealth and it is important it is recognised as such.  Council, and every other Council in Australia, has been asked to pass a resolution acknowledging the importance of the Commonwealth's Financial Assistance Grants in assisting Council to provide important community infrastructure. Council is also being asked to acknowledge the receipt of Financial Assistance Grants from the Commonwealth in media releases and Council publications.  In 2015/16 the City will receive more than $2.1m in FAGs funding and a similar amount was received in 2014/15.

 

CONCLUSION

 

The City’s participation in this Nation-wide Local Government campaign is considered important.

 

OPTIONS

 

The Council has the option not to pass the resolution as requested.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

ALGA will be advised of the Council’s decision in the week to follow the meeting.

 

Council Decision and Officer Recommendation

C1510/291    Moved Councillor G Bleechmore, seconded Councillor J Green

 

That the Council:

 

1.    Acknowledges the importance of federal funding through the Financial Assistance Grants program for the continued delivery of Council’s services and infrastructure;

 

2.    Acknowledges that the Council will receive $2.109 million in 2015-16; and

 

3.    Will ensure that this federal funding, and other funding provided by the Federal Government under relevant grant programs, is appropriately identified as Commonwealth grant funding in Council publications.

CARRIED 9/0

En Bloc

 


Council                                                                                      71                                                               14 October 2015

10.7           Airport Advisory Committee - 23/09/2015 - BUSSELTON REGIONAL AIRPORT - WAIVER OF LANDING FEES

SUBJECT INDEX:

Airport Operations

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Commercial Services

ACTIVITY UNIT:

Commercial Services

REPORTING OFFICER:

Manager, Commercial Services - Jennifer May

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Busselton Aero Club

Attachment b    Landing Fees Presentation  

 

This item was considered by the Airport Advisory Committee at its meeting on 23 September 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report seeks Council endorsement to waive aircraft landing fees for aircraft participating in Busselton Aero Club Aerofest 2016 event to be held on the 5th and 6th March 2016.

 

BACKGROUND

 

The Busselton Aero Club held an Aerofest event at the Busselton Regional Airport (BRA) in March 2014. Various types of recreational and general aviation aircraft flew into the BRA for the event which provided members of the surrounding community a chance to get up close to the aircraft and to talk to aircraft owners and pilots. In addition to light aircraft the public also had full access to the Aerorescue Dornier, the Department of Fire and Emergency Services (DFES) fire attack helicopters which are based at BRA during the fire season, and a Royal Australian Air Force (RAAF) PC 9 aircraft.  Additionally water bombing displays were put on by the DFES helicopter and water bomber aircraft and helicopter joy flights were available to the public.

 

The 2014 event was considered very successful with approximately 60 recreation and general aviation aircraft flying into Busselton, including Royal Flying Doctor Service (RFDS), Aerorescue, RAAF and DFES aircraft.  An estimated 3000 members of the public attended over the course of the day. Approximately $18,000  was raised by way of a $10.00 entry fee for adults with children free, which after operational costs, the Busselton Aero Club donated the remaining funds to the following local organisations;  Busselton Scouts, Sea Cadets, RFDS and 7/10 Squadron Air Training Corps and Busselton Hospice.

 

The donation of funds to the local organisations was helped by the Council waiving the Landing fees for aircraft involved with the Aerofest 2014 event (C1307/179).

The City of Busselton has received a formal request from the Secretary of the Busselton Aero Club asking for landing fees for aircraft associated with the forthcoming Aero Fest in March 2016 to be waived (Attachment A).

 

The 2016 event is planned to be a larger event than the 2014 Aerofest with an expected 80 aircraft visiting from within the region and interstate. It is also planned to have DFES water bombers and the Busselton based DFES and Surf Lifesaving Western Australia (SLSWA) helicopter proving aerial displays, these aircraft will also be on static display to the public along with the Aerorescue Dornier, RFDS PC12 and RAAF PC9 aircraft. An application has also been made to the RAAF to have the Roulette display team in attendance and should this application be successful it is expected that public attendance will be approximately 4000.

STATUTORY ENVIRONMENT

 

The Busselton Regional Airport operates in accordance with the following: Aviation Transport Security Act 2004, Aviation Transport Security Regulations 2005, CASA MOS 139, Council’s Transport Security Plan and City policies and procedures.

 

In accordance with the Local Government Act 1995 Section 6.47- Concessions, a Local Government requires a resolution (Absolute Majority) of Council to waive fees and charges.

 

6.47 Concessions

 

‘Subject to the Rates and Charges (Rebates and Deferments) Act 1992, a local government may at the time of imposing a rate or service charge or at a later date resolve to waive a rate or service charge or resolve to grant other concessions in relation to a rate or service charge.’

 

RELEVANT PLANS AND POLICIES

 

There are no policy implications with this report.

 

FINANCIAL IMPLICATIONS

 

The Busselton Aero Club’s formal request is to waiver landing fees for aircraft attending or taking part in the Aero Fest event to be held on the 5th and 6th of March 2016. It is anticipated that the approval of this request would be a revenue loss to the City of Busselton estimated to be in the region of $698.50 as per the table below.

 

 

Number Aircraft

Cost per Aircraft

Total (inc GST)

0-999kg-$

40

$4.50

$180.00

1000-1999kg$

25

$8.50

$212.50

>1999kg

unknown

 

 

RAAF

6

$51.00

$306.00

Aerorescue

1

EXEMPT

 

RDFS

1

EXEMPT

 

DFES

2

EXEMPT

 

SLSWA

1

EXEMPT

 

 

The Busselton Aero Club will be required to provide to the City of Busselton a record of all aircraft registrations that land at BRA specifically for the event on the 5th and 6th of March 2016 as evidence of participation in order for landing fees to be waived. This record will be provided to AVDATA who will exempt the specified aircraft from landing fees over this period.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Busselton Regional Airport is consistent with following the City of Busselton’s strategic Objectives:

 

Well Planned, Vibrant and Active Places:

 

·    Infrastructure Assets that are well maintained and responsibly managed to provide for future generations;

 

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

 

RISK ASSESSMENT

 

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

 

Risk

Controls

Consequence

Likelihood

Risk Level

Financial risk in that the projected estimated landing fees to be waived have been underestimated, resulting in higher lost revenue.

 

The estimated landing fees to be waivered for the event are based on the 2014 event plus approximately a 25% increase in visiting aircraft numbers.

Insignificant

Likely

Medium

 

CONSULTATION

 

Consultation will be held with CASA, the Office Transport Security (OTS), Aero Club Members and members of the City’s Event team in ensuring that all event approvals are achieved. The Aero Club will be required to consult with neighbouring property owners prior to the event as part of the City of Busselton Event Application process.

 

OFFICER COMMENT

 

The planned 2016 event showcases the City of Busselton within the aviation community and brings together a wide range of recreational and general aviation aircraft as well as emergency services aircraft that will be on display to the public. The 2016 event is planned to be a larger scale event than previous events with the anticipated members of the public attending to increase from 2014. The event is planned as a family day with the opportunity for all to get up close to aircraft both modern and vintage, and to talk to the owners/pilots. The event also includes landside displays of vintage and military vehicles, vintage machinery and entertainment for children such as bouncy castles and face painting. The event further adds to the City’s calendar of events, further progressing the City of Busselton as the ‘Events Capital WA’.

 

CONCLUSION

 

The 2016 Aerofest event will provide community members access to the airport areas and aircraft that is not normally permitted. City Officers support the waiving of fees as it encourages visiting pilots to attend the Aerofest and provides members of the public the benefit of seeing the airport operational aspects in a family environment. It is considered that the staging of this event and support of the City of Busselton enhances the public awareness of the airport as a community asset and gains public support and good will as Busselton Regional Airport continues to develop.

 

OPTIONS

 

The Council may choose to not accept the Officer’s recommendation.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The Busselton Aero Club will be notified immediately following the Council’s decision. 

 

Council Decision and Officer Recommendation

C1510/292    Moved Councillor G Bleechmore, seconded Councillor G Henley

 

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council endorses the waiver of  landing fees for aircraft participating in the 2016 Busselton Regional Airport Aerofest event, to be held on the 5th and 6th March 2016, on the following basis:

 

a)         That the Busselton Aeroclub provides a list of aircraft registrations that participate in the event;

 

b)        That the Aircraft registrations be provided no later than 27 February 2016

 

c)         That the City of Busselton is appropriately recognised as a sponsor of the event.

CARRIED 9/0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

13.             Community and Commercial Services Report

13.2           MARKETING AND EVENTS REFERENCE GROUP OUTCOMES

SUBJECT INDEX:

Events

Regional Economic Development

Tourism Development

Sponsorship and Grant Applications

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Commercial Services

ACTIVITY UNIT:

Commercial Services

REPORTING OFFICER:

Events Coordinator - Shane Walsh

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   MERG Minutes 24 September 2015  

  

PRÉCIS

 

A meeting of the Marketing and Events Reference Group (MERG) was held on Thursday 24 September 2015.  This report presents the recommendations from this meeting.

 

BACKGROUND

 

The Council, at its meeting of 13 April 2011 (C1104/114), resolved to endorse the implementation of a differential rating system whereby properties rated within the Industrial and Commercial zones across the City would directly contribute toward the City’s continued support of tourism, marketing and event activities.  This resolution also endorsed the establishment of a ‘Key Stakeholders Reference Group’ (now known as the ‘Marketing and Events Reference Group’) to make recommendations to Council with respect to the marketing and events budget allocations.

 

Further to this, at its meeting of 22 June 2011 (C1106/201), Council resolved to introduce a 3% Differential Rate on the abovementioned properties and as a result, $180k was included in the 2011/2012 budget towards events and marketing. Following this,  Council increased the Differential Rate to 6% in 2012/2013 (totalling $360k), 7% in 2013/2014 (totalling $379k) and 8% in 2014/2015 (totalling $488k) towards events and marketing.

 

As part of the 2015/2016 adopted budget, Council increased the Differential Rate to 9% (totalling$556k), with the funds split 75:25 between events and marketing respectively.

 

The total endorsed marketing and events budget for 2015/2016 is $893k; $697k allocated for events and $196k allocated towards marketing. The $697k budget allocation for events includes $280k from municipal funds and $417k from the Differential Rate Budget of $556k. $196k has been allocated specifically for marketing, including $139k from the Differential Rate Budget and $57k carry over from 2014/15.  This excludes budgetary allocations for the Leavers Week event, administration, and events staffing.

 

A meeting of the Marketing and Events Reference Group (MERG) was held on Thursday 24 September, and with the following key matters presented at the meeting;

 

·    CinefestOz representatives presented on their application for a new three year (multiyear) sponsorship agreement with the City for the 2016, 2017 and 2018 film festivals;

·    City Officers presented a proposal to fund a new City event book club festival to be held in the July off peak season in 2016;

·    A discussion on the allocation of the marketing budget of $196k, where it is was decided that the Group recommend that Council transfers $150k into a new airport marketing reserve, and use the remaining $46k for any new marketing initiatives for increasing tourism in May to August 2016, to be considered on a case-by-case basis;

·    Recommendations and outcomes of the Round 2 Events Sponsorship Programme.

 

In addition to the, a report on the MERG Scorecard, as it relates to the City of Busselton Events Strategy, for 2014/2015 was presented;

 

·    MERG has achieved its objective of a more even spread of events across the entire year, including a growing number of events held outside of the Busselton CBD, with an increase from 10% in 2012/13  to 40% in 2014/15;

·    While there are still a large percentage of community events (41%), there has been an increase in the percentage of cultural events (26%) over the last three years, compared to sporting events (33%);

·    The number of events in the last financial year increased by 66%, from 83 events to 138 events;

·    The 2014/15 economic impact for events was estimated at $67m and by using the event tourism multiplier of 1.92, the total impact is estimated at $128.7m;

·    Based on data provided by event organisers, 239,000 people attended the 138 events held within the City, with an estimated 125,000 coming from outside of the District; and

·    The percentage of total visitors to all events in the City increased from 40% to 52% last financial year.

 

MERG was briefed on the Events Workshop held with Council on 9 September 2015 to discuss the Strategic Events Report (2015) as follows;

 

·    The  progress of MERG over the last four years;

·    the Marketing and Events Reference Group funding levels for the next five years out to 2019/20;

·    The future funding split between events and marketing funding allocations;

·    Municipal funding levels for the next five years;

·    The evaluation process for event sponsorship and funding criteria;

·    The CEO’s Donations, Contributions and Subsidies Fund; and 

·    The ongoing relationship with the new MRBTA and destination marketing strategies.

·    Officers presented the financial funding forecasts for the next five years of available Differential Rate and municipal funding to MERG, based on the following assumptions.

 

1.    Differential Rate will be capped at 10% from 2016/17;

2.    The marketing share of the Differential Rate funds will increase from 25% to 35% by 2019/20 to promote tourism through the airport redevelopment;

3.    Continuing trend of reducing the municipal funding allocated to events by $20-30k pa until it reaches an agreed reduced limit;

4.    The long term pool of funding for events may decline annually as more MERG funds are allocated towards the marketing budget for the promotion of the redeveloped airport; and

5.    The assessment criteria and guidelines for future event sponsorship funding will be based on the following basis.

 

New Events

The Differential Rate allocation towards Marketing and Events will be fixed at 10% from 2016/2017. However, the allocation/funding split between events and marketing funding is likely to vary over the next three years and reduce the event funding proportion. An objective of MERG through the application assessment process may be to continue recommending higher levels of seed funding, based on the criteria of greater participation, higher economic impact, off peak periods and alignment with the events strategy.

New events would be offered a one year agreement, followed by a multi-year agreement for future events if the all KPIs were met.

 

Existing Multiyear Funded Events

The City will continue to fund existing, successful multi-year events on the basis that they meet set KPI’s in the current agreements. However, all new multi-year agreements will include an annual reduction in funding over the three year term of their new agreements. The event organisers will be expected to source additional funding/revenue from other agencies or revenue sources, as they move towards more sustainable funding arrangements.

 

Renewal of multi-year agreements will be assessed on the same criteria as new events, in addition to having to provide a three year business plan showing growth in their event, with new initiatives and an increase in benefits and economic return for the City.

 

They will also need to meet their KPI’s annually to receive funding for the following years.

 

Hallmark Events

Hallmark Events are the City’s long term high profile, high yield events which underpin the success of the City’s event calendar.

 

The current hallmark events include Ironman WA, CinefestOz, Ironman Busselton 70.3, Busselton Jetty Swim, Forest Rally, Southbound Music Festival (unfunded) and Geographe Bay Race Week.

 

Future hallmark events could include new events which have been introduced to the City’s event calendar in recent years such as X Adventure Dunsborough, Cape to Cape MTB and Vineyard Challenge.

 

It is proposed that hallmark events continue to be funded by the City on a flat line basis without annual CPI increases for the term of the agreement.

 

STATUTORY ENVIRONMENT

 

Section 6.11 (1) of the Local Government Act 1995 (the Act) requires that ‘subject to subsection (5), where a local government wishes to set aside money for use for a purpose in a future financial year, it is to establish and maintain a reserve account for each such purpose.’

 

Under Section 6.8 of the Act, expenditure that is not included in the annual budget requires a resolution in advance of the expenditure with Absolute Majority.

 

RELEVANT PLANS AND POLICIES

 

The recommendations are in line with Council policies.

 

FINANCIAL IMPLICATIONS

 

As part of the 2015/2016 budget process, Council increased the Industrial and Commercial Differential Rate by 1% from 8% to 9%, with the funds being split 75:25 between events and marketing respectively,( $417k  towards events and $139k towards marketing).

 

In addition to employing Events staff, the total 2015/16 marketing and events budget totals $893k; $697k allocated for events including $280k from municipal funds for events funded through multi-year agreements and $196k allocated specifically for marketing, including $139k from the Differential Rate budget and $57k carryover from the 2014/15 marketing budget. The funding allocated through the 2015/16 Municipal budget is as follows;

Events - Multi-Year Agreements funded through Municipal funds

2015/16

Busselton Jetty Swim

 $15,600

Ironman WA Busselton

$149,400

Busselton Ironman 70.3

$45,000

Geographe Bay Race Week

$10,000

Cinefest Oz

$50,000

Festival of Busselton

$6,000

Carols by the Jetty

$1,000

Australia Day

$3,000

TOTAL

$280,000

 

Within the Differential Rate Events Budget, $232,655 is allocated for events funded through multiyear agreements, leaving a total of $164,340 for the Events Sponsorship Programme. $106k was allocated in Round 1, leaving $58.3k for Round 2 applications in September 2015.

