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Council Agenda

 

 

 

14 December 2016

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 14 December 2016

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Council will be held in the Meeting Room One, Community Resource Centre, 21 Cammilleri Street, Busselton on Wednesday, 14 December 2016, commencing at 5.30pm.

 

Your attendance is respectfully requested.

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

2 December 2016


CITY OF BUSSELTON

Agenda FOR THE Council MEETING TO BE HELD ON 14 December 2016

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

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

2....... Attendance. 5

3....... Prayer. 5

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

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

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

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

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

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

Previous Council Meetings. 5

9.1          Minutes of the Council Meeting held 23 November 2016. 5

9.2          Minutes of the General Meeting of Electors held 28 November 2016. 6

Committee Meetings. 6

9.3          Minutes of the Meelup Regional Park Management Committee Meeting held 31 October 2016. 6

9.4          Minutes of the Policy and Legislation Committee Meeting held 17 November 2016. 6

9.5          Minutes of the Capes Region Organisation of Councils (CapeROC) Meeting held 24 November 2016. 7

10..... Reports of Committee. 8

10.1        Meelup Regional Park Management Committee - 31/10/2016 - MOUNTAIN BIKE NETWORK/FACILITY DEVELOPMENT - IMPLEMENTATION.. 8

10.2        Policy and Legislation Committee - 17/11/2016 - REVIEW OF POLICY 120 - FLAG PROTOCOL  84

10.3        Policy and Legislation Committee - 17/11/2016 - REVIEW OF POLICY 001 - FEES, ALLOWANCES AND EXPENSES FOR ELECTED MEMBERS. 89

10.4        Policy and Legislation Committee - 17/11/2016 - CONSOLIDATED PARKING SCHEME AMENDMENT. 110

10.5        Policy and Legislation Committee - 17/11/2016 - BUSSELTON AND DUNSBOROUGH CENTRES FACADE REFURBISHMENT SUBSIDY PROGRAM... 116

11..... Planning and Development Services Report. 130

11.1        AMENDMENT 23 TO LOCAL PLANNING SCHEME 21 - INTRODUCING THE RESIDENTIAL ZONE TO UNZONED PORTIONS OF 'PART LOT' 9507 LAYMAN ROAD, GEOGRAPHE - FOR FINAL ADOPTION.. 130

11.2        APPLICATION FOR DEVELOPMENT APPROVAL FOR AN EXTRACTIVE INDUSTRY (SAND) AT LOT 1838 KALGUP ROAD AND LOTS 1842 AND 3982 ACTON PARK ROAD, KALGUP. 142

11.3        DA16/0503 - DEVELOPMENT APPLICATION FOR A MARKET - LOT 400 (NO.24) DUNN BAY ROAD, DUNSBOROUGH.. 178

12..... Engineering and Works Services Report. 210

12.1        ASPHALT AND SPRAY SEALING SERVICES - AWARD OF TENDER RFT 23/16. 210

13..... Community and Commercial Services Report. 214

13.1        2016/2017 COMMUNITY BIDS ROUND 2 ALLOCATIONS. 214

13.2        MARKETING AND EVENTS REFERENCE GROUP OUTCOMES. 220

14..... Finance and Corporate Services Report. 225

14.1        AMENDMENT TO DELEGATION (INVITING TENDERS AND CHOICE OF TENDER). 225

14.2        PROPOSED CITY OF BUSSELTON WASTE LOCAL LAW... 231

14.3        BUSSELTON JETTY LICENCE REVIEW... 253

15..... Chief Executive Officer's Report. 261

15.1        COUNCILLORS' INFORMATION BULLETIN.. 261

16..... Motions of which Previous Notice has been Given.. 277

17..... Confidential Reports. 277

17.1        LAND TRANSACTION: EXTENSION OF BOARD APPROVAL TO PROCEED WTH THE PURCHASE OF LOTS 121 AND 122 KENT STREET AND LOT 309 PRINCE STREET

18..... Questions from Members. 277

19..... Public Question Time. 277

20..... Next Meeting Date. 277

21..... Closure. 277

 


Council                                                                                      4                                                             14 December 2016

 

1.               Declaration of Opening and Announcement of Visitors

2.               Attendance 

Apologies

Approved Leave of Absence

 

Nil

3.               Prayer

The Prayer will be delivered by Reverend Ted vanSponsen of Busselton Free Reformed.

4.               Public Question Time

Response to Previous Questions Taken on Notice 

Public Question Time

5.               Announcements Without Discussion

Announcements by the Presiding Member 

Announcements by other Members at the invitation of the Presiding Member

6.               Application for Leave of Absence

7.               Petitions and Presentations 

8.               Disclosure Of Interests

A decleration of Impartiality Interest has been received from:

 

·         Director Planning and Development Services, Paul Needham in relation to agenda item 13.1 - 2016/2017 Community Bids Round 2 Allocations.

 

In accordance with the Local Government (Rules of Conduct) Regulations 2007 this declaration will be read out immediately before Item 13.1 is discussed.

9.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

9.1             Minutes of the Council Meeting held 23 November 2016

Recommendation

That the Minutes of the Council Meeting held 23 November 2016 be confirmed as a true and correct record.

 


 

9.2             Minutes of the General Meeting of Electors held 28 November 2016

Recommendation

That the Minutes of the General Meeting of Electors held 28 November 2016 be confirmed as a true and correct record.

 

Committee Meetings

9.3             Minutes of the Meelup Regional Park Management Committee Meeting held 31 October 2016

RECOMMENDATION

 

1)    That the minutes of the Meelup Regional Park Management Committee meeting held 31 October 2016 be received.

 

2)    That the Council notes the outcomes from the Meelup Regional Park Management Committee meeting held 31 October 2016 being:

 

a)    The Mountain Bike Network/Facility Development - Implementation item is presented for Council consideration at item 10.1 of this agenda.

 

9.4             Minutes of the Policy and Legislation Committee Meeting held 17 November 2016

RECOMMENDATION

 

1)    That the minutes of the Policy and Legislation Committee Meeting held 17 November 2016 be received.

 

2)    That the Council notes the outcomes from the Policy and Legislation Committee Meeting held 17 November 2016 being:

 

a)    The Review of Policy 120 - Flag Protocol item is presented for Council consideration at item 10.2 of this agenda.

 

b)    The Review of Policy 001 - Fees, Allowances and Expenses for Elected Members item is presented for Council consideration at item 10.3 of this agenda.

 

c)    The Consolidated Parking Scheme Amendment item is presented for Council consideration at item 10.4 of this agenda.

 

d)    The Busselton and Dunsborough Centres Facade Refurbishment Subsidy Program item is presented for Council consideration at item 10.5 of this agenda.

 


 

9.5             Minutes of the Capes Region Organisation of Councils (CapeROC) Meeting held 24 November 2016

RECOMMENDATION

 

1)    That the minutes of the Capes Region Organisation of Councils (CapeROC) Meeting held 24 November 2016 be received.

 

2)    That the Council notes the outcomes from the Capes Region Organisation of Councils (CapeROC) Meeting held 24 November 2016 being:

 

a)    CapeROC acknowledge the use of the budgeted amount of $20k for the purpose of the 50th Anniversary Celebration of the Margaret River Wine Association.

 

b)    The adoption of 2017 meeting dates.

 

c)    That CapeROC gives in principle support for $20k as requested by the Margaret River-Busselton Tourism Association to be allocated from next year’s budget to support the Cabin Fever event.

 

d)    CapeROC approved an allocation of $30k from the 2016/17 budget ($15k from the City of Busselton and $15k from the Shire of Augusta Margaret River) as a contribution to the Margaret River Wine Association for the project management and design development of a proposed regional wine industry public art work.

 

 


Council                                                                                      18                                                          14 December 2016

10.             Reports of Committee

10.1           Meelup Regional Park Management Committee - 31/10/2016 - MOUNTAIN BIKE NETWORK/FACILITY DEVELOPMENT - IMPLEMENTATION

SUBJECT INDEX:

Meelup Regional Park: Mountain Bike / Bicycle Planning

STRATEGIC OBJECTIVE:

Our natural environment is cared for and enhanced for the enjoyment of the community and visitors.

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Environmental Management

REPORTING OFFICER:

Manager, Environmental Services  - Greg Simpson

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Mountain Bike Trail Works Report and Trail Audit

Attachment b    Water Corporation Lot 272 and Mountain Bike Trail Alignments

Attachment c    Proposed Meelup Regional Park Bike Trails (revised)

Attachment d   Schedule of Submissions  

 

This item was considered by the Meelup Regional Park Management Committee at its meeting on 31 October 2016, the recommendations from which have been included in this report. 

 

Note that the report to the Committee foreshadowed an addendum and amended officer recommendation, which have been incorporated into this report.

 

PRÉCIS

 

Following an earlier (January 2014) Council decision to support in-principle the development of a mountain bike trail network/facility in Meelup Regional Park and the progression of the more detailed work required by that resolution, the Council is now asked to support the actual commencement of development and subsequent use of that network/facility, in the following specific ways –

1.    Authorising the CEO to enter into an agreement with Cape Mountain Bikers Incorporated (CMB) that would allow CMB to develop the network/facility, subject to their appointment of an appropriate trail builder and CMB commitment to the ongoing maintenance of the network;

2.    Foreshadowing consideration of a ‘determination’, pursuant to the City’s Property Local Law, to allow the riding of bicycles on trails developed and marked for that purpose, in Meelup Regional Park – note that, as per the notice requirements of the Local Law, the CEO will commence the process of advertising the proposed determination so that, when this matter is considered by the Council, the Council can formally consider the determination; and

3.    Authorising the CEO to enter into an agreement with the Water Corporation to allow for the development and maintenance of portions of the network that will be located on/across a narrow Water Corporation reserve that is effectively within Meelup Regional Park.

 

Council is also asked to recognise the achievements of the Working Group (formed as a requirement of the earlier Council resolution) and confirm the ongoing need for that Group, with a view that the Group has a continuing role in developing and managing the network/facility. That would, however, continue to be assessed on an ongoing basis, and it is recommended that the CEO be allowed to make that decision as and when necessary – noting that if any members are of a different kind to the CEO, there are a variety of means by which further Council consideration of that matter could occur.

 

Council is also advised that necessary environmental approvals have now been obtained for the network/facility, and that planning associated with management of the contaminated site that overlaps with and/or is adjacent to the proposed network/facility is now largely complete, ready for on-ground works, utilising funds allocated for the purpose in the 2016/17 budget, to commence in the first half of 2017, and allowing for further development of the network/facility in that area in future.

 

BACKGROUND

 

In January 2014, the Council resolved (resolution C1401/013) to support in principle the establishment of a mountain bike trail network/facility within Meelup Regional Park (within the area that the Park Management Plan identifies as ‘Management Zone 6’, or simply ‘Zone 6’) with the approach to development and management of the network being generally as follows (as set out in the Council resolution) –

a)    The first stage in developing the network is to consist of the physical formalisation, and realignment and rehabilitation as necessary, of the ‘Brown Street Trail’ and/or such other part or parts of trails identified in the Meelup Regional Park Mountain Bike Facility Trails Master Plan as the Working Group identified as being appropriate; as well as the development (or physical formalisation or similar as appropriate) of linking trails providing access from outside the park;

b)    That a ‘Meelup Mountain Bike Trails Working Group’ be formed to develop, subject to the provisions of the Meelup Regional Park Management Plan, the network, with the Working Group  to consist of – the Meelup Regional Park Environment Officer, a City Officer and a nominee of the Meelup Regional Park Management Committee all representing the City of Busselton, two representatives from Cape Mountain Bikers Incorporated, plus one representative from the Dunsborough and Districts Country Club Inc, and others as the CEO determines to be appropriate;

c)    The Working Group to complete detailed design, implementation plans and costings for the development of the first stage described in b) above, including the ongoing maintenance and management of the network, identify an secure funding, secure necessary environmental approvals, and brief, inform or consult the Committee and Council regarding the outcomes of that work before the commencement of on ground works; and

d)    Once City officers have formed a view that the Working Group has or is likely to be in a position to commence on ground works, the CEO shall commence the process of making a determination, including advertising for community consultation, to allow bicycle riding by the general public on the network once developed.

 

This report is now being presented to the Council because City officers are now formed a view that commencement of on-ground works is, subject to continued Council support, imminent.

 

The approvals component of the project has comprised the following -

a)    Confirmation from the Department of Lands (DoL) that the pending establishment and use of Zone 6 for the purpose of a mountain bike facility is consistent with the purpose of the management order for the Park;

b)    Assessment under the EPBC Act to determine if a formal environmental assessment of the proposed action (mountain bike facility) will be required;

c)    Consultation with the Department of Parks and Wildlife (DPaW) relevant to the preparation of standards for construction of trails and for site remediation/rehabilitation, vegetation protection, dieback management and other relevant matters;

d)    Application to the Department of Environmental Regulation (DER) for a permit to clear vegetation to enable construction of the mountain bike trail network;

e)    Consultation with the Water Corporation on arrangements for proposed mountain bike trails to traverse Lot 272 within Zone 6 and which is vested with the Water Corporation for the purpose of water supply; and

f)     Site investigations and development of an Asbestos Management to guide the future site treatment works and environmental monitoring, acceptable to the DER for securing the appropriate site classification under the Contaminated Sites Act 2003, and for the establishment and use of a mountain bike trail facility on the former landfill areas within Zone 6.

 

During 2015, CMB completed mapping of the mountain bike trail alignment which formed part of the application to the DER for the vegetation clearing permit. In September 2016, CMB commissioned the preparation of a trails works report and trail audit to guide the procurement of a professional trail builder for the construction of the Brown Street trail component of the network/facility. The CMB have also been successful in securing $100,000 Lotterywest funding for the purpose of constructing portions of the network/facility.

 

In August 2015, site investigations were also carried out to assess potential contamination within Zone 6, resulting from former waste disposal landfill activities and to identify/recommend an approach to manage potential contamination and allow for the development of a network/facility within the impacted area.  These investigations identified the presence of Asbestos Containing Materials (ACM) in Zone 6 as a result of the former waste disposal landfill activities

 

In June 2016, an Asbestos Management Plan was prepared for the treatment of the affected area to provide additional protection to the health and safety of the public. In addition to providing an overarching framework for managing risk from asbestos, this plan also provides a proposed approach for the future construction of those mountain bike trails that intersect the former waste disposal area.

 

STATUTORY ENVIRONMENT

 

The City of Busselton Property Local Law 2010, allows Council to formalize the use of bicycles on land of which the City is the management body under the Land Administration Act 1997 by way of a Council ‘determination’.

 

The CMB have expressed an interest in being directly involved in the construction and ongoing maintenance of the proposed mountain bike trails in zone 6. Subject to Council supporting the CMB direct involvement in construction and management, access arrangement will need to be determined. The City Property Local Law 2010, clause 3.13 indicates a number of activities that would require a permit which includes making and excavation on City property. A management agreement which incorporates a permit with appropriate conditions could be issued to CMB for the purpose of constructing and maintaining mountain bike facility within Zone 6.

 

Contaminated Sites Act 2003 provides for the identification, recording, management and treatment of contaminated sites.

 

Health Act 1911 and the relevant guidelines developed thereunder, administered through the Department of Health (WA) provide guidance for the investigation, treatment and management of asbestos-contaminated sites, based on Australian and international best practise tailored to Western Australian conditions.

 


 

RELEVANT PLANS AND POLICIES

 

The Meelup Regional Park Management Plan 2010 has been prepared in accordance with the Land Administration Act 1997 guide the future management of the Meelup Regional Park for conservation and recreation.

 

The Meelup Regional Park Management Plan 2010 considers bicycle access within the Meelup Regional Park. Under visitor access section 25, this plan states that: ‘Formalisation of cycle paths would need to be undertaken with due consideration of the requirements of this management plan.’

The Meelup Regional Park Management Committee has developed a Trails Policy for Meelup Regional Park, which details the principles that apply to the planning, development and management of all trails within the Park. The Trails Policy for Meelup Regional Park is included in the Zone 6 Mountain Bike Management Plan.

 

A Mountain Bike Management Plan has also been developed by the Committee to outline the requirements for the design, construction and operation of the proposed mountain bike trails network in Zone 6 to minimise environmental and social impacts, and to provide a safe and sustainable mountain bike trails network for all skill levels.

 

In January 2014, Council resolved (resolution C1401/013) to note the Meelup Regional Park Mountain Bike Facility Trails Master Plan and Zone 6 Mountain Bike Management Plan prepared by the Cape Mountain Bikers Incorporated as a guiding and background documents for the development of a mountain bike trail network within Zone 6.

 

In December 2014, Council resolved (resolution C1412/316) to note the Meelup Regional Park Management Committee recommendation to endorse the Meelup Regional Park Trails Master Plan 2014, as a basis for future trail development within Meelup Regional Park. This Trails Master Plan identified those trails outside of zone 6, with some trails being identified as suitable for mountain bike riding.

 

FINANCIAL IMPLICATIONS

 

It is proposed that the development of the mountain bike trails in Zone 6 will be constructed in stages and as funds become available for the trail construction works. Stage 1 of mountain bike trails development will involve upgrade and enhancement of the existing trails in the western sector of zone 6, referred to as Brown Street. These initial works will involve:

·    Surface upgrade of the existing Brown Street Trail

·    Realignment of some sections of the Brown Street

·    Construction of a new descending trail

·    Construction of a new climbing trail

·    Installation of trail markers

 

Stage 2 will involve the formalization of the upper gravel pit trails in the eastern sector of Zone 6, with a final Stage 3 being the downhill trails that cross through the former waste disposal area that are intended to be constructed following treatment of the ACM affected area to the satisfaction of the Department of Health and DER.

  

The trail construction works associated with Stage 1, are to be delivered as a single project and CMB have commissioned a detailed works report and trail audit for the purpose of progressing the development of the mountain bike trails to the quoting, procurement and construction process. The works report and trail audit are included with this report as Attachment A.

 

The Meelup Regional Park Mountain Bike Facility Trails Master Plan included a cost estimate for the construction of the Brown Street mountain bike trails in Zone 6. The cost of constructing Stage 1 which comprises the Brown Street trail was originally estimated at $60,000.

 

CMB have been successful in securing $100,000 Lotterywest funding for the purpose of trail construction and are seeking City approval to proceed to the procurement process and engage the services of a professional trail builder to work with the CMB members and guide the construction of the Brown Street trail. CMB propose to engage a professional trail builder on either a rates based or fixed price contract arrangement to guide the more technical components of the trail with the CMB members constructing the more basic trail components. The indicative rate for this arrangement is $175/hour for trail design and project setup and $45/hour for trail construction.

The trails works report commissioned by CMB in September 2016, indicates that the proposed works for Brown Street will involve 716 meters of realigned trail; 191 meters of trail closure; and 2506 meters of new trail sections. The trails works report indicates construction time based on the completion of approximately 100 lineal meters per day for standard trail construction and 50 lineal meters per day for those sections of trail with extensive trail features.

 

Based on the initial trail construction rates it is estimated that the cost of constructing Brown Street trails will be consistent with the original estimate and could be reduced further with CMB members involved in the physical construction of the trails.

 

The Meelup Regional Park Mountain Bike Facility Trails Master Plan also provides an indication of annual maintenance costs for the trail network. While a well designed and constructed mountain bike trail facility should require only minimal ongoing maintenance, industry standards and discussions with the Pemberton mountain bike trail operators indicate the annual ongoing maintenance expenditure ranges from 3% - 5% of the total capital spend. Based on the original estimates of $300,000 included in the Meelup Regional Park Mountain Bike Facility Trails Master Plan for construction of zone 6 mountain bike trails, the ongoing maintenance costs of trails is expected to be in the  vicinity of  $9,000 to $15,000 per annum.  

 

There is also an ongoing management and monitoring component of the trail network which involves regular routine inspections of the trails for reporting trail maintenance and to ensure public safety. The ongoing management and monitoring of the trails is expected to involve approximately 5 hours per month at an estimated cost of $7,000 to $10,000 per annum of staff time which, could be reduced further with CMB members involved in the ongoing management of the Zone 6 mountain bike trails.

 

The development of the trails will also require the formalisation of car parking and access points to the Zone 6 mountain bike trails. The entrance to Meelup Regional Park adjacent to the intersection of Endicott Loop and Cape Naturaliste Road has been identified as a suitable point for access to the mountain bike trails in zone 6.

 

The implementation of the Asbestos Management Plan to treat the former waste disposal area will require the importation of soils and the construction of a suitable truck access for this purpose. It is proposed that the Endicott Loop road access will be constructed as part of the former waste site treatment process. It is envisaged that works associated with site remediation would be met from the Waste Reserve (and $100,000 has been allocated in this year’s budget). Once quotes are received to undertake the necessary works, it will be known whether that allocation is sufficient, or whether an additional allocation may be required (either as an amendment to this year’s budget, or in next year’s budget).

 

Long-term Financial Plan Implications

 

There are no significant Long Term Financial Implications of the recommendations of this report.

STRATEGIC COMMUNITY OBJECTIVES

 

This matter is considered relevant to Key Goal Area 5 ‐ Cared for and Enhanced Environment and Community Objective 5.1 ‐ Our natural environment is cared for and enhanced for the enjoyment of the community and visitors.

 

RISK ASSESSMENT

 

An assessment of the potential implication of not 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

Public Health/Financial/ Reputational.

Implementation of trails not completed to standard and failure to adequately maintain facility.

Implementation of robust agreement in place and clear understanding with Cape Mountain Bikers Incorporated of management and maintenance obligations.

Moderate

Possible

Medium 13

 

CONSULTATION

 

The Meelup Regional Park Mountain Bike Trail Working Group formed in January 2014, met monthly in the initial stages during its first 16 months and as required thereafter, to progress the development of the mountain bike trail network in zone 6.

 

In July 2016, the proposed development of mountain bike trails network in the zone 6 Meelup regional Park was presented at a meeting of the South West Boojarah Working Party.

 

Westcycle is the peak body for cycling throughout Western Australia and work with government agencies, corporate partners and the general public to promote and develop cycling in Western Australia as a form of transport, recreation and sport and operate under the Department of Sport and Recreation commissioned. Westcycle have offered to assist the design and development of the trails and there is potential for the contribution of funds to the project for which Westcycle are seeking a stakeholder agreement with the City and CMB

 

Part of Zone 6 includes Lot 272, which is vested with the Water Corporation for the purpose of water supply. Lot 272 comprises two square parcels of land approximately 1.0 Ha in area, located approximately 600 meters apart for the purpose of water supply tanks and connected by a 5.0 meter wide easement for the future installation of a water supply line connection between the water tanks. Lot 272 runs east/west across zone 6 and which proposed mountain bike trails traverse. A plan of the location of Lot 272 and proposed mountain bike trail alignments is included with this report as Attachment B.

 

The Working Group consider the realignment of the trails to avoid the Water Corporation reserve would significantly reduce the mountain bike experience in Zone 6, which has resulted in discussions with the Water Corporation to establish the terms of an agreement to enable the mountain bike trails to pass through the Water Corporation reserve. The Water Corporation have indicted their support for the proposed mountain bike trail alignment to access Water Corporation land and seek to formalize access arrangements by way of a license agreement. The Water Corporation has advised the cost of the License Agreement will be $1,350, with an annual fee of $500 per annum.

 

In parallel with Committee consideration of this report, a proposed determination to allow mountain biking on the proposed network/facility is being advertised. When this matter is presented to the Council for consideration, it is envisaged that an addendum and amended officer recommendation will be presented setting out the consultation outcomes and making a specific recommendation about the potential determination (rather than just foreshadowing that determination). Given the timeframe associated with advertising of the draft determination, it is likely this report, together with the Committee recommendation and addendum/amended officer recommendation will be formally considered by the Council at its 14 December 2016 ordinary meeting. That timing would also allow for informal discussion of the draft determination, in light of any feedback received from the community, at the Meelup Committee informal meeting scheduled for 28 November 2016, and for any additional informal feedback from the Committee to be incorporated into the addendum. The timeframes would, however, be too tight to allow for formal Committee consideration of the matter prior to the Council’s 14 December meeting.

 

OFFICER COMMENT

 

As part of the development of the mountain bike trail network within Zone 6, the Working Group have systematically worked through a number of key issues/steps, as follows - 

·    Identified and surveyed the preferred mountain bike trail alignment.

·    Applied for and secured a $100,000 Lotterywest grant for the construction of trails.

·    Received a DER permit to clear vegetation for construction of the mountain bike trails.

·    Investigated access arrangements with the Water Corporation to enable the mountain bike trails to access through the Water Corporation managed reserve that traverses Zone 6.

·    Engaged a professional trail designer to provide a detailed works report and trail audit to guide the procurement of a professional trail builder for the upgrade and formalization of the existing Brown Street trail.

 

The trail construction works associated with Stage 1, are to be delivered as a single project and CMB have commissioned a detailed works report and trail audit for the purpose of progressing the development of the mountain bike trails to the quoting, procurement and construction process.

 

The CMB through the Working Group, have expressed a desire for its members to be actively involved in both the initial construction of trails and the ongoing maintenance and management of the mountain bike trails in Zone 6.

 

This level of involvement in the mountain bike fraternity is not uncommon and there are Mountain Bike Trail Adoption agreements currently in place between mountain bike groups and the Department of Parks and Wildlife. These agreements establish the arrangements for communication and reporting, health and safety, standards of maintenance, funding and various other matters.

 

The training of CMB members in trail building and trail maintenance can be incorporated as a requirement of the procurement process should the Council support CMB involvement in the future management of the mountain bike trail network.

 

There are a number of advantages of having an established key user group involved in the management and maintenance of the trail network over the longer term as well as providing a base for the CMB club to grow and develop mountain biking in the district.

