Council                                                                                      2                                                                  11 October 2017

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city@busselton.wa.gov.au


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

CITY OF BUSSELTON

MINUTES FOR THE Council MEETING HELD ON 11 October 2017

TABLE OF CONTENTS

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

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

2....... Attendance. 3

3....... Prayer. 3

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

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

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

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

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

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

Previous Council Meetings. 5

9.1          Minutes of the Council Meeting held 27 September 2017. 5

9.2          Minutes of the Special Council Meeting held on 8 September 2017. 5

9.3          Minutes of the Policy and Legislation Committee held 21 September 2017. 5

Items Brought Forward and Adoption by Exception Resolution.. 6

En Bloc Motion. 6

10..... Reports of Committee. 7

10.1        Policy and Legislation Committee - 21/09/2017 - REVIEW OF POLICY 024 VOLUNTARY CONTRIBUTIONS, DONATIONS AND SPONSORSHIP. 7

10.2        Policy and Legislation Committee - 21/09/2017 - REPEAL OF POLICIES: COMMERCIAL HIRE SITES (#008) AND TRADING IN PUBLIC PLACES (#020). 9

10.4        Policy and Legislation Committee - 21/09/2017 - COUNCIL POLICY 016 RANGER & EMERGENCY SERVICES APPROACH TO REGULATORY FUNCTIONS. 17

10.5        Policy and Legislation Committee - 21/09/2017 - REVIEW OF LOCAL PLANNING POLICY 6B PERCENT FOR ART. 24

11..... Planning and Development Services Report. 40

11.1        LOCAL EMERGENCY MANAGEMENT ARRANGEMENTS. 40

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

15.1        COUNCILLORS' INFORMATION BULLETIN.. 45

12..... Engineering and Works Services Report. 47

13..... Community and Commercial Services Report. 47

14..... Finance and Corporate Services Report. 47

10..... Reports of Committee. 48

10.6        Policy and Legislation Committee - 21/09/2017 - MEELUP REGIONAL MANAGEMENT COMMITTEE GOVERNANCE ARRANGEMENTS. 48

10.7        Policy and Legislation Committee - 21/09/2017 - REVIEW OF TERMS OF REFERENCE FOR THE LOCAL EMERGENCY MANAGEMENT COMMITTEE, AND THE BUSH FIRE ADVISORY COMMITTEE. 53

10.8        Policy and Legislation Committee - 21/09/2017 - REVIEW OF POLICY 001 - FEES, ALLOWANCES AND EXPENSES FOR ELECTED MEMBERS. 63

10.3        Policy and Legislation Committee - 21/09/2017 - STANDING ORDERS LOCAL LAW... 75

11..... Planning and Development Services Report. 82

11.2        DA16/0503 - DEVELOPMENT APPLICATION FOR A MARKET - LOT 400 (NO.24) DUNN BAY ROAD, DUNSBOROUGH.. 82

16..... Motions of which Previous Notice has been Given.. 96

17..... Confidential Reports. 97

17.1        BUSSELTON CENTRAL SHOPPING CENTRE REDEVELOPMENT PROJECT. 97

 17.3       WASTE LOCAL LAW 98

17.3        APPOINTMENT OF SENIOR EMPLOYEE. 99

18..... Questions from Members. 99

19..... Public Question Time. 99

20..... Next Meeting Date. 99

21..... Closure. 99

 


MINUTES

 

MINUTES OF A MEETING OF THE A Meeting of the Busselton City Council HELD IN the Council Chambers, Administration Building, Southern Drive, Busselton, ON 11 October 2017 AT 5.30pm.

 

1.               Declaration of Opening and Announcement of Visitors

The Presiding Member opened the meeting at 5.32pm.

2.               Attendance

Presiding Member:

Members:

 

Cr Grant Henley     Mayor

Cr Coralie Tarbotton

Cr Ross Paine

Cr Terry Best

Cr John McCallum

Cr Rob Bennett

Cr Paul Carter

Cr Robert Reekie

Cr Gordon Bleechmore

 

Officers:

 

Mr Mike Archer, Chief Executive Officer

Mr Oliver Darby, Director, Engineering and Works Services

Mr Paul Needham, Director, Planning and Development Services

Mrs Naomi Searle, Director, Community and Commercial Services

Mr Cliff Frewing, Director, Finance and Corporate Services

Miss Kate Dudley, Administration Officer, Governance

 

Apologies

 

Nil

 

Approved Leave of Absence

 

Nil

 

Media:

 

“Busselton-Dunsborough Times”

“Busselton-Dunsborough Mail”

 

Public:

 

8

3.               Prayer

                  The Prayer was delivered by Reverend Melusi Sibanda of Dunsborough Anglican Church.

4.               Public Question Time

Response to Previous Questions Taken on Notice 

 

Nil

Public Question Time

 

Nil

5.               Announcements Without Discussion

Announcements by the Presiding Member 

 

The Presiding Member acknowledged the recent awarding of two new honorary freeman of the City, the Hon Barry House and Mr Ian Stubbs OAM. A civic function will be held in November 2017 to formally recognise their achievements.

            

The Presiding Member Acknowledged Cr Bleechmore on his retirement after his service to the City of Busselton Council for 8 years. The Presiding Member commended Cr Bleechmore on his volunteer roles within the community along with his involvement in Council and on Committees.

Announcements by other Members at the invitation of the Presiding Member

 

Cr Carter, Cr Bennett and Cr McCallum extended the acknowledgement of  Cr Bleechmore’s contribution to the City and congratulated him on his efforts over the last 8 years on Council, his involvement in Committees - particularity his work on the Airport Advisory Committee and wished him a happy retirement.

6.               Application for Leave of Absence

                   A late application for leave of absence was received at item 18.

 7.              Petitions and Presentations

Mrs Cecily Hancock of Bay Village Resort & Spa Dunsborough presented to Council as a Party with an interest on item 11.2. Mrs Hancock was generally in support of the application but still had a number of concerns with the general conditions of the recommendation.

 

Mr Peter Tyrrell presented to Council as a Party with an interest on item 11.2 as the applicant of the development. Mr Tyrell was in general agreement with the officers amended recommendation. Mr Tyrrel did raise concerns over the amended recommendation from Cr Bennett to decrease the lease from 10 years to 5 years.

 

8.               Disclosure Of Interests

Nil

9.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

9.1             Minutes of the Council Meeting held 27 September 2017

COUNCIL DECISION

C1710/237              Moved Councillor T Best, seconded Councillor R Reekie

That the Minutes of the Council Meeting held 27 September 2017 be confirmed as a true and correct record.

CARRIED 9/0

 

9.2             Minutes of the Special Council Meeting held on 8 September 2017

COUNCIL DECISION

C1710/238              Moved Councillor G Bleechmore, seconded Councillor J McCallum

 

That the Minutes of the Special Council Meeting held 8 September 2017 be confirmed as a true and correct record.

CARRIED 9/0

               

                   Committee Meetings

9.3             Minutes of the Policy and Legislation Committee held 21 September 2017

COUNCIL DECISION

C1710/239              Moved Councillor J McCallum, seconded Councillor R Reekie

 

That the Minutes of the Policy and Legislation Committee held 21 September 2017 be confirmed as a true and correct record.

CARRIED 9/0

 


 

Items Brought Forward and Adoption by Exception Resolution

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

En Bloc Motion

COUNCIL DECISION/ COMMITTEERECOMMENDATION AND OFFICER RECOMMENDATION

C1710/240              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

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

10.1        Policy and Legislation Committee - 21/09/2017 - REVIEW OF POLICY 024 VOLUNTARY CONTRIBUTIONS, DONATIONS AND SPONSORSHIP

10.2        Policy and Legislation Committee - 21/09/2017 - REPEAL OF POLICIES: COMMERCIAL HIRE SITES (#008) AND TRADING IN PUBLIC PLACES (#020)

10.4        Policy and Legislation Committee - 21/09/2017 - COUNCIL POLICY 016 RANGER & EMERGENCY SERVICES APPROACH TO REGULATORY FUNCTIONS

10.5        Policy and Legislation Committee - 21/09/2017 - REVIEW OF LOCAL PLANNING POLICY 6B PERCENT FOR ART

11.1        LOCAL EMERGENCY MANAGEMENT ARRANGEMENTS

15.1        COUNCILLORS' INFORMATION BULLETIN

 

EN BLOC

CARRIED 9/0

 


Council                                                                                      7                                                                  11 October 2017

10.             Reports of Committee

10.1           Policy and Legislation Committee - 21/09/2017 - REVIEW OF POLICY 024 VOLUNTARY CONTRIBUTIONS, DONATIONS AND SPONSORSHIP

SUBJECT INDEX:

Policy Budget Administration

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Finance and Corporate Services

ACTIVITY UNIT:

Financial Services

REPORTING OFFICER:

Manager Financial Services - Kim Dolzadelli

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Cliff Frewing

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Policy 024 Voluntary Contributions, Donations and Sponsorship  

 

This item was considered by the Policy and Legislation Committee at its meeting on 21 September 2017, the recommendations from which have been included in this report. 

 

PRÉCIS

 

As part of the ongoing policy review process a review of the existing Voluntary Contributions, Donations and Sponsorship Policy 024 has been conducted.  The current policy was originally adopted in 2010 and reviewed in July 2012 with minor amendments made.

 

BACKGROUND

 

The existing Policy deals with offers of voluntary contributions, donations or sponsorship proposals made by external parties in favour of the City of Busselton.