 

Round 2 of the 2015/16 Events Sponsorship Programme closed 14 September 2015.  A total of eight (8) single year applications were received, with requests totalling $96.12k with one late application considered at the MERG meeting. MERG recommendations are as per Table 1 below. This report recommends that $47.1k be allocated in Round 2 of the Events Sponsorship Programme, leaving $11.2k remaining in the budget.

 

Long-term Financial Plan Implications

 

The marketing and events budget, (including both the municipal contribution and funds generated through the Differential Rate, are in line with the City’s Long Term Financial Plan.

 

STRATEGIC COMMUNITY OBJECTIVES

 

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

 

Well planned vibrant and active places;

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

 

RISK ASSESSMENT

 

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

 

CONSULTATION

 

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

 

OFFICER COMMENT

 

The Marketing and Events Reference Group has been established with representatives from the City of Busselton, local Chambers of Commerce, the Margaret River Busselton Tourism Association, and the Busselton Jetty Environment and Conservation Association.  A Terms of Reference guides the operations of the Group and an Events Sponsorship Programme has been developed. 

 

Supporting the development and attraction of new events throughout the year, the Events Sponsorship Programme promotes the City of Busselton as an attractive host and event tourism destination for a range of events.  The City, through the programme has attracted exciting new events to boost the local economy through event tourism.

 

In 2014/2015, the City increased its number of major events from 83 to 138. Since the start of the 2015/16 financial year, 109 major events have been registered with the City, which is on par with the same time in 2014.

 

Events Sponsorship Programme – Round 2

Applications were received for Round 2 of the 2015/16 Events Sponsorship Programme.  A total of eight (8) single year applications were received with funding requests totalling $96.12k, with one late application requesting $11.5k (see Table 2).  Recommendations for the sponsorship of individual events will promote Busselton as a cultural and iconic sporting event destination. 

 

Of the nine (9) single year applications, seven (7) of these events are recommended to be funded in 2015/2016, totalling $47.1k. All events are to be funded from the Differential Rate Events Budget:

 

Table 1

 

Event

Requested

Recommended

BCCI/MRBTA FOC Rooms IMWA Agreement

$9,625

$9,625

Tour of Margaret River

$5,000

$5,000

Sevens Summer Series Jetty 7’s

$7,500

$7,500

Aerofest 2016

$10,000

$5,000

Busselton Open Water Swim

$5,000

$5,000

Wrecked Music Festival

$50,000

$5,000 (in kind)

Margaret River Marathon

$4,000

$0

Kings of Concrete National Skateboard Tournament

$11,500

$10,000

Margaret River Young Readers and Writers Festival

$5,000

$0

TOTAL ROUND 2

$107,625

$47,125

 

All events are to be funded on the condition that ten (10) high resolution images are provided electronically, without copyright, (in formats as agreed) to the City of Busselton for its own promotional purposes.

 

Multi-year Events

MERG also considered a new three multi-year funding application from CinefestOz for their 2016, 2017, and 2018 film festivals. In its 8th year, in 2015 the festival had record ticket sales and attendances at free community screenings with over 24,000 attendees, an increase of 30% on last year’s film festival.

 

The approved City funding for the last year of their multi-year agreement (2015 event) was $60.9k cash and $5k in-kind and an additional $10k (a single year agreement) for the volunteer program and free community screenings. Total funding from the City for 2015 was $75.9k.

 

The CinefestOz multi-year funding agreement expired post the 2015 event. The City has subsequently received a request for the following sponsorship; $95k in 2016/17, $100k in 2017/18 and $110k in 2018/19.

 Representatives from the CinefestOz board presented at the September MERG meeting to outline the outcomes of the 2015 event and to discuss the new initiatives for the event as outlined in their three year business plan.

 

MERG recommends the following funding levels for this hallmark event (Table 2), based on the revised funding strategy as outlined in the Background section of this report, where all hallmark events are funded on a flat line basis for future multi-year agreements. The recommended funding is an increase of 20% in funding compared to the 2014/2015 funding allocation.

 

Table 2

 

CinefestOz

Requested

Recommended

2016/17

$95,000

$95,000

2017/18

$100,000

$95,000

2018/19

$110,000

$95,000

TOTAL

$305,000

$285,000

 

New Events

City Officers have been working on the creation of a new cultural event for the off peak month of July since only one other event, the South West Mud Fest, occurs during this winter month. The concept of the Book Club Festival is to attract members of the numerous book clubs around the State for author/reading workshops and presentations to be held in Dunsborough and Busselton venues. These sessions will be combined with formal and informal lunches and dinners to increase the visitors spend whilst here on that weekend. Based on this, MERG recommends that The Book Club Festival to be held on 22-24 July 2016 be supported by $15k from the 2016/17 Events Budget, to be funded through the Differential Rate.

 

Marketing

Following a presentation from the MRBTA and discussions about future marketing programs, MERG recommends that Council endorses the transfer of $150k from the marketing budget of $196k into a new airport reserve for the purpose of promoting the redeveloped Airport to Eastern States markets over the next three years. The remaining marketing budget of $46k is to be used for any new marketing initiatives for increasing tourism within the City in May to August 2016, to be assessed on a case by case basis.

 

CONCLUSION

 

The Marketing and Events Reference Group (MERG) has been assigned by Council to make recommendations on the way in which funds raised through the Industrial and Commercial Differential Rate for the purposes of events and marketing are allocated.  This report contains the recommendations made at the 24 September 2015 meeting, which if endorsed by Council, will result in the continuation of high quality events being held within the region, supported by successful marketing promotions.  All recommendations support Council’s vision of being recognised as the ‘Events Capital WA.’

 

OPTIONS

 

Council may choose not to support the recommendations made by the Marketing and Events Reference Group and resolve not to endorse part or all of the recommendations.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Following Council’s decision, the outcomes will be communicated to all members of the Marketing and Events Reference Group and relevant event organisers for their information and implemented where required.

Council Decision and Officer Recommendation

C1510/293    Moved Councillor G Bleechmore, seconded Councillor G Henley

 

SIMPLE MAJORITY DECISION OF COUNCIL REQUIRED

That Council;

 

1.    Endorses the funding allocation towards the following annual events to the total value of $47,125 through the City’s Events Sponsorship Programme Round Two, to be funded through the Differential Rate Events budget:

 

Event

Funding

BCCI/MRBTA FOC Rooms IMWA Agreement

$9,625

Tour of Margaret River

$5,000

Sevens Summer Series Jetty 7’s

$7,500

Aerofest 2016

$5,000

Busselton Open Water Swim

$5,000

Wrecked Music Festival

$5,000 (in kind)

Margaret River Marathon

$0

Kings of Concrete National Skateboard Tournament

$10,000

Margaret River Young Readers and Writers Festival

$0

TOTAL

$47,125

 

             All events are to be funded on the condition that ten (10) high resolution images are        provided electronically, without copyright, (in formats as agreed) to the City of Busselton for           its own promotional purposes.

 

2.    As part of the draft 2016/17 budget, provisionally allocates $15k towards the City’s new event – Book Club Festival on 22-24 July 2016, to be funded from the draft 2016/2017 Differential Rates Event Budget.

 

3.    Authorises the Chief Executive Officer to enter into a new three (3) year event sponsorship agreement for the CinefestOz Film Festival event to be held in 2016 to 2018 inclusive, with an annual cash sponsorship contribution of $95k, to be funded from the Differential Rate Events Budget.

 

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

4.   Endorses the establishment of an Airport Marketing Reserve for ‘the purpose of promoting the Busselton Regional Airport’, and that $150k be transferred into the Reserve from the Differential Rate marketing budget (account 333.10530.3623.0000).

CARRIED 9/0

by absolute majority

  


Council                                                                                      83                                                               14 October 2015

15.1           REVIEW OF COUNCIL COMMITTEES PROPOSED FOR RE-ESTABLISHMENT

SUBJECT INDEX:

Council and Committee Meetings

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Governance Services

ACTIVITY UNIT:

Governance support

REPORTING OFFICER:

Manager, Governance Services - Lynley Rich

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Terms of Reference - CapeROC

Attachment b    Terms of Reference - Finance Committee

Attachment c    Terms of Reference - Policy and Legislation Committee

Attachment d   Terms of Reference - Audit Committee

Attachment e    Terms of Reference - Airport Advisory Committee

Attachment f    Terms of Reference - Busselton Settlement Art Steering Committee

Attachment g   Terms of Reference - Bush Fires Advisory Committee

Attachment h   Terms of Reference - Previous Busselton Jetty Advisory Committee

Attachment i     Terms of Reference - Previous Community Resource Centre Committee  

  

PRÉCIS

 

Under its Terms of Reference, the term of each Council-established Committee expires in conjunction with an Ordinary Local Government Election given that Committee membership discontinues automatically at that juncture in accordance with the Local Government Act 1995.  As such, a Council decision (by absolute majority) is needed if the Council requires its Committees to be re-established under this Act.

 

This report proposes that the Council reviews the operation of its Committees from the past two years and determines whether it requires those Committees to continue for the term of the next Council.  This also includes the City’s internal working groups and it is also proposed that the Council endorses the participation of Councillors on various external groups.

 

The practice of appointing Councillors to other internal groups and external organisations is also briefly discussed in this report, however, the appointment of members to the Committees and organisations will necessarily be dealt with after the Council election to occur on Saturday, 17 October, 2015.  Memberships will be determined at a Special Meeting of Council that is occurring on Monday, 19 October, 2015.

 

BACKGROUND

 

Committees

 

The Council currently has the following Committees formally established under the Local Government Act 1995:

 

CapeROC

Voluntary Regional Organisation of Councils

Finance

Standing Committee

Policy and Legislation

Standing Committee

Audit

Committee (with delegated authority)

Airport

Advisory Committee

Busselton Jetty

Advisory Committee

Meelup Regional Park

Management Committee

Community Resource Centre

Management Committee

Busselton Settlement Art Project

Steering Committee

 

Those Committees highlighted are not proposed to be re-established.

 

The following Committee is established under the Bush Fires Act 1954:

 

Bush Fires

Advisory Committee

 

This report recommends the re-establishment of all but two of the Committees mentioned above under the Local Government Act and the Bush Fires Act, the exceptions being the Busselton Jetty Advisory Committee and the Community Resource Centre Committee.  The other exception from this report is the Meelup Regional Park Management Committee which is dealt with in a separate report on this agenda, although it is proposed for re-establishment.

 

Working Groups and External Organisations

 

The list of working groups and other organisations on which Councillors currently serve is included in this report for information and consideration as to whether Councillors may wish to nominate for any of these positions at the Special Council Meeting on 19 October, 2015.

 

 

Committee

Membership

Local Emergency Management Committee

The Committee participates in the establishment of management practices for local emergencies.

Mayor Ian Stubbs

Councillor John McCallum

Councillor Tom Tuffin


 

City-formed Groups

Membership

Administration Building Working Group

The group assists the CEO and Project Manager with decisions relating to the building program and interior design for the new administration and civic centre.

Mayor Ian Stubbs

Councillor Jenny Green

Councillor Gordon Bleechmore

Deputy Councillor Terry Best


Busselton Jetty Reference Group

The reference group includes three Councillors, three members of the Busselton Jetty Environment and Conservation Association and City officers for jetty-related discussions.

Councillor Jenny Green

Councillor Grant Henley

Councillor Rob Bennett

Busselton Foreshore Reference Group

The group dealt with the consultative process and development of the Master Plan for the Busselton Foreshore.

Councillor Grant Henley

Councillor Rob Bennett

Dunsborough Foreshore Reference Group / Townscape

The group dealt with the consultative process and development of the Master Plan for the Dunsborough Foreshore and new townscape plans.

Councillor John McCallum

Councillor Rob Bennett

Local Planning Strategies Reference Group

A discussion forum for the development and review of local planning strategies following the implementation of the new town planning scheme.

Councillor Jenny Green

Councillor Coralie Tarbotton

Councillor Terry Best

Waste Advisory Group

The group participates in the development of strategies, both local and regional, for the future management of waste.

Councillor Terry Best

Councillor Jenny Green

Councillor John McCallum

Waterways Improvement Reference Group

The group assists with strategies relating to improvement of the Vasse River and other local waterways.

Councillor Coralie Tarbotton

Councillor Gordon Bleechmore

Councillor Rob Bennett

Councillor Tom Tuffin

Marketing and Events Reference Group

The group makes recommendations to Council on the allocation of marketing and events funding raised through the commercial differential rate.

Mayor Ian Stubbs

Councillor Grant Henley

Deputy Councillor John McCallum

Deputy Councillor Rob Bennett

Tennis Club Relocation Working Group

The group met on a few occasions to discuss the proposed tennis club relocation.

Councillor John McCallum

Kookaburra Caravan Park Working Group

The group met on a couple of occasions to discuss future plans for the Kookaburra Caravan Park.

Councillor Grant Henley

Councillor Terry Best

Strategic Land Review Group

The group participated in the strategic land audit process previously undertaken by the City.

Councillor Grant Henley

Councillor Gordon Bleechmore

Councillor Terry Best

Busselton Wetland Project Team

The team provides guidance on the development of the Busselton Wetlands concept through education, promoting the international significance and conservation.

Councillor Grant Henley

Councillor Rob Bennett

Energy Working Group

The group considers the development and implementation of energy efficiency initiatives.

Councillor John McCallum

Councillor Coralie Tarbotton

Environmental Reference Group

The group assists the development and implementation of the City’s Environment Strategy and provides a forum for discussion of environmental issues.

Councillor Coralie Tarbotton

Deputy Councillor John McCallum

Disability Access and Inclusion Plan Reference Group

The group assists with the implementation of initiatives identified in the Disability Access and Inclusion Plan.

Councillor Grant Henley

Councillor Tom Tuffin

Deputy Councillor Coralie Tarbotton

Performing Arts Centre Working Group

The group is charged with the responsibility of developing a business case to demonstrate the feasibility and viability of a future Performing Arts Centre.

Councillor Coralie Tarbotton

Councillor Jenny Green

Councillor Tom Tuffin

 

 

Ministerial appointments

Membership

Yallingup Land Conservation District Committee (LCDC)

The Councillor is appointed by the Minister to assist in Land Conservation initiatives in the Yallingup area.

Councillor Coralie Tarbotton

Development Assessment Panel

The Councillors are appointed by the Minister to the DAP which is charged with considering development applications above a certain value instead of the Council.

Mayor Ian Stubbs

Councillor Terry Best

Deputies:

Councillor Gordon Bleechmore

Councillor Grant Henley

 

 

 

External Groups

Membership

Geographe Bay Tourism Association Board

Now that the tourism organisation has become the Margaret River Busselton Tourism Association there is no longer a Councillor on the Board.

Councillor Grant Henley

Deputy Councillor Rob Bennett

Busselton Senior Citizens' Centre Board

The Councillor participates on the Board of Management established to run the Busselton Senior Citizens’ Centre.

Councillor Jenny Green

GeoCatch

The Board implements priority natural resource management action in the Geographe catchment area.

Councillor Coralie Tarbotton

(nominee of Mayor)

Regional Roads Group and Convention

The group exists to prioritise and resolve projects for the allocation of monies received by the RRG from State and Federal Government car-related taxes.

Councillor Gordon Bleechmore

Citizens' Advice Bureau

Offers an information and referral service that is free, confidential, impartial and community-based.

Councillor Tom Tuffin

Busselton and Sugito Sister Cities Association

The incorporated association manages the Sister City relationship with Sugito, Japan and arranges adult and youth exchanges.

Councillor John McCallum

Councillor Jenny Green

Port Geographe Community Consultation Forum

The liaison group includes State Government representatives and local residents to discuss Port Geographe issues.

Councillor Terry Best

Councillor Gordon Bleechmore

South West Zone Local Government Association

The association of 12 South West Local Governments that meets to consider WA Local Government Association initiatives.

Mayor Ian Stubbs

Proxies Councillor Jenny Green  and Councillor Terry Best

Busselton Historical Society

The society provides information on the history of the Busselton region to the public and runs the museum.

Councillor Rob Bennett

Deputy Councillor Jenny Green

Rails to Trails

Now called Wadandi Track Steering Committee

The group consists of representatives from the City and Shire of Augusta-Margaret River to oversee the development of the master plan for the Wadandi Track (a 106km rail-trail from Busselton to Augusta).