 

To facilitate CMB involvement in both construction and maintenance of the mountain bike trails, it will be necessary to formalize access arrangements and it is recommended that the mountain bike trail construction phases and the ongoing monitoring and maintenance of the mountain bike trails following construction be formalized with CMB by way of a management agreement.

This report recommends the formalization of arrangements between the City and Cape Mountain Bikers that allows for the initial construction and the longer term ongoing maintenance of the network/facility within Zone 6

 

The Water Corporation water supply access reserve that currently crosses through Zone 6 also traverses the former waste disposal site and the proposed mountain bike trail network. As ACM has been identified within the former waste disposal area, the treatment measures that need to be undertaken within this area as part of the Asbestos Management Plan may limit the Water Corporations future use of the reserve for the intended purpose, being water supply.  Further discussion with the Water Corporation will determine if the water supply easement can be realigned further north of its current location to avoid the former waste landfill area. In the interim and as discussed early in this report, access arrangements with the Water Corporation are proposed to enable the construction and use of those sections of the mountain bike trails in Stage 1 that traverse the Water Corporation land. 

 

The Property Local Law 2010 allows the Council to formalise the use of bicycles on land of which the City is the management body under the Land Administration Act 1997 by way of a Council ‘determination’. In accordance with Council’s resolution in January 2014, and following the approach discussed in this report to formalise access arrangements with CMB to construct the mountain bike trails and for the ongoing management/ maintenance of the mountain bike trails, the process of making a determination has commenced, including the giving of public notice of Councils intent to make a determination, to allow bicycle riding by the general public on the network once developed. It is also proposed that the determination will also incorporate those trails identified in the Meelup Regional Park Trails Master Plan 2014. A plan of the proposed mountain bike trail area in Zone 6 and designated mountain bike trails in other areas of Meelup Regional Park in included with this report at Attachment C.

 

As already noted, an addendum and amended officer recommendation are envisaged to be presented to the Council – that is because advertising had not been completed at the time of presenting this report to the Committee, but is expected to be completed prior to Council consideration of this report.

 

CONCLUSION

 

The City, together with the Committee and CMB, has now reached a point where development and management of a mountain bike trails network/facility in Zone 6 of Meelup Regional Park can proceed, and the officer recommendation, subject to submission of an addendum and amended officer recommendation once advertising of the proposed determination, ‘paves the way’ for that to occur.

 

ADDENDUM

 

Since this report was considered by the Meelup Regional Park Management Committee at its meeting on 31 October 2016, the proposed determination to allow the riding of bicycles on trails developed and marked for that purpose in Meelup Regional Park, has been advertised for a period of 21 days, with the advertising period closing on 2 December 2016.

 

The effect of the proposed determination would allow the riding of a bike on the mountain bike trail area in Zone 6 and designated mountain bike trails in other areas of Meelup Regional Park as indicated on the plan included with this report at Attachment C.

 

The proposed determination does not include the riding of a bike within the contaminated area of the former waste disposal site until treatment of the ACM affected area and former waste disposal area has been completed to the satisfaction of the Department of Health and DER. The development of mountain bike trails within the former waste disposal areas may occur in the future as funds allow.

 

A schedule of the public submissions received during the advertising period is included with this report as Attachment D. At the time of preparing this report 23 submissions on the proposed determination had been received. Should any further submissions be received, Councillors will be provided with an updated schedule of submissions and, if appropriate in the circumstances, an amended officer recommendation.

 

In summary, 20 submissions were supportive of the proposed determination with three (3) submissions not supportive of the proposed determination. The main concerns expressed related to the use of a mountain bike on road link (Chapman Street) for which Council is not required to make a determination, safety concerns relating to mountain bikes using on road links, which can be managed by installation of safety signage to alert bike riders, lack of consultation with residents and that the access road to the Meelup Regional Park adjacent to the intersection of Endicott Loop and Cape Naturaliste Road be the only entry point to the proposed mountain bike zone. The proposed determination has been advertised as per the City’s Property Local Law 2010 Part 2, and while the current access road adjacent to Endicott Loop and Cape Naturaliste Road is a proposed bike trail access point, the connection to the proposed mountain bike zone via Chapman Street also provides a suitable access point to the proposed mountain bike zone.

 

The City’s Property Local Law 2010, section 2 Procedure for making a determination requires Council to consider the submissions and decide whether or not to amend the proposed determination or not to continue with the proposed determination. The officer recommendation is that no changes be made and that the Council adopt the proposed determination as advertised and included with this report at Attachment C

 

OPTIONS

 

The Council may wish to seek further information before making a decision, or may wish to consider other options for the development and management of the network/facility, such as development and management by the City itself, rather than by CMB.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The aim is to complete implementation of the recommendation (other than actioning the foreshadowed determination, which would not occur until on-ground works are completed, or nearly completed) by no later than 15 February 2017. It is then anticipated that the first phase of construction would be complete by no later than 30 April 2017.

 

OFFICER RECOMMENDATION

 

That the Council, with respect to cycling in Meelup Regional Park, most particularly the development of a mountain bike trail network/facility in Management Zone 6 -

 

1.    Authorise the CEO to enter into an agreement with Cape Mountain Bikers Incorporated (CMB) that would allow CMB to develop the network/facility, subject to their appointment of an appropriate trail builder and CMB commitment to the ongoing maintenance of the network;

 

2.    Foreshadow consideration of a ‘determination’, pursuant to the City’s Property Local Law, to allow the riding of bicycles on trails developed and marked for that purpose, in Meelup Regional Park, including on the network/facility referred to in point 1 above, and on key connecting trails, generally as indicated on Attachment C to the agenda report;

3.    Authorise the CEO to enter into an agreement with the Water Corporation to allow for the development and maintenance of portions of the network/facility that will be located on/across a narrow Water Corporation reserve that is effectively within Meelup Regional Park; and

 

4.    Recognise the achievements of the ‘Meelup Mountain Bike Trails Working Group’ and the constituent members in advancing the project to this point, and confirm the continuing role of the Group in developing and managing the network/facility, until and unless the CEO forms a view that the Group is no longer required.

 

Note:                 Officers proposed a Revised Recommendation for Committee consideration that would amend Attachment C to show current trails suitable for bike riding, realignment of the Zone 6 Mountain Bike Area to include a section of the Brown Street mountain bike trail and the access road to the Water Corporation water tanks has also been amended to a mountain bike on road link.

 

COMMITTEE RECOMMENDATION AND REVISED OFFICER RECOMMENDATION

 

That the Council, with respect to cycling in Meelup Regional Park, most particularly the development of a mountain bike trail network/facility in Management Zone 6 –

 

1.    Authorise the CEO to enter into an agreement with Cape Mountain Bikers Incorporated (CMB) that would allow CMB to develop the network/facility, subject to their appointment of an appropriate trail builder and CMB commitment to the ongoing maintenance of the network;

 

2.    Foreshadow consideration of a ‘determination’, pursuant to the City’s Property Local Law, to allow the riding of bicycles on trails developed and marked for that purpose, in Meelup Regional Park, including on the network/facility referred to in point 1 above, and on key connecting trails, generally as indicated in Revised Attachment C to the agenda report;

 

3.      Authorise the CEO to enter into an agreement with the Water Corporation to allow for the development and maintenance of portions of the network/facility that will be located on/across a narrow Water Corporation reserve that is effectively within Meelup Regional Park; and

 

4.      Recognise the achievements of the ‘Meelup Mountain Bike Trails Working Group’ and the constituent members in advancing the project to this point, and confirm the continuing role of the Group in developing and managing the network/facility, until and unless the CEO forms a view that the Group is no longer required.

 

AMENDED OFfICER recommendation

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council, with respect to cycling in Meelup Regional Park, most particularly the development of a mountain bike trail network/facility in Management Zone 6 –

 

1.    Authorise the CEO to enter into an agreement with Cape Mountain Bikers Incorporated (CMB) that would allow CMB to develop the network/facility, subject to their appointment of an appropriate trail builder and CMB commitment to the ongoing maintenance of the network;

 

2.    Makes  a ‘determination’, pursuant to the City’s Property Local Law, to allow the riding of bicycles on trails developed and marked for that purpose, in Meelup Regional Park, including on the network/facility referred to in point 1 above, and on key connecting trails, as indicated in Revised Attachment C to the agenda report;

 

3.    Authorise the CEO to enter into an agreement with the Water Corporation to allow for the development and maintenance of portions of the network/facility that will be located on/across a narrow Water Corporation reserve that is effectively within Meelup Regional Park; and

 

4.    Recognise the achievements of the ‘Meelup Mountain Bike Trails Working Group’ and the constituent members in advancing the project to this point, and confirm the continuing role of the Group in developing and managing the network/facility, until and unless the CEO forms a view that the Group is no longer required.

 


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10.1

Attachment a

Mountain Bike Trail Works Report and Trail Audit

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

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14 December 2016

10.1

Attachment b

Water Corporation Lot 272 and Mountain Bike Trail Alignments

 


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14 December 2016

10.1

Attachment c

Proposed Meelup Regional Park Bike Trails (revised)

 


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10.1

Attachment d

Schedule of Submissions

 


 


 


 


 


 


 


 


 


Council                                                                                      86                                                          14 December 2016

10.2           Policy and Legislation Committee - 17/11/2016 - REVIEW OF POLICY 120 - FLAG PROTOCOL

SUBJECT INDEX:

Flags

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Finance and Corporate Services

ACTIVITY UNIT:

Finance and Corporate Services

REPORTING OFFICER:

Director, Finance and Corporate Services - Cliff Frewing

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Cliff Frewing

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Revised Policy 120 - Flag Protocol showing tracked changes  

 

This item was considered by the Policy and Legislation Committee at its meeting on 17 November 2016, the recommendations from which have been included in this report. 

 

PRÉCIS

 

As part of the Council’s ongoing policy review process the Flag Protocol – Policy 120 is presented for review and updating to the current policy format.

 

BACKGROUND

 

The Policy and Legislation Committee has endorsed an ongoing policy review process, whereby all policies of the Council will be reviewed, with the aim of determining the ongoing applicability of the policies, along with standardisation and reduction.

 

The policy was last reviewed by Council in 2012, adopted 13 June 2012.

 

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. The Council has proposed to do this on recommendation of a Committee it has established in accordance with Section 5.8 of the Act.

 

RELEVANT PLANS AND POLICIES

 

This report proposes updates of Council policy 120 Flag Protocol.

 

FINANCIAL IMPLICATIONS

 

Nil

 

Long-term Financial Plan Implications

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

Sound policy development and review processes contribute to Governance Systems that deliver a responsible, ethical and accountable decision making in accordance with the City's community objectives as part of the Strategic Plan.

 

RISK ASSESSMENT

 

There are no risks associated.

 

CONSULTATION

 

During the process of the first stage of the policy review, consideration was given to each policy to determine whether there was a need to invite submissions on any proposed changes to policies. This policy is not considered to require any public consultation.

 

OFFICER COMMENT

 

It is proposed to change the Policy in two areas:

 

1.    There may be however situations where it may be appropriate on occasion for other flags to be flown for a short period of time (such as to recognise visiting dignitaries etc). The policy has been changed to reflect this.

2.    On occasions where it is appropriate, an alternative flag may be flown to recognise an occasion, event, visit or the like for a temporary period of time.

 

The proposal is simply to update the existing policy to recognise the importance of Commonwealth Flag protocols by referring to the relevant Commonwealth publication applicable to flying flags.

 

CONCLUSION

 

As part of the regular practice of reviewing City policies, a review was carried out on Policy 120 Flag Protocol.  Following this review the City is presenting a revised policy to the Committee for the purpose of including reference to the Department of the Prime Minister and Cabinet Publication:  Australian Flags – Part 2 The Protocols for the appropriate use and the flying of the flag, Commonwealth of Australia 2006.

 

OPTIONS

 

The Council may determine that a policy is not required for this matter.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The revised policy would be effective immediately upon adoption of Council.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the revised Council Policy 120 – Flag Protocol as shown in Attachment A be adopted:

 

120

Flag Protocol

V2 Current

 

1.        PURPOSE

 

This policy is to provide guidance for the flying of flags at the Offices of the City of Busselton.

 

2.        SCOPE

 

     The policy sets out the authority for designated flags or any other flag as appropriate that can be flown at the City of Busselton Administration      Offices. On all occasions, the Australian National Flag is to be flown and is to take                  precedence on the most prominent flagpole.

 

3.        POLICY CONTENT

 

     The Chief Executive Officer is authorised to fly the Western Australian State flag, Aboriginal and Torres Strait Islander flags, City of Busselton flag, Town of Sugito           flag and Japanese flag, together with the Australian flag, in the City of Busselton                    on occasions as determined.

 

     There may be however situations where it may be appropriate on occasion for             other    flags to be flown for a short period of time (such as to recognise visiting                 dignitaries etc).

 

     On occasions where it is appropriate, an alternative flag may be flown to recognise   an occasion, event, visit or the like for a temporary period of time.

 

     Regard shall be given to all permanent and interim Commonwealth flag protocols.

 

4.        APPLICATION OF THE POLICY

 

     The policy shall be applied by customer service staff in consultation with      Governance Services as necessary.

Policy Background

 

Policy Reference No. 120

Owner Unit Governance Services

Originator Historical

Policy approved by Council

Date Approved 13 June, 2012

Review Frequency As required

Related Documents Department of the Prime Minister and Cabinet Publication: Australian Flags – Part 2 – The Protocols for the appropriate use and the flying of the flag, Commonwealth of Australia 2006.

 

History

 

Council Resolution

Date

Information

C1206/137

13 June, 2012

Update to policy format Version 2

 

 

Version 1

 

 


Council

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14 December 2016

10.2

Attachment a

Revised Policy 120 - Flag Protocol showing tracked changes

 


 


Council                                                                                      103                                                        14 December 2016

10.3           Policy and Legislation Committee - 17/11/2016 - REVIEW OF POLICY 001 - FEES, ALLOWANCES AND EXPENSES FOR ELECTED MEMBERS

SUBJECT INDEX:

Councillors

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Finance and Corporate Services

ACTIVITY UNIT:

Council & Councillor Services

REPORTING OFFICER:

Director, Finance and Corporate Services - Cliff Frewing

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Cliff Frewing

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Revised Policy 001 - Fees, Allowances and Expenses for Elected Members showing tracked changes  

 

This item was considered by the Policy and Legislation Committee at its meeting on 17 November 2016, the recommendations from which have been included in this report. 

 

PRÉCIS

 

It is appropriate to amend Policy 001 – Fees, Allowances and Expenses for Elected Members so that it reflects current practice.  In addition at a recent Policy and Legislation Committee the topic of private use of the Mayoral vehicle was raised and this report addresses this topic.

 

BACKGROUND

 

As part of the regular review of Council Policies, it is apparent that there is a need to review Council Policy 001 - Fees, Allowances and Expenses for Elected Members in relation to current practice re provision of laptops (as they are now not provided),  changes in relation to sources of information that are relied upon in the Policy (as the source of information has changed), and motor vehicle usage by the Mayor (discussed at the Policy and Legislation Committee at its meeting on 29 September 2016 (Item 7.1). In addition, as elected members Allowances are considered and determined by Council during the annual budget process, it is good practice to have the Policy amended to reflect this.

 

Specifically, the proposed changes to the Policy are detailed as follows:

 

1.    Clause 3.1.1 – provision of laptops

 

The current practice is not to provide laptops to elected members but instead to provide ipads in lieu. This clause has been amended to reflect this change (and therefore current practice) and to provide increased flexibility in the future should other mobile devices be used either as an alternative or in addition to ipads.

 

2.    Clause 3.1.5 - Reimbursement of travel expenses - Sources of Information

 

The Policy at clause 3.1.5 makes reference to reimbursement of mileage allowance in accordance with the provisions of the Public Service Act 1992. Reference should now be made to the State Salaries and Allowances Tribunal as it is this body that now determines reimbursement of mileage rates for use of motor vehicles by Local Government elected members.  As far as is known, payments have been made in accordance with the State Salaries and Allowances Tribunal so for all practical purposes there is no change – apart from Policy wording. As a matter of interest, the State Salaries and Allowances Tribunal relies on reimbursement rates set under the Local Government Officers Award – presumably to ensure there is no differentiation between rates reimbursed to either elected members or employees.

In addition changes are also proposed to reflect current practice that City vehicles should be used as a preference where training courses are held outside of the district.

 

3.    The following is an extract from Council Policy 001 - Fees, Allowances and Expenses for Elected Members:

 

3.2.2 - Provision of a City‐owned vehicle:

 

“The Mayor shall be provided with a City‐owned motor vehicle for use in his or her official capacity. The Mayor is entitled to use the City‐owned motor vehicle for travel for personal reasons during the time when the vehicle is being used for City purposes, provided such use does not go beyond use of a minor incidental nature”.

 

The Policy is considered unnecessarily restrictive in that it does not allow for the periodic private use of the vehicle by the Mayor (or future Mayor). Many other Local Governments have adopted policy provisions that permit the Mayor or President to use the Mayoral vehicle for some form of private usage on a cost reimbursement basis so there is no cost to ratepayers. It is suggested that the Policy be amended to permit private usage and that details of private usage be recorded in a log book that would be used for reimbursement calculations. This allows periodic use of the Mayors vehicle for private purposes rather than prohibition.

 

4.    Annual budget process.

 

A new clause should be added to the Policy to clarify when any new allowances become effective. The recommendations made by the Salaries and Allowances Tribunal are made prior to the end of the financial year which allows Local Governments to consider the implications during the budget process.

 

STATUTORY ENVIRONMENT

 

The proposal to provide the Mayor with a vehicle is allowable under Section 5.98 of the Local Government Act. The proposal to amend the Policy is consistent with Policies of other Local Governments in relation to private usage of the Mayoral Vehicle and consistent with Department of Local Government Circular 9-2011 (Use of Motor Vehicle for Official Purposes). The Salaries and Allowances Tribunal makes annual recommendations in relation to elected members allowances and expenses.

 

RELEVANT PLANS AND POLICIES

 

This report recommends that Policy 001 - Fees, Allowances and Expenses for Elected Members be updated to take into consideration the current practice changes in relation to sources of information that are relied upon in the Policy and motor vehicle usage by the Mayor. In addition, as elected members Allowances are considered and determined by Council during the annual budget process, it is good practice to have the Policy amended to reflect this.

 

FINANCIAL IMPLICATIONS

 

The Salaries and Allowances Tribunal makes recommendations in relation to Elected Members Fees, Allowances and Expenses are determined by Council during the annual budget process.

 

Long-term Financial Plan Implications

 

The Long-term Financial Plan provides for the payments to which elected members are entitled.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Strategic Community Plan includes the community objective of having an effectively managed organisation that achieves positive outcomes for the community.  One of the key ways for this to occur is to provide financial recognition of the extensive responsibilities performed by elected members.

 

RISK ASSESSMENT

 

Not required for this policy review.

 

CONSULTATION

 

The actual levels of fees and allowances are established through the annual budget development process having regard for the determination made by the Salaries and Allowances Tribunal.

 

OFFICER COMMENT

 

As part of the regular review of Council Policies it is apparent that there is a need to review Policy 001 - Fees, Allowances and Expenses for Elected members in the following areas to reflect current and appropriate practice.

 

1.    Clause 3.1.1 – provision of laptops

 

Changing reference in the Policy at clause 3.1.1 from “laptops” to “mobile devices” reflects current practice and provides for future flexibility. There are no additional costs to Council.

 

2.    Clause 3.1.5 - Reimbursement of travel expenses - Sources of Information

 

Changing reference in the Policy at clause 3.1.5 from the “Public Service Act 1992” to the State Salaries and Administrative Tribunal described as “Local Government Elected Council Members Determination under the Salaries and Allowances Act 1975” reflects current practice.

 

3.    3.2.2  - Provision of a City‐owned vehicle

 

The current policy with respect to private use of the Mayoral vehicle is considered to be unnecessarily restrictive and it is proposed to modify the relevant clause to permit private use. An amendment to the Policy to allow for greater flexibility is proposed which would permit the vehicle to be used for private purposes by the Mayor for convenience or necessity from time to time. The cost of private mileage would be payable by the Mayor on a reimbursement basis.  The reimbursement rate would be that set by the State Salaries and Allowance Tribunal referred to above at clause 3.1.5. It is not envisaged that there would be any significant private usage of the Mayoral Vehicle.

 

The cost of the private use would be reimbursed by the Mayor to the City on a quarterly basis by reference to details of private use contained in a vehicle log book.

 

It is suggested that this clause amended with additional new clauses as follows:

 

“The Mayor may also use the vehicle for private use for convenience or necessity on a cost recovery basis. Details of private use shall be recorded in a log book which shall be provided to the City on a quarterly basis”.

 

Should Council agree with the proposal to amend the Policy, it is also suggested to provide flexibility as to how the value of the private use be reimbursed to the City. The policy would provide for the CEO and Mayor to be authorised to determine the actual process but would involve one two methods.

 

“The mayor is permitted to use the vehicle for private use without further authorisation on the basis that the cost reimbursement is made to the City in one of the following ways:

 

Ø Calculation of the amount due and the quarterly members allowance payment be reduced accordingly; or

Ø Calculation of the amount due and an invoice be given to the Mayor for reimbursement.

 

“The CEO and Mayor shall agree which of the two methods should apply.   The mileage rate would be calculated at the rate determined by the State Salaries and Allowances Tribunal – which refers to the rate payable contained by reference to the decision of the Local Government Elected Council Members Determination under the Salaries and Allowances Act 1975”.

 

In addition, the following also seems an appropriate clause to be added:

 

“Unless Council approves otherwise, the mayoral vehicle may only be used for private purposes for travel within the State of WA”.

 

As a reimbursement is made, in terms operational cost there is no difference for the City whichever method of reimbursement is chosen.

 

4.    Annual budget process.

 

The proposed new additional wording is as follows:

 

“All allowances in relation to Elected Members are reviewed on an annual basis and become effective following the adoption of the annual budget”.

 

A revised Policy showing marked up is attached showing proposed changes.

 

CONCLUSION

 

The policy is presented for updating, noting that the Absolute Majority is required in order to pay an annual allowance and to establish the percentage of the Mayor’s allowance to which the Deputy Mayor will be entitled.

 

OPTIONS

 

Other changes to the policy can be considered, however, the budget has been developed in accordance with the allowances described, such as clothing and travel reimbursement.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The new policy adopted will be effective immediately.

 

OFFICER RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the revised Council Policy 001 - Fees, Allowances and Expenses for Elected Members as shown in Attachment A be adopted:

001

Fees, Allowances and Expenses for Elected Members

V9 Draft

 

1.            PURPOSE

 

In accordance with Division 8 of Part 5 of the Local Government Act 1995 elected members are entitled to receive a fee for meeting attendance, be reimbursed for expenses and/or be paid an allowance for certain types of expenses.  Certain payments are an automatic entitlement in accordance with the Act, while others require specific local government approval.  The Fees, Allowances and Expenses for Elected Members policy provides the approval framework under which all fees, allowances and reimbursements to elected members will be made.

 

2.            SCOPE

 

"Elected member" - Any person who holds the office of Councillor on the Council of the City of Busselton, including the Mayor and Deputy Mayor;

 

Schedule” – Information describing the current Local Government Band Allocation and fees and allowances established within that Band in accordance with any Local Government Elected Council Members Determination under the Salaries and Allowances Act 1975.

 

The Fees, Allowances and Expenses for Elected Members policy is to apply to the purchase of all local government-owned equipment for the specific and individual use of an elected member, the reimbursement of any expenses incurred by an elected member in the performance of their functions and duties, and fees and allowances provided to all elected members.

 

This policy provides the approval framework to enable the provision of equipment and certain payments to be made to elected members to enable them to carry out their role as an elected member effectively.  All matters approved in this policy are in accordance with the relevant legislation and determinations, being the Local Government Act 1995 and Local Government Elected Council Members Determinations in accordance with the Salaries and Allowances Act 1975.

 

All allowances in relation to elected members are reviewed annually by the City and become effective following adoption of the annual budget.

 

3.            POLICY CONTENT

 

3.1           Elected members

 

3.1.1       Provision of equipment

 

Without limiting the application of any other clause in this policy, the local government will provide to elected members of the City of Busselton access to resources to enable them to carry out their duties efficiently and effectively.  In accordance with Section 3.1 of the Local Government Act 1995, in order to provide for the good government of persons in the District, any newly elected member will have the opportunity to be furnished with the following equipment:

·    A standard-issue mobile telephone;

·    A standard issue mobile device that will be upgraded from time to time, inclusive of standard equipment associated with the day-to-day use of the device.

 

Any mobile telephone or mobile device purchased in accordance with this policy can be retained by the elected member at the completion of their term of office if they serve a minimum of  24 months as an elected member.

 

3.1.2       Meeting attendance fees

 

An elected member is entitled to receive an annual fee for attending Council and Committee meetings in accordance with the Local Government Act 1995.  This payment is in lieu of any entitlement established for a fee per meeting under that Act.

 

The annual fee will be established during the annual budget process within the Band established in the relevant Local Government Elected Council Members Determination.

 

The annual meeting attendance fee is full and final satisfaction of an elected member's meeting entitlements and no other claims can be made for attendance at meetings, with the exception that an elected member's expenses incurred for travelling to and from the meeting can be reimbursed in accordance with clause 3.1.5 of this policy or childcare expenses incurred can be reimbursed in accordance with clause 3.1.4 of this policy. 