 

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 does this on the recommendation of a Committee it has established in accordance with Section 5.8 of that Act.

 

RELEVANT PLANS AND POLICIES

 

This report proposes to cancel the existing Voluntary Contributions, Donations and Sponsorship Policy as the policy currently duplicates the requirement for any amendments to the City’s Annual Budget to be considered by Council.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications with respect to the Officers recommendation.

 

Long-term Financial Plan Implications

There are no financial implications with respect to the Officers recommendation.

 

STRATEGIC COMMUNITY OBJECTIVES

 

Cancellation of this Policy aligns with and supports the Council’s Key Goal Area 6 – ‘Leadership’ and more specifically Community Objective 6.1 – ‘Governance systems, process and practices are responsible, ethical and transparent’.

RISK ASSESSMENT

 

There is no associated risk with the cancellation of the Voluntary Contributions, Donations and Sponsorship Policy.

 

CONSULTATION

 

Consultation has occurred with relevant City Officers.

 

OFFICER COMMENT

 

The existing Voluntary Contributions, Donations and Sponsorship Policy duplicates the requirement for any amendments to the City’s Annual Budget to be considered by Council.

 

CONCLUSION

 

The author believes that the existing Policy should be cancelled and that any offers of voluntary contributions, donations or sponsorship proposals made by external parties in favour of the   City of Busselton be the subject of the required Budget Amendment process.

 

OPTIONS

 

The Council could:

 

1.    Choose not to cancel the existing Voluntary Contributions, Donations and Sponsorship Policy and allow the policy to remain in place, or

 

2.    Choose to seek further review and/or amendment to the existing Voluntary Contributions, Donations and Sponsorship Policy for presentation to Council at a later date.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The cancellation of the existing Voluntary Contributions, Donations and Sponsorship Policy would be effective immediately upon the adoption of the Officer’s recommendation.

 

COUNCIL DECISION/COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

C1710/241              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

That the Council revokes Policy 024 Voluntary Contributions, Donations and Sponsorship Policy and remove it from the City’s Policy Manual.

CARRIED 9/0

En Bloc

 


Council                                                                                      16                                                               11 October 2017

10.2           Policy and Legislation Committee - 21/09/2017 - REPEAL OF POLICIES: COMMERCIAL HIRE SITES (#008) AND TRADING IN PUBLIC PLACES (#020)

SUBJECT INDEX:

Commercial opportunities

STRATEGIC OBJECTIVE:

Attractive parks and open spaces that create opportunities for people to come together, socialise and enjoy a range of activities.

BUSINESS UNIT:

Commercial Services

ACTIVITY UNIT:

Property and Business Development

REPORTING OFFICER:

Economic and Business Development Coordinator - Jon Berry

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Commercial Hire Sites (Policy #008) - (For repeal)

Attachment b    Trading in Public Places Standard Conditions of Approval (Policy #20) - (For repeal)

Attachment c    Non-Exclusive Use of Commercial Land (Policy #249)  

 

This item was considered by the Policy and Legislation Committee at its meeting on 21 September 2017, the recommendations from which have been included in this report. 

PRÉCIS

 

In November 2016, Council adopted a new policy ‘Non-exclusive Use of Commercial Land’ (#249).  This report recommends Council repeals two related policies that have guided non-exclusive commercial use of City owned and/or controlled land on a seasonal basis, namely, the Commercial Hire Sites Policy (#008) and the Trading in Public Places Policy (#020).

 

BACKGROUND

 

Council has previously administered commercial use of public land through a permit system guided by two separate Council policies and in accordance with the City’s Property Local Law and the Activities in Thoroughfares and Public Places and Trading Local Law.  The two policies are:

 

1.    Commercial Hire Sites (Policy #008).  This policy deals with recreational activities aimed at activating public land by issuing permits to tourist orientated seasonal businesses (e.g. climbing walls, water sports, bike hire etc.) (see Attachment A); and,

2.    Trading in Public Places Standard Conditions of Approval (Policy #20).  This policy dealt principally with the administration of mobile food and beverage vendors using public land. (see Attachment B).

 

On 9 November 2016, Council resolved (C1611/123) to adopt a new policy titled Non-Exclusive Commercial Use of City Land (Policy #249), which is in Attachment C.  The objective of the policy was to provide a more uniform framework for commercial activities being undertaken or proposed to be undertaken on public land on a non-exclusive use basis.  Council also supported Officers developing guidelines and procedures for certain types of seasonal commercial activities that align with the broad principles embodied in the new umbrella policy.

 

The new policy does not deal with exclusive use of public land such as leasehold tenure; events or markets; or with the short-term hiring of City property for functions or similar, which are the subject of other policies and guidelines.  Rather, the policy relates to the following kinds of activities using City owned or controlled land:

 

·    Mobile food/beverage traders;

·    Itinerant food/beverage traders;

·    Al fresco dining (other than where this is facilitated via a lease);

 

·    Recreational activities of some kinds (i.e. ‘exercise permits’), but not general sporting use of ovals or similar;

·    Tours or similar;

·    Traders engaged in the short-term hiring of recreational equipment; and

·    Some trading that operates from more or less temporary premises and/or from fixed premises, but on the basis of relatively short-term arrangements, such as trading from a converted/adapted sea container, or from some other relocatable and/or low cost structure.

 

The need for the development of a new umbrella policy reflected increasing interest from businesses in commercial use of public land and a need to develop a coherent, fair and workable approach to managing current and future activities.  It aimed to apply consistent principles to different kinds of activities and situations; be administratively simple and comprehensible; and achieve positive outcomes for the wider community.

 

STATUTORY ENVIRONMENT

 

The following legislation provides legal parameters for commercial use of public land:

 

·    Land Administration Act 1997 and associated regulations

·    Local Government Act 1995 and associated regulations

·    Planning and Development Act 2005 and associated regulations

·    Building Act 2012 and associated regulations

·    Health Act 1911 and associated regulations

·    Public Health Act 2016

·    Food Act 2008 and associated regulations

·    Local Planning Scheme 21 and associated structure plans and policies

·    Activities in Thoroughfares and Public Places and Trading Local Law

·    Property Local Law

·    Jetties Local Law

·    Airport Local Law

 

RELEVANT PLANS AND POLICIES

 

The following plans and policies reference commercial use of public land:

 

·    Busselton Foreshore Master Plan

·    Busselton City Centre Conceptual Plan

·    Dunsborough Town Centre Conceptual Plan

·    Mobile Vendors on the Busselton Jetty Policy – Reference No. 006

·    Community Facilities Bookings Policy – Reference No. 027

·    Markets Policy – Reference No. 074

·    Events Policy – Reference No. 231

·    Leases of City Land and Buildings Policy – Reference No. 248

·    Commercial Hire Site Policy – Reference No. 008*

·    Trading in Public Places Policy – Reference No. 020*

·    Non-Exclusive Use of Commercial Land (Policy #249)

 

* the Officer recommendation in this report recommends these two policies be repealed and replaced with the single policyNon-Exclusive Use of Commercial Land (Policy #249)’ .

 

FINANCIAL IMPLICATIONS

 

There are no financial implications arising from the Officer recommendation.  Relevant elements of the schedule of fees and charges have been updated in the preparation of the City’s 2017/18 budget to reflect a more uniform approach to the striking of fees of charges for mobile vendors and commercial hire sites.

 

Long-term Financial Plan Implications

 

There is no impact on the Long Term Financial Plan arising from the Officer recommendation. 

 

STRATEGIC COMMUNITY OBJECTIVES

 

This report aligns with the following City of Busselton Key Goal Areas identified in the City’s 2017 Strategic Community Plan:

 

Key Goal Area 4: Economy

 

4.1          An innovative and diversified economy that provides a variety of business and employment opportunities as well as consumer choice.

4.2          A community where local business is supported and in turn drives our economy.

4.3          Events and unique tourism experiences that attract visitors and investment.

 

RISK ASSESSMENT

 

There are no risks rated medium or high associated with the Officer recommendation.

 

CONSULTATION

 

In the lead up to preparation of an Agenda report to Council on 9 November 2016, recommending a new policy framework for non-exclusive commercial use of City land, consultation was undertaken with mobile vendors and commercial hire site operators.  Feedback from the consultation was considered in the development of the umbrella policy subsequently adopted by Council (C1611/123) and is in Attachment C.

 

No further consultation has been required relating to the Officer recommendation outlined in this report.

 

OFFICER COMMENT

 

As a result of Council adopting a new policy relating to non-exclusive use of city controlled land in November 2016, there is no longer a need for separate policies to facilitate trading in public places.

 

This report recommends Council repeals two existing policies that were used to facilitate specific commercial activities being mobile vendors and seasonal recreation hire sites. 

 

Since the introduction of the new single policy, the City has administered mobile vendors and recreational hire sites using a uniform process.  This process designates specific sites for these activities and seeks expressions of interest, with evaluation criteria being used to rate submissions, with the CEO issuing permits under delegated authority.

 

Uniform permit fees were set in the 2017/18 budget and each location is also subject to a licence fee based on the area of the land being used by the commercial business.  These principles were embodied in the new policy Non-Exclusive Use of Commercial Land (#249), which is in Attachment C.

Specific governance to deal with nuances relating to food/beverage vendors and commercial hire sites are outlined in the permits recently issued.

 

CONCLUSION

 

On 9 November 2016 Council resolved to adopt an umbrella policy to guide processes related to non-exclusive use of City land for seasonal and/or temporary businesses providing goods and services on public land.  The policy was prepared with the aim of providing a more uniform approach to issuing permits and licenses which historically were inconsistent, inequitable with regard to fees and charges, used different business recruitment processes and had inconsistent frameworks for control. 