Councillor Tom Tuffin

Deputy Councillor Terry Best

Higher Education Forum

The group investigates opportunities for the provision of higher education facilities and programs in the City of Busselton.

Councillor Tom Tuffin

Naturaliste Roadwise Committee

Undertakes school leavers education program about the dangers of drink driving, advocates for the reduction of speed limits and provides roundabout education.

Councillor Gordon Bleechmore

Rural Clinical School

The School has the explicit goal of attracting more doctors to regional, rural and remote practice.

Councillor Gordon Bleechmore

Councillor Tom Tuffin

Deputy Councillor John McCallum

Sea Change Taskforce (now called Australian Coastal Councils’ Association) and Peron-Naturaliste Partnership (PNP)

The ACCA runs events and an annual conference to discuss issues of importance to coastal local governments.  The objective of the PNP is to provide a regional mechanism to facilitate effective adaptation responses to climate change.

Councillor Coralie Tarbotton

Councillor John McCallum

 

Those Groups highlighted are not proposed to be re-established.

 

When expressions of interest for membership of each of these Committees are sought after the 17 October, 2015 Local Government election, it is proposed that the Busselton Foreshore Reference Group, Dunsborough Foreshore Reference Group/Townscape, Tennis Club Relocation Working Group, Kookaburra Caravan Park Working Group and Strategic Land Review Group are not reformed.  The Busselton Foreshore Reference Group, Dunsborough Foreshore Reference Group/Townscape and Strategic Land Review Group have fulfilled their roles and responsibilities in the previous term and matters relating to the Tennis Club relocation and the Kookaburra Caravan Park will be dealt with as part of briefing sessions with all Councillors as required.

 

It is proposed to re-establish the Administration Building Working Group with two Councillors rather than the three previously involved now that the project is moving into the construction phase. In addition to the existing working groups, it is proposed to reinitiate the Locke Estate Working Group with Councillors, Officers and lessee representatives.  It is also proposed to extend the Councillor membership on the Marketing and Events Reference Group to three.

 

Now that the Geographe Bay Tourism Association no longer exists due to the formation of the Margaret River Busselton Tourism Association, there is no longer a role for a City of Busselton Councillor on the tourism association’s board. 

 

STATUTORY ENVIRONMENT

 

Under Section 5.8 of the Local Government Act 1995 (LG Act), a local government, by absolute majority, may establish Committees of three or more persons to assist the Council, and to exercise the powers and discharge the duties of the local government that can be delegated to committees.

 

Separately, Section 5.10 and 5.11A of the LG Act relates to the appointment of Committee members and Deputy Committee members.  It is noted that these requirements will be dealt with at a separate meeting following the election.

 

Section 5.16 of the LG Act also applies, whereby a local government may delegate to a Committee any of its powers and duties, other than this power of delegation.

 

A local government is required to have an audit committees by virtue of Section 7.1A(1) of the LG Act and certain powers and duties can be delegated to audit committees in accordance with Section 7.1B of the Act.

 

Part 2 of the Standing Orders Local Law relates to the establishment and membership of Committees.  Specifically, a Council resolution to establish a committee under section 5.8 of the Act is to include –

(a) the terms of reference of the committee;

(b) either –

- the names or titles of the members, employees and any other persons to be appointed to the committee; or

- the number of members, officers and any other persons to be appointed to the committee and a provision that they be appointed under a separate resolution; and

(c) details of the delegation of any powers or duties to the committee under section 5.16 of the Act.

 

Under Clause 67 of the Bush Fires Act 1954:

 

(1)       A local government may at any time appoint such persons as it thinks fit as a bush fire advisory committee for the purpose of advising the local government regarding all matters relating to the preventing, controlling and extinguishing of bush fires, the planning of the layout of fire‑breaks in the district, prosecutions for breaches of this Act, the formation of bush fire brigades and the grouping thereof under group brigade officers, the ensuring of co‑operation and co‑ordination of bush fire brigades in their efforts and activities, and any other matter relating to bush fire control whether of the same kind as, or a different kind from, those specified in this subsection.

 

(2)       A committee appointed under this section shall include a member of the council of the local government nominated by it for that purpose as a member of the committee, and the committee shall elect one of their number to be chairman thereof.

 

(3)       In respect to a committee so appointed, the local government shall fix the quorum for the transaction of business at meetings of the committee and may —

(a)       make rules for the guidance of the committee;

(b)       accept the resignation in writing of, or remove, any member of the committee; and

(c)       where for any reason a vacancy occurs in the office of a member of the committee, appoint a person to fill that vacancy.

 

(4)       A committee appointed under this section —

(a)       may from time to time meet and adjourn as the committee thinks fit;

(b)       shall not transact business at a meeting unless the quorum fixed by the local government is present;

(c)       is answerable to the local government and shall, as and when required by the local government, report fully on its activities.

 

RELEVANT PLANS AND POLICIES

 

Appointing members of the Council to Committees is subject to the requirements of Council Policy 014 – Convening the Council Following an Election.  Newly elected members need to make a declaration and once this has occurred, the first order of business for the newly convened Council must be the Election of a Mayor and Deputy Mayor.

 

A Special Meeting of the Council shall be convened for this purpose and wherever possible it shall occur on the Monday evening immediately following the ordinary election day.  The proceedings shall commence with the “Swearing In” ceremony for new Councillors to be followed by the Special Meeting for the election of the Mayor and Deputy Mayor and consideration of membership of the Council’s Committees and the appointment of Council delegates to other various groups.

 

This report provides the opportunity for the Councillors who have participated in all of the Committees in the past two years to review their operation and make a decision as to whether they should continue during the term of the next Council.

 

FINANCIAL IMPLICATIONS

 

None specific to the re-establishment of Committees as these Committees have been recognised in the current budget and corporate plan.

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The practice of matters being considered by various Committees established by the Council contributes to Governance systems that deliver responsible, ethical and accountable decision-making.

 

RISK ASSESSMENT

 

Risk

Controls

Consequence

Likelihood

Risk Level

Committees consider matters outside of their scope or Committee members fail to recognise interests

Provision of advice and officer attendance at various Committee meetings

Minor

Possible

Medium

 

CONSULTATION

 

The Shire of Augusta-Margaret River has been contacted and has indicated a desire to continue with the CapeROC arrangements in their current form

 

OFFICER COMMENT

 

CapeROC

 

CapeROC exists to enhance the capacity of both local governments to deliver social, economic and environmental benefits to their communities and the region. 

The objectives of the CAPEROC are:

·        to explore opportunities to foster Economic Development in the Capes Region;

·        to explore avenues to foster tourism in the Capes Region and improve the coordination of major regional events;

·        to safeguard, strengthen and grow the Margaret River and Geographe brands;

·        to explore opportunities to undertake projects of mutual benefit to the Shire and the City eg Rails to Trails network;

·        to develop opportunities to undertake capacity building activities for Councillors and staff in the Shire and the City;

·        to explore opportunities to develop funding submissions on a regional basis;

·        to evaluate possible resource sharing arrangements between the Shire and the City;

·        to identify skill shortages and to undertake workforce planning on a regional basis;

·        to explore opportunities to simplify and standardise policies in the region where appropriate; and

·        to consider the feasibility of establishing a Capes Regional Council.

 

An updated terms of reference document is provided at Attachment A.  No changes are recommended.  The current membership make-up is supported, whereby the Mayor of Busselton and President of Augusta-Margaret River and two other Councillors and the CEO from each organisation are members. 

 

 

 

 

Finance Committee

 

The Finance Committee exists to assist the Council to oversee the allocation of the local government's finances and resources.  The objectives of the Finance Committee are:

·    to examine all income and expenditure with the objective of identifying savings or other monies to be used for capital projects;

·    to assist the Council to prepare its long-term financial plans;

·    to review budget development processes;

·    to receive reports proposed to be put to the Council with significant financial implications or reports for the purposes of meeting the requirements of the Local Government (Financial Management) Regulations; and

·    to review and advise the Council on specific matters referred by the Council from time to time.

 

An updated terms of reference document is provided at Attachment B.  No changes are recommended.  As one of two of the Council's most important Committees along with the Policy and Legislation Committee (considered to be Standing Committees making recommendations directly to the Council) it is proposed that all Councillors are a member of one of these two Committees in the least.  Officers therefore propose that up to five Councillors are members, with the other four appointed as deputy members to allow any Councillor to act on and gain experience on this Committee as required.

 

Policy and Legislation Committee

 

The Policy and Legislation Committee exists to assist the Council to determine the local government's policies, and to carry out its legislative function.  The objectives of the Policy and Legislation Committee are:

·    to review delegations and policies of the City of Busselton;

·    to review Local Laws and other delegated legislation made by the City of Busselton;

·    to receive reports proposed to be put to the Council with significant policy or legislative implications; and

·    to review and advise the Council on specific matters referred by the Council from time to time.

 

An updated terms of reference document is provided at Attachment C.  No changes are recommended.  As one of two of the Council's most important Committees along with the Finance Committee (considered to be Standing Committees making recommendations directly to the Council) it is proposed that all Councillors are a member of one of these two Committees in the least.  Officers therefore propose that up to five Councillors are members, with the other four appointed as deputy members to allow any Councillor to act on and gain experience on this Committee as required.

 

Audit Committee

 

The Audit Committee has the following objectives:

·     to monitor the annual external audit and to liaise with the local government's auditor so that Council can be satisfied with the performance of the local government in managing its financial affairs;

·     to ensure openness in the local government's financial reporting and to liaise with the Chief Executive Officer (or his representative) to ensure the effective and efficient management of the local government's financial accounting systems and compliance with legislation; and

·     to facilitate:

the enhancement of the credibility and objectivity of external financial reporting;

compliance with laws and regulations as well as use of best practice guidelines relative to auditing;

the provision of an effective means of communication between the external auditor, the Chief Executive Officer (or his representative) and the Council; and

the effective conduct of internal audit and risk management activities.

 

The Audit Committee is established to fulfil the requirements of Local Government (Audit) Regulation 16.  Every local government must have an Audit Committee.  It is to provide an independent oversight of the financial systems of the local government on behalf of the Council.  No changes to the terms of reference are recommended. The proposed terms of reference document is provided at Attachment D. 

 

Airport Advisory Committee

 

The Airport Advisory Committee’s objectives are:

·     to foster liaison and cooperation between all stakeholders in the Busselton Regional Airport and the City of Busselton;

·     to provide a normalised, proper and formalised forum for the discussion of issues and the formulation of suggestions and/or recommendations on issues associated with the airport; and

·     to make recommendations to Council on matters associated with the future development of the Airport.

 

The continued role of the Airport Advisory Committee to assist the Council with the development of the Airport is supported.   The Committee has a critical role to play and is recognised in the Noise Management Plan to provide input into:

·     high level direction for Airport development and management;

·     changes to the Noise Management Plan;

·     initial applications for flight training;

·     applications for ongoing special event or special circumstance exemptions.

It is recommended that the Committee is established in accordance with terms of reference at Attachment E.

 

Busselton Settlement Art Project Steering Committee

 

The Busselton Settlement Art Project Steering Committee’s objectives are:

·     to oversee the commissioning of sculptures proposed under the “Busselton Settlement Art Project” as approved by the Council;

·     to provide for the disbursement of funds, as approved by the Council, for use by the fundraising group for the purposes of raising the necessary funds for the “Busselton Settlement Art Project”; and

·     to perform other activities from time to time as approved by the Council.        

 

The re-establishment of this Committee to oversee the commissioning of sculptures in the Settlement Art Project and to approve funds for fundraising activities is supported in accordance with the terms of reference at Attachment F.

 

Bush Fires Advisory Committee

 

The objectives of the Bush Fires Advisory Committee are:

·     to provide advice to Council in regard to all matters relating to bush fire control, prevention and management, including recommendation on the annual firebreak requirements, capital (equipment) purchase, review of firefighting/prevention practices and firefighting training;

·     to develop a bush fire strategic plan incorporating plant, firebreak order development process and strategic firebreak development, to be endorsed by Council; and

·     to care for, control and manage the bush fire risk within the district of the City of Busselton.

 

The re-establishment of this important Committee in accordance with the Bush Fires Act is supported in accordance with the terms of reference at Attachment G.

 

Busselton Jetty Advisory Committee

 

This Committee currently consists of three elected members who also sit on the Busselton Jetty Reference Group (BJRG) with Busselton Jetty Environment and Conservation Association (BJECA) representatives.  It is considered that the BJRG can adequately deal with matters relating to the Busselton Jetty and is the appropriate forum to do so.  The Busselton Jetty Advisory Committee is therefore not required.

 

Community Resource Centre Management Committee

 

This Committee has operated as a Committee of Council since the completion of the Community Resource Centre.  It is, however, dealing with matters of a more operational nature and therefore has not in the past made recommendations to Council as a result of matters being considered by the Committee.  It is therefore proposed that a Community Resource Centre Working Group is formed rather than a formal Committee of Council.

 

Meelup Regional Park Management Committee

 

The Meelup Regional Park Management Committee exists to:

·        assist the Council in managing and promoting Meelup Regional Park;

·        ensure that the full range of issues relevant to the making of decisions about the management and promotion of the Park are considered, including environmental, amenity, recreational, community, social, economic and financial considerations; and

·        build and maintain productive working relationships between the Council, City officers, volunteers and users of the Park, as well as other stakeholders.

 

This Committee is being dealt with via a separate report on this agenda due to a recent review of the Terms of Reference with the Committee.

 

CONCLUSION

 

The Council is requested to assess the effectiveness of its Committee system over the past two years and to make a determination as to those Committees it requires to continue.

 

OPTIONS

 

The Council may determine that it does not require any or all of these Committees, with the exception of the Audit Committee, or may require changes to be made to any of the terms of reference.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Members will be appointed to any Committees that the Council establishes at a Special Meeting of Council scheduled for 19 October, 2015.


 

Council Decision and Officer Recommendation

C1510/294    Moved Councillor G Bleechmore, seconded Councillor G Henley

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council:

 

1.         Establishes, with the Council of the Shire of Augusta-Margaret River, a CapeROC Committee with a term to expire on 21 October, 2017, in accordance with the Terms of Reference at Attachment A.  From the City of Busselton, the Mayor, two Councillors and the CEO shall be members. Members will be appointed by separate resolution.

 

2.         Establishes a Finance Committee with a term to expire on 21 October, 2017, in accordance with the Terms of Reference at Attachment B.  Five Councillors shall be members and four Councillors shall be deputy members. Members will be appointed by separate resolution.

 

3.         Establishes a Policy and Legislation Committee with a term to expire on 21 October, 2017, in accordance with the Terms of Reference at Attachment C.  Five Councillors shall be members and four Councillors shall be deputy members. Members will be appointed by separate resolution.

 

4.         Establishes an Audit Committee with a term to expire on 21 October, 2017, in accordance with the Terms of Reference at Attachment D.  Three Councillors shall be members and two Councillors shall be deputy members. Members will be appointed by separate resolution.

 

5.         Establishes an Airport Advisory Committee with a term to expire on 21 October, 2017, in accordance with the Terms of Reference at Attachment E.  Four Councillors shall be members and two Councillors shall be deputy members. Members will be appointed by separate resolution.

 

6.         Establishes a Busselton Settlement Art Project Steering Committee with a term to expire on 21 October, 2017, in accordance with the Terms of Reference at Attachment F.  One Councillor shall be a member, one Councillor a deputy member, with the provision for six community members. Members will be appointed by separate resolution.

 

SIMPLE MAJORITY REQUIRED

 

7.         Establishes a Bush Fires Advisory Committee in accordance with the Terms of Reference at Attachment G.  The Councillor Member will be appointed by separate resolution.

 

8.         Establishes the following working/reference/advisory groups and team:

 

Administration Building Working Group


Busselton Jetty Reference Group

Local Planning Strategies Reference Group

Waste Advisory Group

Waterways Improvement Reference Group

Marketing and Events Reference Group

Busselton Wetland Project Team

Energy Working Group

Environmental Reference Group

Disability Access and Inclusion Plan Reference Group

Performing Arts Centre Working Group

Community Resource Centre Working Group

Vasse Recreational Facilities Working Group

 

9.         Endorses the participation of Councillors on the following external Committees and groups:

 

Yallingup Land Conservation District Committee (LCDC)

Busselton Senior Citizens' Centre Board

GeoCatch

Regional Roads Group and Convention

Citizens' Advice Bureau

Busselton and Sugito Sister Cities Association

Port Geographe Community Consultation Forum

Busselton Historical Society

Rails to Trails

Higher Education Forum

Naturaliste Roadwise Committee

Rural Clinical School

Australian Coastal Councils’ Association and Peron-Naturaliste Partnership (PNP)

CARRIED 9/0

by absolute majority

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DISCLOSURE OF INTEREST

Name/Position

Councillor Grant Henley

Item No./Subject

15.3 – Councillors’ Information Bulletin relating to DA15/0511

Type of Interest

Financial Interest

 

5:55pm          At this time Councillor G Henley left the meeting.