 

Meeting attendance fees will be paid monthly or quarterly in arrears.  The fee will be calculated on a pro-rata basis for any elected member who commences or ceases office during the month or quarter.  Upon commencement of office, elected members, for the purposes of budget development, will be requested to indicate whether it is their intention to claim meeting attendance fees and their preferred payment method.  Nothing in the relevant legislation or this policy prevents an elected member from changing their intention at any time.

 

3.1.3       Information and Communications Technology allowance

 

In accordance with the relevant Local Government Elected Council Members Determination, all elected members are eligible to claim an annual information and communications technology allowance the amount of which will be included in the Schedule.  This allowance is to cover an elected member's costs in relation to the following equipment and services:

·    Telephone rental charges;

·    Any other expenses that relate to information and communications technology, for example telephone call charges and internet service provider fees, and that are a kind of expense prescribed by regulation 32(1) of the Local Government (Administration) Regulations 1996.

 

The information and communications technology allowance will be paid monthly or quarterly in arrears.  The allowance will be calculated on a pro-rata basis for any elected member who commences or ceases office during the month or quarter.  Upon commencement of office, elected members, for the purposes of budget development, will be requested to indicate whether it is their intention to claim the information and communications technology allowance and their preferred payment method.  Nothing in the relevant legislation or this policy prevents an elected member from changing their intention at any time.

 

3.1.4       Reimbursement of childcare expenses

 

In accordance with the Local Government Act 1995 an elected member who incurs childcare expenses due to their attendance at a Council meeting or a meeting of a formally constituted Council Committee of which they are a member is entitled to be reimbursed.  The extent to which the childcare expenses incurred will be reimbursed will be in accordance with the relevant Local Government Elected Council Members Determination.  For the purposes of this section, the number of hours claimed shall be limited to the actual length of the meeting, with a nominal time allowance for partaking in refreshments and travel to and from the place of care.

3.1.5      Reimbursement of travel expenses

 

In accordance with the Local Government Act 1995 an elected member who incurs expenses to travel to a Council meeting or a meeting of a formally constituted Council Committee of which they are a member is entitled to be reimbursed.  Elected members can also be reimbursed for other types of travel in accordance with Regulation 32 of the Local Government (Administration) Regulations 1996.  The extent to which travel expenses can be reimbursed is in accordance with the State  Salaries and Allowances TribunalThe following list represents the meetings and events at which the attendance of an elected member is required for which the elected member will be able to claim reimbursement in accordance with the State Salaries and Allowances Tribunal for incurring travel expenses.

·    Council meetings - ordinary and special;

·    Committee meetings of a formally constituted Council committee of which they are a member or a deputy member acting in the capacity of a member;

·    Electors' meetings - annual general and special;

·     Civic receptions hosted by the City of Busselton;

·    Visits by Ministers of the Crown;

·    Inspection tours of matters arising before the Council;

·    Any City-convened meeting requiring elected member attendance, including briefing sessions, workshops and other forums;

·    Elected member training courses (if training course is held outside of the district, a City pool car should be used);

·    Officially convened meetings with ratepayers;

·    Attendance at community functions with a formal invitation as an elected member;

·    Seminars and conferences attended in the capacity of an elected member;

·    Meetings of community groups or other external organisations of which the elected member has been appointed the Council's representative by Council resolution (except where the other body pays the elected member for meeting attendance and/or travel eg ministerial appointment to State Advisory Boards).

 

The reimbursement will be made available to the elected member on the receipt of a certified claim form and in accordance with the rates set out in the State Salaries and Allowances Tribunal.  Nothing in this section prevents an elected member from utilising a City-owned motor vehicle for the types of travel approved under this section and this is encouraged where practical for the elected member's purposes. 

 

Subject to the approval of the Chief Executive Officer, the elected member is entitled to use the City-owned motor vehicle for travel for personal reasons during the time when the vehicle is being used for City purposes, provided such use does not go beyond use of a minor incidental nature.  Where a City vehicle is utilised, the travel reimbursement or travel allowance cannot be claimed.

 

3.1.6       Reimbursement of expenses while away from home on sanctioned activities

 

Expenses incurred for conferences, training, seminars and similar occasions requiring an elected member to stay overnight away from their place of residence will be reimbursed to the elected member or paid directly by the City in accordance with the following guidelines.

 

Air travel and accommodation will be arranged and paid for by the City in consultation with the elected member and the key considerations will be cost effectiveness and for accommodation also proximity to the location at which the conference, training, seminar or similar occasion is being held.

 

While staying in the accommodation provided by the City for the purpose of enabling attendance at the approved conference, training or seminar, the expenses to be met by the City will be:

 

Expenses and Restrictions

Elected Member

Spouse

Laundry > 2 nights

Y

Y

Taxi fares or other public transport - only where these directly relate to the activity and no other transport is provided

Y

Y

Daily sustenance per day allowance in accordance with the Public Service Award 1992 (1)

Y

N

Specific conference related dinners/meals

Y

Y

(1) Limited authority exists (refer to Mayor for prior approval) to purchase alcohol for networking purposes in a similar manner to the way the Council offers community members an invitation to share a drink after a Council meeting.

 

3.1.7       Reimbursement of other expenses

 

3.1.7.1    Reimbursement of hospitality expenses

 

Elected members may seek reimbursement of the reasonable costs of beverages or snack items provided during any meeting or networking opportunity that relates to City activities, subject to the provision of receipts to the CEO.

 

3.1.7.2   Corporate attire reimbursement

 

Each elected member is eligible to claim up to $1,000 reimbursement for the purchase of corporate attire, which may include a brief case or travel case.  Payment will be made on the production of receipts for clothing, shoes or a case, but will be limited to $500 for the period November to April and a further $500 for the period May to October. 

 

3.2          Mayor

 

3.2.1       Mayoral allowance

 

In addition to their entitlements as an elected member under Section 3.1 of this policy, the Mayor is eligible for a Mayoral allowance in accordance with the Local Government Act 1995.  In accordance with the relevant Local Government Elected Council Members Determination the Mayor of the City of Busselton shall be paid an allowance within the Band established as set by Council when the annual budget is adopted, payable monthly or quarterly in arrears. 

 

The allowance will be calculated on a pro-rata basis for any Mayor who commences or ceases office during the month or quarter.  Upon commencement of office, the Mayor, for the purposes of budget development, will be requested to indicate whether it is their intention to claim a Mayoral allowance and their preferred payment method.  Nothing in the relevant legislation or this policy prevents the Mayor from changing their intention at any time.

 

3.2.2       Provision of a City-owned vehicle

 

The Mayor shall be provided with a City-owned motor vehicle for use in his or her official capacity.  The Mayor is entitled to use the City-owned motor vehicle for travel for personal reasons during the time when the vehicle is being used for City purposes, provided such use does not go beyond use of a minor incidental nature.  Nothing in this section prevents the vehicle from being utilised in accordance with City fleet guidelines by other elected members or officers with the agreement of the Mayor.

 

The Mayor may also use the vehicle for private use for convenience or necessity on a cost recovery basis. Details of private use shall be recorded in a log book which shall be provided to the City on a quarterly basis.

The Mayor is permitted to use the vehicle for private use without further authorisation on the basis that the cost reimbursement is made to the City in one of the following ways:

 

Calculation of the amount due and the quarterly members allowance payment be reduced accordingly; or

Calculation of the amount due and an invoice be given to the Mayor for reimbursement.

 

The CEO and Mayor shall agree which of the two methods should apply.   The mileage rate would be calculated at the rate determined by the State Salaries and Allowances Tribunal – which refers to the rate payable contained by reference to the decision of the Local Government Elected Council Members Determination under the Salaries and Allowances Act 1975.

 

Unless Council approves otherwise, the mayoral vehicle may only be used for private purposes for travel within the State of WA.

 

3.3          Deputy Mayor

 

3.3.1       Deputy Mayor's allowance

 

In addition to their entitlements as an elected member under Section 3.1 of this policy, the Deputy Mayor may be paid a Deputy Mayor's allowance in accordance the Local Government Act 1995.  In accordance with the relevant Local Government Elected Council Members Determination the Deputy Mayor can be paid up to 25% of the Mayoral allowance.  The Deputy Mayor of the City of Busselton shall be paid the maximum percentage of the Mayoral allowance of 25%, payable monthly or quarterly in arrears. 

 

The allowance will be calculated on a pro-rata basis for any Deputy Mayor who commences or ceases office during the month or quarter.  Upon commencement of office, the Deputy Mayor, for the purposes of budget development, will be requested to indicate whether it is their intention to claim a Deputy Mayor's allowance and their preferred payment schedule.  Nothing in the relevant legislation or this policy prevents the Deputy Mayor from changing their intention at any time.

 

The Deputy Mayor shall be permitted to use the City-owned vehicle provided to the Mayor during periods the Mayor is on leave and will have the same entitlements the Mayor has to use the City-owned vehicle for private use under the same conditions as set out in clause 3.2.2.

 

4.            APPLICATION OF THE POLICY

 

Any request for reimbursement in accordance with the relevant clauses of this policy must be accompanied by an original supplier receipt or other relevant documentation. 

 

Policy Background

 

Policy Reference No. - 001

Owner Unit – Governance

Originator – Director of Finance and Corporate Services

Policy approved by – Council

Date Approved – 27 August 2008

Review Frequency – As required

Related Documents –

Local Government Act 1995

Local Government Department Circular 9-2011

Local Government (Administration) Regulations 1996

Local Government Elected Council Members Determinations

Background/History - Initiated June 2008 to replace former policies:

                054/1 - Councillors' Travelling Expenses;

                055/1 - Attendance at Conferences, Training and Seminars;

                193 - Communications Allowances - Councillors;

212/1 - Vehicle for Use by Shire President and Councillors;

226 - Laptop Computers - Councillors and Officers;

227 - Printer Consumables.

 

Last Policy Change

 

Council Resolution

Date

Information

 

 

Adjustments of the Policy to reflect current practice and to allow the Mayor private use of vehicle.

C1608/200

10 August, 2016

Adjustments to state that fees and allowances to be determined in accordance with the relevant Local Government Elected Council Members Determination.

Version 8

 

Note:                 The Committee proposed a Recommendation that would add a point to 3.1.5 stating that a City owned motor vehicle should be used where practicable and to remove the text ‘(refer to Mayor for prior approval) under section 3.1.6.

 

COMMITTEE RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the revised Council Policy 001 - Fees, Allowances and Expenses for Elected Members as shown below be adopted:

 

001

Fees, Allowances and Expenses for Elected Members

V9 Draft

 

1.            PURPOSE

 

In accordance with Division 8 of Part 5 of the Local Government Act 1995 elected members are entitled to receive a fee for meeting attendance, be reimbursed for expenses and/or be paid an allowance for certain types of expenses.  Certain payments are an automatic entitlement in accordance with the Act, while others require specific local government approval.  The Fees, Allowances and Expenses for Elected Members policy provides the approval framework under which all fees, allowances and reimbursements to elected members will be made.

 

2.            SCOPE

 

"Elected member" - Any person who holds the office of Councillor on the Council of the City of Busselton, including the Mayor and Deputy Mayor;

Schedule” – Information describing the current Local Government Band Allocation and fees and allowances established within that Band in accordance with any Local Government Elected Council Members Determination under the Salaries and Allowances Act 1975.

 

The Fees, Allowances and Expenses for Elected Members policy is to apply to the purchase of all local government-owned equipment for the specific and individual use of an elected member, the reimbursement of any expenses incurred by an elected member in the performance of their functions and duties, and fees and allowances provided to all elected members.

 

This policy provides the approval framework to enable the provision of equipment and certain payments to be made to elected members to enable them to carry out their role as an elected member effectively.  All matters approved in this policy are in accordance with the relevant legislation and determinations, being the Local Government Act 1995 and Local Government Elected Council Members Determinations in accordance with the Salaries and Allowances Act 1975.

 

All allowances in relation to elected members are reviewed annually by the City and become effective following adoption of the annual budget.

 

3.            POLICY CONTENT

 

3.1           Elected members

 

3.1.1       Provision of equipment

 

Without limiting the application of any other clause in this policy, the local government will provide to elected members of the City of Busselton access to resources to enable them to carry out their duties efficiently and effectively.  In accordance with Section 3.1 of the Local Government Act 1995, in order to provide for the good government of persons in the District, any newly elected member will have the opportunity to be furnished with the following equipment:

·    A standard-issue mobile telephone;

·    A standard issue mobile device that will be upgraded from time to time, inclusive of standard equipment associated with the day-to-day use of the device.

 

Any mobile telephone or mobile device purchased in accordance with this policy can be retained by the elected member at the completion of their term of office if they serve a minimum of  24 months as an elected member.

 

3.1.2       Meeting attendance fees

 

An elected member is entitled to receive an annual fee for attending Council and Committee meetings in accordance with the Local Government Act 1995.  This payment is in lieu of any entitlement established for a fee per meeting under that Act.

 

The annual fee will be established during the annual budget process within the Band established in the relevant Local Government Elected Council Members Determination.

 

The annual meeting attendance fee is full and final satisfaction of an elected member's meeting entitlements and no other claims can be made for attendance at meetings, with the exception that an elected member's expenses incurred for travelling to and from the meeting can be reimbursed in accordance with clause 3.1.5 of this policy or childcare expenses incurred can be reimbursed in accordance with clause 3.1.4 of this policy. 

 

Meeting attendance fees will be paid monthly or quarterly in arrears.  The fee will be calculated on a pro-rata basis for any elected member who commences or ceases office during the month or quarter. Upon commencement of office, elected members, for the purposes of budget development, will be requested to indicate whether it is their intention to claim meeting attendance fees and their preferred payment method.  Nothing in the relevant legislation or this policy prevents an elected member from changing their intention at any time.

 

3.1.3       Information and Communications Technology allowance

 

In accordance with the relevant Local Government Elected Council Members Determination, all elected members are eligible to claim an annual information and communications technology allowance the amount of which will be included in the Schedule.  This allowance is to cover an elected member's costs in relation to the following equipment and services:

·    Telephone rental charges;

·    Any other expenses that relate to information and communications technology, for example telephone call charges and internet service provider fees, and that are a kind of expense prescribed by regulation 32(1) of the Local Government (Administration) Regulations 1996.

 

The information and communications technology allowance will be paid monthly or quarterly in arrears.  The allowance will be calculated on a pro-rata basis for any elected member who commences or ceases office during the month or quarter.  Upon commencement of office, elected members, for the purposes of budget development, will be requested to indicate whether it is their intention to claim the information and communications technology allowance and their preferred payment method.  Nothing in the relevant legislation or this policy prevents an elected member from changing their intention at any time.

 

3.1.4       Reimbursement of childcare expenses

 

In accordance with the Local Government Act 1995 an elected member who incurs childcare expenses due to their attendance at a Council meeting or a meeting of a formally constituted Council Committee of which they are a member is entitled to be reimbursed.  The extent to which the childcare expenses incurred will be reimbursed will be in accordance with the relevant Local Government Elected Council Members Determination.  For the purposes of this section, the number of hours claimed shall be limited to the actual length of the meeting, with a nominal time allowance for partaking in refreshments and travel to and from the place of care.

 

3.1.5      Reimbursement of travel expenses

 

In accordance with the Local Government Act 1995 an elected member who incurs expenses to travel to a Council meeting or a meeting of a formally constituted Council Committee of which they are a member is entitled to be reimbursed.  Elected members can also be reimbursed for other types of travel in accordance with Regulation 32 of the Local Government (Administration) Regulations 1996.  The extent to which travel expenses can be reimbursed is in accordance with the State  Salaries and Allowances TribunalThe following list represents the meetings and events at which the attendance of an elected member is required for which the elected member will be able to claim reimbursement in accordance with the State Salaries and Allowances Tribunal for incurring travel expenses.

·    Council meetings - ordinary and special;

·    Committee meetings of a formally constituted Council committee of which they are a member or a deputy member acting in the capacity of a member;

·    Electors' meetings - annual general and special;

·     Civic receptions hosted by the City of Busselton;

·    Visits by Ministers of the Crown;

·    Inspection tours of matters arising before the Council;

·    Any City-convened meeting requiring elected member attendance, including briefing sessions, workshops and other forums;

·    Elected member training courses

·    Officially convened meetings with ratepayers;

·    Attendance at community functions with a formal invitation as an elected member;

·    Seminars and conferences attended in the capacity of an elected member;

·    Meetings of community groups or other external organisations of which the elected member has been appointed the Council's representative by Council resolution (except where the other body pays the elected member for meeting attendance and/or travel eg ministerial appointment to State Advisory Boards).

 

When practicable a City-owned motor vehicle should be used in the first instance.

 

The reimbursement will be made available to the elected member on the receipt of a certified claim form and in accordance with the rates set out in the State Salaries and Allowances Tribunal.  Nothing in this section prevents an elected member from utilising a City-owned motor vehicle for the types of travel approved under this section and this is encouraged where practical for the elected member's purposes. 

 

Subject to the approval of the Chief Executive Officer, the elected member is entitled to use the City-owned motor vehicle for travel for personal reasons during the time when the vehicle is being used for City purposes, provided such use does not go beyond use of a minor incidental nature.  Where a City vehicle is utilised, the travel reimbursement or travel allowance cannot be claimed.

 

3.1.6       Reimbursement of expenses while away from home on sanctioned activities

 

Expenses incurred for conferences, training, seminars and similar occasions requiring an elected member to stay overnight away from their place of residence will be reimbursed to the elected member or paid directly by the City in accordance with the following guidelines.

 

Air travel and accommodation will be arranged and paid for by the City in consultation with the elected member and the key considerations will be cost effectiveness and for accommodation also proximity to the location at which the conference, training, seminar or similar occasion is being held.

 

While staying in the accommodation provided by the City for the purpose of enabling attendance at the approved conference, training or seminar, the expenses to be met by the City will be:

 

Expenses and Restrictions

Elected Member

Spouse

Laundry > 2 nights

Y

Y

Taxi fares or other public transport - only where these directly relate to the activity and no other transport is provided

Y

Y

Daily sustenance per day allowance in accordance with the Public Service Award 1992 (1)

Y

N

Specific conference related dinners/meals

Y

Y

(1) Limited authority exists to purchase alcohol for networking purposes in a similar manner to the way the Council offers community members an invitation to share a drink after a Council meeting.

 

3.1.7       Reimbursement of other expenses

 

3.1.7.1    Reimbursement of hospitality expenses

 

Elected members may seek reimbursement of the reasonable costs of beverages or snack items provided during any meeting or networking opportunity that relates to City activities, subject to the provision of receipts to the CEO.

 

3.1.7.2   Corporate attire reimbursement

 

Each elected member is eligible to claim up to $1,000 reimbursement for the purchase of corporate attire, which may include a brief case or travel case.  Payment will be made on the production of receipts for clothing, shoes or a case, but will be limited to $500 for the period November to April and a further $500 for the period May to October. 

 


 

3.2          Mayor

 

3.2.1       Mayoral allowance

 

In addition to their entitlements as an elected member under Section 3.1 of this policy, the Mayor is eligible for a Mayoral allowance in accordance with the Local Government Act 1995.  In accordance with the relevant Local Government Elected Council Members Determination the Mayor of the City of Busselton shall be paid an allowance within the Band established as set by Council when the annual budget is adopted, payable monthly or quarterly in arrears. 

 

The allowance will be calculated on a pro-rata basis for any Mayor who commences or ceases office during the month or quarter.  Upon commencement of office, the Mayor, for the purposes of budget development, will be requested to indicate whether it is their intention to claim a Mayoral allowance and their preferred payment method.  Nothing in the relevant legislation or this policy prevents the Mayor from changing their intention at any time.

 

3.2.2       Provision of a City-owned vehicle

 

The Mayor shall be provided with a City-owned motor vehicle for use in his or her official capacity.  The Mayor is entitled to use the City-owned motor vehicle for travel for personal reasons during the time when the vehicle is being used for City purposes, provided such use does not go beyond use of a minor incidental nature.  Nothing in this section prevents the vehicle from being utilised in accordance with City fleet guidelines by other elected members or officers with the agreement of the Mayor.

 

The Mayor may also use the vehicle for private use for convenience or necessity on a cost recovery basis. Details of private use shall be recorded in a log book which shall be provided to the City on a quarterly basis.

 

The Mayor is permitted to use the vehicle for private use without further authorisation on the basis that the cost reimbursement is made to the City in one of the following ways:

 

Calculation of the amount due and the quarterly members allowance payment be reduced accordingly; or

Calculation of the amount due and an invoice be given to the Mayor for reimbursement.

 

The CEO and Mayor shall agree which of the two methods should apply.   The mileage rate would be calculated at the rate determined by the State Salaries and Allowances Tribunal – which refers to the rate payable contained by reference to the decision of the Local Government Elected Council members Determination under the Salaries and Allowances Act 1975.

 

Unless Council approves otherwise, the mayoral vehicle may only be used for private purposes for travel within the State of WA.

 

3.3          Deputy Mayor

 

3.3.1       Deputy Mayor's allowance

 

In addition to their entitlements as an elected member under Section 3.1 of this policy, the Deputy Mayor may be paid a Deputy Mayor's allowance in accordance the Local Government Act 1995.  In accordance with the relevant Local Government Elected Council Members Determination the Deputy Mayor can be paid up to 25% of the Mayoral allowance.  The Deputy Mayor of the City of Busselton shall be paid the maximum percentage of the Mayoral allowance of 25%, payable monthly or quarterly in arrears. 

The allowance will be calculated on a pro-rata basis for any Deputy Mayor who commences or ceases office during the month or quarter.  Upon commencement of office, the Deputy Mayor, for the purposes of budget development, will be requested to indicate whether it is their intention to claim a Deputy Mayor's allowance and their preferred payment schedule.  Nothing in the relevant legislation or this policy prevents the Deputy Mayor from changing their intention at any time.

 

The Deputy Mayor shall be permitted to use the City-owned vehicle provided to the Mayor during periods the Mayor is on leave and will have the same entitlements the Mayor has to use the City-owned vehicle for private use under the same conditions as set out in clause 3.2.2.

 

4.            APPLICATION OF THE POLICY

 

Any request for reimbursement in accordance with the relevant clauses of this policy must be accompanied by an original supplier receipt or other relevant documentation. 

 

Policy Background

 

Policy Reference No. - 001

Owner Unit – Governance

Originator – Director of Finance and Corporate Services

Policy approved by – Council

Date Approved – 27 August 2008

Review Frequency – As required

Related Documents –

Local Government Act 1995

Local Government Department Circular 9-2011

Local Government (Administration) Regulations 1996

Local Government Elected Council Members Determinations

 

Background/History - Initiated June 2008 to replace former policies:

                054/1 - Councillors' Travelling Expenses;

                055/1 - Attendance at Conferences, Training and Seminars;

                193 - Communications Allowances - Councillors;

212/1 - Vehicle for Use by Shire President and Councillors;

226 - Laptop Computers - Councillors and Officers;

227 - Printer Consumables.

 

Last Policy Change

 

Council Resolution

Date

Information

 

 

Adjustments of the Policy to reflect current practice and to allow the Mayor private use of vehicle.

C1608/200

10 August, 2016

Adjustments to state that fees and allowances to be determined in accordance with the relevant Local Government Elected Council Members Determination.

Version 8

 


Council

109

14 December 2016

10.3

Attachment a

Revised Policy 001 - Fees, Allowances and Expenses for Elected Members showing tracked changes

 


 


 


 


 


 


Council                                                                                      113                                                        14 December 2016

10.4           Policy and Legislation Committee - 17/11/2016 - CONSOLIDATED PARKING SCHEME AMENDMENT

SUBJECT INDEX:

Minor Parking Scheme Amendments

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

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:

Attachment a   Busselton Electric Vehicle Recharge Bay

Attachment b    Dunsborough Electric Vehicle Recharge Bay  

 

This item was considered by the Policy and Legislation Committee at its meeting on 17 November 2016, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The purpose of this report is to seek Council's endorsement of proposed amendments to the City’s Consolidated Parking Scheme, to –

 

1)      establish a parking area in the Busselton Foreshore car park,  outside the Signal Park public toilet block for the re-charging of electric vehicles; and

 

2)    establish a parking area on Dunn Bay Road, Dunsborough outside Lion’s Park for the re-charging of electric vehicles.

 

BACKGROUND

 

The City’s Consolidated Vehicle Parking Scheme (the Scheme) is periodically reviewed and amended from time to time, thereby ensuring that the Scheme remains current. The most recent changes to the Scheme were endorsed by Council in July 2016.

 

The following are proposed as amendments to the Scheme:

 

1.    Designated vehicle parking stall - Busselton Foreshore car park

 

The City of Busselton in association with the Royal Automobile Club of Western Australia (RACWA) has established an Electric Vehicle Charging Station on the Busselton Foreshore outside the Signal Park public toilet block.  The parking stall is for the sole use of electric vehicles whilst charging.

 

2.    Designated vehicle parking stalls –Dunn Bay Road

 

The City of Busselton in association with the RACWA has established 2 Electric Vehicle Charging Station on Dunn Bay Road, Dunsborough outside Lion’s Park.  The parking stalls are for the sole use of electric vehicles whilst charging.

 

STATUTORY ENVIRONMENT

 

The City designates parking and traffic restrictions under the powers of the Parking Local Law 2011 (the Local Law). The designation of parking stalls, stations and areas occurs under Part 2 of the Local Law, and the Consolidated Vehicle Parking Scheme (a large series of plans identifying the location and type of parking restrictions in detail) is adopted pursuant to Part 2 as a means to identify these designations. Designations are given practical effect through on-ground signage and line marking, as well as the issue of local public notice as required by the Local Law.

 

Where the Council makes a determination to establish or amend a parking stall, parking stations and parking areas under Parking Local Law 2011, the CEO must give local public notice of, and erect signs to give effect to, the determination.