 

Officers recommend Council repeals two existing policies that have previously been used to facilitate non-exclusive commercial use of City land.  These are the Commercial Hire Sites Policy (#008) in Attachment A and the Trading in Public Places Policy (#020) in Attachment B.

 

The new policy entitled Non-Exclusive Commercial Use of City Land (Policy #249) is in Attachment C and has been used by Officers as a framework to guide recruitment and selection of mobile food/beverage and seasonal recreational businesses seeking to trade on City land from 2017/18.  Separate guidelines and control mechanisms are integrated into permits that have since been issued.

 

OPTIONS

 

Council may elect not to repeal the policies as recommended by Officers and request a further review of the policy framework for non-exclusive use of City land.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should Council adopt the Officer recommendation, the two policies will be repealed immediately.

 

COUNCIL DECISION/COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

C1710/242              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

That the Council, with respect to the non-exclusive commercial use of City land:

 

1.    Repeals the ‘Commercial Hire Sites Policy (#008)’, which deals with recreational activities aimed at activating public land by issuing permits to tourist orientated seasonal businesses (see Attachment A);

 

2.    Repeals the ‘Trading in Public Places Standard Conditions of Approval Policy (#20)’ which deals principally with the administration of mobile food and beverage vendors (see Attachment B); and,

 

3.    Notes that the ‘Non-Exclusive Use of Commercial Land Policy (#249)’ (see Attachment C), supersedes the above policies and is the principal framework for administering permits and licenses relating to mobile food/beverage and tourist orientated seasonal businesses on City land.

CARRIED 9/0

En Bloc

 

 

 

 

 

 

 

 

Attachment C

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Council                                                                                      21                                                               11 October 2017

10.4           Policy and Legislation Committee - 21/09/2017 - COUNCIL POLICY 016 RANGER & EMERGENCY SERVICES APPROACH TO REGULATORY FUNCTIONS

SUBJECT INDEX:

Policy, Procedures and Manuals

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Ranger & Emergency Services

REPORTING OFFICER:

Ranger & Emergency Services Coordinator - Ian McDowell

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   CP016 Ranger & Emergency Services Approach to Regulatory Functions Version 1 (with track changes)

Attachment b    CP016 Ranger & Emergency Services Approach to Regulatory Functions Version 2  

 

This item was considered by the Policy and Legislation Committee at its meeting on 21 September 2017, the recommendations from which have been included in this report. 

 

PRÉCIS

 

A review of Council Policy 016 Ranger and Emergency Services Approach to Regulatory Functions has been completed. Recommended changes to the policy are minor in nature and do not alter the intent of the original policy. The purpose of this report is to seek the Council’s adoption of the revised policy.

 

BACKGROUND

 

Council Policy 016 Ranger and Emergency Services Approach to Regulatory Functions was adopted by Council on 26 June 2013. As the name suggests the policy sets out the City’s approach to regulatory functions exercised by Ranger and Emergency Services.

 

The Policy and Legislation Committee has endorsed an ongoing policy review process, whereby individual policies are reviewed with a view to determining their ongoing applicability along with standardisation and reduction. This report presents the review of Council Policy 016.

 

STATUTORY ENVIRONMENT

 

In accordance with section 27(2)(b) of the Local Government Act 1995 (the Act), it is the role of the Council to determine the local government’s policies. The Council does this on the recommendation of a Committee it has established, the Policy and Legislation Committee, in accordance with section 5.8 of the Act.

 

RELEVANT PLANS AND POLICIES

 

This policy supplements and supports Council’s Enforcement and Prosecutions Policy (015) as adopted by Council on 9 August 2017.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with the adoption of this policy.

 

Long-term Financial Plan Implications

 

There are no Long Term Financial Plan implications associated with the adoption of this policy.

 

STRATEGIC COMMUNITY OBJECTIVES

 

Key Goal Area

6 Leadership: visionary, collaborative and accountable.

 

Community Objective

6.1: governance systems, processes and practices are responsible, ethical and transparent.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the Officer Recommendation has been undertaken using the City’s risk assessment framework. There are no significant risks identified.

 

CONSULTATION

 

The review of the policy is a routine administrative process to ensure it remains applicable and relevant which it does. Changes to the original policy are minor in nature and do not alter the intent of the original policy. A copy of the version 1 of the policy showing track changes for version 2 is attached (Attachment A).

 

OFFICER COMMENT

 

It is seen as appropriate that the Council adopts and maintains a policy that sets out the City’s objectives and intent with respect to its regulatory functions. These are important functions for the City, our residents and visitors to the District. If these functions were not undertaken in a professional manner, or at all, there may be negative consequences.

 

It is important that the City sets out how and why these functions are being exercised, and communicates that to the community as a whole, as well as individual members of the public. Adoption of the policy would play a significant part in doing that.

 

CONCLUSION

 

The policy would provide for the continuation of a transparent, consistent, accountable and respectful approach to the exercising of regulatory functions by Rangers and Emergency Services, and it is recommended that the Council formally adopts the policy as attached to this report (Attachment B).

 

OPTIONS

 

Council may amend or reject the new draft policy.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

If adopted by the Council, version 2 of Council Policy 016 Rangers and Emergency Services Approach to Regulatory Functions would come into immediate effect.


 

 

 

COUNCIL DECISION/COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

C1710/243              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

That the Council adopts version 2 of Council Policy 016 Ranger and Emergency Services Approach to Regulatory Functions as attached (Attachment B)

CARRIED 9/0

En Bloc

 

 


 

Attachment B

 



 

 

 

 

 

 

 

 

 

 


Council                                                                                      24                                                               11 October 2017

10.5           Policy and Legislation Committee - 21/09/2017 - REVIEW OF LOCAL PLANNING POLICY 6B PERCENT FOR ART

SUBJECT INDEX:

Percent for Art - contributions

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

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   Advertised: Percent for Art with marked changes

Attachment b    Summary of Submissions

Attachment c    Final draft: with post advertising changes highlighted  

 

This item was considered by the Policy and Legislation Committee at its meeting on 21 September 2017, the recommendations from which have been included in this report. 

PRÉCIS

 

Council at its meeting 10 May 2017 resolved:

 

1.         Pursuant to clause 5 of Part 2 of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015, proceeds with the amendment to Local Planning Policy 6B Percent for Art Provisions as outlined in Attachment B of this report, further modified through the removal of clause 8.4 and the renumbering of subsequent clauses accordingly;

 

2.         Pursuant to clause 4 of Part 2 of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015, advertises the amendment to Local Planning Policy 6B Percent for Art Provisions; and

 

3.         In parallel with point 2 above, undertakes community consultation to assist in developing new themes/ideas/locations for projects which contributions collected under the Policy in the Busselton and Dunsborough Precincts shall be allocated towards in the future.

 

The Local Planning Policy 6B Percent for Art Provisions (LPP6B), has been circulated for community consultation.  Two community responses were received and are addressed in the report.  No change is recommended as a consequence of the submissions.

 

The Local Planning Policy 6B Percent for Art Provisions (LPP6B) has been modified to provide a framework for consultation, to maintain the purpose of item 3.  The basis for the change is addressed in the report.

 

Council’s approval is sought to adopt the City of Busselton Local Planning Policy 6B Percent for Art Provisions (LPP6B) as modified.

 

BACKGROUND

 

The City of Busselton Local Planning Policy 6B Provisions Provisions (LPP6B) originated in 2008 to enhance the amenity and identity of key public places such as town/village centres, commercial nodes, main streets, entry points, squares, foreshores and parks.

 

The current policy identifies two precincts, the Busselton Precinct and the Dunsborough Precinct, and these are the only project destinations that contributions earned for public art can be directed to.

 

Since then it has become apparent and desirable to also include the destinations of Yallingup and Vasse.  Yallingup Foreshore is an important public place/area and the Vasse Village Centre is now developing into the third town centre in the District.

 

It was also recognised that given the funds derived in the Busselton Precinct were to be directed to the Settlement Art Project, now nearing completion, it is timely to now enable funds to be directed towards other projects, as identified in item 3 of Council’s resolution 10 May 2017.

 

Further to the above considerations, an inconsistency in process was identified, principally the way the contribution is currently derived.  Under the current Policy, proposals with a value greater than $1M are required to make a public art contribution of 1% on the value/cost (which can be delivered either as cash or, more commonly, as on-site works).  This includes multiple dwellings, grouped dwellings, mixed use developments, as forms of dwellings, and in addition to these, contributions are required from commercial, civic, institutional, and educational projects.  Single houses, as one dwelling type, are exempt from making the contribution regardless of value.

 

This presents an unfairness across dwelling ‘types’ rather than on the nature of the land use.  Even affordable housing units as a combined development, may often exceed a value of $1M, and as such require the contribution.  This is, in turn, passed onto the costs to purchaser.

 

The inconsistency also manifested itself in the structure of a development.  This is highlighted when comparing a built residential complex (retirement village), with a park home concept (retirement village).

 

In the case of the park home development, the project value only includes creating the site, notwithstanding the resident may choose from a limited number of the developer’s building types. Technically the new resident brings their own single house, and as such the value of the house is exempt from the public art contribution.  Alternatively a retirement village complex, which constructed the dwelling that was then purchased, has to pass on the public art contribution into the value/purchase price of the dwelling.