15.3           COUNCILLORS' INFORMATION BULLETIN

SUBJECT INDEX:

Councillors' Information

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Executive Services

ACTIVITY UNIT:

Executive Services

REPORTING OFFICER:

Reporting Officers - Various .

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

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

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

Attachment c    Certificate of Appreciation - Mackillop Catholic College

Attachment d   Letter of Appreciation - Busselton Wildflower Exhibition

Attachment e    Surf Life Saving Western Australia - Annual Report 2015

Attachment f    State Administrative Tribunal Appeals as at 31 May 2015  

  

PRÉCIS

 

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

 

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

 

 

INFORMATION BULLETIN

15.3.1 Planning & Development Services Statistics

 

Planning Applications

 

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

 

Attachment B is a report detailing all Planning Applications determined by the City between 1 and 15 September, 2015.  A total of thirty four applications (including subdivision referrals) were determined by the City during this period with thirty three approved / supported and one subdivision application not supported.

15.3.2 Endorsement of Development Guide Plans / Detailed Area Plans

 

Ref:  DP15/0004 - The draft modified Development Guide Plan (DGP) for Lot 9033 Commonage Road, Dunsborough was adopted by the Director Planning & Development Services, under delegation, following referral to Councillors.  The modified DGP comprises a minor review of the residential density codes, adjustments to the road layout and relocation of public open space.  The modified DGP also incorporates a minor coding change to R30 for several discreet groups of lots elsewhere within R20 coded areas that are at the lower end of the lot size range and, as such, present limitations in terms of house design due to front setback requirements.

 

The draft modified DGP is pending WA Planning Commission endorsement.

 

Ref:  DP14/0014.1 - An amendment to the Detailed Area Plan (DAP) for the Vasse Townsite was endorsed by the Director Planning & Development Services, under delegation, following referral to Councillors.  The amended DAP for the Vasse Village Centre Stage 1 provides for the inclusion of the Design Guidelines that support the ‘village’ vernacular sought by the Plan’s Design Vision.  The Design Guidelines provide a colour and texture palate and the control of fencing within the area of the service station and takeaway outlets.

15.3.3 Certificate of Appreciation from Mackillop Catholic College

 

Correspondence has been received from Mackillop Catholic College in appreciation of a contribution made by the City towards the 2015 Year 12 Leavers Day.

15.3.4 Letter of Appreciation from Busselton Wildflower Exhibition

 

Correspondence has been received from the Busselton Wildflower Exhibition in appreciation of Sponsorship made by the City.

15.3.5 Surf Life Saving Western Australia – Annual Report 2015

 

The 2015 Annual Report has been received from Surf Life Saving Western Australia and is available to view in the Councillors Office.

15.3.6 State Administrative Tribunal (SAT) Appeals

 

Attachment F is a list showing the current status of State Administrative Tribunal Appeals involving the City of Busselton as at 31 May 2015.

 

Council Decision and Officer Recommendation

C1510/295    Moved Councillor C Tarbotton, seconded Councillor R Bennett

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

·    15.3.1   Planning & Development Services Statistics

·    15.3.2   Endorsement of Development Guide Plans / Detailed Area Plans

·    15.3.3   Certificate of Appreciation from Mackillop Catholic College

·    15.3.4   Letter of Appreciation from Busselton Wildflower Exhibition

·    15.3.5   Surf Life Saving Western Australia – Annual Report 2015

·    15.3.6   State Administrative Tribunal (SAT) Appeals

CARRIED 8/0

 

5:55pm          At this time Councillor G Henley returned to the meeting.

 

10.9           Meelup Regional Park Management Committee - 29/09/2015 - REVIEW OF COMMITTEE TERMS OF REFERENCE AND MEELUP GOVERNANCE/ MANAGEMENT ARRANGEMENTS

SUBJECT INDEX:

Committee Meetings

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Development Services; Environmental Services

ACTIVITY UNIT:

Meelup Regional Park

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   Revised Governance Arrangements as adopted by Council

Attachment b    Revised Governance Arrangements following Working Group review  

 

This item was considered by the Meelup Regional Park Management Committee at its meeting on 29 September 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The Council is asked to consider, following recent Committee and Council consideration and following further review by a Working Group established by the Council, revised terms of reference/governance arrangements for Meelup Regional Park generally and the Meelup Regional Park Management Committee specifically.

 

BACKGROUND

 

At its ordinary meeting of 26 October 2015, the Council considered a report and both officer and Committee recommendations relating to a review of the Meelup Regional Park Management Committee’s terms of reference and Park governance/management arrangements more broadly. At that time, the Council resolved to, in summary –

 

1.    Adopt revised terms of reference/governance arrangements, subject to a further review by a Working Group consisting of the Mayor. Deputy Mayor, Committee Presiding Member, Committee Deputy Presiding Member and CEO or representative, for further review by both the Committee and the Council prior to the next ordinary Council election;

 

2.    Adopt a number of key focus areas in relation to the management of the Park for the balance of the 2015/16 financial year;

 

3.    Support formation of an incorporated ‘Friends of Meelup Regional Park’ group; and

 

4.    Amend the City’s adopted budget to facilitate provision of ‘Meelup Environment Officer’ services through use of City staff.

 

This report is now presented for Council consideration in pursuance of point one above, following formal consideration and the making of a recommendation by the Committee.

 

The revised terms of reference/governance arrangements, as adopted by the Council, are included as Attachment A.

 

The Working Group met on 17 September 2015, prior to which there had been some additional liaison between the Councillor and Committee member representatives, as well as some liaison between the Committee member representatives and other Committee members. Following the Working Group meeting, a draft version of the revised terms of reference/government arrangements was distributed to Working Group members for further consideration and feedback, and City officers understand that the version presented as Attachment B represents the consensus view of the Working Group, other than in one particular respect, which is outlined and discussed in the ‘Officer Comment’ section of this report below.

 

Key differences between the document adopted by the Council (prior to the review by the Working Group) and the version presented as Attachment B (which incorporates changes arising from the review by the Working Group) are considered to be –

 

1.    The re-inclusion of the word ‘Management’ in the title of the Committee;

 

2.    Inclusion of a description of the process associated with appointing community members to the Committee;

 

3.    Identification of the key guiding documents to be considered by all decision-makers in relation to the management of the Park;

 

4.    Inclusion of clarification that only the Presiding Member or Deputy Presiding Member may speak on behalf of the Committee, and that any issues that community members on the Committee have should be identified with and directed through the Presiding Member or Deputy Presiding Member; and

 

5.    Inclusion of clarification that ‘consensus’ between Committee members and City officers on a particular matter can be achieved outside of an informal meeting, primarily via email communication.

 

STATUTORY ENVIRONMENT

 

An extensive overview of the relevant statutory environment was provided in the report on this matter previously considered by the Committee and, subsequently, by the Council on 26 August 2015.

 

RELEVANT PLANS AND POLICIES

 

One of the changes identified by the Working Group was to identify key guiding documents, which are proposed to be identified as –

 

1.    Meelup Regional Park Management Order;

 

2.    Meelup Regional Park Management Plan;

 

3.    City of Busselton Standing Orders Local Law;

 

4.    City of Busselton Code of Conduct;

 

5.    City of Busselton Community Strategic Plan;

 

6.    City of Busselton Long Term Financial Plan;

 

7.    City of Busselton Adopted Annual Budget; and

 

8.    City of Busselton Local Laws, Determinations and Council Policies.

 

With respect to point eight above, note that a number of Local Laws, notably the Property Local Law, and some Acts, notably the Dog Act, allow the Council to make ‘determinations’ about how certain activities are managed or regulated, and these can be important to management of the Park. The prohibition of dogs within the Park (other than some areas adjacent Eagle Bay townsite), for instance, arises from a determination that the Council has made pursuant to the Dog Act.

 

FINANCIAL IMPLICATIONS

 

Nil.

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendations of this report reflect Strategic Objective 6.2 of the City’s Community Strategic Plan 2013, which is ‘Governance systems that deliver responsible, ethical and accountable decision making’.

 

RISK ASSESSMENT

 

An assessment of implementing the recommendations of this report has been undertaken against the City’s risk assessment framework. The assessment sought to identify ‘downside’ risks only, rather than ‘upside’ risks. Risks are only identified where the residual risk, once controls are considered, is ‘medium’ or greater.

 

Risk

Controls

Consequence

Likelihood

Risk Level

Reputational risk if existing Committee members are not supportive of proposed changes

Ensure proposals well developed and effectively communicated.

Regular and open communication with Committee members.

Minor

Possible

Medium 8

 

CONSULTATION

 

As noted, the recommendations of this report seek to reflect consideration by a Working Group established by the Council.

 

OFFICER COMMENT

 

City officers undertook a review of the Committee terms of reference and broader governance arrangements following discussion with and between Councillors and some Committee members. The report presented to the Council on 26 August 2015 set out the key issues and potential/proposed changes considered appropriate by City officers. The Council adopted revised arrangements on 26 August 2015, making a series of changes to the proposals that had been presented by City officers to the Committee and the Council, and also deciding to form a Working Group to identify further, potential changes.

The recommendations of this report are understood to reflect the consensus position of the Working Group, other than in one particular respect, where the recommendations are understood to represent the ‘majority’ Working Group view, but neither complete agreement nor reasonable consensus had been achieved at the time of the finalization of this report, and there was neither the time available, nor was the issue considered significant enough, to either allow or require further Working Group consideration prior to finalizing this report and its recommendations. Instead, the report has been finalized noting the issue and therefore ensuring Committee and Council consideration of the issue in question.

 

In Attachment B, under the heading ‘process associated with appointing community members to the Committee’, points 1 and 5 effectively refer to a ‘panel’ which is to be given two key functions –

 

1.    To meet and agree the aims/objectives in terms of the skills, background or interests, or mix of skills, background and interests, of the person(s) that it would be most appropriate and desirable to include on the Committee; and

 

2.    Once expressions-of-interest have been sought and received from interested members of the community, the ‘panel’ should meet again to assess the expressions-of-interest that have been received.

 

It should be noted that this arrangement does not in any way derogate from the reality that decisions about who is appointed to the Committee are fundamentally and finally made by the Council itself, at the Council’s essentially unfettered discretion.

 

In Attachment B, this ‘panel’ is described as consisting of the Mayor, Presiding Member of the Committee and Chief Executive Officer or Chief Executive Officer’s nominee – at least one Working Group member has expressed a view that the Chief Executive Officer or Chief Executive Officer’s nominee not be a member of this ‘panel’. There is not seen to a ‘right’ or ‘wrong’ answer to this question and there are cogent arguments either way. Officers, however, feel that it is important that City officer insight as to the most appropriate skills, background or interests to be sought at any given time would be useful at the start of the process.

 

CONCLUSION

 

City officers consider that the revisions made as a result of the Working Group review are useful and appropriate improvements on the revised terms of reference/governance arrangements as adopted by the Council on 26 August 2015, and it is recommended that the Council endorse the proposed arrangements.

 

OPTIONS

 

There are a range of options conceivably available to the Council, including reverting to the arrangements adopted by the Council prior to the Working Group review, reverting to the existing terms of reference, or making further changes to what is now recommended following the Working Group review. For a range of reasons, as set out and explained in the report considered by the Council on 26 August 2015, City officers do not consider that reversion to the existing terms of reference is appropriate.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

If the Council resolves in a manner consistent with the officer recommendation, the recommendation would be implemented through inclusion of the revised terms of reference/governance arrangements in a report to be considered by the Council at a special meeting on 19 October 2015, shortly after the next ordinary election.

OFFICER RECOMMENDATION

 

That the Council adopt revised governance arrangements and terms of reference for the Meelup Regional Park Management Committee, to commence after the next ordinary Council election, as set out at Attachment B.

 

Note:              Upon further review of the proposed governance arrangements and terms of reference for                     Meelup Regional Park Management Committee, the Committee has recommended minor             changes to the points listed in the Committee Recommendation presented below. The                                  changes relate to the Revised Governance Arrangements following Working Group review,                 being section 4 of the Process associated with appointing community members to the                               committee and section 4.2 relating to authority to speak on behalf of the Committee.

 

COMMITTEE RECOMMENDATION

 

That the Council adopt revised governance arrangements and terms of reference for the Meelup Regional Park Management Committee, to commence after the next ordinary Council election, as set out below.

 

The City of Busselton is the management body for Meelup Regional Park, which is A Class Reserve 21629, for the purpose of Conservation and Recreation, and a formal management plan adopted by the Council and the Minister for Lands pursuant to section 49 of the Land Administration Act 1997. In addition to the Council and City officers, the other key elements of the governance arrangements that the Council has either established, or seeks to see established, to assist in ensuring the continuing and appropriate management of the Park are

 

·        The Meelup Regional Park Management Committee (the terms of reference for which are set out below); and

 

·        The Friends of Meelup Regional Park Incorporated (which, at the time of writing, has not yet been formed).

 

Note: Should the formation of the Friends Of Meelup Regional Park Incorporated not prove successful, these Governance Arrangements will be reviewed.

 

Roles of different elements of governance arrangements

 

The roles of the key elements of the governance arrangements are generally as described below

 

•    Council:

1.     Establishes the Committee membership and terms of reference;

2.     Sets strategic direction having considered advice provided by the Committee and City officers;

3.     Adopts statutory plans relating to the Park, both at draft adoption and final adoption stage, having considered advice provided by the Committee and City officers;

4.     Adopts non-statutory plans if there is no consensus between the Committee members and City officers;

5.     Sets the annual budget and long term financial planning;

6.     In partnership with the Committee and City officers, sets annual key focus areas for the Committee and City officers;

7.     Determines direction (through formal Council meeting processes) on other matters where there is no consensus between Committee members and City officers; and

8.     Ensures all matters relating to Meelup Regional Park are notified to the Committee through the Presiding Member as soon as possible and practicable.

9.     Requires that City officers work pro-actively to develop the concept of the Friends of Meelup Regional Park Incorporated with the aim of ensuring its viability and sustainability.

 

•     Committee:

1.     In partnership with the Council, Friends of Meelup Regional Park Incorporated (if and when that body is formed) and City officers to assist in the management the Meelup Regional Park, including  as per the delegated authority from the Council.

2.     Provides advice and/or recommendation to the Council about Committee membership and terms of reference;

3.     Provides advice and/or recommendation to the Council about strategic direction .

4.     Provides advice and/or recommendation to the Council about statutory plans relating to the Park .

5.     In partnership with City officers, provide periodic (generally twice annual) briefings to Councillors on matters relating and affecting management of the Park

6.     Adopts non-statutory plans if there is consensus between the Committee members and City officers, and if, because the adoption of the plan would be strategically significant or a matter of significant community interest, it is not appropriate for such plans to be adopted by a decision formally made by City officers;

Note: Non-statutory plans are those plans that are not adopted by the City in a formal sense pursuant to a particular statutory power or powers before being implemented. Examples of such plans are plans for construction work or plans for undertaking research work in the Park. Examples of statutory plans, on the other hand, include adoption of changes to the Management Plan or any other plans which need to be adopted pursuant to a particular statutory power. An example of a non-statutory plan that might be considered for adoption by a formal Committee decision, rather than by a decision formally made by City officers following informal consultation with Committee members, is the plan for development of a whale watching platform at Point Picquet.

7.     Provides formal recommendation (through formal Committee meeting processes) to the Council on other matters where there is no consensus between Committee members and City officers;

8.     Through informal meetings of City officers and Committee members, provides regular information and feedback to City officers on matters relating to and affecting the management of the Park; and

9.     Especially until such time as the Friends of Meelup Regional Park Incorporated has been formed, in partnership with City officers, assists in the encouragement, coordination and facilitation of volunteer involvement in the management and promotion of the Park.