 

RELEVANT PLANS AND POLICIES

 

Local Planning Policy 8A: Car Parking Provisions outlines the requirements for the provision of vehicle parking facilities associated with development, which includes consideration of special purpose parking dependent on the nature of the development and includes minimum provision of taxi pick-up bays, motorcycle bays and bicycle parking facilities.

 

FINANCIAL IMPLICATIONS

 

Resources required for implementation of the local law, that is to mark parking bays and or zones with paint and installing signs on posts, are provided for within the City’s overall operational budget and can be achieved without any effect on other operational areas.

 

Long-term Financial Plan Implications

 

There are no long-term financial implications associated with this matter.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendation of this report reflects Community Objective 2.2 of the Strategic Community Plan 2013, which is; “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. 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

Public Health and Reputational Risk – inadequate vehicle parking control affecting pedestrian safety.

Implementation of parking management.

Minor

Possible

Medium

 

CONSULTATION

 

In preparing this report City staff  have consulted with the RACWA. There has also been consultation with other local governments and with WALGA.

 

OFFICER COMMENT

 

The RACWA has established the Electric Highway which features 12 locations in Perth and throughout the South West with publicly accessible electric vehicle fast-charging DC stations.  The RAC Electric Highway® charging stations have been funded by RAC but are owned and maintained by local governments in the region.  The RAC Electric Highway® has increased the 'sustainable mobility' options in WA, increasing the appeal of electric vehicles is also helping to reduce carbon dioxide (CO2) emissions.

The parking stalls are for the sole use of electric vehicles whilst charging, there is no time limitation on the use of the parking stall apart from the fact the vehicle must be recharging while using the parking stall.

 

Particularly in Dunsborough, there have been issues with the bays being used for general parking and not available for electric vehicle re-charging, thereby undermining the value of the infrastructure. Whilst it is anticipated that there will be a further focus on education as a means to avoid that problem, it is seen as appropriate to provide the fallback and support of enforcement where education alone does not achieve an adequate outcome.

 

CONCLUSION

 

It is recommended that the Council adopt the officer recommendation and amend the Consolidated Parking Scheme.

 

OPTIONS

 

Council may resolve not to support the Officer recommendation to designate additional parking bays and no parking/no parking areas as proposed or may amend the proposal.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Where the Council makes a determination to establish or amend a parking stall, parking stations and parking areas under the Parking Local Law 2011, the CEO must give local public notice of, and erect signs to give effect to, the determination. Subject to Council endorsement of the officer recommendation local public notice will be advertised and appropriate signage erected prior to 20 December 2016.

 

OFFICER RECOMMENDATION

 

That the Council determines pursuant to the City of Busselton Parking Local Law 2011, changes to the  Consolidated Parking Scheme to include -

 

1.    A parking stall within the Busselton Foreshore outside the Signal Park public toilet block for sole use by electric vehicles whilst re-charging (Attachment A); and

 

2.    Two parking stalls on Dunn Bay Road, Dunsborough outside Lion’s Park for the re-charging of electric vehicles (Attachment B);

 

3.    Gives notice of that determination as required by the City of Busselton Parking Local Law 2011.

 

Note:                 The Committee proposed a Recommendation that would include a point 4 requesting a report to Council detailing the usage of the electric vehicle parking bays in Dunsborough.

 

COMMITTEE RECOMMENDATION

 

That the Council determines pursuant to the City of Busselton Parking Local Law 2011, changes to the  Consolidated Parking Scheme to include -

 

1.    A parking stall within the Busselton Foreshore outside the Signal Park public toilet block for sole use by electric vehicles whilst re-charging (Attachment A); and

 

2.    Two parking stalls on Dunn Bay Road, Dunsborough outside Lion’s Park for the re-charging of electric vehicles (Attachment B);

 

3.    Gives notice of that determination as required by the City of Busselton Parking Local Law 2011.

 

4.    That a report be brought to Council in approximately 6 months detailing the statistical usage of the electric vehicle parking bays in Dunsborough and the viability of relocating the electric vehicle parking bays to another location.

 


Council

114

14 December 2016

10.4

Attachment a

Busselton Electric Vehicle Recharge Bay

 


Council

115

14 December 2016

10.4

Attachment b

Dunsborough Electric Vehicle Recharge Bay

 


Council                                                                                      122                                                        14 December 2016

10.5           Policy and Legislation Committee - 17/11/2016 - BUSSELTON AND DUNSBOROUGH CENTRES FACADE REFURBISHMENT SUBSIDY PROGRAM

SUBJECT INDEX:

Busselton and Dunsborough Centres Facade Refurbishment Subsidy Program

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:

Development Services and Policy

REPORTING OFFICER:

Manager, Development Services and Policy - Anthony Rowe

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Busselton and Dunsborogh Centres Facade Refurbishment Subsidy - annotated changes  

 

This item was considered by the Policy and Legislation Committee at its meeting on 17 November 2016, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The Busselton and Dunsborough Centres Facade Refurbishment Subsidy Program has been in operation since 13 March 2014.

 

This report has reviewed the operation of the Program over this time and recommends changes to the eligibility criteria to better align outcomes with the Program’s Objectives.

 

Specific changes are recommended to the eligibility criteria in the Program to enable grants to be available for preliminary design work and also for works associated with facilitating Alfresco development.

 

BACKGROUND

 

Council’s consideration is requested to review the eligibility criteria for businesses applying to receive funding from the Busselton and Dunsborough Centres Facade Refurbishment Subsidy Program.

 

Council resolved on 13 March 2014 to allocate $50,000 towards the Program annually.  Initially the Program applied only to Prince Street and Queen Street in Busselton.  The Council subsequently resolved to include parts of the Dunsborough Town Centre to support the Town Centre Conceptual Plan.

 

The objectives of the Program for both Busselton and Dunsborough are;

·    Beautify the Centres by improving the streetscape, which will in turn provide benefits to the broader community by making places more attractive, including for business and investment;

·    Improve the experience of pedestrians to encourage more people to live, work, play and do business in the Centres;

·    Reinforce and build upon the Centres as the major retail, social and cultural hub of the City of Busselton and broader region;

·    Enhance the physical quality and established character of the Centres’ built environments through sensitive and innovative design of buildings and spaces; and

·    Supporting building owners and business operators to improve the public impression of their buildings and businesses respectively.

The Program is has involved bi-annual requests for expressions of interest (1st quarter and 3rd quarter).  Promotion consists of a letter sent to business owners as well as officers attending each business to generate awareness of the Program.  This is to reach both the owner and the operator.

The results from the Program, by dates of determination, are summarised as follows:

·    20 November 2014 - 1 application received and approved in Busselton - $6,620.

·    28 May 2015 - 3 applications received, 1 approved in Busselton for $5,173, 2 declined in Dunsborough - 1 uncertainty of tenure and the other considered to be general maintenance.

·    19 November 2015 – 1 application received in Busselton for preliminary feedback only. Application proposed to extend verandah over foot path.  Concept supported but a relatively underwhelming design, architectural improvements requested.

·    May 2016 – no applications

·    21 July 2016 – 3 applications received, 1 received and declined in Dunsborough as same proposal as previously declined, 2 in Busselton, 1 declined due to the relatively underwhelming design, 1 approved to provide for a façade upgrade improving view of the street and interaction with the streetscape for $6,208.

 

STATUTORY ENVIRONMENT

 

The Program and application for subsidy funding is consistent with the Local Government Act 1995 and the Local Government (Functions and General) Regulations 1996.

 

RELEVANT PLANS AND POLICIES

 

Busselton and Dunsborough Centres Facade Refurbishment Subsidy Program

 

The Program provides incentives in the form of grants to landowners within the Busselton City and Dunsborough Town Centre to undertake works to improve/upgrade the appearance of their buildings’ façade (Attachment A).

 

Works currently eligible for grant funding are:

·    Restoration of exterior finishes;

·    Repainting of building façade and windows (does not include works that can be considered as general maintenance);

·    Removal of opaque roller shutters/security grilles to be replaced with more appropriate transparent or inset behind shop display roller shutters;

·    Works required, as a result of a building permit and compliance with disabled access in accordance with the Building Act 2011 and Building Regulations 2012;

·    The modification or creation of windows which will provide interaction with the streetscape;

·    Properties adjoining a laneway may apply for upgrade works for the visible portion from the streetscape; however these works are to complement façade works fronting the endorsed project area;

·    Under awning lighting (excluding illuminated signage);

·    Skinning of existing awning structure and fascia with new material; and

·    Repair or replace awning structure

·    Ineligible works include

·    Infrastructure associated with alfresco areas

·    Preliminary design work to complete application

 

The City provides successful applicants grants of up to 50% of the agreed project cost (ex GST) above $5,000.00, up to a maximum grant of $20,000.00 per building. Grants are only available to projects with a minimum total value of $10,000 (ex GST).

 

Busselton Local Commercial Planning Strategy (LCPS)

 

The LCPS is a strategic document which provides an analysis of existing commercial centres and provides recommendations for the future of commercial centres in the City of Busselton. The strategy provides a commercial hierarchy which identifies Busselton as a ‘Regional’ Centre and Dunsborough as a ‘District’ centre. 

 

FINANCIAL IMPLICATIONS

 

The current annual budget for the Subsidy Program is $50,000 and offered through two rounds per year.  No change is proposed to this arrangement.

 

STRATEGIC COMMUNITY OBJECTIVES

 

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

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk assessment framework, and no risks were identified where the residual risk, once controls are considered, is medium or greater.

 

CONSULTATION

 

There is no statutory requirement for public consultation.

 

OFFICER COMMENT

 

An outset consideration of the Program was not to seek a homogeneous design outcome.  As an example the City has not directed that everything should be of a Victorian architectural vernacular and that consequently only this form would be subject to funding.  Instead the City has pursued a variety of form, distinctive buildings and individuality.

 

Since the Program has been operational, there have been 8 applications and only 3 approved. Arguably, only the last approved in Busselton clearly reflected the intent of the program and has resulted in a successful outcome (i.e. the upgrade of the premises where Al Forno have established on Queen Street). In terms of both quality and quantity, the response so far has been somewhat disappointing. 

 

What is missing is encouraging the investment to create the upfront design direction (instead of a provided one) and for each business to follow a process of imagination, design, a business case, and agreement.

 

In practice there needs to be agreement between the tenant and the landlord for change to occur, and importantly a business case.  This is a significant impasse.  The owner will often seek to maintain flexibility for prospective tenants and this simply results in neatening/maintenance of the current arrangement. However community expectations, competition (i.e. the West Street development) , and successful examples now emerging in the centres are creating a pressure for change and this is likely to intensify in the next few years.

 

The arrangements between owners and tenants can vary.  Franchises for instance have particular designs that are negotiated with the owner, sometimes provided by the tenant but sometimes by the owner to secure the tenant.  Whichever, it relies on agreement between the parties around a business case.

 

Motivating design to reach agreement between the landowner and the tenant and then the business case is therefore the first step and fundamental to arriving at outcomes that are not “more of the same”.

 

Impediments in the current Program

 

Notable ineligible works listed in the Program at 4.2.2 include:

·    Preliminary design work to complete application.

·    Infrastructure associated with alfresco areas.

 

It is contended that to achieve the objectives of the Program it is these ineligible criteria that should in fact be supported and promoted.

 

In terms of meeting the Objectives of the Program, including to “Beautify the Centres by improving the streetscape”, there are two general development options.  One is to improve the face of the building, including any verandahs or awnings, and the other is introducing elements forward of the building face that distract attention from it.

 

In key areas, the City provides the opportunity to displace an on street carparking space in favour of creating an alfresco area; this provides space in front of the building.  In many rejuvenated high streets (throughout Australia), alfresco dining has been introduced to provide activation and the canopies over the alfresco seating provide the notable form, displacing the appearance of the verandah or awning.

 

Most Australian examples of rejuvenated high streets have tended to use ubiquitous white awnings, whereas European examples use individualised awnings to distinguish one business from another.  The European approach is consistent with the Program objectives for individualism, but again requires a design thought, and should be an integrated approach to the facade treatment.

 

Any removal of a parking space will be a partnership with the City.  Consideration in this partnership would be timing, costings, integrity of pedestrian surfaces and free movement, street drainage and protection from vehicles.  The design of the awning, its structure, the tables and chairs, planters, heaters, blinds and items contributing to the ambience of the space would be within the preliminary design.  That design would then be the basis of consideration in the partnership and works that may be applied for separately. 

 

Recommended Changes

 

It is recommended that the Program be amended by the addition of the following points to the eligible criteria described in clause 4.2.1

·    Preliminary design work consistent with the Program Objectives; and

·    Infrastructure associated with alfresco dining areas, including canopies, furniture, bollards and windscreens, as part of an integrated design proposal consistent with the Program Objectives.

 

Clause 4.2.2, ineligible criteria, is also proposed to be amended to reflect the above.

 

Resolving the confusion with General Maintenance

 

General Maintenance is identified as an ineligible item but is confused with the eligible criteria in described clause 4.2.1

 

“restoration of exterior finishes” and

“Repainting of building façade and windows (does not include works that can be considered as general maintenance)”

The circumstance where simply repainting a building façade or windows would not constitute maintenance is not likely.

 

This criteria should be removed from the eligible criteria to avoid confusion.

 

Grant funding

 

It is recommended that grant funding be available to design works separately to the works.  That applicant can apply for the full grant amount on the Preliminary design works and again for the full grant amount on the works.

 

City approval is to first be obtained to the scope of works, to be consistent with the Program Objectives.  The City will also agree prior to the commissioning of the work and agreed grant sum.  The design work must be prepared by a registered Architect and the grant sum agreed is to be paid pending satisfactory completion of the scope of work to a professional standard.

 

The current works threshold is a minimum $10,000, with the City providing 50% up to a maximum of $20,000.   This is considered too high for Preliminary Design work.  It is recommend the threshold for Preliminary design work be reduced to a minimum threshold of $2,000, with the City providing 50% up to a maximum of $5,000.

 

The scope of works is expected to be agreed with the City through an iterative process.  In order to facilitate and be responsive to these negotiations it is recommended that grants for design work can be applied for at any time, and be determined by the CEO.

 

Anticipated effect of changes

 

It is anticipated that the changes somewhat increase the level of the uptake of the Program.  The main expected benefit of the change, though, is to improve the quality of the application/outcomes to achieve the Program Objectives.  The grant funds for actual works are available on a ranked basis up to a maximum amount of $20,000, in two rounds.  No change to the present allocation is expected. 

 

CONCLUSION

 

The Busselton and Dunsborough Centres Façade Refurbishment Subsidy Program is not achieving either the quality or quantity of the application/outcomes as intended by the objective to “Beautify the Centres by improving the streetscape”, due to a lack of an upfront design direction. 

 

This is not to suggest that pursuit of a variety of form, distinctive buildings and individuality is wrong but the process the Program inadvertently encourages requires a new orientation.

 

The current Program eligibility requirements are contrary to this approach because they exclude preliminary design work and infrastructure associated with alfresco areas (likely to be a significant contributor to the Program objective).

 

These items should be removed from the ineligible criteria and instead promoted for favourable consideration, subject to City agreement to the scope of works, before commissioning the design.  In addition eligible criteria that can be determined as routine maintenance should be removed.

 

The intent of these changes is to improve the quality of the application/outcomes to achieve the Program Objectives.

 

It was expected, at the outset of the Program, that it will take time to build awareness of the Program and it is subject to being available when the business is motivated to use it.  It is important therefore that the longevity of the Program be maintained, it is expected that economic pressures in the near term (next few years) will be reason for many businesses to consider it.

 

OPTIONS

 

1.    Make no change to the current Program.

 

2.    Make different and/or additional changes to the Program.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should Council support the officer recommendation, the Façade Subsidy Program will be updated on the City website within 3 weeks.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council resolve:

 

1.    To amend the eligibility criteria of the Busselton City Centre Façade Subsidy Program by

 

1.1          Deleting under - 4.2.1     Eligible Works

 

the words:

 

·      Restoration of exterior finishes;

·      Repainting of building façade and windows (does not include works that can be considered as general maintenance);

 

                1.2          Inserting under - 4.2.1    Eligible Works

                the words:

·      Preliminary design work consistent with the Program Objectives;

·      Infrastructure associated with alfresco areas, including canopies, furniture, bollards and windscreens, as part of an integrated design proposal consistent with the Program Objectives;

·      Works consistent with a City approved Preliminary Design;

 

1.3          Deleting under - 4.2.2     Ineligible works

the words:

·      Preliminary design work to complete application;

·      Infrastructure associated with alfresco areas. Applicants should be aware that alfresco areas may be permitted in existing car parking spaces subject to planning approval (Whilst applications for new alfresco areas will not be considered for grant funding within this program, applicants are encouraged to discuss any future ideas with the City, which may be able to be included within the capital works program or future plans for the streetscape).

 

1.4          Inserting under - 4.3        Implementation of successful grant applications

the words:

 

1.      Applicant should consult with the City prior to determining the scope of work.

2.      A scope of the work, for commissioning the design work will be submitted to the City including costs.  Only design work prepared by a Registered Architect is acceptable.

3.      Subject to gaining the City’s agreement on the scope of work and the agreed grant sum the applicant is to complete the design works.

4.      Applicant to submit the design work tax invoice to the City of Busselton for agreed grant sum.

5.      Subject to the scope of works being achieved, and the work prepared to a professional quality, the City will pay the agreed grant sum.

 

1.5          Inserting under - 6.0 GRANT FUNDING

 

the words:

 

Applications for Preliminary Design works and applications for works will be determined as separate grant applications, each to the maximum grant available. 

 

Preliminary Design

The City will provide successful applicants a grant of up to 50% of the agreed scope of works cost (ex GST) up to a maximum grant of $5,000.00.

Grants are only available to an agreed scope of work with a minimum total value of $2,000 (ex GST).

 


Council

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10.5

Attachment a

Busselton and Dunsborogh Centres Facade Refurbishment Subsidy - annotated changes

 


 


 


 


 


 


 

 


Council                                                                                      134                                                        14 December 2016

11.             Planning and Development Services Report

11.1           AMENDMENT 23 TO LOCAL PLANNING SCHEME 21 - INTRODUCING THE RESIDENTIAL ZONE TO UNZONED PORTIONS OF 'PART LOT' 9507 LAYMAN ROAD, GEOGRAPHE - FOR FINAL ADOPTION

SUBJECT INDEX:

Local Planning Scheme

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 Services

ACTIVITY UNIT:

Strategic Planning and Development

REPORTING OFFICER:

Strategic Planner - Nick Edwards

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Subject Land and Location Context

Attachment b    Existing and Proposed Zoning Diagrams

Attachment c    Port Geographe Development Plan

Attachment d   Draft Subdivision Layout

Attachment e    Schedule of Submissions  

  

PRÉCIS

 

Council is requested to consider adopting for final approval an Amendment to Local Planning Scheme No.21 (LPS21) by introducing a ‘Residential’ zoning over part of the unzoned portions of Pt Lot 9507 Layman Road, Geographe (Attachment A), adjusting the boundaries of the currently applicable residential density codes (‘R20’ and ‘R30’) and modifying the boundaries of two ‘Recreation Reserves’ to reflect a recent subdivision application over the land (Attachment B).

 

The proposal is considered to be a straightforward rationalisation of existing zoning, constituting a ‘standard’ amendment. It will allow the landowner to consider improved alternative design options for the next stage of subdivision and development in the ‘Port Geographe Development Plan’ (Attachment C).

 

The Amendment will not ‘lock in’ an alternative road layout or subdivision design, but will simply enable both the City and the Department of Planning the flexibility to consider options for the next stage of development of the Port Geographe Development Area (an example such as Attachment D)

 

The Amendment was advertised between 5 October and 16 November 2016 (42 days) and received seven submissions (Attachment E), including four objections from private residents. The concerns raised in the submissions appear to reflect, for the most part, misunderstandings as to the actual nature of the proposal.

 

City officers recommend that Council adopts the Amendment for final approval before referring it to WAPC for its consideration.

 

BACKGROUND

 

Located in the south-western part of the Port Geographe Development Area, Lot 9507 Layman Road contains the undeveloped balance of the Port Geographe Estate. This proposal applies to approximately 5 hectares of land (Pt Lot 9507) at the western area of the estate, near the intersection of Layman Road with Navigation Way. Land to the east and south contains the Vasse Estuary, public reserves and agricultural land with high landscape quality.

 

The majority of the land the subject of this proposal is identified within “No Zone” under the City of Busselton Local Planning Scheme No. 21 (LPS21), whilst a small sliver of affected land abutting Navigation Way is currently zoned “Residential” with a residential density coding of “R20”.

Lot 9507 is included within the ‘Port Geographe Development Area’, a Special Control Area within which subdivision and development of the land has been guided and coordinated by the endorsed Port Geographe Development Plan (PGDP).

Part 6.9 of LPS21 identifies a number of development requirements specific to this area. Lot 9507 is also identified in Schedule 15 of LPS21 as being within Development Contribution Area No. 1, requiring the payment of a per lot/dwelling contribution towards the provision of community infrastructure. It should also be noted, though, that separate developer contributions arrangements apply to this land, by virtue of the Port Geographe Development Deed.

This Amendment proposal does not involve substantive modifications to any of the above, simply removal of the ‘unzoned’ (and redundant) road network, so as to provide the new landowner/developer with the flexibility to propose an updated structure plan and subdivision layout that better reflects the requirements of the current market and addresses land use efficiency requirements of the State Government.

 

STATUTORY ENVIRONMENT

 

City of Busselton Local Planning Scheme No.21 (LPS21)

 

The PGDA, which contains the subject land, is recognised within the LPS21 and coordinates the three development guiding documents, the PGDP, the Port Geographe Landscape Master Plan and the Port Geographe Village Centre Precinct Plan. These documents have previously been approved by the Council and endorsed by the WAPC.

 

RELEVANT PLANS AND POLICIES

 

The policies that are relevant to this proposal are the;

·    City of Busselton Local Planning Strategy (2013);

·    Port Geographe Development Plan (2005).

 

City of Busselton DRAFT Local Planning Strategy (2013)

 

The City’s Local Planning Strategy (LPS) was adopted by Council on 14 September 2016 and includes the subject land as an ongoing urban development. It is expected to provide a mix of residential, commercial and recreation opportunities principally guided by a modified Structure Plan.

 

Port Geographe Development Plan (2005)

 

The endorsed PGDP can be considered as a ‘Structure Plan’ for this site as it identifies the intended development pattern.  The majority of the subject land is identified for ‘Residential Development’ at an ‘R20’ development density with ‘R30’ land to the east, adjacent to the future recreation reserve.

 

FINANCIAL IMPLICATIONS

 

There are considered to be no financial implications arising from this proposal.

 

Long-term Financial Plan Implications

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Officer Recommendation is consistent with Community Objective 2.2 of the City’s Strategic Community Plan 2013, which is – “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 the Officer Recommendation has been undertaken using the City’s risk assessment framework. The implementation of the Officer Recommendation will involve amending the existing maps which forms part of the LPS21. No significant risks have been identified.

 

CONSULTATION

 

Discussions between the landowner, Department of Planning (DOP) and City Officers have clarified the management and ongoing development of the Port Geographe Estate precinct.

 

The Amendment was advertised for 42 days during October and November 2016 and seven submissions came from referral agencies and private residents. A Schedule of Submissions is provided as Attachment E.

 

Objections to the proposal were from private residents and were not specifically concerned with the Amendment outcomes but raised concerns about the broader development impacts within the PGDA. Since the submissions were not specifically concerned with the rezoning of the roads and reserves, it is considered that the majority of issues within the submissions would be more appropriately addressed when any significant changes to the PGDP are proposed.

 

Should Council resolve to adopt this Amendment for Final Approval, formal documentation will be prepared and submitted to the Western Australian Planning Commission for endorsement in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015.

 

OFFICER COMMENT

 

The proposed rezoning within the subject land will facilitate residential subdivision and modify recreation reserves. The intent and proposed design of this site is consistent with the PGDP without needing to amend the existing conditions. The landowner has indicated that the PGDP (Structure Plan) will be reviewed and modified in relation to the undeveloped balance of Lot 9507 Layman Road, but this will form a separate planning proposal.

 

The removal of the existing unzoned and redundant road network does not require substantive modifications to any guiding documents, nor will it necessitate any additional technical studies beyond those normally required as part of subdivision consideration.

 

The proposed residential zones placed over the ‘No Zone’ road ways are consistent with the surrounding development pattern. The ‘R20’ and ‘R30’ densities extend the existing zones on the land and improve the access of bordering lots to the enlarged recreation reserve, resulting in increases residential amenity and passive surveillance of the open space.

 

The increase of the smaller Recreation Reserve to the north will improve the drainage capacity for the proposed subdivision and provide more open space for public use.

 

CONCLUSION

 

The proposed Amendment seeks to rezone a relatively small (5 hectare) area of Lot 9507, to create a more flexible zoning arrangement that will allow both the City and the WAPC to consider immediate improvements to the layout and land use efficiency of the most immediately developable portion of Port Geographe Estate. 

 

The Amendment is an opportunity to resume development within the PGDA which has stalled in recent years. By applying a zone to the road ways in part of Lot 9507, it will allow both the City and WAPC flexibility to consider alternative subdivision designs within the PGDA.

 

The subject land is identified for development and the effect of increasing the recreation reserves and applying the zones to the road ways is considered to have a minor impact.

 

The proposed changes will allow the consideration of alternative designs and any further changes including subdivision development, further approval will be required. The proposal complements the established planning framework without proposing any significant departures from its intent.