 

STATUTORY ENVIRONMENT

 

Part 2 - Local Planning Framework of Schedule 2 - Deemed provisions for local planning schemes of the Planning and Development (Local Planning Schemes) Regulations 2015 enables the City to make, amend and/or repeal a local planning policy.

 

The procedure of amending a local planning policy requires, if the amendment is not considered minor, advertising in accordance with the procedure described in clause 4 of Part 2.  It requires advertising of the proposed policy (or amendment) for a period of not less than 21 days via notice in a newspaper circulating within the Scheme area.

 

At the conclusion of the advertising period the Council may resolve to -

 

(i)            proceed with the policy without modification; or

(ii)           proceed with the policy with modification; or

(iii)          not to proceed with the policy.

 

The amendment to the City of Busselton Local Planning Policy 6B Percent for Art Provision is not considered to be a minor amendment as it affects new locations and changes the eligibility requirements for certain development.

 


 

RELEVANT PLANS AND POLICIES

 

City of Busselton Local Cultural Planning Strategy 2011

 

The City of Busselton adopted a Local Cultural Planning Strategy (LCPS) on 24 August 2011, which was then noted by the Western Australian Planning Commission on 25 May 2012.  The aim of the strategy is to conserve the key cultural elements of the City's towns and rural areas and to maintain these elements over time.

 

The LCPS forms a component of the City's local planning framework and is a strategic tool informing the development and interpretation of the Local Planning Strategy.  Due regard to the Strategy's recommendations is to be given in making planning decisions as well as policy formulation and review.

 

The City of Busselton Local Planning Policy 6B Percent for Art Provisions is a practical mechanism that delivers, at the determination of a development application, the intent of the City of Busselton Local Cultural Planning Strategy 2011. The proposed amendment is consistent with the intent of the Strategy.

 

State Planning Policy 3.6 Development Contributions for Infrastructure

 

The policy provides that local governments should have the capacity to recoup infrastructure costs by way of provisions in local planning schemes.  It provides that local government must have a methodical approach based on determined catchments and allocation of costs to meet the needs of the catchment.

 

The City of Busselton Local Planning Policy 6B Percent for Art Provisions is not encompassed in the scope of the State Planning Policy; but it does reflect a consistent approach with its methodology, particularly, to identify catchments and return expenditure to those catchments, and in providing certainty for the purpose of the contribution.  It should also be noted that the Percent for Art Provisions Policy provides the option of providing art on site or making a financial contribution to a project within the locality/catchment.

 

An important consideration about any local planning policy, and it is required to be acknowledged (cl. 4(1)(b)), is that it must not be in conflict or contravene a State planning policy.  The City of Busselton Local Planning Policy 6B Percent for Art Provisions is not inconsistent with a State planning policy.

 

FINANCIAL IMPLICATIONS

 

The proposed amendments to the Policy will result in changes to the manner in which the Percent for Art Provisions contributions are collected and distributed. It is considered that the changes to the eligible development are in keeping with previous decisions made by the Council in relation to similar applications and, therefore, the amount of contributions collected will not alter; however, the provisions within the Policy will provide clarity for developers.

 

Long-term Financial Plan Implications

 

No significant implications.

 

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 level. No such risks have been identified.

 

CONSULTATION

 

The amendment to Local Planning Policy 6B Percent for Art Provisions was advertised from 24 May 2017 to 15 June 2017.

 

Advertisement was placed in a newspaper circulating the City of Busselton’s Scheme area, which is the same as the City of Busselton municipal area.

 

Two submissions were received during this time, they have been summarised in Attachment B.

 

1.    Yallingup Art Group - support

 

2.    Toby's Inlet Estate Pty Ltd – in the situation of a retirement village, it is opposed to the calculation of the liability based upon the commercial component and associated works, but supports changes to not apply percent for art requirements to the residential component.

 

OFFICER COMMENT

 

The key features of the amendment to the Local Planning Policy 6B Percent for Art Provisions are:

 

1.         Changing the precinct boundary to include an area corresponding with the townships of Vasse and Yallingup – displayed ion a map;

 

It is considered appropriate in allowing funds collected in Vasse to be spent on projects within the Village Centre.  It is anticipated that would be done in partnership with the Vasse Joint Venture developers, and if a clear strategy were articulated, it may assist in encouraging the developers of individual sites to meet their Percent for Art Provisions obligations via the cash-in-lieu option, and deliver an integrated and high quality approach to public art in the Village Centre.

 

2.         Clarifying the requirement for public arts contribution; and

 

All development greater than $1M is subject to contribution except for, permanently occupied residential development extractive industry, and agriculture production.  Commercial activities/service, associated with an exempted item will be required to make a contribution.  The purpose is to treat all dwelling types equally.

 

3.       Clarifying the requirement for retirement villages.

 

The Public Art Contribution Rate is now to be based on the overall development value excluding the cost of the dwellings as a building.  All costs attributed to providing the lot or site for the dwelling to be placed or constructed upon is included

 

A concern was expressed by Toby's Inlet Estate Pty Ltd on this aspect and in particular that the associated works and infrastructure, was complicated to calculate and would deter the provision of high standard works that may contribute to the overall amenity.  It has requested that the provision be narrowed to remove the reference to the calculation being based on supporting infrastructure works.

The intent of this provision is to treat, equally, a park home type retirement village with that of a constructed retirement village.  With a park home retirement village, the capital cost is the communal facilities and the infrastructure to create the lots for the park home to be located upon.  A constructed retirement village instead has the communal facilities, infrastructure to create the sites plus the construction cost of the dwellings.  The policy response, in this amendment, is to discount the value of the dwelling and the infrastructure that supports its placement; to place all dwellings on the same obligation.

 

Whilst it is agreed that the policy will be difficult to calculate, this difficulty nonetheless does not outweigh the merit of treating all retirement villages, and all dwellings, evenly.

 

4.    A framework for identifying future projects for contributions to be allocated.

 

The Council resolution 10 May2017 identified at item 3

 

“In parallel with point 2 above, undertakes community consultation to assist in developing new themes/ideas/locations for projects which contributions collected under the Policy in the Busselton and Dunsborough Precincts shall be allocated towards in the future.”

 

A concurrent identification of specific themes through community consultation has not been undertaken at this time. 

 

The process of determining the themes and canvassing the community will be iterative and take time.  The Local Planning Policy 6B Percent for Art Provisions has been separated to proceed, ahead of nominating specific themes and projects, because of the immediate need to provide clarification to the development industry on the requirement for contribution.

 

To maintain the purpose of Council’s resolution, 10 May 2017, the provisions addressing the allocation of contributions has been clarified.  It now includes the ability for the City to nominate specific themes and projects from time to time following consultation with the community. Attachment C, Final draft, includes the changes made post Advertising, in highlighted text.  The changes maintain the Council’s intent for the policy.

 

CONCLUSION

 

The proposed changes will improve consistency and fairness in the manner in which the contributions are applied.

 

It establishes an arrangement for community involvement prioritising public artwork and it recognises the value of placing art in the City’s town centres, to include Vasse and Yallingup.

 

OPTIONS

 

The Council may choose to:

1.   Proceed with the policy without modification; or

2.   Proceed with the policy with modification; or

3.   Not proceed with the policy.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

A notice of the amendment will be published within four weeks of Council’s decision to proceed with the amendment.  No further notifications are required.

 

The amendment will be made available the day following Councils resolution and will be published on the website within two weeks of the resolution.

 

COUNCIL DECISION/COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

C1710/244              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

That the Council –

1.            Pursuant to clause 4(1)(b) is of the opinion that the amendment to Local Planning Policy 6B                 Percent for Art Provisions is not inconsistent with a State planning policy.

2.            Pursuant to clause 4(3) of the Deemed Provisions of the Planning and Development (Local                 Planning Schemes) Regulations 2015, having considered the submissions received,                 (Attachment B) resolves to proceed with the amendment to Local Planning Policy 6B Percent                 for Art Provisions, as provided in Attachment C of this report;

3.            Pursuant to clause 4(4) of the Deemed Provisions of the Planning and Development (Local                 Planning Schemes) Regulations 2015, resolves to publish a notice of the amendment to Local                 Planning Policy 6B Percent for Art Provisions, in a newspaper circulating in City of Busselton                 Scheme area; and

4.            Pursuant to 4(6) of the Deemed Provisions of the Planning and Development (Local Planning                 Schemes) Regulations 2015, resolves to make a copy available for public inspection during                 business hours, and publish it on its website.

CARRIED 9/0

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Council                                                                                      44                                                               11 October 2017

11.             Planning and Development Services Report

11.1           LOCAL EMERGENCY MANAGEMENT ARRANGEMENTS

SUBJECT INDEX:

Emergency Management

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Ranger & Emergency Services

REPORTING OFFICER:

Ranger & Emergency Services Coordinator - Ian McDowell

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Local Emergency Management Arrangements (September 2017)

Attachment b    Appendix 3 Special Needs Groups, City Events, & Critical Infrastructure Lists (Redacted Copy)

Attachment c    Appendix 4 Emergency Contacts & Resources Directory (Redacted Copy)

Attachment d   Appendix 6 Local Evacuation Plan  

  

PRÉCIS

 

It is a requirement of the Emergency Management Act 2005 for a local government to ensure that effective local emergency management arrangements are prepared and maintained for its district.