 

•        Friends of Meelup Regional Park Incorporated:

1.    In partnership with Meelup Regional Park Management Committee and City officers, encourages, coordinates and facilitates volunteer involvement in the management and promotion of the Park;

2.    Through informal meetings of City officers and Committee members, provides regular information and feedback on volunteer activities and other matters relating to and affecting the management of the Park;

3.    Nominates representatives to be on the Committee, subject to Council endorsement; and

4.    Other matters as set out in a memorandum of understanding with the City that is to be developed.

 

•    City officers:

1.     Provide advice to the Council about Committee membership and terms of reference.

2.     Assist Council and the Committee in recruitment of Committee members.

3.     Provide advice to the Council and Committee about strategic direction, 

4.     Provide advice to the Council and Committee about statutory and non-statutory plans relating to the Park.

5.     Provide regular (generally monthly) briefings to Committee members through informal meetings of City officers and Committee members on matters relating to and affecting the management of the Park;

6.     Ensure all matters relating to Meelup Regional Park are notified to the Committee through the Presiding Member as soon as possible and practicable.

7.     In partnership with the Committee, provide periodic (generally  twice annual) briefings to Councillors on matters relating to and affecting the management of the Park;

8.     Following receipt of information or feedback  at informal meetings of City officers and Committee members, present proposed annual budget and long term financial plan allocations to the Council for consideration;

9.     Where the context requires, or there is no consensus between City officers and Committee members, present formal reports to the Committee, so that the Committee can make a formal recommendation to the Council in relation to those matters (Where the Committee makes a recommendation to the Council inconsistent with the officer recommendation presented to the Committee, City officers may also present an alternative officer recommendation to the Council when such matters are formally presented to the Council, in addition to ensuring that Committee recommendations are also presented to the Council, in verbatim form);

10.   Implement the Councils budget with respect to the Park;

11.   Maintain roads, paths, ablution facilities and other basic infrastructure, in partnership with the volunteers (and Friends of Meelup Regional Park Incorporated) where appropriate;

12.   Apply and enforce laws that relate to management of the Park in accordance with relevant Council Policy.

13.  In partnership with the Committee and/or Friends of Meelup Regional Park Incorporated, encourage, coordinate and facilitate volunteer involvement in the management and promotion of the Park.

 

 

 

 

Process associated with appointing community members to the Committee

 

Following the re-formation of the Committee following the 2015 ordinary Council election, at which time it is expected that community members of the Committee immediately prior to that time with an interest in a continuing involvement will be reappointed by the Council, the process associated with appointing community members to the Committee shall be generally as follows -

 

1.    The Mayor, Presiding Member of the Committee and Chief Executive Officer or Chief Executive Officers nominee shall meet to discuss and agree the aims/objectives in terms of the skills, background or interests, or mix of skills, background and interests, of the person(s) that it would be most appropriate and desirable to include on the Committee at that time, and the agreed direction in that regard shall be reflected in the process associated with the attraction and assessment of potential community members;

 

2.    City officers shall arrange to publicly advertise community member vacancies, seeking expressions-of-interest from suitable members of the community;

 

3.    Interested members of the community shall be required to submit an expression-of-interest (1-2 pages long only) setting out what value they believe they would bring to the Committee and why they are interested in becoming a member;

 

4.    The Mayor and the Presiding Member of the Committee shall meet again to assess the expressions-of-interest that have been received, identify and agree the preferred candidates to fill one or more of the positions that are vacant at that time, (priority consideration will be given to existing deputy members) following which City officers will present a report to the Council reflecting the assessment of the Mayor and Presiding Member;

 

5.    If there are still vacant positions following the completion of the process set out above, the process will recommence.

 

Note: When the ‘Friends of Meelup Regional Park Incorporated’ has been formed, the intention is that the Committee may include representatives of that group, and there may need to be a review of the process outlined above.

 

Key guiding documents to be considered by all decision-makers in managing the Park

 

Key guiding documents to be considered by all decision-makers in managing the Park include –

 

1.    Meelup Regional Park Management Order;

 

2.    Meelup Regional Park Management Plan;

 

3.    City of Busselton Standing Orders Local Law;

 

4.    City of Busselton Code of Conduct;

 

5.    City of Busselton Community Strategic Plan;

 

6.    City of Busselton Long Term Financial Plan;

 

7.    City of Busselton Adopted Annual Budget; and

 

8.    Relevant City of Busselton Local Laws, Determinations and Council Policies.

 

Meelup Regional Park Management Committee Terms of Reference

 

1.         Introduction

 

The Council of the City of Busselton has established the Meelup Regional Park Management Committee pursuant to sections 5.8 and 5.9(2)(d) of the Local Government Act 1995.

 

2.0      Purpose

 

2.1       To assist the Council in managing and promoting Meelup Regional Park..

 

2.2       To ensure that the full range of issues relevant to the making of decisions about the management and promotion of the Park are considered, including environmental, amenity, recreational, community, social, economic and financial considerations..

 

2.3       To build and maintain productive working relationships between the Council, City officers, volunteers and users of the Park, as well as other stakeholders.

 

3.0      Membership

 

3.1       Two elected members as appointed by the Council, as follows

 

To be added

 

3.2       One deputy elected member as appointed by the Council (The deputy elected member should be notified if their presence at the meeting is required due to the absence of an elected member), as follows

 

To be added

 

3.3       Six community members as appointed by the Council , as follows

 

To be added

 

3.4       Two deputy community members as appointed by the Council, who may be present at all Committee meetings as non-voting members, including when matters are being considered behind closed doors .

 

Note: When the ‘Friends of Meelup Regional Park Incorporated’ has been formed, the intention is that the Committee may include representatives of that group.

 

3.5       Membership of the Committee shall, unless determined otherwise, be for a term of approximately two years, ceasing on the day of the next ordinary Council election.

 

3.6       If any member is absent from the Committee for three consecutive meetings without approved leave of absence from the Committee, the Chief Executive Officer shall present a report to the Council so that the Council may determine whether to continue that persons membership of the Committee.

 

 

 

 

4.0       Presiding Member/Deputy Presiding Member

 

4.1       The Committee shall appoint a Presiding Member and Deputy Presiding Member to run its meetings. The Presiding Member shall ensure that business at formal meetings is conducted in accordance with the City of Busselton Standing Orders Local Law.

 

4.2       The Presiding Member or, in their absence, the Deputy Presiding Member, may     speak on behalf of the Committee. Another member may speak on behalf of the Committee with authorisation from the Presiding Member.

 

4.3       If any community member of the Committee has any concern in relation to the governance or management of the Park that they do not feel is being adequately addressed or resolved, they should raise that concern with the Presiding Member or, in their absence, the Deputy Presiding Member, who, having considered the matter, may raise the matter with either City officers or with the elected members on the Committee.

 

5.0      Formal Meetings

 

5.1       Formal meetings of the Committee shall be scheduled when the need for a meeting is identified by either the Presiding Member or Chief Executive Officer, and only when there is a need for a matter to be subject of a formal decision of the Committee and/or the Council, and in any case no less often than twice annually and no more frequently than once a month.

 

Note: Matters that would require a formal decision of the Committee are any matter that requires a formal resolution of the Council (such as any change to the membership or terms of reference of the Committee, any amendment to the budget, any matter that requires, from a legal/statutory perspective, a formal decision of the Council, any other matter that the Presiding Member of the Committee, having received and considered the advice of City officers, considers requires formal consideration by the Council, and/or matters that require a formal decision of the Council because consensus has not been achieved in an informal meeting, as set out in Part 7.0 of these Terms of Reference), as well as matters on which a decision is required and which are considered to be of high strategic importance and/or broad public interest (such as proposals for significant infrastructure or significant changes to the management of the park, but not usually individual works projects or events, or the noting of plans, studies or similar, which are primarily or wholly being presented to the Committee for information purposes). 

 

5.2      Formal meeting agendas shall be distributed by the Chief Executive Officer to Committee members no less than seven days prior to the meeting.

 

5.3      Where a Committee member wishes the Committee to consider an alternative to the officer recommendation in relation to any particular item, they shall indicate in writing (preferably email) to the Chief Executive Officer or Chief Executive Officers nominee and the Presiding Member their intention to do so, setting out their proposed alternative and the reasons for that alternative, no less than 24 hours prior to the scheduled commencement of the meeting. The Chief Executive Officer or Chief Executive Officers nominee shall provide officer comment on the proposed alternative in writing to Committee members prior to the scheduled commencement of the meeting.

 

Note: In relation to alternative recommendations put forward by Committee members, City officers are able to assist in the drafting of alternative recommendations, but that should not be construed as indicating officer support for any alternative that may be proposed.

 

5.4      The Chief Executive Officer shall ensure that minutes of formal meetings are kept, presented for review and adoption at the subsequent formal meeting, and provided to the Council for information as part of the first practicable ordinary Council meeting agenda following the formal Committee meeting.

 

5.5      Where the Committee makes a decision in a formal meeting that involves the making of a recommendation for consideration by the Council, the Chief Executive officer shall ensure that the recommendation is presented to the Council as part of the first practicable ordinary Council meeting agenda following the formal Committee meeting. Where the Committee makes a recommendation to the Council inconsistent with the officer recommendation presented to the Committee, City officers may also present an alternative officer recommendation to the Council when such matters are formally presented to the Council, in addition to ensuring that Committee recommendations are also presented to the Council, in verbatim form..

 

5.6      Quorum for a meeting shall be at least 50% of the members (i.e. four).

 

5.7      Meetings shall be open to the public, unless items are of a nature that can be considered confidentially pursuant to the Local Government Act 1995.

 

6.0      Delegated Powers

 

Pursuant to section 5.17 of the Local Government Act 1995, the Committee, when constituted for a formal meeting, is delegated to adopt plans, policies or documents that relate to management of the Park, other than where those plans, policies or documents require adoption pursuant to a particular statutory power, but may not make any decision that would require expenditure of funds contrary to the adopted budget and any decisions shall not be actioned until the Committee meeting minutes have been formally considered by the Council.

 

7.0       Informal Meetings/Deliberations

 

7.1      Informal meetings of Committee members and City officers involved in management of the Park shall be scheduled when the need for a meeting is identified by either the Presiding Member, the Chief Executive Officer or the Chief Executive Officers nominee, and in any case no less often than every two months and no more frequently than once per month (notwithstanding that, the Committee members and City officers may agree to establish informal working groups or similar charged with addressing particular issues and which may meet as deemed appropriate), and when a formal meeting is also scheduled in the respective month, informal meetings shall take place immediately following the formal meeting.

 

7.2      The purpose of informal meetings and other forms of informal deliberation (primarily, this would entail email communication involving all Committee members and relevant City officers) involving Committee members and City officers shall be to identify and assess matters relating to and affecting the management of the Park, and where necessary and possible, agree a consensus position on the approach to be taken with respect to those matters.

 

7.3      Where consensus on a particular matter is achieved at an informal meeting of Committee members and City officers, or through other forms of informal deliberation, City officers where delegated, authorised or otherwise empowered to do so, shall take the necessary steps to ensure that the consensus position on a particular matter is implemented.

 

Note: Consensus means general agreement, it is not necessarily achieved through a simple majority vote and nor does it necessarily require unanimity. Judgement as to whether consensus has been achieved should not usually involve any kind of voting procedure or similar. A judgement that consensus has been achieved on a particular matter pursuant to clause 7.3 above will require both the Presiding Member at the meeting and the Chief Executive Officer or the Chief Executive Officers nominee to be of the view that there is general agreement. If that does not occur, consensus has not been achieved and the matter shall be addressed as per clause 7.4 below.

 

7.4      Where a consensus position on any particular matter cannot be achieved, the Chief Executive Officer shall ensure that a report is prepared to be presented to and considered by the Committee in a formal meeting, following which the matter will be presented for formal consideration at an ordinary meeting of the council.

 

7.5      The Chief Executive Officer or the Chief Executive Officers nominee shall ensure that notes of informal meetings are prepared and distributed to all Committee members and the City officers present at the meeting for their review within seven days of the meeting. If the Committee members or City officers present at any particular meeting have any concerns with the notes prepared, they should advise the Presiding Member and Chief Executive Officer or the Chief Executive Officers nominee as soon as possible and in any case prior to the next informal meeting, and where that occurs the Presiding member shall ensure that the matter is resolved to the extent necessary and practicable at the next informal meeting, with the outcome to be reflected in the notes of that next informal meeting. Notes shall record the outcomes of discussions, but not the content of those discussions.

 

7.6      Informal meeting agendas shall be developed in consultation between the Presiding Member (or Deputy Presiding Member in the Presiding Members absence) and Chief Executive Officer or the Chief Executive Officers nominee, and shall be distributed to Committee members no less than three days prior to the meeting.

 

7.7      Informal meetings shall not generally be open to the public, although the Presiding Member may agree to invite members of the public to be present when particular matters of interest are being considered, following consultation with Chief Executive Officer or the Chief Executive Officers nominee.

 

8.0       Key Guiding Documents

 

The following are the key guiding documents relating to the role of the Committee -

 

1.         Meelup Regional Park Management Order;

 

2.         Meelup Regional Park Management Plan;

 

3.         City of Busselton Standing Orders Local Law;

 

4.         City of Busselton Code of Conduct;

 

5.         City of Busselton Community Strategic Plan;

 

6.         City of Busselton Long Term Financial Plan; and

 

7.         City of Busselton Adopted Annual Budget; and

 

8.         Relevant City of Busselton Local Laws, Determinations and Council Policies.

History

 

9 October, 2013

 

12 October, 2011

C1110/315

 

 

Note:              An amended Officer Recommendation has been presented that corrects minor typographical errors and provides more clarity in relation to the proposed governance arrangements.  This was presented to Committee members prior to the finalisation of this Council agenda and no queries or concerns were raised.

 

Note:              Councillor Tuffin put forward an alternative motion for Council consideration.

 

Motion

Moved Councillor T Tuffin, seconded Councillor R Bennett

 

That paragraphs 1 to 4 under the heading of Friends of Meelup Regional Park Incorporated Of the Committee Recommendation be replaced entirely with:

 

“The Friends of Meelup Regional Park Inc., once it is formed, be asked to consult with the City when it, (the Friends’ Group) is establishing its own formal Objectives and determining its own role in the development and maintenance of the Park.”

                                                                                                                                          MOTION LOST 1/8

                   Voting:

For the motion:             Councillor T Tuffin.

Against the motion:     Councillor R Bennett, Councillor T Best, Councillor G Bleechmore, Councillor J Green, Councillor G Henley, Councillor J McCallum, Councillor I Stubbs and Councillor C Tarbotton.

 

Council Decision and Amended Officer Recommendation

C1510/296    Moved Councillor G Henley, seconded Councillor J Green

 

That the Council adopt revised governance arrangements and terms of reference for the Meelup Regional Park Management Committee, to commence after the next ordinary Council election, as set out below.

 

PROPOSED GOVERNANCE ARRANGEMENTS MEELUP REGIONAL PARK

 

The City of Busselton is the management body for Meelup Regional Park, which is A Class Reserve 21629, for the purpose of Conservation and Recreation, with a formal management plan adopted by the Council and the Minister for Lands pursuant to section 49 of the Land Administration Act 1997. In addition to the Council and City officers, the other key elements of the governance arrangements that the Council has either established, or seeks to see established, to assist in ensuring the continuing and appropriate management of the Park are

 

·        The Meelup Regional Park Management Committee (the terms of reference for which are set out below); and

 

·        The Friends of Meelup Regional Park Incorporated (which, at the time of writing, has not yet been formed).

 

Note: Should the formation of the Friends Of Meelup Regional Park Incorporated not prove successful, these Governance Arrangements will be reviewed.

 

Roles of different elements of governance arrangements

 

The roles of the key elements of the governance arrangements are generally as described below

 

•     Council:

1.      Establishes the Committee membership and terms of reference;

2.      Sets strategic direction having considered advice provided by the Committee and City officers;

3.      Adopts statutory plans relating to the Park, both at draft adoption and final adoption stage, having considered advice provided by the Committee and City officers;

4.      Adopts non-statutory plans if there is no consensus between the Committee members and City officers;

5.      Sets the annual budget and long term financial planning;

6.      In partnership with the Committee and City officers, sets annual key focus areas for the Committee and City officers;

7.      Determines direction (through formal Council meeting processes) on other matters where there is no consensus between Committee members and City officers;

8.      Ensures all matters relating to Meelup Regional Park are notified to the Committee through the Presiding Member as soon as possible and practicable; and

9.      Requires that City officers work pro-actively to develop the concept of the Friends of Meelup Regional Park Incorporated with the aim of ensuring its viability and sustainability.