 

OPTIONS

 

Should the Council not support the Officer Recommendation the Council could instead resolve –

 

1.            To decline the final approval of the Amendment (and provide a reason for such a decision). It should be noted that under the relevant legislation there is no right of appeal against a Council decision to not approve an amendment.

 

2.            To seek further information before making a decision.

 

3.            To adopt the Amendment subject to further identified modification(s) as required.

 

There are no substantive issues or reasonable grounds that would support any of these options.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Following Council’s Final Adoption of the Amendment it will be referred to the WAPC for endorsement within one month of the resolution. Documents to be sent include the submissions, Agenda Report, all relevant attachments and the Council Resolution.

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.      Pursuant to Part V of the Planning and Development Act 2005, adopts Amendment No. 23 to the City of Busselton Local Planning Scheme No. 21 for final approval for the purposes of:

 

a.          Introducing the ‘Residential’ Zone over unzoned portions of subject Pt Lot 9507 Layman Road, Geographe;

 

b.          Applying the ‘R20’ residential density coding to the unzoned areas of the land in line with the advertised Planning Scheme map;

 

c.          Applying ‘R30’ residential density coding to land in line with the advertised Planning Scheme map;

 

d.          Adjusting the boundary of the proposed ‘Recreation’ Reserve portion of Part Lot 9507 to align with the land use boundaries identified in the subdivision application for the subject land presented in Attachment B;

 

e.          Reclassifying a smaller part of Pt Lot 9507 adjacent to Navigation Way from ‘Residential’ use to a ‘Recreation’ Reserve; and,

 

f.           Amending all relevant Planning Scheme maps accordingly

 

2.      Advise the Western Australian Planning Commission that the proposed Amendment is considered as a ‘Standard’ amendment under the provisions of the Planning and Development (Local Planning Scheme) Regulations 2015;

 

3.      Pursuant to r.53 of the Planning and Development (Local Planning Schemes) Regulations 2015, resolves to endorse the Schedule of Submissions at Attachment E prepared in response to the public consultation undertaken in relation to Amendment No. 23.

 

4.      Upon preparation of the necessary documentation, refers the adopted Amendment 23 to the Western Australian Planning Commission for consideration according to the Planning and Development Act 2005.

 

5.      Pursuant to r.56 of the Planning and Development (Local Planning Schemes) Regulations 2015, should directions be given that modifications to draft Amendment No. 18 are required, these modifications are to be undertaken accordingly, on behalf of the Council, unless they are considered by Officers likely to significantly affect the purpose and intent of the draft Amendment, in which case the matter shall be formally referred back to the Council for assessment and determination.

 


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11.1

Attachment a

Subject Land and Location Context

 


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11.1

Attachment b

Existing and Proposed Zoning Diagrams

 


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11.1

Attachment c

Port Geographe Development Plan

 


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11.1

Attachment d

Draft Subdivision Layout

 


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11.1

Attachment e

Schedule of Submissions

 


 


 


Council                                                                                      151                                                        14 December 2016

11.2           APPLICATION FOR DEVELOPMENT APPROVAL FOR AN EXTRACTIVE INDUSTRY (SAND) AT LOT 1838 KALGUP ROAD AND LOTS 1842 AND 3982 ACTON PARK ROAD, KALGUP

SUBJECT INDEX:

Development/Planning Applications

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 - Stephanie Izzard

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Location Plan

Attachment b    Original Development Application Plans

Attachment c    Amended Development Application Plans

Attachment d   Schedule of Submissions

Attachment e    Dust Management Plan

Attachment f    Noise Management Plan

Attachment g   Proposed Haulage Route  

  

PRÉCIS

 

The Council is asked to consider a development (planning) application seeking approval for an Extractive Industry (Sand) across three lots, being Lot 1838 Kalgup Road and Lots 1842 and 3982 Acton Park Road, Kalgup (the sites).

 

The proposal has been placed before the Council due to the issues raised during consultation on the application and the level of community interest. It is noted that since the application was originally advertised the applicant has made several changes to the proposal including increasing the distance of the proposed extraction areas to a minimum distance of 300m from all existing neighbouring residential dwellings.

 

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

 

BACKGROUND

 

The City has received a development application for an Extractive Industry (Sand) across three lots, being Lot 1838 Kalgup Road and Lots 1842 and 3982 Acton Park Road, Kalgup (the sites). A location plan is provided at Attachment A.

 

The sites are bound by Yoongarillup Road to the north-east of Lot 3982, Acton Park Road to the east of Lots 3982 and 3842, Wells Road to the south of Lot 1842 and agricultural land to the west and north. The site is zoned “Agriculture” under the City of Busselton Local Planning Scheme No. 21 (the Scheme) and is located within Policy Area 3 under LPP 5A - Extractive Industries (LPP5A).

 

The application was advertised for public comment and was also referred to relevant agencies. Both public and agency referral submissions raised various issues and concerns with the proposal and these concerns were subsequently presented to the applicant for consideration and response prior to the City determining the application.

 

The initial application was for a total of 540,000m3 of sand to be removed from 45 hectares over 11 years. The applicant originally proposed extractive activities with a minimum separation distance of 180 metres to the closest existing residential dwelling. The original development application plans are provided at Attachment B. Under LPP 5A the extraction of sand and limestone may be located less than 500m but generally no closer than 300m from a sensitive land use, dependent upon the nature and scale of the operation and the content of a Dust and Noise Management plan.

 

Subsequent to the original application being advertised the applicant has amended the proposal to increase the setback of the extraction areas to be no closer than 300 metres from any existing residential dwelling. These changes reduced the size of the area to be extracted. The amount of sand proposed to be removed is thereby reduced to 492,000m3 from 41 hectares and the applicant has agreed to a five year timeframe which is the standard timeframe for extractive industry applications as prescribed under LPP5A, with the option to extend this timeframe through another development application after the initial 5 years. The amended development application, including a site plan, are provided at Attachment C.

 

Further assessment of the proposal against the requirements of the Policy is provided in the Officer Comment section of this report.

 

STATUTORY ENVIRONMENT

 

The key statutory environment is set out in the City of Busselton Local Planning Scheme No. 21 (‘the Scheme’), as modified by the Deemed provisions for local planning schemes set out in Schedule 2 of the Planning and Development Regulations 2015. The site is zoned “Agriculture” under the Scheme and within this zone “Extractive Industry” is an “A” land use and therefore the use is not permitted unless the local government has exercised its discretion by granting planning approval after giving public notice in accordance with clause 10.4 (clause 64 of Part 8 of the regulations).

 

RELEVANT PLANS AND POLICIES

 

The assessment of the proposed extractive industry is guided by a number of policies which relate to the zoning and proposed use of the land. The key policy implications are outlined below.

 

Local Rural Planning Strategy

Under the Local Rural Planning Strategy the site is located within the ‘primary rural’ precinct. Within this precinct basic raw material and mineral sand mining is a conditional land use. It is an economic objective of the precinct to retain the majority of area, especially low lying areas, for dairy/grazing. It is noted that the site is currently used for dairy cattle, and it is proposed that the site be returned to pasture upon the completion of the extractive activities.

 

Agricultural Zone - Objectives and Policies

The objectives and policies of the Agriculture zone relevant to this application are provided below:

 

Objectives

 

(a)           To conserve the productive potential of rural land.

(b)          To provide for new forms of agricultural development (including agro‐forestry), and changing patterns of existing agricultural development.

(d)          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 that such purposes will not detrimentally affect the amenity of any existing or proposed nearby development.

(i)            To encourage the development of cluster or communal farming.

(j)            To encourage sustainable farming practices.

(k)           To control the clearing of trees and encourage generally the retention of vegetation and vegetation corridors concomitant with the agricultural use of the land.

 

 

Policies

 

(a)          To permit land included within the zone and shown by close investigation in consultation with the Department of Agriculture and Food not to be prime agricultural land to be utilised for other purposes not incompatible with adjacent uses.

(f)           To implement and adhere to the adopted recommendations and outcomes of the Local Rural Planning Strategy adopted by the local government and endorsed by the

Commission.

 

Within the Agriculture zone “Extractive Industry” is a discretionary land use which requires advertising (“A”). The City is unable to control the location of the resource however it is considered that due to the temporary nature of sand extraction and the fact that the land is to be returned to pasture that the proposal is consistent with the policy and objectives of the zone.

 

Local Planning Policy 5A: Extractive Industries (LPP5A)

 

LPP 5A recognises that extractive industries have the potential for incompatibility with other land uses. Under this Policy the sites are located within Policy Area 3. In relation to this area the Policy states:

 

“Extractive industry proposals will need to comply with the same criteria, requirements and conditions as Policy Area 2. However, as Policy Area 3 is recognised as primarily an agricultural area, it is important to ensure the long-term protection of prime agricultural land. Extractive industry will be expected to be approved within Policy Area 3, where such operations can meet the requirements of these provisions and the Scheme.”

 

LPP 5A requires the advertising of all extractive industry proposals to involve advising to all landowners within a 1.0km of the site. Further assessment against the requirements of this Policy are provided within the Officer Comment section of this report.

 

FINANCIAL IMPLICATIONS

 

There are no significant financial implications to the City arising from the staff recommendation in this report.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendation of this report reflects Community Objective 5.2 of the Strategic Community Plan 2013, which is; “Growth is managed sustainably and our environment is protected and enhanced as we develop.”

 

RISK ASSESSMENT

 

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

 

CONSULTATION

 

Under Clause 10.4 of the Scheme (Clause 64 of Part 8 of the regulations) the local government is not to grant approval for an “A” land use unless notice is given in accordance with clause 10.4.3. In accordance with clause 10.4.3, as well as the requirements of Local Planning Policy 5A, the application was advertised to all surrounding landowners within a 1km radius of the sites. In addition a notice was placed in the local newspaper on 29 June 2016 as well as a notice being placed on the City’s website. The closing date for submissions was 21 days after the notice was printed in the local newspaper with referral sent to surrounding landowners a week prior to the notice being published.

 

Seven submissions from neighbouring or nearby residents were received on the proposal. A summary of the concerns raised in these submissions is provided below:

·    Concerns regarding proximity of extractive activities to nearby dwellings;

·    Concerns regarding proposed time frame (11 years);

·    Concerns regarding dust;

·    Concerns regarding noise, from both the site and trucks along the haulage route;

·    Concerns regarding proposed haulage route, including the haulage route being a school bus route; and

·    Concerns regarding water sources.

 

A schedule of submissions is provided at Attachment D.

 

Agency comment

 

Submissions were received from six referral agencies. A summary of these submissions is within Attachment D. A key issue identified was by Department of Water in relation to the proximity of the activities to the water table. Further information regarding this matter is within the officer comment section of this report.

 

OFFICER COMMENT

 

The City has assessed the application having regard to the objectives and policies of the “Agriculture” Zone, Local Planning Policy 5A - Extractive Industry and Clause 11.2 - Matters to be Considered of the Scheme (clause 67 of Part 8 of the regulations) .

 

Proximity to nearby dwellings

 

The original application proposed extractive activities 180 metres away from the nearest existing dwelling. Under LPP 5A “the extraction of sand and limestone may be located less than 500m but generally no closer than 300m from a sensitive land use dependent upon the nature and scale of the operation and the content of a Dust and Noise Management Plan including consideration of the requirement for dust and noise measuring equipment to be installed within the site for the duration of the extraction process.” These setback distances are consistent with the Environmental Protection Agency Guidance Statement 3 (2005) – Separation Distances Between Industrial and Sensitive Land Uses and the State Planning Policy 4.1 State Industrial Buffer (1997) which recommends a 300m – 500m minimum setback distance for extractive industries (limestone and sand) dependant on size, type and scale.

 

The applicant subsequently modified the development to increase the setback of the extractive activities to be no closer than 300m to any neighbouring dwelling. It is considered that the proposed separation distance is adequate to ensure that there is no significant or unacceptable impact upon adjoining dwellings in terms of noise and dust.

 

Dust management

The applicant submitted a Dust Management Plan with the development application. The Dust Management Plan details measured proposed to prevent dust impact on adjoining properties and includes, but is not limited to the following:

·    Topsoil stockpiles will be watered and stabilised as required. Stabilisation techniques that will be considered depending on environmental conditions will included hydro-mulching and/or seeding with cover crops such as (but not limited to) cereal rye.

·    Dust suppression agents (for the purpose of reducing water use) as required.

·    The area exposed and the time between extraction and rehabilitation will be minimised as far possible (maximum ~2 hectares open at any one time).

·    A dust complaint system and register will be put in place. This will included the erection of a notice at the site gate, providing contact details of the site manager. Any complaints will be recorded in a “complaints register” by the site manager and acted on promptly.

 

The proposed provisions for the suppression of dust are in keeping with practices undertaken at other sand extraction sites and it is considered that these are adequate to minimise the impact of dust from the extractive activities on nearby residences. Further to this, under LPP5A, and imposed by a condition of approval, a maximum of 2 ha is permitted to be open at any one time with rehabilitation to restore the sites back to pasture to be completed as new areas are extracted. The purpose of this requirement is to ensure that timely rehabilitation is completed which minimises the amount of area exposed and therefore reduces the risk of dust affecting nearby residences. An annual report is required to be submitted by way of condition to ensure that the applicant complies with this requirement.

 

Due to the volume of material that is to be extracted a works approval from Department of Environment and Regulations will be required to be obtained. As part of this process the environmental acceptability of the proposal’s potential to cause emissions and discharges, including dust and noise, against standards and policies will be further reviewed.

 

The Dust Management Plan is provided at Attachment E.

 

Noise

The applicant submitted a Noise Management Plan as part of the development application. The Noise Management Plan details measures proposed to prevent noise impacting on adjoining properties and include, but is not limited to the following:

·    Topsoil stockpiles will be put in place around the perimeter of the working pit and will act as noise bunds.

·    Operating hours to be restricted to 7am - 6pm Monday to Friday (excluding public holidays).

·    Internal traffic routing will be optimised to reduce vehicle reversing requirements (to minimise noise associated with reversing alarms).

·    A noise complaint system will be put in place. This will included the erection of a notice at the site gate, providing contact details of the site manager. Any complaints will be recorded in a “complaints register” by the site manager and acted on promptly.

 

The activities on site will be required to comply with the Environmental Protection (Noise) Regulations 1997 and it is considered that the provisions of the Noise Management Plan are adequate at ensuring the development complies with the regulations.

 

Due to the volume of material that is to be extracted a works approval for Department of Environment and Regulations will be required to be obtained. As part of this process the environmental acceptability of the proposal’s potential to cause emissions and discharges, including dust and noise, against standards and policies will be further reviewed.

 

The Noise Management Plan is provided at Attachment F. 

 

Timeframe

The applicant originally proposed the life of the mine to be 11 years. Under LPP 5A the City may approve extractive industries for a maximum of 5 years. The applicant has advised that they agree to a 5 year time frame and will apply for an extension before the expiry of this approval if they have not extracted all of the resource. At this time the City can reassess the application to ensure that the extractive activities have complied with the imposed conditions and impose any further conditions as deemed necessary.

 

Haulage Route

Following the concerns raised during the advertising period of the application the applicant amended the haulage route to exclude Kalgup Road. It is therefore proposed that access to the site will be via Bussell Hwy or Sues Road to Vasse Hwy and then onto Acton Park Road. It is proposed to access the extraction area via an existing access way onto Acton Park Road. The standard of the roads along the proposed haulage route are considered to be appropriate.

 

It is noted that Acton Park Road adjacent to the property is a school bus route. The applicant has agreed that trucks will not enter/exit the property between school drop off and pick up times, which would be enforced via a condition of approval.

 

An aerial indicating the proposed haulage route is provided at Attachment G.

 

Water

Following the initial referral response from Department of Water further information was submitted by the applicant and a site visit was conducted with representatives from the City and Department of Water. A satisfactory solution was reached with the applicant to allow them to extract the sand from the portions of the lot with a lower risk of intercepting the water table. Before the remainder of the site is to be extracted further hydrological information, including the maximum seasonal water table levels, are to be provided to the City, to be enforced via a condition of approval. This data will ensure that the extractive activities allow a minimum 500mm separation distance between the maximum seasonal water table and the finished level of the site.

 

Whilst not currently in LPP5A the City has been looking into ways to better manage the ongoing performance of extractive industries and ensuring that the works comply with the conditions of the approval. The City is also looking at ways in which the cost of this ongoing monitoring will be borne more by the operator and less by the City and community/ratepayers. In doing this, the City has looked into the way in which other Councils with local laws that issue works approval, as well as the Department of Mines and Petroleum, undertake their monitoring of similar activities. It is considered that the best process is to require the operator to submit an annual report outlining the amount of area extracted, the amount of resource removed, the current area of the open pit and demonstrate compliance with all conditions of the approval. The City is currently looking at reviewing LPP5A to require annual reports for all extractive industries, but is already advising applicants/operators of this proposed change in approach.

 

CONCLUSION

 

The proposed development is considered to be consistent with the Policy and Objectives of the “Agriculture” zone, as well as the requirements of Local Planning Policy 5A - Extractive Industries, and  therefore it is recommended that the application be approved.

 

OPTIONS

 

The Council could:

 

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

2. Apply additional or different conditions.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

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

OFFICER RECOMMENDATION

 

That the Council resolve:

 

1.         That application DA16/0381 submitted for Extractive Industry (Sand) at Lot 1838 Kalgup Road and Lot 1842 & Lot 3982 Acton Park Road, Kalgup is considered by the Council to be consistent with Local Planning Scheme No. 21 and the objectives and policies of the zone within which it is located.

 

2.         That Development Approval is issued for the proposal referred to in 1. above subject to the following conditions:

 

General Conditions

 

1.         The development hereby approved is permitted to operate for five years from the date of this Decision Notice or until 492,000 cubic metres volume of material has been extracted, whichever is sooner.  The site shall be rehabilitated in accordance with an approved Rehabilitation Plan by the expiry date of this development approval.

 

2.         The development hereby approved shall be undertaken in accordance with the signed and stamped, Approved Development Plans and Approved Management Plans and except as may be modified by the following conditions.

 

Prior to Commencement of Any Works Conditions:

 

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

 

3.1       Details of road signage to be erected along the transport route.  The installation of the signs shall completed by the City of Busselton for which fees are payable. Signage shall include signs on both approaches to the pit along Acton Park Road 100m from the access.

 

3.2       Details validating the water supply available for dust suppression to implement the approved dust management plan.

 

3.3       Details of the proposed crossover location for the site. The location of the crossover shall be agreed to with the City and shall ensure that adequate sightlines are achieved.

 

4.         Extraction from cells B, D, E and F shall not commence until the following plans or details have been submitted to the City and approval has been given from the City in writing:

 

4.1      Assessment of the maximum seasonal ground water levels and confirmation that the extractive activities will not come within 500mm of the maximum seasonal ground water level.

 

5.         The development hereby approved, or any works required to implement the development, are subject to the following bonds (accompanied by an executed legal agreement with the City at the full cost of the owner) which shall be paid to the City within 2 months of the date of this development approval:

 

5.1      A road maintenance bond of $40,000.00 in the form of an unconditional bank guarantee to ensure that the surrounding road network is maintained to the satisfaction of the City for the term of the extractive industry.  Those portions of public roads affected by the activities related to the approval shall be maintained to a standard acceptable to the City at cost to the applicant; such bond may be utilised for road maintenance purposes where necessary as a result of the operation. The bond shall be accompanied by an executed legal agreement with the City at the full cost of the owner.

 

5.2       A dust bond to the value of $5,000, which shall be held against satisfactory compliance with Condition 7.11 of this approval.

 

5.3       A rehabilitation bond to the value of $20,000, which shall be held against satisfactory compliance with Condition 7.6 and 7.14 of this approval.

 

5.4       Further to conditions 5.1, 5.2 and 5.3, the bonds are to be accompanied by an executed legal agreement with the City at the full cost of the owner. The legal agreement shall include:

 

(i)        The ability for the City to be able to use the bond, or part of the bond as appropriate, and any costs to the City including administrative costs of completing or rectifying any outstanding works on site in accordance with  the conditions of this development approval and any further costs.

 

(ii)       Written authorisation from the owner of the land that the City may enter the site at any time and permit the City to complete or rectify any outstanding work to the satisfaction of the City.

 

Prior to Occupation/Use of the Development Conditions:

6.         The development hereby approved shall not be occupied, or used, until all plans, details or  been complied with:

 

6.1       A crossover to be constructed to a sealed and drained standard to the specifications and satisfaction of the City.

 

On-Going Conditions:

7.         The works undertaken to satisfy Conditions 1 - 6 (inclusive) shall be subsequently maintained for the life of the development including, and in addition to, the following conditions:

 

7.1       The development hereby approved shall be limited to: the extraction of sand from the site; screening of material; associated drainage works; and rehabilitation works.  At no time shall any processing, crushing or blasting works be carried out.

 

7.2       Notwithstanding Condition 7.1 above, working hours within the pit area and transportation of materials shall be restricted to the hours between: 7.00am and 6.00pm Mondays to Fridays; 7.00am and 1.00pm Saturdays for rehabilitation works only; and at no time on Sundays or public holidays.

 

7.3       The designated haulage route will be northwards along Acton Park Road, Westward onto Vasse Highway then onto to Busselton Bypass and/or northwards along Acton Park Road, eastward onto Vasse Highway then onto Sues Road.

 

7.4       Trucks are not to operate on Monday to Friday between the hours of 7.30am and 9.00am and between 3.00pm and 4.30pm on any given school day on a school bus route, or between other times as agreed in writing between the applicant and the local government.

7.5       A maximum number of 50 truck movements (i.e. 50 trucks entering and 50 trucks exiting the site) shall be permitted on the operating days and times as permitted per Condition 7.2 and 7.4. 

 

7.6       No more than 2 hectares shall be worked at any one time; this area shall then be rehabilitated in accordance with the approved details pursuant to Condition 2 concurrently with the extraction of the following 2 hectare area.

 

7.7       The lowest level of excavation shall always be a minimum of at least 500mm above the maximum water table level and no dewatering works are to be undertaken. The City is to be notified within 24 hours if the water table is intercepted.

 

7.8       Further to condition 7.7, the final land surface (after rehabilitation for pasture) should be 0.5 metres above the maximum seasonal groundwater.

 

7.9       The following minimum setback from extractive activities shall be achieved at all times;

i.    20 metres to all boundaries;

ii.   300 metres to all dwellings on neighbouring properties; and

 

7.10    All operations related to the extractive industry shall be carried out in accordance with the approved Dieback Management Plan, including any notes placed thereon in red by the City.

 

7.11    The approved Noise Management Plan shall be implemented and carried out in accordance with the approval details.

 

7.12    The approved Dust Management Plan shall be implemented and carried out in accordance with the approval details.

 

7.13    The approved Drainage Management Plan shall be implemented and carried out in accordance with the approved details.

 

7.14    The approved Rehabilitation Management Plan shall be implemented and carried out in accordance with the approved details.

 

7.15    The applicant must submit with the City annually within 3 (three) months of the anniversary of this approval a report detailing the following:

(a) A survey conducted by a licenced surveyor certifying :

(i) The extent/size and location of the area which has been extracted;

(ii) The extent/size and location of the area which has been rehabilitated;

(iii) The extent/size and location of the area which is currently under operation;

(b) Details as to which conditions of this development approval have been complied with and how this has been achieved; and

(c) Details as to which conditions of this development approval have not been complied with and the reasons for such non-compliance (“Compliance Report”).

 

7.16    The City may request the applicant to provide further information in relation to the Compliance Report or any aspect of the operations under this approval.

 

7.17    Should the applicant fail to submit the Compliance Report in accordance with condition 7.15 or should the applicant fail to provide the City within a reasonable time with further information in accordance with Condition 7.16 then the City, may by notice to the applicant, require from the applicant to immediately cease works under this approval until such time as the required information has been provided.

7.18    Should, the City consider the applicant’s non-compliance as outlined in the Compliance Report to be material or the reasons for such non-compliance be unacceptable, then the City, may by notice to the applicant require from the applicant to immediately cease works under this approval until such time as:

(a) the applicant complies with the relevant conditions; or

(b) the City has approved a plan of action provided by the applicant setting out the strategy to address the non-compliance(s).

 


Council

152

14 December 2016

11.2

Attachment a

Location Plan

 


Council

157

14 December 2016

11.2

Attachment b

Original Development Application Plans

 


 


 


 


 


Council

162

14 December 2016

11.2

Attachment c

Amended Development Application Plans

 


 


 


 


 


Council

166

14 December 2016

11.2

Attachment d

Schedule of Submissions

 

 

No.

 

NAME & ADDRESS

NATURE OF SUBMISSION

OFFICER COMMENT

Agency Submissions

1

Main Roads

No objection

·      Identified bridge on Kalgup road has a width of 5.55m. The City might consider advance warning signage.

Noted.

Haulage route has been modified to exclude Kalgup Road therefore no longer applicable.

2

Department of Environment Regulation

No objection

·      The proposal falls under a prescribed premises under Part V of the Environmental Protection Regulation 1987 as the amount of material to be extracted exceeds the production capacity listed in Schedule 1 of the Regulations for a Category 12 - Screening, etc of material. Therefore a works approval from DER will be required. DER will assess the environmental acceptability of the proposals potential to cause emissions (including noise and dust).

·      Minimal risk to Acid Sulfate Soil as the target sand is positioned above the water table.

 

Noted - The City does not enforce this legislation however it is recommended that an advice note be included on the decision letter advising the applicant of their requirements to comply with the Environmental Protection Regulation 1987.

3

Department of Water

·      The extractive industry shall not intercept the water table.