 

The City has reviewed its local emergency management arrangements and is now proposing Council endorsement of the following documents:

 

a.    Local Emergency Management Arrangements (LEMA) (Attachment A);

b.    Special Needs Groups, City Events & Critical Infrastructure Lists (Appendix 3 of the LEMA) (Attachment B);

c.     Emergency Contacts & Resources Directory (Appendix 4 of the LEMA) (Attachment C); and

d.    Local Evacuation Plan (Appendix 6 of the LEMA) (Attachment D).

 

BACKGROUND

 

The term local emergency management arrangements (LEMA) refers to the collection of all of the emergency management documentation, systems, processes, agreements and memorandums of understanding which affect the local government district. The LEMA are the overarching document and associated plans that the local government is responsible for developing, maintaining and testing.

 

The previous version of the City’s LEMA was endorsed by the Council in June 2007 and was last amended in May 2010. It is recommended that a full review of the LEMA is carried out every five years. The City has completed its review of the LEMA for its District and is now seeking Council endorsement of the revised LEMA and associated Appendices.

 

STATUTORY ENVIRONMENT

 

Pursuant to section 36(a) of the Emergency Management Act 2005 (the Act), it is a function of local government, subject to the Act, to ensure that effective local emergency management arrangements are prepared and maintained for its district.

 

Pursuant to section 38(1) of the Act, a local government is to establish one or more local emergency management committees for the local government’s district.

 

Pursuant to section 39 of the Act, the functions of a local emergency management committee are, in relation to its district:

 

a.    to advise and assist the local government in ensuring local emergency management arrangements are established for its district; and

b.    to liaise with public authorities and other persons in the development, review and testing of local emergency management arrangements.

 

RELEVANT PLANS AND POLICIES

 

The City of Busselton LEMA have been reviewed and revised in accordance with the State Emergency Management Local Emergency Management Arrangements Guideline and Model (the Guideline).

 

The Guideline suggests the following design for a modular LEMA:

 

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with the Officer Recommendations of this report or with the LEMA.

 

Long-term Financial Plan Implications

 

There are no Long Term Financial Plan implications associated with the Officer Recommendations of this report or with the LEMA.

 


 

STRATEGIC COMMUNITY OBJECTIVES

 

Key Goal Area

6 Leadership: visionary, collaborative and accountable.

 

Community Objective

6.1: governance systems, processes and practices are responsible, ethical and transparent.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the Officer Recommendation has been undertaken using the City’s risk assessment framework. There are no identified risks associated with the implementation of the Officer Recommendation.

 

The only risk is if the City does not have current LEMA in which case it would be non-compliant with its statutory obligations under the Act, and may suffer reputational harm should a major incident occur within its district.

 

CONSULTATION

 

The LEMA have been developed by the City in consultation with the Local Emergency Management Committee (LEMC). The LEMC endorsed the LEMA at its meeting dated 5 September 2017.

 

The LEMC membership comprises:

 

·    Two elected members of the Council (currently Cr Grant Henley, and Cr Robert Reekie)

·    The Local Emergency Coordinator (WAPOL) as appointed by the State Emergency Coordinator (the Commissioner of Police)

·    The Local Recovery Coordinator as appointed by the City

·    The following representatives as appointed by the City:

Manager Environmental Services

Environmental Health Coordinator

Airport Operations Coordinator

Chief Bush Fire Control Officer

·    Representatives from the following emergency management agencies, welfare support agencies or non-government organisations, and other industry agencies and organisations:

Department of Fire and Emergency Services (DFES) – Fire and Rescue Service

DFES – State Emergency Services (SES)

DFES – Volunteer Marine Rescue (VMR)

St John Ambulance

Agriculture and Food (Department of Primary Industries and Regional Development)

Child Protection and Family Support (Department of Communities)

Department of Transport

Parks and Wildlife Services (Department of Biodiversity, Conservation and Attractions)

WA Country Health Service – South West

ATCO Gas

Busselton Water

NBN Co

Telstra

Water Corporation

Western Power

 

All of the agencies listed above were provided with copies of the draft LEMA and associated appendices and those agencies were provided with an opportunity to provide feedback. Draft copies were also provided to the Office of Emergency Management – District Emergency Management Advisor, South West.

 

Where appropriate, agency feedback has been incorporated into the draft documents as attached to this report. Consultation with the agencies and organisations listed above satisfies the requirements of the Act (s.39(b)).

 

OFFICER COMMENT

 

Composition of the LEMA

 

The format of the draft LEMA is based on the model recommended by the State Emergency Management Local Emergency Management Arrangements Guideline and is considered industry best practice. The City’s LEMA comprises the following:

 

1.    Local Emergency Management Arrangements (September 2017): this is the overarching document and is attached to this report (Attachment A) and is proposed for endorsement by the Council.

2.    City of Busselton Localities Map: Appendix 1 of the LEMA and included in the main body of the LEMA.

3.    Local Emergency Management Structure: Appendix 2 of the LEMA and included in the main body of the LEMA.

4.    Special Needs Groups, Events and Critical Infrastructure Lists: Appendix 3 of the LEMA and attached to this report (Attachment B) and is proposed for endorsement by the Council. Parts of this document contain confidential contact details including mobile numbers that are not available for public distribution. The attached copy has been redacted to remove those confidential details.

5.    Emergency Contacts and Resources Directory: Appendix 4 of the LEMA and attached to this report (Attachment C) and is proposed for endorsement by the Council. The attached copy is also a redacted copy for the same reasons as those listed above.

6.    Local Emergency Management Plan for the Provision of Welfare Support: Appendix 5 of the LEMA. This report is owned and maintained by Child Protection and Family Support within the Department of Communities. It was adopted by the LEMC in September 2010 and last updated in May 2015.This appendix is not attached to this report as it does not require Council’s endorsement.

7.    Local Evacuation Plan: Appendix 6 of the LEMA and attached to this report (Attachment D) and is proposed for endorsement by the Council.

8.    Emergency Management Recovery Plan: Appendix 7 of the LEMA and dated April 2014. This appendix is not attached to this report as it was endorsed by Council in April 2014 and will be and is next due for review, and subsequent endorsement by Council, in 2018.

 

The City also intends to develop an Animal Welfare Plan that will form Appendix 8 of the LEMA. The intent of the Animal Welfare Plan is to provide guidance to City staff, Hazard Management Agencies, and Combat and Support Agencies to assist the community with the care and management of domestic animals and wildlife during an emergency within our District. The development of an Animal Welfare Plan is optional and as such, its development should not delay the proposed endorsement of the LEMA and associated Appendices.

 


 

The Approvals Process

 

The suite of documents (LEMA) must be endorsed by the LEMC and the Council, and then noted by the District Emergency Management Committee (DEMC) and State Emergency Management Committee (SEMC), before the City is deemed compliant with the requirements of the EM Act and Policy.

 

The LEMC endorsed the LEMA at its meeting on 5 September 2017. The next meeting of the DEMC will be on 25 October 2017. The City is proposing endorsement of the LEMA and associated appendices by the Council at this meeting to enable the documents to be presented to the DEMC on 25 October 2017.

 

CONCLUSION

 

It is a statutory requirement for the City to ensure effective local emergency management plans are prepared and maintained for its District. In accordance with State Emergency Management Procedure 8, LEMA (including Recovery Plans) are to be reviewed in their entirety every five years.

 

In consultation with the LEMC, the City has conducted a complete review of the LEMA for its District and has developed a revised draft document in accordance with the format recommended by the State Emergency Management Guidelines. The review has included the development of the Special Needs Groups, City Events and Critical Infrastructure Lists (Appendix 3); the Emergency Contacts and Resources Directory (Appendix 4); and the Local Evacuation Plan (Appendix 6).

 

This report proposes endorsement of the LEMA (including Appendices 1 and 2 which are incorporated in the main document) and Appendices 3, 4 and 6 of the LEMA.

 

OPTIONS

 

The Council may amend or not support the Officer Recommendation. Council may also recommend changes to the LEMA and its associated Appendices as long as those changes do not result in the City failing to meet its statutory obligations under the Act or State Emergency Management Policy and Procedures.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Following endorsement by the Council, it is proposed to present the LEMA to the DEMC for noting on 25 October 2017. If the LEMA is not presented to the DEMC on 25 October 2017, the next DEMC meeting is not scheduled until early 2018.

 

COUNCIL DECISION/COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

C1710/245               Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

That the Council endorses the following documents:

 

1.     Endorses the draft Local Emergency Management Arrangements (September 2017) as attached to this report (Attachment A);

2.     Endorses the draft Special Needs Groups, City Events and Critical Infrastructure Lists as attached to this report (Appendix 3 of the LEMA) (Attachment B);

3.     Endorses the draft Emergency Contacts and Resources Directory as attached to this report (Appendix 4 of the LEMA) (Attachment C);

4.     Endorses the draft Local Evacuation Plan as attached to this report (Appendix 6 of the LEMA) (Attachment D); and

5.     Notes copies of the draft Special Needs Groups, City Events and Critical Infrastructure Lists (Attachment B), and the draft Emergency Contacts and Resources Directory (Attachment C) are redacted copies following the removal of confidential contact information.

CARRIED 9/0

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Council                                                                                      52                                                               11 October 2017

15.             Chief Executive Officer's Report

15.1           COUNCILLORS' INFORMATION BULLETIN

SUBJECT INDEX:

Councillors Information

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Executive Services

ACTIVITY UNIT:

Governance Services

REPORTING OFFICER:

Reporting Officers - Various   

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Planning Applications Received  

Attachment b    Planning Applications Determined  

Attachment c    State Administrative Tribunal Appeals  

Attachment d   WALGA  August/September Summary  

  

PRÉCIS

 

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

 

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

 

INFORMATION BULLETIN

15.1.1    Planning and Development Statistics

 

Planning Application

 

Attachment A is a report detailing all Planning Applications received by the City between 1 September, 2017 and 15 September, 2017. 32 formal applications were received during this period.