 

•     Committee:

1.      In partnership with the Council, Friends of Meelup Regional Park Incorporated (if and when that body is formed) and City officers to assist in the management of the Meelup Regional Park, including  as per the delegated authority from the Council.

2.      Provides advice and/or recommendation to the Council about Committee terms of reference;

3.      Provides advice and/or recommendation to the Council about strategic direction.

4.      Provides advice and/or recommendation to the Council about statutory plans relating to the Park .

5.      In partnership with City officers, provide periodic (generally twice annual) briefings to Councillors on matters relating to and affecting management of the Park

6.      Adopts non-statutory plans if there is consensus between the Committee members and City officers, and if, because the adoption of the plan would be strategically significant or a matter of significant community interest, it is not appropriate for such plans to be adopted by a decision formally made by City officers;

Note: Non-statutory plans are those plans that are not adopted by the City in a formal sense pursuant to a particular statutory power or powers before being implemented. Examples of such plans are plans for construction work or plans for undertaking research work in the Park. Examples of statutory plans, on the other hand, include adoption of changes to the Management Plan or any other plans which need to be adopted pursuant to a particular statutory power. An example of a non-statutory plan that might be considered for adoption by a formal Committee decision, rather than by a decision formally made by City officers following informal consultation with Committee members, is the plan for development of a whale watching platform at Point Picquet.

7.      Provides formal recommendation (through formal Committee meeting processes) to the Council on other matters where there is no consensus between Committee members and City officers;

8.      Through informal meetings of City officers and Committee members, provides regular information and feedback to City officers on matters relating to and affecting the management of the Park; and

9.      Especially until such time as the ‘Friends of Meelup Regional Park Incorporated’ has been formed, in partnership with City officers, assists in the encouragement, coordination and facilitation of volunteer involvement in the management and promotion of the Park.

 

•     Friends of Meelup Regional Park Incorporated:

1.     In partnership with Meelup Regional Park Management Committee and City officers, encourages, coordinates and facilitates volunteer involvement in the management and promotion of the Park;

2.     Through informal meetings of City officers and Committee members, provides regular information and feedback on volunteer activities and other matters relating to and affecting the management of the Park;

3.     Nominates representatives to be on the Committee, subject to Council endorsement; and

4.     Other matters as set out in a memorandum of understanding with the City that is to be developed.

 

•     City officers:

1.      Provide advice to the Council about Committee membership and terms of reference;

2.      Assist Council and the Committee in recruitment of Committee members;

3.      Provide advice to the Council and Committee about strategic direction;

4.      Provide advice to the Council and Committee about statutory and non-statutory plans relating to the Park;

5.      Provide regular (generally monthly) briefings to Committee members through informal meetings of City officers and Committee members on matters relating to and affecting the management of the Park;

6.      Ensure all matters relating to Meelup Regional Park are notified to the Committee through the Presiding Member as soon as possible and practicable;

7.      In partnership with the Committee, provide periodic (generally  twice annual) briefings to Councillors on matters relating to and affecting the management of the Park;

8.      Following receipt of information or feedback  at informal meetings of City officers and Committee members, present proposed annual budget and long term financial plan allocations to the Council for consideration;

9.      Where the context requires, or there is no consensus between City officers and Committee members, present formal reports to the Committee, so that the Committee can make a formal recommendation to the Council in relation to those matters (Where the Committee makes a recommendation to the Council inconsistent with the officer recommendation presented to the Committee, City officers may also present an alternative officer recommendation to the Council when such matters are formally presented to the Council, in addition to ensuring that Committee recommendations are also presented to the Council, in verbatim form);

10.   Implement the Council’s budget with respect to the Park;

11.   Maintain roads, paths, ablution facilities and other basic infrastructure, in partnership with the volunteers (and ‘Friends of Meelup Regional Park Incorporated’) where appropriate;

12.   Apply and enforce laws that relate to management of the Park in accordance with relevant Council Policy; and

13.   In partnership with the Committee and/or ‘Friends of Meelup Regional Park Incorporated’, encourage, coordinate and facilitate volunteer involvement in the management and promotion of the Park.

 

Process associated with appointing community members to the Committee

 

Following the re-formation of the Committee following the 2015 ordinary Council election, at which time it is expected that community members of the Committee immediately prior to that time with an interest in a continuing involvement will be reappointed by the Council, the process associated with appointing community members to the Committee shall be generally as follows -

 

1.    The Mayor, Presiding Member of the Committee and Chief Executive Officer or Chief Executive Officer’s nominee shall meet to discuss and agree the aims/objectives in terms of the skills, background or interests, or mix of skills, background and interests, of the person(s) that it would be most appropriate and desirable to include on the Committee at that time, and the agreed direction in that regard shall be reflected in the process associated with the attraction and assessment of potential community members;

 

2.    City officers shall arrange to publicly advertise community member vacancies, seeking expressions-of-interest from suitable members of the community;

 

3.    Interested members of the community shall be required to submit an expression-of-interest (1-2 pages long only) setting out what value they believe they would bring to the Committee and why they are interested in becoming a member;

 

4.    The Mayor and the Presiding Member of the Committee  shall meet again to assess the expressions-of-interest that have been received, identify and agree the preferred candidates to fill one or more of the positions that are vacant at that time (and, if the vacancy is not for a deputy community member, in addition to considering those persons that have submitted expressions-of-interest, shall identify whether any existing deputy community member is interested in becoming a community member, and shall generally give priority to filling a community member vacancy with an existing deputy community member), following which City officers will present a report to the Council reflecting the assessment of the Mayor and Presiding Member;

 

5.    If there are still vacant positions following the completion of the process set out above, the process will recommence.

 

Note: When the ‘Friends of Meelup Regional Park Incorporated’ has been formed, the intention is that the Committee may include representatives of that group, and there may need to be a review of the process outlined above.

 

Key guiding documents to be considered by all decision-makers in managing the Park

 

Key guiding documents to be considered by all decision-makers in managing the Park include –

 

1.    Meelup Regional Park Management Order;

 

2.    Meelup Regional Park Management Plan;

 

3.    City of Busselton Standing Orders Local Law;

 

4.    City of Busselton Code of Conduct;

 

5.    City of Busselton Community Strategic Plan;

 

6.    City of Busselton Long Term Financial Plan;

 

7.    City of Busselton Adopted Annual Budget; and

 

8.    Relevant City of Busselton Local Laws, Determinations and Council Policies.

 

Meelup Regional Park Management Committee Terms of Reference

 

1.         Introduction

 

The Council of the City of Busselton has established the Meelup Regional Park Management Committee pursuant to sections 5.8 and 5.9(2)(d) of the Local Government Act 1995.

 

2.0      Purpose

 

2.1       To assist the Council in managing and promoting Meelup Regional Park.

 

2.2       To ensure that the full range of issues relevant to the making of decisions about the management and promotion of the Park are considered, including environmental, amenity, recreational, community, social, economic and financial considerations.

 

2.3       To build and maintain productive working relationships between the Council, City officers, volunteers and users of the Park, as well as other stakeholders.

3.0      Membership

 

3.1       Two elected members as appointed by the Council, as follows

 

To be added

 

3.2       One deputy elected member as appointed by the Council (The deputy elected member should be notified if their presence at the meeting is required due to the absence of an elected member), as follows

 

To be added

 

3.3       Six community members as appointed by the Council , as follows

 

To be added

 

3.4       Two deputy community members as appointed by the Council, who may be present at all Committee meetings as non-voting members, including when matters are being considered behind closed doors), as follows - .

 

To be added

 

Note: When the ‘Friends of Meelup Regional Park Incorporated’ has been formed, the intention is that the Committee may include representatives of that group.

 

3.5       Membership of the Committee shall, unless determined otherwise, be for a term of approximately two years, ceasing on the day of the next ordinary Council election.

 

3.6       If any member is absent from the Committee for three consecutive meetings without approved leave of absence from the Committee, the Chief Executive Officer shall present a report to the Council so that the Council may determine whether to continue that persons membership of the Committee.

 

4.0       Presiding Member/Deputy Presiding Member

 

4.1       The Committee shall appoint a Presiding Member and Deputy Presiding Member to run its meetings. The Presiding Member shall ensure that business at formal meetings is conducted in accordance with the City of Busselton Standing Orders Local Law.

 

4.2       The Presiding Member or, in their absence, the Deputy Presiding Member, may speak on behalf of the Committee.  Another member only may speak on behalf of the Committee with  authorisation from the Presiding Member or, in their absence, the Deputy Presiding Member.

 

4.3       If any community member of the Committee has any concern in relation to the governance or management of the Park that they do not feel is being adequately addressed or resolved, they should raise that concern with the Presiding Member or, in their absence, the Deputy Presiding Member, who, having considered the matter, may raise the matter with either City officers or with the elected members on the Committee.

 

 

5.0      Formal Meetings

 

5.1       Formal meetings of the Committee shall be scheduled when the need for a meeting is identified by either the Presiding Member or Chief Executive Officer, and only when there is a need for a matter to be subject of a formal decision of the Committee and/or the Council, and in any case no less often than twice annually and no more frequently than once a month.

 

Note: Matters that would require a formal decision of the Committee are any matter that requires a formal resolution of the Council (such as any change to the membership or terms of reference of the Committee, any amendment to the budget, any matter that requires, from a legal/statutory perspective, a formal decision of the Council, any other matter that the Presiding Member of the Committee, having received and considered the advice of City officers, considers requires formal consideration by the Council, and/or matters that require a formal decision of the Council because consensus has not been achieved in an informal meeting, as set out in Part 7.0 of these Terms of Reference), as well as matters on which a decision is required and which are considered to be of high strategic importance and/or broad public interest (such as proposals for significant infrastructure or significant changes to the management of the Park, but not usually individual works projects or events, or the noting of plans, studies or similar, which are primarily or wholly being presented to the Committee for information purposes). 

 

5.2      Formal meeting agendas shall be distributed by the Chief Executive Officer to Committee members no less than seven days prior to the meeting.

 

5.3      Where a Committee member wishes the Committee to consider an alternative to the officer recommendation in relation to any particular item, they shall indicate in writing (preferably email) to the Chief Executive Officer or Chief Executive Officers nominee and the Presiding Member their intention to do so, setting out their proposed alternative and the reasons for that alternative, no less than 24 hours prior to the scheduled commencement of the meeting. The Chief Executive Officer or Chief Executive Officers nominee shall provide officer comment on the proposed alternative in writing to Committee members prior to the scheduled commencement of the meeting.

 

Note: In relation to alternative recommendations put forward by Committee members, City officers are able to assist in the drafting of alternative recommendations, but that should not be construed as indicating officer support for any alternative that may be proposed.

 

5.4      The Chief Executive Officer shall ensure that minutes of formal meetings are kept, presented for review and adoption at the subsequent formal meeting, and provided to the Council for information as part of the first practicable ordinary Council meeting agenda following the formal Committee meeting.

 

5.5      Where the Committee makes a decision in a formal meeting that involves the making of a recommendation for consideration by the Council, the Chief Executive officer shall ensure that the recommendation is presented to the Council as part of the first practicable ordinary Council meeting agenda following the formal Committee meeting. Where the Committee makes a recommendation to the Council inconsistent with the officer recommendation presented to the Committee, City officers may also present an alternative officer recommendation to the Council when such matters are formally presented to the Council, in addition to ensuring that Committee recommendations are also presented to the Council, in verbatim form..

 

5.6      Quorum for a meeting shall be at least 50% of the members (i.e. four).

 

5.7      Meetings shall be open to the public, unless items are of a nature that can be considered confidentially pursuant to the Local Government Act 1995.

 

6.0      Delegated Powers

 

Pursuant to section 5.17 of the Local Government Act 1995, the Committee, when constituted for a formal meeting, is delegated to adopt plans, policies or documents that relate to management of the Park, other than where those plans, policies or documents require adoption pursuant to a particular statutory power, but may not make any decision that would require expenditure of funds contrary to the adopted budget and any decisions shall not be actioned until the Committee meeting minutes have been formally received and noted by the Council.

 

7.0       Informal Meetings/Deliberations

 

7.1      Informal meetings of Committee members and City officers involved in management of the Park shall be scheduled when the need for a meeting is identified by either the Presiding Member, the Chief Executive Officer or the Chief Executive Officers nominee, and in any case no less often than every two months and no more frequently than once per month (notwithstanding that, the Committee members and City officers may agree to establish informal working groups or similar charged with addressing particular issues and which may meet as deemed appropriate), and when a formal meeting is also scheduled in the respective month, informal meetings shall take place immediately following the formal meeting.

 

7.2      The purpose of informal meetings and other forms of informal deliberation (primarily, this would entail email communication involving all Committee members and relevant City officers) involving Committee members and City officers shall be to identify and assess matters relating to and affecting the management of the Park, and where necessary and possible, agree a consensus position on the approach to be taken with respect to those matters.

 

7.3      Where consensus on a particular matter is achieved at an informal meeting of Committee members and City officers, or through other forms of informal deliberation, City officers where delegated, authorised or otherwise empowered to do so, shall take the necessary steps to ensure that the consensus position on a particular matter is implemented.

 

Note: ‘Consensus’ means ‘general agreement’, it is not necessarily achieved through a simple majority ‘vote’ and nor does it necessarily require unanimity. Judgement as to whether consensus has been achieved should not usually involve any kind of ‘voting’ procedure or similar. A judgement that consensus has been achieved on a particular matter pursuant to clause 7.3 above will require both the Presiding Member at the meeting and the Chief Executive Officer or the Chief Executive Officer’s nominee to be of the view that there is general agreement. If that does not occur, consensus has not been achieved and the matter shall be addressed as per clause 7.4 below.

 

7.4      Where a consensus position on any particular matter cannot be achieved, the Chief Executive Officer shall ensure that a report is prepared to be presented to and considered by the Committee in a formal meeting, following which the matter will be presented for formal consideration at an ordinary meeting of the Council.

 

7.5      The Chief Executive Officer or the Chief Executive Officers nominee shall ensure that notes of informal meetings are prepared and distributed to all Committee members and the City officers present at the meeting for their review within seven days of the meeting. If the Committee members or City officers present at any particular meeting have any concerns with the notes prepared, they should advise the Presiding Member and Chief Executive Officer or the Chief Executive Officers nominee as soon as possible and in any case prior to the next informal meeting, and where that occurs the Presiding Member shall ensure that the matter is resolved to the extent necessary and practicable at the next informal meeting, with the outcome to be reflected in the notes of that next informal meeting. Notes shall record the outcomes of discussions, but not the content of those discussions.

 

7.6      Informal meeting agendas shall be developed in consultation between the Presiding Member (or Deputy Presiding Member in the Presiding Members absence) and Chief Executive Officer or the Chief Executive Officers nominee, and shall be distributed to Committee members no less than three days prior to the meeting.

 

7.7      Informal meetings shall not generally be open to the public, although the Presiding Member may agree to invite members of the public to be present when particular matters of interest are being considered, following consultation with the Chief Executive Officer or the Chief Executive Officers nominee.

 

8.0       Key Guiding Documents

 

The following are the key guiding documents relating to the role of the Committee -

 

1.         Meelup Regional Park Management Order;

 

2.         Meelup Regional Park Management Plan;

 

3.         City of Busselton Standing Orders Local Law;

 

4.         City of Busselton Code of Conduct;

 

5.         City of Busselton Community Strategic Plan;

 

6.         City of Busselton Long Term Financial Plan; and

 

7.         City of Busselton Adopted Annual Budget; and

 

8.         Relevant City of Busselton Local Laws, Determinations and Council Policies.

 

History

 

9 October, 2013

 

12 October, 2011

C1110/315

 

                                                                                                                                                       CARRIED 8/1

Voting:

For the motion:             Councillor R Bennett, Councillor T Best, Councillor G Bleechmore, Councillor J Green, Councillor G Henley, Councillor J McCallum, Councillor I Stubbs and Councillor C Tarbotton.

Against the motion:     Councillor T Tuffin


Council                                                                                      117                                                             14 October 2015

11.             Planning and Development Services Report

11.1           AMENDMENT 5 TO LOCAL PLANNING SCHEME 21 - INTRODUCTION OF A SPECIAL PROVISION AREA TO PERMIT AN UNRESTRICTED LENGTH OF STAY - WYNDHAM VACATION RESORT - CONSIDERATION FOR ADOPTION FOR FINAL APPROVAL

SUBJECT INDEX:

Town Planning Schemes and Amendments

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Strategic Planning and Development

ACTIVITY UNIT:

Strategic Planning and Development

REPORTING OFFICER:

Principal Strategic Planner - Louise Koroveshi

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Location Plan

Attachment b    Site Plan

Attachment c    Site Concept Plan

Attachment d   Schedule of Submissions  

  

PRÉCIS

 

The Council is requested to consider adopting for final approval draft Scheme Amendment 5 to Local Planning Scheme 21 (LPS21) to introduce a special provision into Schedule 3 that would permit an unrestricted length of stay for up to 25% of tourist accommodation units to be built within the remaining undeveloped portion of the Wyndham Resort and Spa Dunsborough.