·      Excavation is permitted only to a depth that is 0.3 metres higher than the maximum seasonal groundwater level.

·      Dewatering of the extraction area is not permitted without authorisation under the ‘Rights in Water and Irrigation Act 1914’ (RIWI Act)

·      DoW recommends that the proponent be required to prove that the proposed extractive industry activities will not intersect the watertable. This work should be completed using data from the nearby DoW bores (AWRC Ref: 61000066 & 61000065), particularly referencing the maximum seasonal groundwater levels, prior to any extractive industry licence being approved.

·      The proponent should prove and secure their water requirements, to ensure that there is sufficient water available to support the extractive activities.

·      Extraction and rehabilitation to be staged so that at any one time, no area greater than ~ 2 hectares is subject to active extraction.

 

Following the initial comments from DOW the applicant provided additional information and a site visit was held between representatives from the City as well as DOW and the applicant. An agreement was reached to allow the applicant to being extraction from the “high” areas located within cells A and D.

 

Before extraction in the remaining cells is to take place further information regarding the season water table levels is to be provided to ensure that a minimum separation of 500mm is maintained to the maximum high water table level.

4

Department of Parks and Wildlife

·      15m buffer between extractive activities and native tree crown drip zone

Noted - to be enforced via condition of approval.

5

Department of Mines and Petroleum

·      Proposed works are not subject to Mining Act 1978.

Noted.

6

Department of Agriculture and Food

No objection

·      Recommends a weed management plan be submitted.

Noted.

Public Submissions

7

Terry McGregor

833 Yoongarillup Road

Acton Park.

Objection

·      Concerns regarding proximity of activities (310m) to my house - minimal vegetation buffer to provide noise and visual barrier.

·      Concerns regarding timeframe of 11 years

·      Concerns regarding dust monitoring during operations;

·      Concerns regarding bridge on Kalgup Road

·      Concerns regarding noise from machinery an reversing quackers/beepers

 

·      Proximity - Refer to officer comments in report.

·      Timeframe - Refer to officer comments in report.

·      Dust

·      Kalgup Route - Haulage route has been modified to exclude Kalgup Road.

·      Noise management plan submitted as part of application - refer to Officer’s comment in Council report.

8

R. C. Crosse & S. L. Blanch

Non-Objection provided activities are appropriately managed. Following concerns identified:

·      Purchased property for quiet rural atmosphere;

·      Concerns regarding noise from machinery operating from 7am till 6pm Monday to Friday;

·      Concerns regarding traffic - request non-air brakes be used.

·      Minimum separation distance to dwelling should be 200m.

·      Concerns regarding sand and dust

·      Concerns regarding sources of water for dams on site

·      Under LPP 5A noise and dust mitigation measures can include limiting hours of mining operations from 7am to 6pm five days a week with no mining on Saturdays, Sundays and Public Holidays.

·      Minimum separation distance of 300metres has been achieved.

·      Dust Management Plan submitted as part of application - refer to Officer’s comment in Council report.

 

9

Paul Cull

Objection

·      Concerns regarding constant noise and dust as well as the operating hours and life of the activities (11 years);

·      Concerns regarding impacts on fauna and flora

·      Concerns regarding additional water required

·      Concerns regarding increase traffic and quality of the road, poor visibility and single lane bridge on Kalgup Road.

·      School buses also use the same roads as the proposed haulage route.

·      Concerns regarding access to the site and request clarification that site will not be accessed from Wells Road.

·      Timeframe - Refer to officer comments in report.

·      Application referred to DPAW and DER who did not identify any concerns regarding flora and fauna.

·      Road bond to be taken by the City and will be used to repair any damaged caused by trucks travelling to/from the site.

·      Haulage route now excludes Kalgup Road.

·      No trucks are to exit/enter the site during school bus pick up and drop off.

·      Access to the site is to be upgrade in accordance with the City’s requirements.

10

Michael Craigie

 

No objection provided the sand trucks do not use Kalgup road. Raised the following con

·      School buses also use the same roads as the proposed haulage route.

·      Concerns regarding trucks using single lane bridge on Kalgup Road.

·      Increase traffic will impact upon safety within the area.

·      No objection provided the sand trucks do not use Kalgup road.

·      No trucks are to exit/enter the site during school bus pick up and drop off.

·      Haulage route now excludes Kalgup Road.

 

 

11

Jeff & Karen Crutchlow

(2 submissions)

697 Chapman Hill Road Kalgup

·      Concerns that residents located on haulage route were not notified.

·      Concerns regarding noise management procedures should noise from the operations become an issue.

·      Objection to the following haulage routes:

Bussell Hwy (Busselton By-Pass), Chapman Hill Road, Kalgup Road, Action Park Road

Bussell Hwy (Busselton By -Pass), Queen Elizabeth Drive, Ambergate Road, Chapman Hill Road, Kalgup Road, Acton Park Road.

·      Concerns regarding noise from haulage vehicles and frequency of vehicles.

·      Concerns regarding proposed length of approval (11 years)

·      Concerns regarding noise, dust and vibrations for neighbouring property.

·      Concerns regarding enforcement of requirement that trucks are not to operate during school pick up and drop off.

·      Lack of consideration given to properties on haulage routes.

·      Concerns regarding consultation procedure of application

·      Details in advertising documents did not accurately reflect the location of the proposal - Lot 1838 is not located on Kalgup Road.

·      Lots 1398 and 1842 not identified in advertising documents.

·      Concerns regarding number of haulage trips per day;

·      No consideration in submission has been given to noise generated from truck movements along haulage routes.

·      Application was advertised in accordance with the LPP 5A.

·      Noise management plan submitted as part of application - refer to Officer’s comment in Council report.

·      Refer to Officer’s Comments regarding haulage routes in Council report.

·      Noise from haulage routes is not assessed as part of the application as it is 

·      Timeframe to be 5 years in accordance with LPP 5A.

·      Refer to Officer’s Comments regarding dust management plan in Council report.

·      Condition of approval that trucks are not to operate during school drop off and pick up.

·      Advertising documents including site plan of the proposed extractive areas and indicated that activities were to take place on all three lots.

·      Truck movements per day to be limited via condition of approval.

·     

12

Julie and Cliff Avery

310 Acton Park Rd Kalgup

·      Concerns regarding safety of dwelling as located on the bend with limited vision each way. Speed signs should be erected due to our  driveway location

·      Concerns regarding haulage route and bridge on Kalgup Road.

·      Concerns regarding noise continually going passed our place.

·      Operation times should be amended from between 7am-6pm to 7am -5pm

 

·      Operating hours to be in accordance with the City’s LPP 5A.

·      Kalgup Road - Haulage route has been modified to exclude Kalgup Road.

·      The City is unable to regulate noise along roads however can only ensure that road is of suitable quality and safe to use. 

·      Operating hours to be in accordance with the City’s LPP 5A.

13

Barbara and John Wilkins

·      Concerns regarding lack of consultation prior to the City referring the application.

·      Concerns regarding noise - We purchased our home for peace and quiet.

·      Concerns regarding dust.

·      Concerns regarding water usage and impact on adjoining properties.

·      Concerns regarding vibrations

·      Concerns regarding dieback and spread of tother decisions.

·      Concerns regarding operating times proposed ( 7am till 6pm) recommended reducing operation hours to 8am till 4.30pm;

·      Concerns regarding drainage.

·      Concerns regarding proposed haulage routes and impact on other road users (including bike riders, horse riders and pedestrians). Recommend trucks use only Acton Park Road, Vasse and Bussell Highways

·      Concerns regarding number of movements per year.

·      The City is unable to perform consultation on an application until it is lodged.

·      Noise management plan submitted as part of application - refer to Officer’s comment in Council report.

·      Dust management plan submitted as part of application - refer to Officer’s comment in Council report.

·      Operation of machinery not to result in any additional vibration above was is experience from other agricultural activities.

·      Operating hours to be in accordance with the City’s LPP 5A.

·      See officer report regarding haulage route.

·      Truck movements to be limited via condition of approval.

 

 


Council

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14 December 2016

11.2

Attachment e

Dust Management Plan

 


 


 


 


 


Council

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14 December 2016

11.2

Attachment f

Noise Management Plan

 


 


 


 


 


     School Bus Route
     Proposed haulage route
Subject SitesSues RoadVasse Highway

Description: N:\DMS Logo\DMS Logo 2009\Jpg\300dpi\Intramaps Logo.jpg

Digital Mapping Solutions does not warrant the accuracy of information in this publication and any person using or relying upon such information does so on the basis that DMS shall bear no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information.

Proposed Haulage Route

11/10/2016

NewNorth

1:50000

 


Council                                                                                      185                                                        14 December 2016

11.3           DA16/0503 - DEVELOPMENT APPLICATION FOR A MARKET - LOT 400 (NO.24) DUNN BAY ROAD, DUNSBOROUGH

SUBJECT INDEX:

Development /Planning Applications

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:

Senior Development Planner - Andrew Watts

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Location Plan

Attachment b    Development Plans

Attachment c    Schedule of Submissions  

  

PRÉCIS

 

The Council is asked to consider an application seeking approval for a Market on Lot 400 (No.24) Dunn Bay Road, Dunsborough (“the site”). This follows the City’s earlier deferral of consideration at its 24 August 2016 meeting, with a request for the applicant to provide additional information prior to the application being determined. That additional information has now been received.

 

The planning proposal has been placed before Council due to the volume of public submissions received raising concern with the development and, more particularly, the nature of the issues that require consideration in determining the application. The key matters for consideration are amenity and design.

 

It is considered that the proposal is consistent with the relevant planning framework and is recommended for approval subject to conditions including a temporary approval timeframe of five years.

 

BACKGROUND

 

Lot 400 (No.24) Dunn Bay Road is bound by Dunn Bay Road to the north-west, Seymour Boulevard to the south-west, Chieftain Crescent to the south-east and Lot 200 Dunn Bay Road (Bay Village Resort) to the north-east. A location plan is provided in Attachment A.

 

Under Local Planning Scheme 21 the site is zoned ‘Special Purposes – Mixed Use’ and is subject to Special Provision 49. Special Provision 49 in respect to commercial uses states that:

 

“Land‐use permissibility shall be the same as for the ‘Business’ Zone…”

 

The proposed development takes the form of an open sided roof structure, with market ‘stalls’ operating out of a series of converted sea containers. The proposal is for twenty five shipping containers to be used as a market with eleven sea containers proposed to be used as ‘market stalls’ for artists (or similar) and twelve sea containers to be used for food ‘kiosk stalls’,  with car parking, landscaping and open-sided roofed structure over much of the site. The proposed building has a maximum total height of approximately 5.50 metres, which is consistent with the Scheme height limit. Development plans are provided in Attachment B.

 

General hours of operation have been indicated as market stalls Friday and Saturday 4pm-10pm, with potential additional trading on school holidays, public holidays, special events and Sunday mornings. Proposed operating hours for food kiosks are Monday – Sunday 7am–10pm.

 

Under the Scheme this fits within the use class of ‘Market’ which is a ‘D’ use (i.e. discretionary, with or without consultation, depending on whether consultation is considered to be appropriate given the particular circumstances) in the Business Zone. In this case, it was considered that consultation should occur before the application is determined.

 

The proposal was previously presented to Council at its meeting of 24 August 2016 where it was resolved by Council that decision on this matter be deferred until the applicant has provided additional information as specified by Council including: a noise management plan to demonstrate that acceptable noise levels can be maintained at the boundaries of neighbouring residential properties; and details for buildings facing Dunn Bay Road and Seymour Boulevard and to ensure the development is compatible with its setting, represents a high architectural standard and will provide for activation of Dunn Bay Road and Seymour Boulevard street frontages and bin storage details.

 

STATUTORY ENVIRONMENT

 

The key elements of the statutory environment that relate to the proposal are set out in Local Planning Scheme No.21.

 

The site is zoned ‘Special Purpose-Mixed Use’. Special Provision 49 also relates to the site -

 

No.

PARTICULARS OF LAND

ZONE

SPECIAL PROVISIONS

SP49

Lot 202 Dunn Bay Road, Dunsborough

Special Purpose – Mixed Use

1.    Land-use permissibility shall be the same as for the ‘Business’ Zone, other than as varied by point 2 below.

2.    The Council may approve the use of up to, but no more than, 75% of any future accommodation units developed on-site with no restriction of length of stay. The remainder of the accommodation units shall be subject to length of stay restrictions limiting occupancy to no more than 3 months in any 12 month period.

For the purpose of this provision ‘accommodation unit’ means any tourist accommodation unit, grouped dwelling unit, multiple dwelling unit or other unit used for overnight accommodation or as a place of residence.

 

As Special Provision 49 states that “land permissibility shall be the same as for the ‘Business’ Zone, the objectives and policies of the ‘Business’ Zone effectively apply. The objectives of that Zone are as follows -

 

(a)  To provide for conveniently‐located shopping and other service associated commercial activities to service each centre’s catchment area, as determined by the relevant planning framework.

(b)  To maintain and reinforce the viability of existing commercial centres, including those supporting adjoining agricultural areas.

 

Policies of the ‘Business’ zone relevant to this application are -

 

(a)    To encourage the provision of retail and other business services and associated development to add to the strength and diversity of existing centres.

(b)   As far as is practical and appropriate to allow market forces to influence the location of retail and office uses within existing centres with minimal intervention by the local government.

(c) To allow residential development only where it is a component of commercial development.

(d)  To utilise and strengthen the existing town centres of Busselton and Dunsborough as the primary retail and commercial centres of the City by active discouragement of any new “out of town” shopping centres other than neighbourhood shopping centres, convenience stores and the like.

(e) The consolidation of land to assemble larger land parcels suitable for integrated development or redevelopment is encouraged and supported. Fragmentation of land, unless it is part of an overall plan for integrated development or redevelopment, will generally not be supported.

 

In considering the application, the Council needs to consider the ‘Matters to be considered’ set out in clause 67 of the Planning and Development (Local Planning Schemes) Regulations 2015, particularly relevant considerations in relation to this application are the following –

 

(a)       the aims and provisions of this Scheme and any other local planning scheme operating within the Scheme area;

(b)       the requirements of orderly and proper planning including any proposed local planning scheme or amendment to this Scheme that has been advertised under the Planning and Development (Local Planning Schemes) Regulations 2015 or any other proposed planning instrument that the local government is seriously considering adopting or approving;

(g)       any local planning policy for the Scheme area;

(h)       any structure plan, activity centre plan or local development plan that relates to the development;

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

(n)       the amenity of the locality including the following —

             (i) environmental impacts of the development;

             (ii) the character of the locality;

             (iii) social impacts of the development;

(u)       the availability and adequacy for the development of the following —

             (i) public transport services;

             (ii) public utility services;

             (iii) storage, management and collection of waste;

             (iv) access for pedestrians and cyclists (including end of trip storage, toilet and shower facilities);

             (v) access by older people and people with disability;

(w)      the history of the site where the development is to be located;

(x)       the impact of the development on the community as a whole notwithstanding the impact of the development on particular individuals;

(y)       any submissions received on the application;

(zb)     any other planning consideration the local government considers appropriate.

 

RELEVANT PLANS AND POLICIES

 

Assessment of the parking needs for the development has been made based on the City’s Local Planning Policy 8A: Carparking Provisions. The applicable parking rate for Business Zoned properties in the Busselton and Dunsborough CBD’s is 4 car parking bays per 100m² Net Lettable Area (NLA). The NLA does not include service areas, toilets, areas set aside as public space or general thoroughfare areas that are not for the exclusive use of occupiers of a building. The total NLA has been determined to be approximately 300m², which generates the need for 12 bays. The development plan indicates 11 bays onsite, including 1 disabled bay, resulting in a shortfall of 1 on-site parking bay.

 

The Car Parking Provisions Policy and Scheme 21 include provisions for the option of a payment of cash-in-lieu of the shortfall of parking bays where considered appropriate by the City

 

The applicant is seeking that the cash-in-lieu be accepted by Council. The City's current cash-in-lieu payment figure is $10,278.42 per bay.

 

The City has recently completed Dunsborough townscape upgrade works which have increased parking capacity along Seymour Boulevard.

 

FINANCIAL IMPLICATIONS

 

This application may result in financial implications in respect to the payment of cash-in-lieu of required parking bays.

 

Long-term financial plan implications

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendation of this report reflects Community Objectives 2.2 and 3.1 of the Strategic Community Plan 2013, which are –

 

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

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

 

RISK ASSESSMENT

 

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

 

CONSULTATION

 

The initial proposal was referred to adjoining landowners of the proposed development site and was also advertised in the local newspaper for a period of 14 days.

A total of 24 submissions have been received from the general public. Issues raised highlight concerns with the proposal for the following reasons -

·    Visual appearance of the proposal.

·    Detrimental impact of the proposed market on existing businesses.

·    Inadequate provision of parking and that the proposal will impact on availability of existing parking in the town centre.

·    The proposal is not keeping with the atmosphere and character of Dunsborough

·    Concern with impact of the proposal on neighboring residential properties on Chieftain Crescent.

·    The potential noise resulting from the proposed development.

 

Submissions received in support of the proposed development raise the following points -

·    The proposed markets will utilise local products and produce.

·    Economic opportunities for local producers, suppliers and artisans will be provided.

·    The Dunsborough town centre will benefit from further activation.

·    Opportunities for varying forms of entertainment will be available.

·    The proposed development will be family friendly.

 

The points raised in the submissions are discussed further below and specific consideration of each of the submissions is given at Attachment C.

 

OFFICER COMMENT

 

The fundamental questions around land-use and car parking relating to this site and development of a market or similar were addressed and considered when the Council determined an earlier application relating to the site (which was for a conventional structure/building). As that application was approved, there is not seen to be any need to re-assess those considerations in any detail. It is, however, considered clear that a development that consists of a market, including food premises, is fundamentally appropriate on this site.

 

Through the provision of additional information as requested by Council when consideration of this current application was deferred and through some modifications made to the plans by the applicant, previous concerns regarding the form and layout of the development proposed and noise impacts on neighbouring land have been addressed to an extent such that City officers are now prepared to recommend approval.

 

The broad concept of a market development, that provides an opportunity for small-scale and start-up enterprises to sell from a site in the Dunsborough Town Centre, and provide some additional vibrancy, especially in the evening, is seen as very desirable, however there have been some concerns raised about the sea container form proposed, on the site in question.

 

In response to the Council deferring consideration of the proposal and requesting additional information be provided by the applicant prior to being prepared to make a determination on the application, the applicant has provided revised plans showing a reconfigured layout which is more enclosed on the Dunn Bay Road and Chieftain Crescent ends, provides for activation of the Dunn Bay Road and much of the Seymour Boulevard interfaces by kiosks trading toward the street and inclusion of extensive alfresco areas adjacent to the streets, provision of indicative details of the external finishes of containers fronting Dunn Bay Road and Seymour Boulevard and a lowering of the height of the dome roof.

 

The applicant has also provided a noise impact assessment report with recommendations included to indicate how, with the revised plans, the proposed development is able to comply with the requirements of the Environmental Protection (Noise) Regulations 1997. Ongoing implementation of the recommendations of the noise impact assessment report forms part of the conditions of the officer’s recommendation.

 

The revised plans show ‘sea container concepts’ to get an idea of the intended treatment possibilities for how the externally exposed parts of the development proposal would provide for a suitable aesthetic appearance from Dunn Bay Road and Seymour Boulevard. A condition is, though, recommended that, prior to commencement of the development, details are submitted and approved of for the final finished appearance of each of the buildings facing (i.e. those that will trade into areas visible from) Dunn Bay Road and Seymour Boulevard; and of all of the externally visible aspects of the development. This is to ensure that the development is compatible with the amenity of its setting.

 

Similarly to the above, to ensure that development will provide for activation of Dunn Bay Road and Seymour Boulevard it is recommended that those buildings with openings facing onto Dunn Bay Road or Seymour Boulevard must at all times they are open, trade towards the street.

 

City officers are of the view that the proposed development is not designed to be a long term development. This view has been formed because the development is of a relatively ‘pop-up’ nature, consisting of relatively low capital investment structures (sea containers and fabric roof) with ongoing maintenance requirements to maintain suitable amenity and aesthetics. This type of development is expected to have one-third to a half of the lifespan of development using normal construction. For these reasons officers do not believe that it is appropriate to provide a permanent approval and instead recommend a time-limited approval. After considering issues such as likely needs for a return on investment, officers recommend a temporary/time-limited approval of ten years.     

 

CONCLUSION

 

It is recommended that the Council grant a time limited approval to the development, and subject to a range of detailed conditions.

 

OPTIONS

 

The Council could:

 

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

2.    Apply additional or different conditions.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

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

 

OFFICER RECOMMENDATION

 

That the Council resolve:

 

1.    That application DA16/0503 submitted for development at Lot 400 (No.24) Dunn Bay Road, Dunsborough is considered by the Council to be generally consistent with Local Planning Scheme No. 21 and the objectives and policies of the zone within which it is located.

 

2.    That a time-limited Development Approval is issued for the proposal referred to in 1. above subject to the following conditions:

 

General Conditions:

1.      All development is to be in accordance with the approved Development Plan (attached), including any amendments placed thereon by the City and except as may be modified by the following conditions.

 

2.      The development hereby approved is permitted for a period of ten years from the date of this Decision Notice.

 

3.      The placement of all sea containers, roof structure and external finish of sea containers with a street front presentation is to be completed in one stage.

 

4.      Construction of the development hereby approved shall be completed within two years from the date of the first building permit issued pursuant to this approval.

 

Prior to Commencement of Any Works Conditions:

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

5.1       A Construction Management Plan.

5.2       Details for the final finished appearance of each of the buildings facing (i.e. those that will trade into areas visible from) Dunn Bay Road and Seymour Boulevard, and of all of the externally visible aspects of the development, to ensure the development is compatible with the amenity of its setting, and in this context that it represents a high architectural standard, the details should include:

·   external cladding of the buildings (sea containers) - the materials, colours, textures and projections to be used – verandas may be provided extending over the footpath road verge;

·   activation of Dunn Bay Road and Seymour Boulevard frontages through the use of facing windows, doorways, lighting, and artwork;

·   external signage – location and dimensions.

5.3       A Drainage Management Plan setting out details of stormwater and surface water drainage works. The Plan shall include but not be limited to the following:

5.1.1      Stormwater to be retained for use and/or infiltration within the lot at a rate of 1m³ per 40m² of impervious area;

5.1.2      Kerbing or grade changes for paved areas;

5.1.3      installing and maintaining stormwater collection systems, such as bio-retention gardens and soak wells to intercept roof and general runoff;

5.1.4      establishing soaks that collect and permit infiltration of stormwater.

 

5.4       Details of the finished treatment of all hard surfaced areas to be used for the construction of the parking and manoeuvring areas and pedestrian footpaths as shown on the Approved Development Plans;

5.5       Details of the bicycle parking facilities. The details shall include, as a minimum, the location, design and materials to be used in their construction.

5.6       Details of bin storage and collection arrangements, including confirmation that bin storage areas can and will be screened from public view at all times, other than when refuse collection is taking place. The Bin Storage Area is to be not to be less than 10m² in area or 1m² per bin (whichever is greater) with a minimum internal dimension of 3.5m.

5.7       Details of bin wash facilities to be provided.

5.8       A Landscape Plan providing details of onsite landscaping works.

5.9       A plan detailing, footpaths and other hard landscaping elements, to be undertaken on street verges adjacent the site.

 

6.      The development hereby approved, or any works required to implement the development, shall not commence until the following contributions have been paid to the City:

6.1       A contribution of $10,278.42 to the City associated in lieu of a shortfall of one on-site      parking bay.

 

Prior to Occupation/Use of the Development Conditions:

7.      The development hereby approved shall not be occupied or used until all plans, details of works required by Conditions(s) 1, 3 and 5 have been implemented and the following conditions have been complied with:

7.1       Landscaping and reticulation shall be implemented in accordance with the approved Landscape Plan and shall thereafter be maintained to the satisfaction of the City.  Unless otherwise first agreed in writing, any trees or plants which, within a period of five years from first planting, are removed, die or, are assessed by the City as being seriously damaged, shall be replaced within the next available planting season with others of the same species, size and number as originally approved.

7.2       A minimum number of 11 car parking bays (including 1 disabled bay) shall be provided on site. The parking area(s), driveway(s) and point(s) of ingress and egress [including crossover(s)] shall be designed, constructed, sealed, drained and marked.

7.3       The development being connected to a reticulated water supply.

7.4       The development being connected to reticulated sewerage.

 

On-going Conditions:

8.    The works undertaken to satisfy Condition(s) 1, 5.1-5.8 and 7 shall be subsequently maintained for the life of the development and subject to the following condition:

8.1       Recommendations in the approved Noise Impact Assessment shall be implemented in accordance with the approval details.

 

9.    Buildings with openings facing onto Dunn Bay Road or Seymour Boulevard must at all times they are open, trade towards the street.

 

10.  No more than one vendor is permitted to sell alcohol. 

 

11.  Permitted opening hours are Monday – Sunday 7am -10pm.

 

12.  All buildings and structures are to be removed from the site, by the owner or his successor, within 6 months of the expiry of the operation and the condition of the land made good.

 


Council

186

14 December 2016

11.3

Attachment a

Location Plan

 


Council

187

14 December 2016

11.3

Attachment b

Development Plans

 



 


 


 


 


 


 


 


 


 


 


 



 


Council

209

14 December 2016

11.3

Attachment c

Schedule of Submissions

 

SUMMARY OF SUBMISSIONS

DA16/0503 

 

No.

Name

Content of Submission

Original Plans  - Officer’s Comment

Revised Plans Officer’s Comment

1.    