 

Attachment B is a report detailing all Planning Applications determined by the City between 1 September, 2017 and 15 September, 2017. A total of 29 applications (including subdivision referrals) were determined by the City during this period with 29 approved / supported and 0 refused / not supported.

 

Attachment C is a list showing the current status of State Administrative Tribunal Appeals involving the City of Busselton as at 15 September, 2017.

 

Scheme Amendments

 

Scheme Amendment No. 10

The above scheme was published in the Western Australian Government Gazette on 1st September 2017.

 

The purpose of this amendment is to amend the Scheme Text introduce a requirement to obtain development approval for development comprising Re-purposed dwellings and Second-hand dwellings.

Scheme Amendment No. 23

 

The above scheme was published in the Western Australian Government Gazette on 1st September 2017.

 

The purpose of this amendment is to Rezoning of Lot 9507 Layman Road, Geographe.

15.1.2    WALGA August/September Summary

 

Attachment D shows the WALGA State Council and Zone Agenda Summary and Recommendations.

 

COUNCIL DECISION AND OFFICER RECOMMENDATION

C1710/246              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

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

·    15.1.1              Planning and Development Statistics

·    15.1.2              WALGA August/September Summary

 

 

CARRIED 9/0

En Bloc

  

 


 

12.             Engineering and Works Services Report

Nil

13.             Community and Commercial Services Report

Nil

14.             Finance and Corporate Services Report

Nil


 

10.6           Policy and Legislation Committee - 21/09/2017 - MEELUP REGIONAL MANAGEMENT COMMITTEE GOVERNANCE ARRANGEMENTS

SUBJECT INDEX:

Council and Committee Meetings

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Finance and Corporate Services

ACTIVITY UNIT:

 Governance 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   Meelup Regional Park Management Committee Governance arrangements and terms of reference - Tracked Changes

Attachment b    Meelup Regional Park Management Committee Governance arrangements and terms of reference  

 

This item was considered by the Policy and Legislation Committee at its meeting on 21 September 2017, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The purpose of this report is to further review the Governance Arrangements of the Meelup Regional Park Management Committee that were last reviewed by Council on 28 June 2107. At this time, the Council reviewed the Terms of Reference of the Committee as well as the Governance Arrangements in place for this Committee.

 

The Governance Arrangements need to be further reviewed as it has been established that the Council cannot delegate the function of appointing a Committee member as it conflicts with the Local Government Act 1995  - Delegations cannot be made where a decision is required to be made by Council by an Absolute Majority which is the case for appointing members of a Committee. The opportunity has also been taken to further review the level of staff involvement in the selection process.

 

BACKGROUND

 

The purpose of the Meelup Regional Park Management Committee is to :

 

2.1          Purpose

 

2.2          To assist the Council in managing and promoting Meelup Regional Park.

 

2.3          To ensure that the full range of issues relevant to the making of decisions about the         management and promotion of the Park are considered, including environmental, amenity,              recreational, community, social, economic and financial considerations.

 

2.4          To build and maintain productive working relationships between the Council, City officers,            volunteers and users of the Park, as well as other stakeholders.

 

The Policy & Legislation Committee at its meeting on 17 August 2017 considered revised Governance Arrangements for the Meelup Regional Park Management Committee but felt that further changes were necessary and as a consequence deferred the matter for further consideration.

 

In accordance with normal practice, Council recently reviewed the Terms of Reference of Council’s Standing Committees established under the Local Government Act 1995. In addition, Council also reviewed the Governance Arrangements for the Meelup Regional Park Management Committee.

 

At the Council meeting held on 28 June 2107, Council resolved (in part) as follows:

 

Resolution: C1706/152

That the Council:

Adopts the revised Governance Arrangements for the Meelup Regional Park Management

Committee as shown in Attachment K;

 

The contents of the Governance Arrangements were reviewed with a view to making the contents more streamlined. One particular change made at the June 2017 meeting relating to appointment of members of the community to the committee  and stated at paragraph 5 & 6:

 

5.            The Mayor, the Presiding Member of the Committee and the Chief Executive Officer or Chief        Executive Officer’s nominee shall meet again to assess the expressions-of- interest that have            been received, identify and agree the preferred candidates to fill one or more of the                positions that are vacant at that time and are authorised to make the appointment to the         Committee.

 

6.            If there are still vacant positions following the completion of the process set out above, the          Mayor, the Presiding Member of the Committee and the Chief Executive Officer or Chief        Executive Officer’s nominee are authorised to identify suitable members of the community           with relevant qualifications and / or interest and invite them to submit an expression of               interest and if acceptable, make the appointment to the Committee.

                It was subsequently ascertained that as a Standing Committee of Council, Council was     required to make the appointment  - hence the need to change the Governance            Arrangements back to the way they previously were worded.

 

Attachment K referred to above in the Council resolution is now provided as Attachment B to this report and which is subject to tracked changes.

 

The August report proposed to modify the Governance Arrangements (to revert back to the original position regarding member appointments and staff involvement in the process) noting that the Council must make the appointment of members to this committee as this action cannot be delegated. Other changes to the Governance Arrangements are consistent with the Act.

 

In acknowledging the above, the Committee at it August meeting also thought that the Mayor should not be involved in the early part of the selection process as the Mayor would by necessity, be involved in the final decision making process as part of a Council decision.

 

STATUTORY ENVIRONMENT

 

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

 

Separately, Section 5.10 and 5.11A of the LG Act relates to the appointment of Committee members and Deputy Committee members.

 


 

Part 2 of the Standing Orders Local Law relates to the establishment and membership of Committees.  Specifically, a Council resolution to establish a committee under section 5.8 of the Act is to include –

(a)           the terms of reference of the committee;

(b)          either –

-              the names or titles of the members, employees and any other persons to be appointed to             the committee; or

-              the number of members, officers and any other persons to be appointed to the committee           and a provision that they be appointed under a separate resolution; and

(c)           details of the delegation of any powers or duties to the committee under section 5.16 of the        Act.

 

The Terms of Reference of the Meelup Regional Park Management Committee were modified at the June 2017 Council meeting and no further changes are proposed.

 

RELEVANT PLANS AND POLICIES

 

Appointing members of the Council to Committees is subject to the provisions of the Local Government Act as detailed above.

 

FINANCIAL IMPLICATIONS

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

Strategic Plan Key Goal Area 6

6.1          Governance systems, processes and practices are responsible, ethical and transparent.

 

RISK ASSESSMENT

 

No risks have been identified with the contents this report.

 

CONSULTATION

 

No consultation is required as the Council needs to comply with the requirements of the Local Government Act.

 

OFFICER COMMENT

 

A review of the Terms of Reference of the Meelup Regional Park Management Committee was conducted in June 2107. At the same time, changes were proposed to be made to the Governance Arrangements of the Management Committee.

 

One of the changes made to the Governance Arrangements was the way in which community members are appointed to the Committee. On further review the change was found not to be consistent with the Act and needed to be reversed to be compliant with the requirements of the Act.

The need for the change was accepted by the Committee but the Committee agreed that further changes were necessary to reduce the involvement of the Mayor in the early part of the selection process as the Mayor would by necessity, be involved in the final decision making process as part of a Council decision.

 

Proposed changes to the Governance Arrangements have reflected in the “tracked changes” version of the document – see Attachment B.

 

CONCLUSION

 

Consistent with best practice, it is beneficial to review the operation of the City’s main Committees in order to maximise efficiencies and ensure best outcomes. A further review of the Governance Arrangements of the Meelup Regional Park Management Committee has been conducted and proposed changes are presented to Council for consideration.

 

OPTIONS

 

The  Committee may resolve to not accept the proposed changes to the Governance Arrangements or make other changes.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The decision will become effective immediately after it has been adopted by Council.

 

COUNCIL DECISION/COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

C1710/247              Moved Councillor T Best, seconded Councillor P Carter

 

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council adopts the revised Governance Arrangements for the Meelup Regional Park Management Committee as shown in Attachment B.

CARRIED 9/0

 

 


 

Attachment B

 


 

 

 

 

 

 


Council                                                                                      55                                                               11 October 2017

10.7           Policy and Legislation Committee - 21/09/2017 - REVIEW OF TERMS OF REFERENCE FOR THE LOCAL EMERGENCY MANAGEMENT COMMITTEE, AND THE BUSH FIRE ADVISORY COMMITTEE

SUBJECT INDEX:

Council and Committee Meetings

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Ranger & Emergency Services

REPORTING OFFICER:

Ranger & Emergency Services Coordinator - Ian McDowell

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Revised Proposed Terms of Referenced for the Local Emergency Management Committee

Attachment b    Revised Proposed Terms of Reference for the Local Emergency Management Committee (showing track changes)

Attachment c    Revised Proposed Terms of Reference for the Bush Fire Advisory Committee

Attachment d   Revised Proposed Terms of Reference for the Bush Fire Advisory Committee (showing track changes)  

 

This item was considered by the Policy and Legislation Committee at its meeting on 21 September 2017, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The purpose of this report is to request the Council to adopt the revised proposed Terms or Reference for the Local Emergency Management Committee (LEMC), and the Bush Fire Advisory Committee (BFAC).