 

Officers consider that the proposal is broadly consistent with most elements of the strategic planning framework applicable to the area, reflecting changes in planning direction endorsed by the Council in its adoption of the Local Tourism Planning Strategy 2011 (LTPS). While there is some variation in the proposal from the specific criteria set out in the LTPS, the proposal has been assessed on a case-by-case basis, as per the LTPS recommendations, and is considered to have merit.

 

The proposal demonstrates a net tourism benefit in that it will facilitate the full development of the resort and deliver new accommodation options to the market generally, both in built product and permissible occupancy. It may also realise further investment in guest amenities, such as refurbishments planned for the resort pool facility.

 

In response to advertising, Wyndham Vacation Resorts (Asia Pacific) provided a submission outlining an objection to the amendment for reasons relating to a site concept plan included within the amendment (but will not be formally adopted as part of the amendment process). The areas of concern are not related to the amendment, in and of itself, rather they related to matters that would be addressed through separate planning processes i.e. development application and strata subdivision. Both planning processes would require the prior, unanimous consent of the Strata Company (Wydham Vacation Resorts Asia Pacific is one of four landowners comprising the Strata Company).

 

On balance, having considered the submissions received and the merits of the proposal, it is recommended that draft Amendment 5 be adopted for final approval.

 

 

BACKGROUND

 

The proposal comprises a scheme amendment that seeks to introduce a special provision for strata lots 6-15/700 Caves Road, Marybrook to permit an unrestricted length of stay for up to 25% of tourist accommodation units to be built that otherwise may only be used for short stay purposes pursuant to LPS21. To achieve the objectives of the amendment it is proposed to include the strata lots within a Special Provision Area pursuant to Schedule 3 of LPS21, as outlined in the table below –

 

No.

Particulars of Land

Zone

Special Provisions

58

Strata Lots 6 – 15, 700 Caves Road, Marybrook

Tourist

Notwithstanding any other provision of the Scheme, an unrestricted length of stay is permissible for up to 25% of the total accommodation units, but will be located in the area occupied by Lots 6 – 15 as shown on the current Strata Plan 46392 (approved on 8 September 2005).

 

The proposed amendment would facilitate a variation for these strata lots to the standard restriction of 3 months occupancy within a 12 month period that applies to tourist accommodation, to allow the tenants to occupy their unit for an unlimited time. 

 

The subject land forms part of the Wyndham Resort and Spa Dunsborough, which is located on Caves Road in Marybrook. The site was originally subdivided into 12 strata lots. Lots 4 and 5 have been developed with three storey, four bedroom town houses, whilst the remaining lots the subject of this amendment (Lots 6 – 15) are vacant. The location of the Wyndham Resort and Spa Dunsborough and the land the subject of the amendment are provided in Attachments A and B respectively.

 

The resort currently offers luxury accommodation with direct frontage to Geographe Bay and includes: 82 deluxe king rooms, two townhouses (‘Azure Beach Residences’), restaurant, bar, function and conference facilities. Other facilities also include a swimming pool, day spa, gymnasium, tennis courts, putting green, business centre, wedding chapel, BBQ picnic area and children’s playground. There are management agreements in place governing the use, maintenance and management of the resort, including the management of all tourist accommodation through a central booking agency.

 

The resort is located immediately west of the Marybrook/Siesta Park residential area, with land reserved for recreation to the north and west. The Busselton City Centre and the Dunsborough Town Centre are approximately 15km and 8km away respectively.

 

A conceptual plan for Lots 6 - 15 is included as part of the draft amendment and suggests the potential development of 30 one and two bedroom units over three storeys (Attachment C).  This represents a different development scenario to that provided by the current strata subdivision layout for 10 tourist accommodation units. A Development Application would need to comprehensively address matters such as built form outcome and car parking provision in accordance with the City’s development standards, and the latter is likely to be a critical factor in relation to the number of units that could be accommodated on Lots 6 – 15. The City’s consent to a Development Application would be a precursor to a new strata subdivision application being considered by the WA Planning Commission. A Development Application and a new strata subdivision application would require the unanimous agreement of the Strata Company (further discussion is provided under the ‘Consultation’ section of this report).

 

The actual locations of the unrestricted length of stay units would be secured via a new strata subdivision application (approval of which would implement strata by laws and a binding management statement – all of which require the agreement of the Strata Company) and planning consent (with conditions to be satisfied as part of approval including a development agreement, staging plan and management agreement).

 

 

 

STATUTORY ENVIRONMENT

 

The key elements of the statutory environment with respect to the proposed amendment are set out in the City of Busselton Local Planning Scheme 21. The subject land is zoned ‘Tourist’ under LPS21 and is mostly developed for short stay tourist accommodation purposes. ‘Tourist Accommodation’ is defined pursuant to Schedule 1 of LPS21 as meaning –

 

‘A building or group of buildings substantively used for the temporary accommodation of tourists, visitors and travellers which may have facilities for the convenience of patrons such as restaurants, convention areas and the like but does not include a building or place elsewhere specifically defined in this Schedule or a building or place used for a purpose elsewhere specifically defined in this Schedule.’

 

Clause 5.18.1 of LPS21 deals with residential occupancy of tourist developments as follows -

 

‘No person shall occupy a tourist accommodation unit, chalet, caravan, camp or any other form of tourist accommodation for more than a total of 3 months in any one 12 month period.’

 

Clause 6.3.1 provides the mechanism for special provisions, in addition to any provisions which are generally more applicable to such land under LPS21, to be introduced into the Scheme and for those provisions to be listed in Schedule 3 of the Scheme and for the Scheme Map to be amended accordingly.

 

RELEVANT PLANS AND POLICIES

 

The key policy implications for consideration of the proposed amendment are set out in the Western Australian Planning Commission Planning Bulletin 83/2013 – Planning for Tourism and the City of Busselton Local Tourism Planning Strategy (2010). Each is discussed below under appropriate subheadings.

 

Western Australian Planning Commission Planning Bulletin 83/2013 – Planning for Tourism

 

The bulletin sets out the policy of the WAPC to guide decision making by the WAPC and local government for subdivision, development and scheme amendment proposals for tourism purposes. Policy provisions outlined in this bulletin relevant to the consideration of the draft amendment include –

 

·    Proposals for non-tourist accommodation developments (such as permanent residential, commercial, retail and restaurant) within tourism sites to facilitate the development of tourist accommodation should be considered on a case-by-case basis.

 

·    Conversion of an existing tourism development to facilitate a residential component should not be supported without demonstrating the development will provide a quality tourism benefit. Examples include a major refurbishment or increase in the number of tourism units, renovations and/or development of public spaces and new facilities such as pool or restaurant.

 

City of Busselton Local Tourism Planning Strategy 2011

 

The Local Tourism Planning Strategy (LTPS) provides the long term strategic land use planning and strategic direction for tourism development within the District. Wyndham Resort and Spa Dunsborough offers four star luxury accommodation and is considered essential to the diverse mix of short stay choice offered within the City. Luxury accommodation has its own market and the resort plays an important part in catering to that market. For this reasons the LTPS identifies the resort as Strategic Site 23 and recommends the site be rezoned to ‘Tourist A’ and may be considered for inclusion in the ‘Tourist B’ zone in accordance with Recommendation 3.7b.

 

The ‘Tourist A’ zone is similar to the current ‘Tourist’ zone in LPS21 whereby there is no provision for relaxation of occupancy restrictions. The ‘Tourist B’ zone provides for the consideration of up to 25% of accommodation units available for an unrestricted length of stay for non-strategic sites, but for strategic sites to be assessed on a case-by-case basis where a net tourism benefit can be demonstrated. The LTPS outlines criteria against which to assess proposals to incorporate an unrestricted length of stay component. Each criteria is listed below as per the LTPS, with the officer response immediately following –

 

Located within an existing urban settlement

 

The resort is located in close proximity to the civic, retail, sporting and cultural activities in and around the Dunsborough and Busselton localities. The resort is situated in the western part of the Marybrook/Siesta Park residential area.

 

             Any unrestricted length of stay component units/development shall be of a design and scale that is subsidiary to the tourism component of the development

 

The proposed amendment would retain the existing ‘Tourist’ zoning of the site, reflective of the primary use of the site for short stay holiday accommodation. The applicant is seeking an unrestricted length of stay component for up to 25% of the total accommodation units but they will be located on the subject site. It is considered that this percentage is consistent with the LTPS in terms of retaining the dominant tourist function and character of the overall resort development.

 

             The restricted length of stay component having to be completed to the City’s satisfaction, prior to the occupation of the unrestricted stay component; or

             The City being satisfied through a legal agreement, bond, bank guarantee, or other legally agreed commitment from the developer to ensure the development will be undertaken and satisfactorily completed;

 

The resort is substantially developed and is operating as a tourist resort comprising 82 accommodation units and central facilities (restaurant/bar; function and conference facilities), swimming pool, day spa and gymnasium as well as other recreational facilities. The balance of the site has been subdivided into 12 strata title lots, of which two have been developed with townhouses and ten remain undeveloped.

 

The resort operates as a single, centrally managed entity with binding agreements in place for the central management of the resort and shared use of the common property and this is an important factor in providing a level of service to support the predominant tourist function such as reception, room servicing and ongoing provision of tourist facilities.

 

             The City being satisfied with the separation of the two uses or the management arrangement    to prevent land use conflict

 

Land use conflict within tourist resorts can potentially play out in numerous ways and the most undesirable outcome for a tourist resort is manifested in a devaluation of the tourism experience. A reduced level of conflict and therefore detrimental impact on tourism generated by a residential component can be achieved by limiting the latter to a maximum of 25%, combined with design and management such that the tourism orientation of the development is emphasised and maintained.

 

The strata by-laws require that the resort operates as a single, centrally managed entity, with shared use of the common property, and this is an important factor in providing a level of service to support the predominant tourist function such as reception, room servicing, on-site manager and ongoing provision of tourist facilities. The unrestricted length of stay units will be clustered together at the eastern end of the site, rather than being randomly distributed throughout the resort and that should also assist in mitigating potential conflict.

 

             On all sites, the unrestricted length of stay component being generally located away from the areas of the site providing the highest tourism amenity; and

             On coastal sites, the unrestricted length of stay component being generally located in areas further from the coast.

 

The highest tourism amenity areas within this tourist site include proximity to the resort facilities, such as the swimming pool, and the beach.  Key resort facilities (swimming pool, tennis court) are located closest, and have direct frontage, to the coastal reserve with largely unimpeded views. The existing hotel is attractive to tourists given the luxury accommodation, extensive facilities and superior coastal access/frontage offered. The resort complex has the higher tourism amenity and the subject site is separate from this.

 

Within the subject site, Lots 6-10 have the closest proximity to the coastal reserve. In response, the applicant has proposed that on Lots 6-10 an equal number of units could be set aside for unrestricted length of stay and short stay purposes (e.g. 5 ground floor units for short stay, with 5 two storey short stay townhouses comprising the first and second floors, for unrestricted length of stay). The remaining allocation of unrestricted length of stay units would be located on Lots 11-15, which are located furthest away from the coastal reserve. Controls on the number and location of the unrestricted length of stay units developed on Lots 6-10 would be secured though strata title approval and subsequent development approval conditions.

 

Net Tourism Benefit

 

WAPC policy relating to planning for tourism and recommendation 3.7(b) of the LTPS requires the demonstration of a net tourism benefit in considering support for an unrestricted length of stay component within strategic tourism sites. The net tourism benefit is described in the amendment proposal as follows –

 

The subject land has been substantially developed and is operating as a tourist resort. The remaining strata lots have been approved for the development of 10 large four bedroom tourist units, but have not been developed. The applicant argues that this yield is not viable given the financial cost of developing the units and the tourist market for accommodation that carries a rack rate of $1,000 - $1,300 per night is also limited in terms of customer demand.

 

Furthermore, obtaining financial assistance from lending institutes for short stay tourist development is more limiting than for unrestricted length of stay (as the lending institutes consider this as residential and therefore perceived to carry less risk for investment). Unrestricted length of stay becomes more attractive for investment and/or reinvestment in existing and new tourism products. Should the amendment as proposed not be supported, the undeveloped portion of the site is likely to remain that way indefinitely, meaning that this strategic tourism site will not be fully developed. The amendment is likely to: stimulate tourism development on the vacant lots; assist in increasing the number of tourist units within the resort; and ‘round off’ development within the site. It may also realise further investment in guest amenities, such refurbishments planned for the resort pool facility.

 

The unrestricted length of stay units to be developed will not be removed from the short stay letting pool. The proposal would enable flexibility in occupancy length that is not currently possible under LPS21.

 

FINANCIAL IMPLICATIONS

 

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

 

Long Term Financial Plan

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

The draft amendment is considered to be consistent with the following community objective of the City’s Strategic Community Plan 2013 – “A City of shared, vibrant and well planned places that provide for diverse activity and strengthen our social connections”.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the Officer Recommendation has been undertaken using the City’s risk assessment framework. The assessment identified ‘downside’ risks only, rather than upside risks as well. The implementation of the Officer Recommendation will involve adopting the draft amendment for final approval and referring it to the Western Australian Planning Commission for final approval. 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 17 April 2015. Four government agency and four public submissions were received (Attachment D). Of the four public submissions, three requested the amendment be modified to include Lots 4 and 5 that are already developed with tourism accommodation. This is discussed further under the ‘Officer Comment’ section of this report.

 

A submission from Wyndham Vacation Resorts (Asia Pacific) objected to the proposal for the following reasons:

 

1. Impact on resort facilities and management/maintenance arrangements;

2. Limited car parking;

3. Uncertainty around a new strata company structure; and

4. Conflict between short term and unrestricted length of stay occupants.

 

The reasons for objection relate to the site concept plan included within the amendment (but will not be formally adopted as part of the amendment process) that suggests the vacant lots could be developed with 30 units over three storeys. This is a more intensive development prospect compared to the concept when Lots 4 – 15 were created as vacant strata lots, which showed single unit development on each lot. Since that time, only lots 4 and 5 have been developed with single units.

 

Approval for development on Lots 6 – 15 is subject to a separate planning process to this amendment. Planning Approval is required (which would assess the scale of development proposed, effect on adjoining properties and compliance with statutory and policy requirements, such as car parking provision), new strata title approval and strata scheme (with a management statement and possibly new by-laws setting out, amongst other things, management and maintenance arrangements – all of which would require consideration by, and the agreement of, the current Strata Company).

 

There are four individual owners that comprise the Strata Company for Lot 700 Caves Road, including Wyndham Vacation Resorts (Asia Pacific). Before development can occur on Lots 6 - 15, the Strata Company would need to be a signatory to the Development Application (and for that to occur the Strata Company would need to vote unanimously in favour of the development proposal). Similarly, the concept for 30 units would require a new strata subdivision approval and again, that would require the consent of the Strata Company.

Given that the draft amendment only relates to the introduction of an unrestricted length of stay allowance and will not, in and of itself, constitute approval for future development, officers are of the view that the grounds for objection are not substantive.

 

OFFICER COMMENT

 

For strategic tourism sites identified in the City’s Local Tourism Planning Strategy there is scope to permit an unrestricted length of stay and proposals are to be assessed on a case-by-case basis where a net tourism benefit can be demonstrated.

 

The amendment has been assessed against the criteria outlined in the LTPS that, in brief, relate to: location within an urban settlement; subsidiary to the tourist component; completion of the tourist component; separation of tourist and residential uses; and location generally away from high tourist amenity areas. The amendment is broadly consistent with most elements of the strategic planning framework applicable to the area and while there is some variation in the proposal from the specific criteria set out in the LTPS the proposal has been assessed on a case-by-case basis and, on balance, is considered to have merit.