B & I. Stone

 

41 Chietain Crescent, Dunsborough

1.     Visual appearance of proposal is undesirable.

2.     Potential impacts on residential amenity.

3.     Concerns over the height of the proposal.

4.     Proposed hours of operation

 

1.     Appearance is out of character with prevailing Dunsborough town centre built form.

2.     Close proximity to dwellings noted.

3.     Proposal is within the prescribed height limitations.

4.     Noted.

1.     Revised plans indicate façade treatments, openings in containers to Dunn Bay Rd and Seymour Boulevard and provision of alfresco dining areas to provide for activation of the street.

2.     Close proximity to dwellings noted.

3.     Proposal is within the prescribed height limitations and building height has been reduced from previous proposal.

4.     Noted.

 

2.

J. Wallington

 

1/40 Hakea Way,

Dunsborough

 

 

 

1.     Visual appearance of proposal is undesirable.

2.     Potential impacts on residential amenity.

3.     Concerns over the height of the proposal.

 

1.     Appearance is out of character with prevailing Dunsborough town centre  built form.

2.     Close proximity to dwellings noted.

3.     Proposal is within the prescribed height limitations.

 

1.     Revised plans indicate façade treatments, openings in containers to Dunn Bay Rd and Seymour Boulevard and provision of alfresco dining areas to provide for activation of the street.

2.     Close proximity to dwellings noted.

3.     Proposal is within the prescribed height limitations and building height has been reduced from previous proposal.

 

3.

D. Gabbott

 

43 Chietain Crescent, Dunsborough

1.     Visual appearance of proposal is undesirable.

2.     Potential impacts on residential amenity.

3.     Possible loss of amenity from potential noise levels.

4.     Visual appearance of waste disposal area.

1.     Appearance is out of character with prevailing Dunsborough town centre built form.

2.     Close proximity to dwellings noted.

3.     Proposal is within the prescribed height limitations.

4.     Waste disposal area noted as being opposite existing residential dwellings.

 

1.     Revised plans indicate façade treatments, openings in containers to Dunn Bay Rd and Seymour Boulevard and provision of alfresco dining areas to provide for activation of the street.

2.     Close proximity to dwellings noted.

3.     Proposal is within the prescribed height limitations and building height has been reduced from previous proposal.

4.     Revised proposal bin storage back approx. 15m from street and provides screening of bin storage area as opposed to previous ly being immediately adjacent to Chieftain Cres boundary.

1.    

K & C Hancock

 

Bay Village Resort & Spa Dunsborough

 

1.     Visual appearance of proposal is undesirable.

2.     Potential impacts on residential amenity.

3.     Possible loss of amenity from potential noise levels.

4.     Limited availability of on-site parking.

1.     Appearance is out of character with prevailing Dunsborough town centre  built form.

2.     Close proximity to dwellings noted.

3.     Proposal is within the prescribed height limitations.

4.     Noted see officer’s comments in report. 

 

1.     Revised plans indicate façade treatments, openings in containers to Dunn Bay Rd and Seymour Boulevard and provision of alfresco dining areas to provide for activation of the street.

2.     Close proximity to dwellings noted.

3.     Proposal is within the prescribed height limitations and building height has been reduced from previous proposal.

4.     Noted see officer’s comments in report. 

5.    

R. Brown

1.     Limited availability of on-site parking.

1.     Noted see Officer’s comments in Report.

1.     Noted see Officer’s comments in Report.

6.    

J & C & A & M Fletcher

 

Shop 4, 27 Dunn Bay Road,
Dunsborough

1.     Visual appearance of proposal is undesirable.

 

1.     Appearance is out of character with prevailing Dunsborough town centre built form.

 

1.     Revised plans indicate façade treatments, openings in containers to Dunn Bay Rd and Seymour Boulevard and provision of alfresco dining areas to provide for activation of the street.

 

7.

F. Harrison

 

Bunbury

1.     Visual appearance of proposal is undesirable.

2.     Limited availability of on-site parking.

3.     Proposed hours of operation

1.     Appearance is out of character with prevailing Dunsborough town centre built form.

2.     See officer’s comments in report.

1.     Revised plans indicate façade treatments, openings in containers to Dunn Bay Rd and Seymour Boulevard and provision of alfresco dining areas to provide for activation of the street.

2.     See officer’s comments in report

8.

P Cross Naturaliste Charters

 

Shop 1, 25 Dunn Bay Road,
Dunsborough

1.     Visual appearance of proposal is undesirable.

 

1.     Appearance is out of character with prevailing Dunsborough town centre built form.

1.     Revised plans indicate façade treatments, openings in containers to Dunn Bay Rd and Seymour Boulevard and provision of alfresco dining areas to provide for activation of the street.

 

8.

Moldon Nominees Pty Ltd & D’Orazio Family trust

 

40/12 & 42/12 Dunn Bay Road, Dunsborough

1.     Visual appearance of proposal is undesirable.

2.     Limited availability of on-site parking.

1.     Appearance is out of character with prevailing Dunsborough town centre built form.

2.     See officer’s comments in report.

1.     Revised plans indicate façade treatments, openings in containers to Dunn Bay Rd and Seymour Boulevard and provision of alfresco dining areas to provide for activation of the street.

2.     See officer’s comments in report

10.

M. Mettam

1.     Visual appearance of proposal is undesirable.

 

1.     Appearance is out of character with prevailing Dunsborough town centre built form.

1.     Revised plans indicate façade treatments, openings in containers to Dunn Bay Rd and Seymour Boulevard and provision of alfresco dining areas to provide for activation of the street.

 

11.

C & D Gunter

1.     Visual appearance of proposal is undesirable.

 

1.     Appearance is out of character with prevailing Dunsborough town centre built form.

1.     Revised plans indicate façade treatments, openings in containers to Dunn Bay Rd and Seymour Boulevard and provision of alfresco dining areas to provide for activation of the street.

 

12.

Dunsborough and Districts Progress Association

1.     Proposal will generate local economy

2.     Provide entertainment

3.     Activate town centre

4.     Family friendly

1.     Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.     Music will require a Noise Impact Assessment for nearby noise sensitive premises.

3.     Shipping containers to not have open frontage to Seymour Boulevard.

4.     Proposal may provide affordable retail/dining opportunities for nearby residential areas.

1.   Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.   Noise impact report and associated recommendations in respect to music has been submitted.

3.   Revised proposal includes opening in containers to  trade toward an activate Dunn Bay Rd and Seymour Blvd.

4.   Proposal may provide affordable retail/dining opportunities for nearby residential areas.

13.

K. Keelty

 

8 Geographe Bay Rd, Dunbsborough

1.     Proposal will generate local economy

2.     Provide entertainment

3.     Activate town centre

4.     Family friendly

1.     Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.     Music will require a Noise Impact Assessment for nearby noise sensitive premises.

3.     Shipping containers to not have open frontage to Seymour Boulevard.

4.     Proposal may provide affordable retail/dining opportunities for nearby residential areas.

1.     Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.     Noise impact report and associated recommendations in respect to music has been submitted.

3.     Revised proposal includes opening in containers to  trade toward an activate Dunn Bay Rd and Seymour Blvd.

4.     Proposal may provide affordable retail/dining opportunities for nearby residential areas.

14.

J. Divine

 

24 Woods Rd, Osmington

1.     Proposal will generate local economy

2.     Provide entertainment

3.     Activate town centre

4.     Family friendly

1.     Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.     Music will require a Noise Impact Assessment for nearby noise sensitive premises.

3.     Shipping containers to not have open frontage to Seymour Boulevard.

4.     Proposal may provide affordable retail/dining opportunities for nearby residential areas.

1.   Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.   Noise impact report and associated recommendations in respect to music has been submitted.

3.   Revised proposal includes opening in containers to  trade toward an activate Dunn Bay Rd and Seymour Blvd.

4.   Proposal may provide affordable retail/dining opportunities for nearby residential areas.

15.

S. Martin

 

7 Boronia Close, Dunsborough

1.     Proposal will generate local economy

2.     Provide entertainment

3.     Activate town centre

4.     Family friendly

1.     Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.     Music will require a Noise Impact Assessment for nearby noise sensitive premises.

3.     Shipping containers to not have open frontage to Seymour Boulevard.

4.     Proposal may provide affordable retail/dining opportunities for nearby residential areas.

1.      Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.      Noise impact report and associated recommendations in respect to music has been submitted.

3.      Revised proposal includes opening in containers to  trade toward an activate Dunn Bay Rd and Seymour Blvd.

4.      Proposal may provide affordable retail/dining opportunities for nearby residential areas.

16.

M. Baker

 

208 Lakes Drv,

Dunsborough

1.     Proposal will generate local economy

2.     Provide entertainment

3.     Activate town centre

4.     Family friendly

1.     Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.     Music will require a Noise Impact Assessment for nearby noise sensitive premises.

3.     Shipping containers to not have open frontage to Seymour Boulevard.

4.     Proposal may provide affordable retail/dining opportunities for nearby residential areas.

1.      Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.      Noise impact report and associated recommendations in respect to music has been submitted.

3.      Revised proposal includes opening in containers to  trade toward an activate Dunn Bay Rd and Seymour Blvd.

4.      Proposal may provide affordable retail/dining opportunities for nearby residential areas.

17.

L. Yearbury & S Allen

 

32 The Enclave,

Dunsborough

1.     Proposal will generate local economy

2.     Provide entertainment

3.     Activate town centre

4.     Family friendly

1.     Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.     Music will require a Noise Impact Assessment for nearby noise sensitive premises.

3.     Shipping containers to not have open frontage to Seymour Boulevard.

4.     Proposal may provide affordable retail/dining opportunities for nearby residential areas.

1.      Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.      Noise impact report and associated recommendations in respect to music has been submitted.

3.      Revised proposal includes opening in containers to  trade toward an activate Dunn Bay Rd and Seymour Blvd.

4.      Proposal may provide affordable retail/dining opportunities for nearby residential areas.

19.

S. Paul

 

10 Riviera Br,

Dunsborough

1.     Proposal will generate local economy

2.     Provide entertainment

3.     Activate town centre

4.     Family friendly

5.     Affordable shopping

1.     Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.     Music will require a Noise Impact Assessment for nearby noise sensitive premises.

3.     Shipping containers to not have open frontage to Seymour Boulevard.

4.     Proposal may provide affordable retail/dining opportunities for nearby residential areas.

1.      Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.      Noise impact report and associated recommendations in respect to music has been submitted.

3.      Revised proposal includes opening in containers to  trade toward an activate Dunn Bay Rd and Seymour Blvd.

4.      Proposal may provide affordable retail/dining opportunities for nearby residential areas.

20.

L & K Kiosses

 

25 Galley Ramble

Dunsborough

1.     Proposal will generate local economy

2.     Provide entertainment

3.     Activate town centre

4.     Family friendly

1.     Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.     Music will require a Noise Impact Assessment for nearby noise sensitive premises.

3.     Shipping containers to not have open frontage to Seymour Boulevard.

4.     Proposal may provide affordable retail/dining opportunities for nearby residential areas.

1.      Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.      Noise impact report and associated recommendations in respect to music has been submitted.

3.      Revised proposal includes opening in containers to  trade toward an activate Dunn Bay Rd and Seymour Blvd.

4.      Proposal may provide affordable retail/dining opportunities for nearby residential areas.

21.

R. Haigh

9 Clairault Ct,

Dunsborough

1.     Proposal will generate local economy

2.     Provide entertainment

3.     Activate town centre

4.     Family friendly

1.     Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.     Music will require a Noise Impact Assessment for nearby noise sensitive premises.

3.     Shipping containers to not have open frontage to Seymour Boulevard.

4.     Proposal may provide affordable retail/dining opportunities for nearby residential areas.

1.      Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.      Noise impact report and associated recommendations in respect to music has been submitted.

3.      Revised proposal includes opening in containers to  trade toward an activate Dunn Bay Rd and Seymour Blvd.

4.      Proposal may provide affordable retail/dining opportunities for nearby residential areas.

22.

C. Barnao

 

1 Prestwick Rd,

Dunsborough

1.     Proposal will generate local economy

2.     Provide entertainment

3.     Activate town centre

4.     Family friendly

1.     Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.     Music will require a Noise Impact Assessment for nearby noise sensitive premises.

3.     Shipping containers to not have open frontage to Seymour Boulevard.

4.     Proposal may provide affordable retail/dining opportunities for nearby residential areas.

1.      Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.      Noise impact report and associated recommendations in respect to music has been submitted.

3.      Revised proposal includes opening in containers to  trade toward an activate Dunn Bay Rd and Seymour Blvd.

4.      Proposal may provide affordable retail/dining opportunities for nearby residential areas.

23.

P. Felton

 

208 Marrinup Drv, Yallingup

1.     Proposal will generate local economy

2.     Provide entertainment

3.     Activate town centre

4.     Family friendly

1.     Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.     Music will require a Noise Impact Assessment for nearby noise sensitive premises.

3.     Shipping containers to not have open frontage to Seymour Boulevard.

4.     Proposal may provide affordable retail/dining opportunities for nearby residential areas.

1.      Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.      Noise impact report and associated recommendations in respect to music has been submitted.

3.      Revised proposal includes opening in containers to  trade toward an activate Dunn Bay Rd and Seymour Blvd.

4.      Proposal may provide affordable retail/dining opportunities for nearby residential areas.

24.

R. McKenzie

51 Oakmont Cres,

Dunsborough

1.     Proposal will generate local economy

2.     Provide entertainment

3.     Activate town centre

4.     Family friendly

1.     Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.     Music will require a Noise Impact Assessment for nearby noise sensitive premises.

3.     Shipping containers to not have open frontage to Seymour Boulevard.

4.     Proposal may provide affordable retail/dining opportunities for nearby residential areas.

1.      Proposal is to utilise produce from the surrounding region and provide opportunities for local artisans.

2.      Noise impact report and associated recommendations in respect to music has been submitted.

3.      Revised proposal includes opening in containers to  trade toward an activate Dunn Bay Rd and Seymour Blvd.

4.      Proposal may provide affordable retail/dining opportunities for nearby residential areas.

 

 


Council                                                                                      213                                                        14 December 2016

12.             Engineering and Works Services Report

12.1           ASPHALT AND SPRAY SEALING SERVICES - AWARD OF TENDER RFT 23/16

SUBJECT INDEX:

RFT23/16 - Asphalt and Spray Sealing Services

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Operation and Works Services

ACTIVITY UNIT:

Maintenance and Construction

REPORTING OFFICER:

Maintenance and Construction Coordinator - Matthew Twyman

AUTHORISING OFFICER:

Director, Engineering and Works Services - Oliver Darby

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Confidential Tender Evaluation and Recommendation Report - RFT23/16 Ashphalt & Spray Sealing Services  

  

Attachment A is confidential under section 5.23 - 2(c) of the Local Government Act 1995 in that it deals with “a contract entered into or which may be entered into, by the local government”. Copies have been provided to Councillors, the Chief Executive Officer and Directors only.

 

PRÉCIS

 

The Council is requested to consider the tenders received in response to Request for Tender RFT23/16 – Asphalt and Spray Sealing Services. The purpose of this report is to obtain the Council’s consent to award Tender – RFT23/16 in accordance with the Tender Evaluation panel recommendation.

 

BACKGROUND

 

A suitably qualified contractor is required to provide asphalt and spray sealing services within the City of Busselton:

 

·    Supply, delivery and laying of hot asphalt;

·    Supply and delivery of hot asphalt, cold-mix asphalt and bitumen emulsion; and

·    Supply, delivery and spraying hot bitumen and supply, delivery and spread sealing aggregate.

 

Subject to the Principal’s right to early termination the term is for a period of three (3) years from the date of award, with two (2) optional one (1) year extensions to be exercised at the Principal’s discretion.

 

Two (2) submissions were received in response to this Request for Tender. Submissions were received from Fulton Hogan Industries Pty Ltd and Malatesta Road Paving & Hot Mix Pty Ltd.

 

The review process of all submissions for RFT23/16 has been completed by the Tender Evaluation Panel that comprised of the following City Officers:-

 

·    Matthew Twyman           Maintenance & Construction Coordinator

·    Lisa McDonald                   Contracts & Tendering Officer

·    George Workman            Manager Operations Service.

 

STATUTORY ENVIRONMENT

 

Part 4 (Tenders) of the Local Government (Functions and General) Regulations 1996 apply.  In particular, Regulation 14 (2a).

 

"If a local government –

 

(a)  is required to invite a tender; or

 

(b)  not being required to invite a tender, decides to invite a tender.

 

The local government must, before tenders are publicly invited, determine in writing the criteria for deciding which tender should be accepted.”

 

RELEVANT PLANS AND POLICIES

 

The following Council policies have relevance to the Tender process.

 

Policy 239 – Purchasing:

The procurement process complies with this policy.

 

Policy 049/1 –Regional Price Preference:

The Regional Price Preference was applied to this tender.

 

Policy 031 – Tender Selection Criteria:

The procurement process complies with this policy.

 

FINANCIAL IMPLICATIONS

 

Application of appropriate selection criteria to the tender has contributed to ensuring that tenderers are offering the "best value" with respect to the supply of services.

 

In order to evaluate the pricing component of the tender representative requirement scenarios for asphalt and sealing works were applied to the tendered rates.  This shows that there has been a nine (9) percent decrease in the recommended Tenderer’s rates for sealing and asphalt services combined, when compared against the City’s existing tender submitted for these services in 2013.

 

In comparison the Consumer Price Index for Perth (all groups) has increased by three and a half (3.5) percent between December 2013 and September 2016.

 

It should also be noted that the index for Automotive Fuel (Perth), a more representative comparison for the bitumen industry, has decreased by twenty two (22) percent between December 2013 and September 2016.

 

The costs of services within this tender are provided for in capital works and operational budgets for each financial year.  Purchasing under this contract will be in accordance with these adopted budgets.

 

STRATEGIC COMMUNITY OBJECTIVES

 

Key Goal Area 2:                               Well Planned, Vibrant and Active Places.

Community Objective 2.3:            Infrastructure assets that are well maintained and responsibly

managed to provide for future generations.

 

RISK ASSESSMENT

 

The recommended tenderer has over thirty years experience in the required services, is based within Bunbury and has suitable material supply contingency measures in place to fulfil the requirements of the tender.  The risk of poor service is therefore considered low.

The provision of referees and financial profile information further reinforces the City’s confidence in the appointment as the Contractor is well-established, has the financial capacity to fulfil the contract and the risk of insolvency is low.

 

Risk

Controls

Consequence

Likelihood

Risk Level

Poor service

Project quality control

Minor

Unlikely

L5

Insolvency

Financial profile information request

Minor

Unlikely

L5

 

CONSULTATION

 

Nil

 

OFFICER COMMENT

 

City officers did not exercise the option of renewing the existing tender for Asphalt and Spray Sealing Services and instead went out to Tender. It was considered prudent with the changing market and lower oil prices, to determine if this would extend to reduce costs to the City. As noted in the report this has been proven to be beneficial.

 

As part of the tender evaluation an initial compliance check was conducted to identify submissions that were non-conforming with the immediate requirements of the RFT.  This included compliance with contractual requirements and provision of requested information.  All tender submissions were found to be compliant with the specified requirements.

 

The assessments of the tenders were based on the following Qualitative Criteria as included in the Request for Tender Document:

 

(a)          Relevant Experience                       10%

(b)          Tenderer’s Resources                    20%

 

The Tendered price was given the following weighting and has been assessed in conjunction with the Qualitative Criteria:

 

·          Tendered Price                                 70%

 

Representative requirement scenarios for asphalt and sealing works were applied to tendered rates and scored using the ‘Average Based Scoring Method’ recommended by WALGA in the ‘Local Government Purchasing and Tender Guide’.

 

Regional Price preference was not applicable to either tender submission.

 

The panel members individually assessed the compliance and qualitative criteria and then applied an average to provide a final rating. The scores were then added together to indicate the rankings for the tender. The Confidential report attached provides further detail in relation to the relative merits of each of the individual tenderers. Following this evaluation, Malatesta Road Paving & Hot Mix Pty Ltd is the preferred tenderer for the reasons outlined in the confidential report.

 

CONCLUSION

 

This report seeks the Council’s endorsement of the officer’s recommendation to award all requirements of the Contract to Malatesta Road Paving & Hot Mix Pty Ltd as their submission represents the best value for money option for the City of Busselton and  demonstrates the company’s ability to complete the contract requirements to the standard required and within the time frames required at a competitive price.

OPTIONS

 

The Council may consider the following alternate option:

 

1.    The Council choose not to accept the Officers Recommendation and award the Tender to an alternate tenderer. In the view of the Officers this could result in a Tender being awarded to a tenderer that has not presented the “best value” for money offer.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The award of the tender to the successful tenderer can be announced immediately after the Council has endorsed the officer’s recommendation. The successful Tenderer will receive formal written notification within seven (7) days of the decision being handed down. All unsuccessful tenderers will also be notified in this time.

 

OFFICER RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council:

 

1.    Endorses the outcomes of the evaluation panel’s assessment in relation to Tender RFT23/16 Asphalt and Spray Sealing Services which has resulted in the tender submitted by Malatesta Road Paving & Hot Mix Pty Ltd being ranked as the best value for money.

 

2.    Delegate authority to the CEO to award the contract resulting from RFT23/16 – Asphalt and Spray Sealing Services to Malatesta Road Paving & Hot Mix Pty Ltd subject to negotiations, in accordance with the terms and conditions contained within the tender for a period of three (3) years from the date of award, with two (2) optional one (1) year extensions to be exercised at the Principal’s discretion.

  


Council                                                                                      219                                                        14 December 2016

13.             Community and Commercial Services Report

13.1           2016/2017 COMMUNITY BIDS ROUND 2 ALLOCATIONS

SUBJECT INDEX:

Donations, Contributions and Subsidies

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Community Services

REPORTING OFFICER:

Community Development Officer - Naomi Davey

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

  

DISCLOSURE OF INTEREST

Date

14 December 2016

Meeting

Council

Name/Position

Paul Needham, Director, Planning and Development Services

Item No./Subject

13.1 - 2016/2017 Community Bids Round 2 Allocations

Type of Interest

Impartiality Interest

Nature of Interest

I, Paul Needham, Director Planning & Development Services, declare an impartiality interest in Item 13.1. I am a member of the Board, and Treasurer, of South West Counselling Incorporated, which is an applicant for funding pursuant to the Community Bids Programme. The application in question is subject of the report and recommendation. I have had no involvement whatsoever in the assessment of the application.

 

PRÉCIS

 

Each year the City of Busselton provides financial assistance to community groups and not-for-profit organisations through the Community Bids process. This assistance is provided for specific activities or projects proposed to be undertaken by that group or organisations within the forthcoming financial year.

 

Each year applications are workshopped with Councillors. This report provides a summary of the outcomes from the workshop on 9 November 2016, and seeks formal endorsement regarding the community bid submissions to be funded in the second round of the 2016/17 financial year and a review of other expired community funding agreements.

 

BACKGROUND

 

The City of Busselton has historically invited community groups and not-for-profit organisations to apply for funding through the City's annual budget development process. In April 2010 Council resolved to restructure the process under which external organisations applied to the City for financial assistance. This included the following changes to the various funding application schemes:

 

·    Amalgamation of the Community Environment and Minor Sporting, Recreational and Community Grants schemes into a consolidated scheme;

·    Development of a two tiered scheme for major and minor projects, with a capping of the overall budget allocations for each tier (resolved by Council);

·    Discontinuation of Small Local Project fund of Councillors to be replaced by a Sponsorship and Donations fund (administered by officers).

 

In August 2010, Councillors considered that a number of established community organisations, who apply for funding each year, warranted ongoing support of Council across a number of financial years. This would therefore provide organisations with secured financial support over a longer planning period and alleviate the necessity to submit an annual application. These activities/events would become part of the future 'multi-year agreement process' and would not form part of the future annual Community Bids process.

 

In March 2011, the Council resolved to allocate funding to the Community Bids program as follows:

 

1.     Council allocate a total of 0.5% of estimated rates to be levied to Major Project Assistance Grants to be determined as part of the Community Bids assessment process advertised in the first quarter of each year.

2.     Allocate a total of $50,000 to Minor Project Assistance Grants to be determined twice each year, once as part of the Community Bids process, and once again in September each year.

3.     Increases the maximum amount of Minor Project Assistance Grants from $3,000 to $5,000 for any one project.

 

In September 2014, City officers prepared and distributed a 'Community Bids Guidelines' to interested parties which contained general guidelines for applications and eligibility. The guidelines reflected direction provided by Council during previous Community Bids rounds.

 

The guidelines indicate eligibility for Community Bids as follows:

 

·      Not for profit groups and organisations located in the City of Busselton, except circumstances where a proposed project, program or activity will take place in the City or have significant regional benefit;

·      Project/ program delivery within the 2016/17 financial year;

·      One application per category, per organisation;

·      Completion of the application form provided;

·      ABN and Incorporation required.

 

The guidelines also provided the following as considerations for funding:

 

Supported

·      Programs/ projects providing benefit to the broader community;

·      One off projects or activities;

·      Equipment grants for durable equipment only;

·      One-off program related operational expenses.

 

Not supported

·      On-going operational expenses;

·      Consumable equipment;

·      Retrospective funding/ projects already commenced;

·      Projects that are an event (separately funded);

·      Training;

·      Facility maintenance;

·      Programs, projects and services considered the responsibility of other government depar tments, individuals and private for-profit groups;

·      Activities that do not relate to the Key Result Areas in the City's Strategic Community Plan;

·      Proposals not complementary to the services and functions of local government.

 

Applications for the second round of Community Bids funding for the 2016/17 financial year opened in October 2016 and a total of nine (9) applications were received requesting $30,750.