 

BACKGROUND

 

The Terms of Reference of the LEMC and the BFAC have been reviewed and where necessary revised.

 

The Terms of Reference for these committees are now in the standard Council format consistent with other Committees of Council.

 

STATUTORY ENVIRONMENT

 

Local Emergency Management Committee

 

Pursuant to section 38 of the Emergency Management Act 2005 (the EM Act) a local government is to establish one or more local emergency management committees for the local government’s district. The City has established one LEMC for its District: the City of Busselton Local Emergency Management Committee.

 

The establishment of the LEMC is a statutory requirement of the EM Act.

 

Section 39 of the EM Act sets out the following functions of the LEMC, in relation to the district for which it is established:

 

a.    to advise and assist the local government in ensuring that local emergency management arrangements are established for its district;

b.    to liaise with public authorities and other persons in the development, review and testing of local emergency management arrangements; and

c.     to carry out other emergency management activities as directed by the State Emergency Management Committee (SEMC) or prescribed by the regulations.

 

Bush Fire Advisory Committee

 

Pursuant to section 67 of the Bush Fires Act 1954 (the BF Act), a local government may at any time appoint such persons as it thinks fit as a bush fire advisory committee for the purpose of advising the local government regarding all matters relating to the preventing, controlling and extinguishing of bush fires, the planning of the layout of fire-breaks in the district, prosecutions for breaches of the BF Act, the formation of bush fire brigades and the grouping thereof under group brigade officers, the ensuring of cooperation and coordination of bush fires brigades in their efforts and activities, and any other matter relating to bush fire control whether of the same kind as, or a different kind from, those specified in this subsection.

 

A committee established under this section of the BF Act shall include a member of the council of the local government nominated by it for that purpose.

 

In respect to a committee so appointed, the local government shall fix the quorum for the transaction of business at meetings and may:

 

a.    make rules for the guidance of the committee;

b.    accept the resignation in writing, or remove, any member of the committee; and

c.     where for any reason a vacancy occurs in the office of a member of the committee, appoint a person to fill that vacancy.

 

It is the decision of the local government as to whether or not it establishes a BFAC.

 

RELEVANT PLANS AND POLICIES

 

Appointing members of the Council to committees is subject to the requirements of Council Policy 014 – Convening the Council Following an Election. Both the LEMC and BFAC contain members of the Council in their committee membership.

 

A Special Meeting of the Council shall be convened for this purpose and whenever possible it shall occur on the Monday evening immediately following the ordinary Election Day. The proceedings shall commence with the “Swearing In” ceremony for new Councillors to be followed by the Special Meeting for the election of the Mayor and Deputy Mayor and consideration of membership of the Council’s Committee’s and the appointment of Council delegates to other various groups.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with the adoption of the Terms of Reference of the LEMC or BFAC.

 

Long-term Financial Plan Implications

 

There are no Long Term Financial Plan implications associated with the adoption of the Terms of Reference of the LEMC or BFAC.

 


 

STRATEGIC COMMUNITY OBJECTIVES

 

Key Goal Area

6 Leadership: visionary, collaborative and accountable.

 

Community Objective

6.1: governance systems, processes and practices are responsible, ethical and transparent.

 

RISK ASSESSMENT

 

An assessment of the potential implication of implementing the Officer Recommendation has been undertaken using the City’s risk assessment framework.

 

Risk

Controls

Consequence

Likelihood

Risk Level

Committees consider matters outside of their scope or committee members fail to recognise interests

Provision of advice and officer attendance at LEMC and BFAC meetings

Minor

Possible

Medium

 

CONSULTATION

 

It is standard governance for committees to have terms of reference to establish their areas of responsibility and powers. The Terms of Reference for the LEMC and BFAC seek to define those matters in a manner consistent with the functions of those committees as established by the City under the appropriate Acts.

 

The Terms of Reference for the LEMC (Attachment A) were presented to, and endorsed by the LEMC at its meeting on 5 September 2017.

 

The Terms of Reference for the BFAC (Attachment C) were presented to, and endorsed by the BFAC at its meeting on 12 September 2017

 

OFFICER COMMENT

 

Local Emergency Management Committee

 

The Terms of Reference for the LEMC have been reviewed and reformatted to the City’s current standard format for terms of reference.

 

The LEMC is a mandatory committee established under the EM Act, and is likely to be ongoing in nature for the foreseeable future. In line with the recent review of Committees of Council in June 2017, reference to the LEMC having a termination date have been removed from the terms of reference. This will avoid the practice of re-establishing the LEMC every two years. It is noted there is no statutory requirement for the life of the LEMC to be contained in the terms of reference. The termination relates to membership of the LEMC, not the LEMC itself.

 

Other changes are shown in the “tracked changed” copy of the LEMC Terms of Reference as attached (Attachment B). These include:

 

·    Inclusion of the Local Emergency Coordinator (as appointed by the State Emergency Coordinator (the Commissioner of Police) as a member of the committee as required by section 37 of the EM Act; and

·    Revision of the membership list including specifying recent name changes for some State Government Departments.

 

Bush Fire Advisory Committee

 

The Terms of Reference for the BFAC have been reviewed and reformatted to the City’s current standard format for terms of reference.

 

The BFAC is likely to be ongoing in nature for the foreseeable future and reference to the BFAC having a termination date has been removed. This will avoid the practice of re-establishing the BFAC every two years. It is noted there is no statutory requirement for the life of the BFAC to be contained in the terms of reference. The termination relates to membership of the BFAC, not the BFAC itself.

 

Other changes are shown in the “tracked changed” copy of the LEMC Terms of Reference as attached (Attachment D). These include:

 

·    Nominating representatives of the Department of Fire and Emergency Services (DFES) and the Department of Biodiversity, Conservation and Attractions (DBCA) as ‘advisory members’ with no voting rights, rather than members of the committee with voting rights. This change was suggested by DFES and had the full support of DBCA and the BFAC Committee. Both DFES and DBCA see their role as one of only providing professional advice and guidance to the Committee.

·    Specifying the process and timeframe for election of the presiding member;

·    Appointment of the City’s Community Emergency Services Manager (CESM) as the executive officer for the BFAC.

·    Changing the quorum for the Committee from 50% of members to 40% in line with the Local Emergency Management Committee (LEMC).

 

CONCLUSION

 

Consistent with best practice, it is beneficial to review the operation of the LEMC and BFAC in order to maximise efficiencies and ensure best outcomes. A periodic review of the Terms of Reference for these committees will ensure this is achieved and maintained.

 

OPTIONS

 

The Council may amend the Terms of Reference for the LEMC (Attachment A).

 

The Council may determine it does not require the BFAC, or may amend the Terms of Reference for the BFAC (Attachment C).

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

If adopted by the Council the Terms of Reference for the LEMC and BFAC will come into immediate effect.


 

 

COUNCIL DECISION AND COMMITTEE RECOMMENDATION

C1710/248              Moved Councillor P Carter, seconded Councillor J McCallum

 

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council adopts the revised proposed Terms of Reference for:

 

1.            The Local Emergency Management Committee (LEMC) as shown in Attachment A with the                 change to point 3.0 Membership of LEMC as follows:

 

                •             Two elected members, being the Mayor and Deputy Mayor, shall be appointed to                                 the Committee by the Council.

 

                •             One deputy elected member shall be appointed to the Committee by the Council;                                 and

2.            The Bush Fire Advisory Committee (BFAC) as shown in Attachment C.

CARRIED 9/0

 

 


 

Attachment A


 


 

 

 

 

 

 

 

 

 

 

 

Attachment C

 

 

 

 



Council                                                                                      66                                                               11 October 2017

10.8           Policy and Legislation Committee - 21/09/2017 - REVIEW OF POLICY 001 - FEES, ALLOWANCES AND EXPENSES FOR ELECTED MEMBERS

SUBJECT INDEX:

Clothing/Corporate Attire

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Finance and Corporate Services

ACTIVITY UNIT:

Governance 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

Attachment b    Revised Policy 001 Fees, Allowances and Expenses for Elected Members - Tracked Changes  

 

This item was considered by the Policy and Legislation Committee at its meeting on 21 September 2017, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The purpose of this report is to consider options in relation to clause 3.1.7.2 relating to Corporate Attire which is part of Policy 001 – Fees, Allowances and Expenses for Elected Members.

 

BACKGROUND

 

             At the Policy and Legislation Committee held on 17 August, 2017 Council considered a revised Policy        001 - Fees, Allowances and Expenses for Elected Members. The Policy was adopted other than       clause 3.1.7.2 of the policy relating to Corporate Attire.

 

At the Council meeting held on 13th September 2017, it was resolved (in part):

 

That Council:

1. …….

2. Consider a further report relating to clause 3.1.7.2 Corporate Attire at a future meeting.

 

Further to this resolution, officers have proposed changes to clause 3.1.7.2 of the Policy to reflect the discussions around the topic from the Committee meeting for consideration by the Policy and Legislation Committee.

 

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.

 

RELEVANT PLANS AND POLICIES

 

This report recommends that Policy 001 - Fees, Allowances and Expenses for Elected Members be updated to take into account informal discussions held at recent Meetings and changes to reflect the appropriate actions.

 

FINANCIAL IMPLICATIONS

 

A budget provision is made in each budget adopted in relation to payment of elected member allowances including provision of equipment and clothing. There are only minor financial implications associated with the changes proposed to the Policy.

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This policy aligns with and supports the Council’s Key Goal Area 6 – ‘Leadership’ and more specifically Community Objective 6.1 – ‘Governance systems, process and practices are responsible, ethical and transparent’.