 

In terms of a net tourism benefit, the amendment would facilitate the full development of the resort and deliver new accommodation options to the market generally, both in built product and permissible occupancy. The resort is substantially developed for short stay tourist accommodation with an extensive range of guest facilities and a high level of tourist amenity. The balance of the site, having been subdivided into 10 strata lots, remains undeveloped and has been for some time. Unrestricted length of stay becomes more attractive for investment and/or reinvestment in existing and new tourism products due to lending arranging from financial institutions. Should the amendment as proposed not be supported, the undeveloped portion of the site is may remain that way indefinitely, meaning that this strategic tourism site may not be fully developed.

 

The proponent advises that within the resort some upgrading of in-house entertainment has been undertaken and a refurbishment of the existing swimming pool facility is planned. A number of tourist developments within the City are in need of refurbishment and improvements to tourist amenities and facilities and, as a result, may be struggling to remain viable for various reasons. The investment and refurbishment for the resort is an example of what can be implemented for existing resorts to keep them attractive and viable, and allowing an unrestricted length of stay component is seen as an important driver for this to occur.

 

With respect to the submissions received requesting modification of the draft amendment to include two existing tourist units on Lots 4 and 5 (Azure Beach Residences), officers are of the view that had these particular strata units formed part of the amendment, their inclusion would have been assessed against the planning framework and found to be inconsistent with the Local Tourism Planning Strategy and Western Australian Planning Commission policy, as a net tourism benefit such as an increase in the number, or significant upgrade of, tourism units and facilities has not been demonstrated. Officers consider that an unrestricted length of stay allowance for the two units is not necessary to facilitate or stimulate tourism development on adjoining Lots 6 – 15.

 

For these reasons officers are not recommending any change to the scheme amendment as proposed that would permit the inclusion of Lots 4 and 5 as it would be contrary to the prevailing planning framework.

 

CONCLUSION

 

Officers are recommending that draft Amendment 5 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 draft amendment for final approval subject to 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 5 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

58

Lots 6 – 15 (700) Caves Road, Marybrook

Tourist

Notwithstanding any other provision of the Scheme, an unrestricted length of stay is permissible for up to 25% of the total accommodation units, but will be located in the area occupied by Lots 6 – 15 as shown on the current Strata Plan 46392 (approved on 8 September 2005).

 

                            (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. 5.

 

3.         Refers Amendment No. 5 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 Planning and Development (Local Planning Schemes) Regulations 2015, unless the      modification            affects the intent of the Amendment, in which case it shall be referred to the Council for           consideration.

 

Note:              Officers put forward an alternative recommendation in order to correct an error that had been made.

 

AMENDED OFFICER RECOMMENDATION

 

1.         That the Council, in pursuance of Part V of the Planning and Development Act 2005, adopts        draft Amendment 5 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

58

700 Caves Road, Marybrook

Tourist

Notwithstanding any other provision of the Scheme, an unrestricted length of stay is permissible for up to 25% of the total accommodation units, but will be located in the area occupied by Lots 6 – 15 as shown on the current Strata Plan 46392 (approved on 8 September 2005).

 

              (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. 5.

 

3.         Refers Amendment No. 5 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 Planning and Development (Local Planning Schemes) Regulations 2015, unless the      modification            affects the intent of the Amendment, in which case it shall be referred to the Council for           consideration.

 


 

Note:              Councillor Rob Bennett put forward an alternative recommendation to include Lots 4 & 5.

 

Council Decision

C1510/297    Moved Councillor R Bennett, seconded Councillor T Tuffin

 

That the Council, in pursuance of Part V of the Planning and Development Act 2005, adopts draft Amendment 5 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

58

Lots 6-15, 700 Caves Road, Marybrook

Tourist

Notwithstanding any other provision of the Scheme, an unrestricted length of stay is permissible for up to 25% of the undeveloped lots inclusive of Lots 4 & 5, but will be located in the area occupied by Lots 6 – 15 as shown on the current Strata Plan 46392 (approved on 8 September 2005).

 

                (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. 5.

 

3.         Refers Amendment No. 5 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              Planning and Development (Local Planning Schemes) Regulations 2015, unless the              modification            affects the intent of the Amendment, in which case it shall be referred to the Council for        consideration.

 

CARRIED 7/2

Votng:

For the motion:             Councillor R Bennett, Councillor T Best, Councillor G Henley, Councillor J McCallum, Councillor C Tarbotton, Councillor J Green and Councillor T Tuffin .

Against the motion:     Mayor I Stubbs  and Councillor G Bleechmore.


Council                                                                                      127                                                             14 October 2015

11.2           NOTICE OF CERTAIN MATTERS IN REGARD TO THE PERON NATURALISTE PARTNERSHIP (PNP) BEING: NOTICE OF INCORPORATION, NOTICE OF ELECTED INTERIM OFFICE BEARERS AND NOTICE OF REQUESTED ENDORSEMENT OF MEMORANDUM OF UNDERSTANDING

SUBJECT INDEX:

Long Term Coastal Adaptation Strategy

STRATEGIC OBJECTIVE:

Environment and climate change risks and impacts are understood and managed.

BUSINESS UNIT:

Strategic Planning and Development  

ACTIVITY UNIT:

Strategic Planning

REPORTING OFFICER:

Manager, Strategic Planning and Development - Matthew Riordan

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Peron Naturaliste Partnership Memorandum of Understanding (October 2015)

Attachment b    Peron Naturaliste Partnership Constitution  

  

PRÉCIS

 

The Peron Naturaliste Partnership (PNP) was certified as an Incorporated Body under the Associations Incorporation Act (1987) on 25 March 2015. The incorporation of the PNP was a significant milestone for the partnership and for the local government members involved.

 

The Rules of the PNP Constitution (Rule 10.2) require that the Chairperson and Vice-Chairperson of the PNP are to be elected at an Annual General Meeting (AGM) and that this AGM is to be held prior to the end of October each year.

 

The inaugural General Meeting of the Board of Governors (Board) of the PNP was convened in Bunbury on 5 June 2015 (attended by Cr John McCallum and the Manager Strategic Planning and Development). At that meeting, Shire of Harvey President Councillor Tanya Jackson was elected as PNP Board Interim Chairperson and City of Mandurah Councillor Caroline Knight was appointed as PNP Board Interim Vice-Chairperson. Formal election of officer-holders will take place at the inaugural AGM, scheduled for Friday 2 October 2015.  

 

It was recognised by Executive Officers and the PNP Board that in order to clearly outline the respective roles, responsibilities, expectations, governance and working arrangements of the PNP and the constituent local government members, a new Memorandum of Understanding (MoU) between the parties should be prepared and entered into. This MoU has now been prepared and is shown at Attachment A.

 

It is recommended that the Council:

 

1.     Acknowledge the incorporation of the Peron Naturaliste Partnership;

2.     Acknowledge the appointment of Shire of Harvey President Councillor Tania Jackson as Interim Chairperson and City of Mandurah Councillor Caroline Knight as Interim Vice-Chairperson of the Peron Naturaliste Partnership Board; and

3.     Endorse the City entering into the subject Memorandum of Understanding with the Peron Naturaliste Partnership.

 

BACKGROUND

 

The PNP includes the local governments of Bunbury, Busselton, Capel, Dardanup, Harvey, Mandurah, Murray, Rockingham and Waroona. The vision of the PNP is to empower a resilient regional community to reduce risks and optimise opportunities presented by climate change.

 

The primary vision and objective of the PNP is to provide a regional mechanism to facilitate effective and timely adaptation responses to climate change. Specific objectives to achieve this will be to:

 

·    Demonstrate regional leadership to support effective advocacy at all levels of government;

·    Facilitate access to data and information relevant to the Peron Naturaliste coastal area, including estuarine areas;

·    To adopt a regional approach to the preparation of applications for grants and other submissions to support timely adaptation responses to climate change;

·    To promote consistent information to coastal communities and decision-makers about vulnerability and risk and adaptation strategies;

·    To share local knowledge and experience to support and inform effective, innovative adaptation responses;

·    To collaborate over the management implications of the risk to life and property caused by climate change; and

·    To identify and address current and potential coastal adaptation issues, including estuarine hazards, through research and project development.

 

The subject local governments entered into an initial MoU with the PNP in March 2011. This MoU was re-endorsed in February 2013 (for the period 2013-2015). Subsequent to this, the PNP became an Incorporated Body on 25 March 2015. At the first PNP Board General Meeting since that time, held in Bunbury on 5 June 2015, Shire of Harvey President Councillor Tanya Jackson was elected as PNP Board Interim Chairperson and City of Mandurah Councillor Caroline Knight was appointed as PNP Board Interim Vice-Chairperson.

 

A comprehensive and detailed report to the Council (in relation to the draft Local Planning Strategy), entitled ‘Coastal Adaptation Planning – Progress Report and Future Direction’, was prepared by the Director Planning and Development Services and presented to the Council at its Meeting on 13 August 2014. Part of the resolution of the Council on 13 August 2014 was to:

 

‘…support incorporation of the Peron-Naturaliste Partnership and authorize the Chief Executive Officer to work with the other members to finalize the constitution and structure and to become a member of the incorporated body.’     

 

STATUTORY ENVIRONMENT

 

Section 1.3(3) of the Local Government Act, 1995 states ‘…in carrying out its functions, a local government is to use its best endeavours to meet the needs of current and future generations through integration of environmental protection, social advancement and economic prosperity.’

 

In order to ‘meet the needs of current and future generations’, responsible local government authorities will be required to address the likely effects of climate change on municipal assets and communities. Climate change poses a growing threat environmentally, socially and financially, and a range of mitigation and adaptation strategies must be identified and applied to ensure that both social and legal obligations are met and that risk is properly managed and effectively reduced.

 

The City of Busselton has already adopted ‘in principle’ a comprehensive long-term coastal adaptation strategy, which is reflected in an integrated way in Local Planning Scheme 21 as well as the City’s long-term infrastructure and financial planning.

 

RELEVANT PLANS AND POLICIES

 

N/A

 

FINANCIAL IMPLICATIONS

 

The finances of the PNP are administered by the City of Mandurah, with financial contributions for operational and management costs from member local government authorities being provided annually, on a rates revenue basis.  Total operational costs for the PNP in the 2015/2016 financial year are expected to be $133,862.08. The City of Busselton has committed to contributing $21,529.35 of this budgeted amount.

 

Local Government Member Contributions 2015/16

 

Total to be invoiced by PNP

Shire of Harvey

$16,929.92

Shire of Capel

$10,474.68

City of Busselton

$21,529.35

City of Bunbury

$14,431.02

Shire of Waroona

$5,891.02

Shire of Murray

$3,736.42

Shire of Dardanup

$2,735.95

City of Rockingham

$26,427.57

City of Mandurah

$31,706.15

 

TOTAL

$133,862.08

 

Other financial or ‘in kind’ implications beyond the sums contributed by each local government member (above) are generally minor but are noted below for the benefit of the Council:

 

Part 4 and part 6 of the MoU (see Attachment A and extracts below) are of most relevance. Each refers to Rules within the PNP Constitution (see Attachment B; Rule 6 and Rule 12 e.g.) in respect to certain staffing and financial obligations, especially for the host local government, that will be expected and required.

 

MoU Part 4: Outline of General Operating Approach [Extract]

 

·    Each Member Local Government acknowledges the obligations of every Member Local Government to each other and to the PNP to meet any financial commitments of the Member Local Government to the PNP, accepting that without such financial commitments being met, the PNP cannot operate successfully, to its prejudice and to the prejudice of the Member Local Governments.

 

MoU Part 6:   Expenses of the Host Local Government [In toto]

 

The Host Local Government is expected to employ two staff personnel, each to the extent of 0.5 FTE, in order to transact the business of the PNP, although it may provide additional services if it sees fit.  In relation to those personnel, the following applies:

 

·    The salary payable to the personnel will be in accordance with the Host Local Government’s Enterprise Bargaining Agreement.  Workers compensation premium and other overheads such as superannuation payments will be applicable to those personnel.

·    Changes in the staff personnel employed by the Host Local Government for the purposes of the PNP may occur from time to time, including termination of employment, staff leaving for alternative employment, taking leave or long service leave or long term illness.

·    The Host Local Government may terminate the employment of those staff personnel for misconduct without requiring the approval of the PNP.  Those personnel, as employees of the Host Local Government are bound by the Host Local Government’s Code of Conduct as well as all other relevant legislation.

·    In respect of the expenses occasioned by the provision of such staff and any other expenses which the Host Local Government may incur, including staff salaries, administrative expenditure, project expenditure and travel, the PNP shall appoint the Host Local Government to manage and distribute the funds on its behalf.

·    The Host Local Government shall incur the expenses associated with accommodation and office costs of staff personnel such as payroll, desktop computer(s) and telephone(s).

·    In the event of the PNP being dissolved, any unpaid expenses, including any redundancy payments, shall be borne by all Member Local Governments and each Member Local Government shall be obliged to contribute its share of those unpaid expenses to the Host Local Government.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The matters addressed in this report best reflect Community Objective 5.3 of the Strategic Community Plan (2013) which states: ‘Environment and climate change risks and impacts are understood and managed.’ The Plan also refers to strategies to support the achievement of this community objective, viz: 

 

Ø Adopt a strategy to deal with and educate the community about the impacts of climate change and rising sea levels; and

Ø Develop an approach to managing the impacts of coastal erosion and inundation, including coastal protection where appropriate.

 

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. Implementation of the Officer Recommendation involves acknowledgement of events in respect to the Peron Naturaliste Partnership which have already occurred, along with the endorsement of a new MoU that has been drafted and prepared by the PNP in consultation with the member local government authorities, including the City of Busselton. There are no significant risks identified.

 

CONSULTATION

 

The following local governments were consulted in respect to the matter being reported upon:

 

·    Shire of Murray

·    Shire of Harvey

·    Shire of Capel

·    Shire of Dardanup

·    Shire of Waroona

·    City of Bunbury

·    City of Rockingham

 

No public consultation was required.

 

 

 

OFFICER COMMENT

 

Council resolved at its Meeting dated 13 August 2014 to support the incorporation of the PNP and to authorize the CEO to work with the other member local government authorities to finalize a constitution and structure for, and become a participatory member of, that incorporated body. This has since occurred.

 

A final draft MoU between the PNP and each prospective local government member has now been agreed and prepared between the parties concerned and will replace previous MoUs entered into.

 

The MoU will be an agreement (on a non-legally binding basis) between the PNP and each member local government and provides an outline of the expectations of the parties, together with their respective roles, responsibilities and governance/working arrangements necessary to achieve agreed objectives. The MoU also includes detail about the general operating approach and expenses of the host local government authority, proposed initially to continue to be the City of Mandurah (for two (2) years from the date of execution of the MoU).

 

All local government members will monitor the arrangements applying to the MoU on an ongoing basis and may - with the prior endorsement of the PNP Board and through an exchange of letters between the respective Chief Executive Officers - modify the MoU. Furthermore, all parties will be required to formally review the MoU within two years of the date of execution of the MoU. This will be done in order to ascertain whether the terms and requirements of the MoU are still relevant and/or necessary ‘going forward’.

Should the Council support becoming a signatory to the subject MoU, it is anticipated that the document will be ‘ceremonially’ signed at the PNP Annual General Meeting scheduled to be convened in Myalup (Shire of Harvey) on Friday, 2 October 2015. The document itself will be sent to all member local governments for endorsement, as required, by the Chief Executive Officer or delegated representative.

The Chairperson and Vice-Chairperson of the PNP will be formally elected at the AGM.

 

CONCLUSION

 

The PNP continues to be recognised as a leader, not only in WA but in Australia, and as being a good example of a ‘partnership approach’ that is effectively addressing climate change matters.

 

The subject MoU is to be a non-legally binding agreement between the PNP and each member local government authority, and will clearly outline the roles and responsibilities of each party; in particular, the operation and expenses of the host local government (proposed to be the City of Mandurah for the next two years).

 

The MoU will be an essential agreement in the PNP governance framework and will formalize and strengthen the approaches taken by the PNP and its members. It is recommended that it be endorsed by the Council.

 

OPTIONS

 

Should the Council not wish to endorse becoming a signatory to the subject MoU with the PNP, the option would remain to request any amendments to that MoU that were considered necessary to satisfy any shortcomings or deficiencies, or to withdraw involvement with that partnership.

 

 

 

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The subject MoU between the PNP and the City of Busselton (and all other constituent local government authority members) will be ‘ceremonially’ executed, and office-bearers elected, at the AGM scheduled on Friday 2 October 2015.

 

Officer Recommendation

 

That the Council:

 

1.         Acknowledge the incorporation of the Peron Naturaliste Partnership (on 25 March 2015);

 

2.