 

Applications were assessed by an officer working group, in accordance with the Community Bids guidelines, and recommendations were discussed with Councillors at a workshop held on 31 October 2016. The outcomes of the workshop form the basis of the Officer recommendations in this report.

 

STATUTORY ENVIRONMENT

 

N/A

 

RELEVANT PLANS AND POLICIES

 

The Community Bids funding program is an opportunity for community based organisations to seek assistance to implement initiatives that benefit the wider community and is an action contained within the Council endorsed Social Plan 2015-2025

 

FINANCIAL IMPLICATIONS

 

Based on the current funding model, the total funds available for allocation in the second round allocation of the Community Bids program for 2016/17 is $28,804 for minor projects. The City’s 2016/17 adopted budget includes these funding contributions. Consequently entering into funding agreements with these organisations will not have a financial implication on the City's 2016/17 budget.

 

Long-term Financial Plan Implications

 

The ongoing allocation of funds towards the Community Bids Program has been incorporated into the Long-Term Financial Plan.

 

STRATEGIC COMMUNITY OBJECTIVES

 

Well Planned, Vibrant and Active Places:

 

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

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City's risk assessment framework. The assessment identifies 'downside' risks only, rather than 'upside' risks as well. 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

Applicants do not obtain relevant and adequate insurances such as Public Liability exposing the City and/or Applicant to litigation.

Ensure conditions of funding are clear and copies of relevant insurances are obtained.

Moderate

Rare

Medium

 

CONSULTATION

The Community Bids Funding Program was advertised in the Council for the Community page on 14, 21 and 28 September and 5 October 2016. Recognised Community Groups and Sporting Clubs in the City of Busselton were also notified of the Community Bids process via email and a hard copy of the Community Bids funding application form and guidelines were available at the City of Busselton Customer Information Centre.

OFFICER COMMENT

 

Applications were initially assessed by an officer working group, who considered the following criteria:

 

·    Does the project, program or activity meet the Community Bids criteria?

·    Has the applicant outlined why the projects, programs or activities are needed by the community?

·    Is there an expectation or risk to the community if the project, program or activity does not proceed?

·    Did the organisation or group state the level of cash or in kind contribution they will make to the project, program or activity?

·    Has the applicant demonstrated attempts at seeking funding from other sources?

·    Has the applicant been successful in previous community bids applications and what was the funded amount?

·    Does the project align with the City of Busselton's Strategic Plan?

 

Officers presented the applications to Councillors at a workshop on 9 November 2016, where the following recommendations were made:

 

 

APPLICANT

PROJECT TITLE

RECOMMENDATION

SPECIFIC CONDITIONS OF FUNDING

1

South West Counselling Inc

Permanent Building Access Ramps

$3470

 

2

Smiths Beach Surf Lifesaving Club

SBSLC Radios

$2980

 

3

Vasse Cricket Club

Newtown Oval Cricket Facilities

$3885

Funding for cricket nets only, subject to an agreement to relocate the nets to the Vasse Sporting Complex when the complex is available for cricket competition

4

Windsurfing WA auspicing the South West Junior Windsurf School

Safety boat and windsurfing boards

$4,408

 

5

GMAS Swimming Club

Equipment Cage

$1,425

 

6

Busselton Croquet Club

Equipment Upgrade and replacements

$1,709

Funding for Fridge, microwave, urn and fan only

7

Busselton Water Polo Association

Busselton Water Polo Goals

$3,909

Funding subject to: equipment being available to other users by agreement with the Busselton Water Polo Club

8

Choose Respect Busselton

Purchase of merchandise such as t-shirts and wristbands

Nil

 

9

Wests Hockey Club

Match shirts

Nil

 

 

 

Total

$21,786

 

 

CONCLUSION

 

The Community Bids funding program is constantly evolving and aims to meet community needs with the funds available within priority areas identified in the City of Busselton Strategic Community Plan (2013).

 

It is recommended that Council adopts the funding allocations as outlined in the Officer recommendation.

 

OPTIONS

 

Council may wish to consider differing levels of funding proposed for all or some of the community bid applications. In pursuing this option the Council needs to consider budget availability and the immediacy for some funding items, and the effect this delay could have on organisations being able to finalise their plans and budgets for the 2016/17 year.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

All Community Bid applicants will be individually advised in writing of the outcome of the Council decision within 21 days. Successful applications will be required to sign a grant agreement with the City and meet any specific conditions of funding.

 

City officers will continue discussions with the various applicants regarding eligibility for other grant funding opportunities.

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.    Endorses the provision of funding for Round one of the 2016/17 Community Bids funding program as outlined in the table below, subject to the specific conditions as stated:

 

 

APPLICANT

PROJECT TITLE

RECOMMENDATION

SPECIFIC CONDITIONS OF FUNDING

1

South West Counselling Inc

Permanent Building Access Ramps

$3470

 

2

Smiths Beach Surf Lifesaving Club

SBSLC Radios

$2980

 

3

Vasse Cricket Club

Newtown Oval Cricket Facilities

$3885

Funding for cricket nets only, subject to an agreement to relocate the nets to the Vasse Sporting Complex when the complex is available for cricket competition

4

Windsurfing WA auspicing the South West Junior Windsurf School

Safety boat and windsurfing boards

$4,408

 

5

GMAS Swimming Club

Equipment Cage

$1,425

 

6

Busselton Croquet Club

Equipment Upgrade and replacements

$1,709

Funding for Fridge, microwave, urn and fan only

7

Busselton Water Polo Association

Busselton Water Polo Goals

$3,909

Funding subject to: equipment being available to other users by agreement with the Busselton Water Polo Club

8

Choose Respect Busselton

Purchase of merchandise such as t-shirts and wristbands

Nil

 

9

Wests Hockey Club

Match shirts

Nil

 

 

 

Total

$21,786

 

 

2.    Endorses the funding allocation of $7,019 from the Round 2 2016/17 Community Bids towards the Youth and Community Activities Building for youth specific equipment.

 


Council                                                                                      224                                                        14 December 2016

13.2           MARKETING AND EVENTS REFERENCE GROUP OUTCOMES

SUBJECT INDEX:

Events

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Commercial Services

ACTIVITY UNIT:

Commercial Services

REPORTING OFFICER:

Events Coordinator - Peta Tuck

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

  

PRÉCIS

 

A meeting of the Marketing and Events Reference Group (MERG) was held on Thursday 9 November 2016. 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), 8% in 2014/2015 (totalling $488k) and 9% in 2015/16 (totalling $556k) towards events and marketing.

 

As part of the 2016/2017 adopted budget, Council increased the Differential Rate to 10% (totalling $624k) with the funds split 75:25 between events and marketing respectively.

 

The total endorsed marketing and events budget for 2016/2017 is $892k; $736k allocated towards events and $156k allocated towards marketing. The $736k budget allocation for events includes $268k from municipal funds and $468k from the Differential Rate Budget of $624k. This excludes budgetary allocations for the Leavers Week event, administration, and events staffing.

 

As outlined in the FINANCIAL IMPLICATIONS section of this report, a total of $40,663 remains in the Differential Rate Events Budget for Round 2 of the 2016/17 Events Sponsorship Programme.

 

A meeting of the Marketing and Events Reference Group (MERG) was held on Thursday 9 August 2016, with the following key matters presented at the meeting;

 

·    Discuss and make recommendations for the 2016/17 Round 2 Event Sponsorship Program to Council;

·    Request from the Margaret River Busselton Tourism Association (MRBTA) to allocate $10k in the 2017/18 budget towards the hosting of the 2017 WA Tourism Conference to be held within the City of Busselton.

 


 

STATUTORY ENVIRONMENT

 

Nil.

 

RELEVANT PLANS AND POLICIES

 

The recommendations are in line with Council policies.

 

FINANCIAL IMPLICATIONS

 

At the 21 July 2016 Council meeting, Council resolved to include a 1% increase in the Industrial and Commercial Differential Rate from 9% to 10% in the 2016/17 budget (C1607/157), resulting in an allocation of $624k for events and marketing, with a split of 75/25 ($468k/$156k) respectively. At the end of the 2015/16 financial year an allocation of $8,488 was unspent and at the Special Council Meeting on 21 July 2016, Council endorsed to include the carryover of funds into the 2016/17 Differential Rates events budget, providing a total of $476,488.

 

Further, $268k was allocated towards events from municipal funding. This excludes budgetary allocations for the Leavers Week event, administration, and events staffing.

 

The funding allocated through the 2016/17 municipal budget is as follows;

 

Table 1

 

Events - Multi-Year Agreements funded through Municipal funds

2016/17

Busselton Jetty Swim

$15,600

Ironman WA Busselton

$187,400

Busselton Ironman 70.3

$45,000

Geographe Bay Race Week

$10,000

Festival of Busselton

$6,000

Carols by the Jetty

$1,000

Australia Day

$3,000

TOTAL

$268,000

 

Within the 2016/17 Differential Rate Events Budget, $410,825 has already been allocated to events funded through multi-year agreements and the Events Sponsorship Programme Round 1, leaving a total of $65,663 for the Events Sponsorship Programme Round 2 and any further funding requests.

 

At the meeting of 28 September 2016, Council endorsed the allocation of up to $5k in-kind support to the City to Surf event, $30k towards the 2017 Busselton Fringe Festival, and $5k towards the funding of a Leavers Officer to support the City’s response to the 2016 Leavers event, all to be funded from the 2016/17 Differential Rate Events Budget (C1609/259).

 

The Events Coordinator received written advice on 05 October 2016 that the Superboat Racing event would not be taking place in March 2017, and therefore would not require the $15k funding allocated to the event in the Events Sponsorship Programme 2016/17 Round 1. The event organiser intends on applying again for 2017/18 funding, with a view to hold the event in March 2018.

 

With this event cancellation and the endorsed allocations, this leaves a total of $40,663 remaining in the Differential Rate Events Budget for Round 2 of the 2016/17 Events Sponsorship Programme.

 

This report includes the MERG recommendations as seen in Table 1 below, that a total of $38k be funded in Round 2, leaving a total of $2,663 remaining for any further requests.

 

Further, a total of $156k is allocated in the Differential Rate Marketing Budget for 2016/17 for marketing and promotion initiatives. If during the 2016/17 financial year these funds are not expended, it is recommended that the $156k or the balance of any remaining marketing funds are transferred to the Airport Marketing Reserve as part of the City’s contribution towards an airline incentive package for the Busselton-Margaret River Airport Development Project.

 

Long Term Financial Plan

 

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;

 

2.1       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.

 

A proposal was received from MRBTA, who are preparing to place a bid to hold the 2017 WA Tourism Conference in the City of Busselton on 11-13 September 2017. This conference is traditionally held in the metro area each year, but Tourism Western Australia has expressed interest in holding it in a regional area. This conference is expected to generate more than $500,000 of economic benefit into the region. If successful, the MRBTA will contribute $10k towards this conference and have approached the City to contribute a further $10k and provide a letter of support. MERG members were in support of this proposal and recommend the allocation of $10k be funded from the 2017/18 Differential Rate Events Budget.

 

Round 2 Event Sponsorship Programme 2016/17

 

Round 2 of the 2016/17 Event Sponsorship Programme opened on 1 September 2016 and closed on 30 September 2016, with a total of fourteen (14) single year applications received, requesting $97,254 in funding. There is currently $40,663 remaining in the 2016/17 Differential Rate Events Budget.

 

The Events team evaluated all funding applications, applying the Strategic Funding Guidelines of economic impact, strategic alliance to off-peak and cultural events, destination tourism, social benefits and environmental impact. An overall score out of 100 based on the strategic funding guidelines was allocated and funding recommendations based on this.

 

MERG members discussed each application and recommended the following:

 

Event

Requested

MERG Recommend

Geographe Bay Race Week – M32 Catamarans

$5,000

$0

Margaret River Region Open Studios

$5,000

$3,000

King of Concrete 2017

$16,500

2016/17 - $13,000

2017/18 - $12,500

2018/19 - $12,000

Salmon Fest

$12,000

$1,500

South West Bush Poets Festival

$5,000

2016/17 - $2,000

2017/18 - $1,750

2018/19 - $1,500

Black Dog Ride – Busselton 1 Dayer

$2,500

$0*

Undalup Birak Festival

$10,994

$6,000

Emergence Creative Festival

$12,000

$3,000

Men’s Health and Wellness Day

$3,000

$0*

WheelBite 2017

$3,800

$2,000

Yallingup Malibu Classic

$2,000

$2,000

Yalambi Showjumping Classic

$10,000

$2,500

Busselton Horse & Pony Club Winter Jumping Classic

$5,460

2016/17 - $3,000

2017/18 - $2,750

2018/19 - $2,500

Margaret River Marathon

$4,000

$0

TOTAL ROUND 1 2016/17

$97,254

$38,000

* Officers to recommend application for funding through the Donations, Contributions and Subsidies Fund.

 

MERG recommendation totals $38k to be funded in Round 2, leaving a total of $2,663 remaining for any further requests.

 

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 9 November 2016 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.

 

OFFICER RECOMMENDATION

 

That Council;

 

1.    As part of the Events Sponsorship Programme endorses the funding allocation towards the following events to be funded from the Differential Rate Events budget:

 

Event

Funding

Geographe Bay Race Week – M32 Catamarans

$0

Margaret River Region Open Studios

$3,000

King of Concrete 2017

2016/17 - $13,000

2017/18 - $12,500

2018/19 - $12,000

Salmon Fest

$1,500

South West Bush Poets Festival

2016/17 - $2,000

2017/18 - $1,750

2018/19 - $1,500

Black Dog Ride – Busselton 1 Dayer

$0*

Undalup Birak Festival

$6,000

Emergence Creative Festival

$3,000

Men’s Health and Wellness Day

$0*

WheelBite 2017

$2,000

Yallingup Malibu Classic

$2,000

Yalambi Showjumping Classic

$2,500

Busselton Horse & Pony Club Winter Jumping Classic

2016/17 - $3,000

2017/18 - $2,750

2018/19 - $2,500

Margaret River Marathon

$0

TOTAL ROUND 1 2016/17

$38,000

* Officers to recommend application for funding through the Donations, Contributions and Subsidies Fund.

 

2.    Endorses the allocation of $10k in the draft 2017/18 budget towards the 2017 WA Tourism Conference, to be funded from the 2017/18 Differential Rate Events Budget.

  


Council                                                                                      230                                                        14 December 2016

14.             Finance and Corporate Services Report

14.1           AMENDMENT TO DELEGATION (INVITING TENDERS AND CHOICE OF TENDER)

SUBJECT INDEX:

Delegation

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Legal Services

REPORTING OFFICER:

Contract & Tendering Officer - Lisa McDonald

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Cliff Frewing

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Nil

  

PRÉCIS

 

Council has delegated to the Chief Executive Office power and authority to exercise certain functions under Regulations 14 and 18 of the Local Government (Functions and General) Regulations 1996 (Tender Regulations). This delegation, in respect of inviting tenders and choice of tender, is recorded in the City’s Delegations Register as Delegation 3J (Delegation 3J).

 

An internal review of Delegation 3J indicated that minor amendments to this delegation could improve internal administrative processes and service delivery. This report recommends to Council to amend the Delegation 3J in accordance with the Officer Recommendation section of this report.

 

BACKGROUND

 

Pursuant to section 3.57 of the Local Government Act 1995 (Act) a local government is required to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply goods or services. Part 4 Division 2 of the Tender Regulations provides the statutory framework for inviting, assessing and accepting tenders by a local government. Regulation 14 of the Tender Regulations specifies the requirements for publicly inviting tenders and Regulation 18 sets out the requirements for rejecting and accepting tenders.

 

The majority of the local government functions under these regulations are purely of an administrative nature. Among other matters the Tender Regulations authorise or require from a local government to:

 

·    Give State wide public notice of the invitation to tender [Reg 14(1)];

·    Determine in writing the criteria for deciding which tender should be accepted before tenders are publicly invited [Reg 14(2a)];

·    Vary the information published in an invitation to tender [Reg 14(5)];

·    Reject tenders not submitted at a place, and within the time, specified in the invitation for tender [Reg 18(1)];

·    Assess compliant tenders by means of a written evaluation for purposes of determining which of those tenders satisfy the tender selection criteria and is considered to be the most advantageous to the local government [Reg 18(4)];

·    Request a tenderer to clarify the information provided in a tender [Reg 18(4a)];

·    Decline to accept any tender [Reg 18(5)]; and

·    Accept from the other tenders the tender which it thinks it would be most advantageous to the local government should the preferred tenderer, within 6 months of acceptance, either fail to enter into a contract with the local government or terminate the contract [Reg 18(6) and (7)].

 

The only provision under Regulations 14 and 18 considered not to be a purely administrative function, is Council’s power and ability to select and accept the most advantageous tender and decide to award a contract pursuant to that tender to the preferred tenderer [Reg 18(4)].

 

Under Delegation 3J Council has delegated to the Chief Executive Officer the following duties and powers under Regulations 14 and 18 of the Tender regulations:

 

·    To exercise the powers and discharge the duties of the local government under Regulation 14 to publicly invite tenders by determining the written criteria for deciding which tender should be accepted; and

·    To exercise the powers and discharge the duties of the local government under Regulation 18 relating to choice of tender.

 

These delegations are subject to the following conditions:

 

a)    Utilising the standard selection criteria as per Policy 031;

b)    Following the City’s operational practice utilising tender evaluation processes and documentation developed by WALGA;

c)    Compliance with the requirements of the City’s Purchasing Policy as it relates to tendering; and

d)    Acceptance of a tender is not to exceed a contract value of $500,000.

 

Delegation 3J does however not provide the Chief Executive Officer with the power and authority to exercise some of abovementioned functions which are to a large extent relatively straight forward administrative functions with very limited scope for the exercise of discretion.  See for instance the functions under Regulations 14(1), 14(5), 18(1), 18(5), 18(6) and (7) above. For purposes of improving the City’s tendering processes it is recommended that Council amend Delegation 3J in accordance with the Officer Recommendation section of this report.

 

STATUTORY ENVIRONMENT

 

Pursuant to section 5.42(1)(a) of the Act Council may delegate to the Chief Executive Officer the exercise of any of its powers or the discharge of any of its duties under the Act, other than those referred to in section 5.43. The Act prescribes that any such delegation requires an absolute majority vote of Council.

 

Council’s powers and duties under Regulations 14 and 18 of the Tender Regulations fall within the scope of functions which can be delegated to the Chief Executive Officer pursuant to section 5.42(1)(a) of the Act.

 

RELEVANT PLANS AND POLICIES

 

The proposed delegation of Council’s powers and duties under Regulations 14 and 18 of the Tender Regulations is consistent with the City’s Purchasing Policy, Tender Selection Criteria Policy and Tender Pre Selection Policy.

 

FINANCIAL IMPLICATIONS

 

The proposed amendment to Delegation 3J does not limit Council’s function or ability to approve the allocation of resources through the annual budget process in respect of all tenders that may be awarded by the City. Therefore adoption of the Officer Recommendation will not have any direct financial implication for the City.

 

 

Long-term Financial Plan Implications

 

The proposed policy and delegations to the Chief Executive Officer do not have any long term financial implications.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The proposed amendment to Delegation 3J aligns with Strategic Community Objective 6.2 which requires the City’s governance systems to deliver responsible, ethical and accountable decision making.

 

RISK ASSESSMENT

 

Amending Delegation 3J will allow for implementation of a relatively straight forward administrative process with limited scope for the exercise of discretion and is therefore considered low risk with no risks identified as “low” or greater.

 

CONSULTATION

 

Not applicable as the proposed delegation relates to internal administrative processes only.

 

OFFICER COMMENT

 

Except for the provisions of Regulation 18(4) of the Tender Regulations, which provides Council with the ability to accept the tender considered to be the most advantageous, the functions and duties under Regulations 14 and 18 are to a large extent relatively straight forward administrative functions with very limited scope for the exercise of discretion (as outlined under the BACKGROUND section of this report).

 

Under Delegation 3J Council has already delegated to the Chief Executive Officer the power to accept tenders where the consideration does not exceed $500,000. The proposed amendment of Delegation 3J does not seek to change this arrangement, but rather to include under this delegation the power of the Chief Executive Officer to exercise the administrative functions under these regulations, which include inviting, rejecting and evaluating tenders. The proposed amendment to Delegation 3J will prevent staff from having to refer a significant number of relatively straight forward day-to-day administrative functions to Council, which will improve efficiency and optimise use of the City’s resources.

 

The proposed change to Delegation 3J does not affect the special delegations to the Chief Executive Officer in relation to the Administration building project and the Airport Redevelopment Project.

 

Under normal circumstances, this matter would initially have been referred to the Policy and Legislation Committee for consideration. However due to the fact that there won’t be a Policy and Legislation Committee meeting within the next 6 to 8 weeks it was considered appropriate to present this Report directly to Council.

 

CONCLUSION

 

Adoption of the Officer Recommendation will streamline City operations and improve efficiency without compromising statutory compliance or Council’s existing powers in relation to choice of tenderer.

 

OPTIONS

 

Council may resolve not to amend Delegation 3J in accordance with the Officer Recommendation. However for the reasons mentioned in this report this option is not recommended.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The amendment to Delegation 3J will be effectively immediately upon adoption by the Council.

 

OFFICER RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council resolves to amend Delegation 3J by replacing it with the following:

 

INSTRUMENT OF DELEGATION

 

Ref No

LG Act Ref

Delegate

Delegation Subject

3J

3.57

F and G Regs 14 and 18

Chief Executive Officer

Inviting Tenders and Choice of Tender

 

Delegator

 

Council.

 

Power/Duty

 

To exercise the powers and discharge the duties of the local government under Regulations 14 and 18 of the Local Government (Functions and General) Regulations 1996 subject to the undermentioned conditions:

 

Conditions

 

This delegation is subject to:

 

a)    Utilising the standard selection criteria as per Policy 031;

b)    Following the City’s operational practice utilising tender evaluation processes and documentation developed by WALGA;

c)    Compliance with the requirements of the City’s Purchasing Policy as it relates to tendering; and

d)    Acceptance of a tender is not to exceed a contract value of $500,000.

 

Statutory Framework

 

Council is exercising its power of delegation under Section 5.42(1)(a) of the Local Government Act 1995 to delegate to the CEO the discharge of its powers and duties provided for in section 3.57 of the Local Government Act 1995 and Regulation 14 and Regulation 18 of the Local Government (Functions and General) Regulations 1996 subject to the above conditions.

 

Local Government Act Section 3.57.                         Tenders for providing goods or services

 

(1)          A local government is required to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply goods or services.

(2)          Regulations may make provision about tenders.

 

Functions and General Regulation 14.                    Requirements for publicly inviting tenders

 

                (2a)        If a local government –

 

(a)          is required to invite a tender; or

(b)          not being required to invite a tender, decides to invite a tender,

 

the local government must, before tenders are publicly invited, determine in writing the criteria for deciding which tender should be accepted.

 

Functions and General Regulation 18.                    Choice of Tender

 

(1)          A tender is required to be rejected unless it is submitted at a place, and within the time, specified in the invitation for tenders.

 

(2)          A tender that is submitted at a place, and within the time, specified in the invitation for tenders but that fails to comply with any other requirement specified in the invitation may be rejected without considering the merits of the tender.

 

(3)          If, under regulation 23(4), the CEO has prepared a list of acceptable tenderers for the supply of goods or services, a tender submitted by a person who is not listed as an acceptable tenderer is to be rejected.

 

(4)          Tenders that have not been rejected under subregulation (1), (2), or (3) are to be assessed by the local government by means of a written evaluation of the extent to which each tender satisfies the criteria for deciding which tender to accept and it is to decide which of them it thinks would be most advantageous to the local government to accept.

 

                (4a)        To assist the local government in deciding which tender would be most advantageous                      to it to accept, a tenderer may be requested to clarify the information provided in the                             tender.

 

(5)          The local government may decline to accept any tender.

 

(6)          If a local government has accepted a tender but acceptance of the tender does not create a contract and within 6 months of the day on which the tender was accepted the local government and the successful tenderer agree not to enter into a contract in relation to the tender, the local government may accept from the other tenders the tender which it thinks it would be most advantageous to the local government to accept.

 

(7)          If a local government has accepted a tender and acceptance of the tender creates a contract and within 6 months of the day on which the tender was accepted the local government and the successful tenderer agree to terminate the contract, the local government may accept from the other tenders the tender which it thinks it would be most advantageous to the local government to accept.

 

Verification

 

Council Resolution

C1606/140

 

 

Council Resolution

C1506/161

 

Council Resolution

C1406/161

 

Council Resolution

C1306/168

 

Council Resolution

C1206/167

 

Council Resolution

C1106/199

 

Council Resolution

C1103/079

 

Review Requirements

 

In accordance with the requirements of Section 5.46(2) of the Local Government Act 1995, at least once every financial year.

 

Review Dates

 

08 June, 2016

 

10 June, 2015

 

10 June, 2014

 

25 June, 2014

 

26 June, 2013

 

27 June, 2012

 

22 June, 2012

 

9 March, 2011 (implementation).

 

Related Documents

 

Tender Register.

 

Notes of Alterations

 

08/06/2016  – Increase of value to $500,000

 

10/06/2015 – Increase of value to $350,000

 

26/06/2013 – Increase of value to $300,000 and other minor alterations.

 


Council                                                                                      235                                                        14 December 2016

14.2           PROPOSED CITY OF BUSSELTON WASTE LOCAL LAW

SUBJECT INDEX:

Local Laws

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Legal

REPORTING OFFICER:

Legal Services Coordinator - Cobus Botha

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Cliff Frewing

VOTING REQUIREMENT:

Absolute Majority