 

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

 

External consultation is not considered necessary.

 

OFFICER COMMENT

 

Clause 3.1.7.2 of the policy relating to Corporate Attire currently reads as follows:

 

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.

 

At the Policy and Legislation Committee held on 17 August, 2017, the Committee considered a proposal which sought to modify this clause to read as follows:

 

3.1.7.2   Corporate Attire allowance

 

Each elected member is eligible to be provided Corporate Attire with City logo up to the value of the amount provided in the annual budget (currently $750pa), which may include:

Ø Corporate suit (male – Trousers and Jacket)

Ø Corporate suit (female – Skirt, Dress, Pants and Jacket)

Ø Corporate shirts/blouses etc

Ø Casual/Light weight Fleecy Jacket

Ø Polo top

Ø City tie/scarf

Ø Shoes (up to the value of $150)

Ø Dry cleaning and maintenance of Corporate Attire

 

All of the above clothing attire acquisitions (other than shoes) should be acquired through the City’s approved uniform suppliers.

 

As it is likely that on election as an elected member, a full suite of attire will be required soon after being sworn in, the entire allowance is available in the first year (commencing October). In relation to the second and subsequent years following election, the use of the allowance will be limited to two thirds of the allowance for the period October to April and one third of the allowance for the period May to October.

 

 At the August Committee meeting, Councillors requested further options of this clause be presented for further consideration.

 

The differences between the existing and proposed clauses above are as follows:

Ø The amount was reduced as (a) the briefcase or travel case was moved to another section of the policy and (b) other than in the first year of being elected, it was thought that $1,000pa for clothing was not required;

 

Ø The proposed policy provided greater flexibility as to how the allowance could be spent;

 

Ø The proposed policy provided clarity as to what the Corporate uniform consists of; and

 

Ø Clarified that the Corporate suit and shirts would need to be acquired from the City’s Corporate uniform supplier.

 

There are obviously many options that Council could consider when reviewing a policy on this subject. The first issue is whether or not a Corporate Uniform is required. If it is thought appropriate that a Corporate uniform is required the main options are as follows:

 

1.              Make no change to the existing Policy clause as shown above;

2.              Re-consider the clause submitted to the August Policy & Legislation Committee also shown             above;

3.              Assuming that option 2 above was generally acceptable, variations could include:

Ø Increasing the amount in the first year of a term to $1,000 with the allowance for the following 3 years being set at $750; and

 

Ø Having acquired a Corporate suit (usually in the first term), any balance of funds from the allowance could be used to purchase a Business suit of the Councillors preference;

 

Ø Consider, if a Corporate suit is selected, whether or not it should be returned on expiry of office.

 

One option is to base a new clause on the previously proposed clause (considered at the August Policy and Legislation Committee meeting) and further modified taking into account the features described in point 3 above:

 


 

3.1.7.2   Corporate Attire allowance

 

Each elected member is eligible to be provided Corporate Attire with City logo up to an amount of $1,000 in the first year of being elected and an amount of $750 for each successive year.

 

In the first year, the allowance must be used to purchase a Corporate suit with City logo and other attire which may include:

 

Ø Corporate suit (male – Trousers and Jacket)

Ø Corporate suit (female – Skirt, Dress, Pants and Jacket)

Ø Corporate shirts/blouses etc

 

The City would issue the following items of clothing with City logo (at cost and charged against the allowance):

 

Ø Casual/Light weight Fleecy Jacket

Ø Polo top

Ø City tie/scarf

 

Other (and charged against the allowance):

 

Ø Shoes (up to the value of $150)

Ø Dry cleaning and maintenance of Corporate Attire

 

All of the above clothing attire acquisitions (other than shoes) should be acquired through the City’s approved uniform supplier.

 

As it is likely that on election as an elected member, a full suite of attire will be required soon after being sworn in, the entire allowance is available in the first year (commencing October). In relation to the second and subsequent years following election, the use of the allowance will be limited to two thirds of the allowance for the period October to April and one third of the allowance for the period May to October.

 

Any balance of funds may be used to purchase Business suits that are not “Corporate suits”.

 

On expiry of office the Corporate Attire be returned to the City.

 

Alternatively, If Council decides that the use of “Corporate Attire” is no longer appropriate; the clause could be reworded as follows:

 

3.1.7.2   Clothing allowance

 

Each elected member is eligible to be provided a Clothing allowance up to an amount of $1,000 in the first year of being elected and an amount of $750 for each successive year and may be used to purchase:

 

Ø Business suit (male – Trousers and Jacket)

Ø Business suit (female – Skirt, Dress, Pants and Jacket)

Ø Business shirts/blouses etc

 

The City would issue the following items of clothing (at cost and charged against the allowance) with City logo:

 

Ø Casual/Light weight Fleecy Jacket

Ø Polo top

Ø City tie/scarf

 

Other (and charged against the allowance):

 

Ø Shoes (up to the value of $150)

Ø Dry cleaning and maintenance of Clothing

 

As it is likely that on election as an elected member, a full suite of attire will be required soon after being sworn in, the entire allowance is available in the first year (commencing October). In relation to the second and subsequent years following election, the use of the allowance will be limited to two thirds of the allowance for the period October to April and one third of the allowance for the period May to October.

 

Both avenues allow for Elected Members to have access to the clothing allowance to assist in the performance of the various functions as required by the role. The first option where Elected Members can acquire a City Logo branded formal business attire allows the opportunity for members to be highly recognisable at formal functions and portray a uniform look during events. There would be some benefit to this approach as Elected Members would be easily recognisable by other attendees of events and the opportunity would exist for Elected Members to engage with a large variety of people as the formal representative of the Council.  A Corporate uniform is also a strong visual aid to demonstrate a ‘team’ approach to business.

 

The second option would allow for Elected Members to still have access to appropriate formal attire, but to express their own individual style.  If Council selects to move away from a ‘Corporate Attire’ towards the ‘Clothing allowance’ the need to remove any City branded attire when an Elected Member ceases to act in the position of Councillor would be reduced to the City issued clothing only.

 

CONCLUSION

 

As shown above benefits exist for both approaches to the Corporate Attire. It should be noted the biggest change in the proposed options is around the formal business attire only, the informal issued attire, shoes and dry-cleaning and maintenance of clothing remains consistent across all the proposed outcomes. The proposed fee structure changes are also consistent across both options, therefore the proposed point of consideration comes down to the Council’s desire to have City branded formal wear or not.

 

The policy is presented for updating, noting that an Absolute Majority is required as this Policy as it includes reference to the annual allowance paid to the Mayor and the percentage of the Mayor’s allowance to which the Deputy Mayor will be entitled. However no changes are proposed to be made to these particular Policy provisions.

 

The proposed changes have been discussed with elected members on a number of occasions in recent months.

 


 

OPTIONS

 

Various options exist for consideration of Clause 3.1.7.2 of the policy relating to Corporate Attire. Through the discussion process it has been noted the following options have shown the most relevant and Council can select to:

 

1.        Make no changes to the original Policy and reconsider adopting the proposed amendments          as submitted to Council at the meeting held 13 September 2017;

 

2.        Keep the principle of “Corporate Attire” and implement the proposed changes to the fee               structure and uniform issue to comply with a consistent City branded approach;

 

3.        Select to change from a “Corporate Attire” approach to a “Clothing allowance” approach,                              which will have the same fee structure as option 2 but allow Elected Members to acquire non                        City branded attire;

 

4.        Make any other change to the Clause as required.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The new policy adopted will be effective immediately.

 

COUNCIL DECISION AND COMMITTEE RECOMMENDATION

C1710/249              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council adopt the revised Council Policy 001 - Fees, Allowances and Expenses for Elected Members as shown below noting the changes to clause 3.1.7.2 Corporate Attire.

 

3.1.7.2   Corporate attire allowance

Each elected member is eligible to be provided with a range of Corporate attire (with City logo) on being elected as Councillor and is entitled to an additional amount of $750pa for business attire for each year of the election term.

 

Upon election, elected members will   be entitled to be issued with the following items:

 

Corporate attire with City logo (and not charged against the allowance):

Ø Corporate suit (male – Trousers and Jacket)

Ø Corporate suit (female – Skirt, Dress, Pants and Jacket)

Ø Corporate shirts/blouses etc

Ø Casual/Light weight Fleecy Jacket

Ø Polo top

Ø City tie/scarf

Other (charged against the allowance):

Ø Business attire (which may consist of a suit, jacket and shirts / blouses)

Ø Shoes (up to the value of $150)

Ø Dry cleaning and maintenance of Corporate and business attire

 

All of the Corporate attire acquisitions (should be acquired through the City’s approved uniform supplier.

 

All items of Corporate attire which are branded with the City of Busselton’s logo should be returned to the City on expiry  of office.

CARRIED 9/0

  


Attachment A

001         Fees, Allowances and Expenses for Elected Members                                      V9 Current

 

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 brief case up to the value of $150;

•             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 equipment provided in accordance with this policy can be retained by the elected member at the completion of their term of office or 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 expenses that relate to information and communications technology, for example telephone rental and 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 Tribunal.  The 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 and special;

•             Civic receptions hosted by the City of Busselton;

•             Visits by Ministers of the Crown or other distinguished visitors of similar status;

•             City organised inspection tours of matters arising before the Council or as a JDAP member;

•             Any City-convened meeting by the Mayor or CEO requiring elected member attendance, including briefing sessions, workshops and other forums;

•             Elected member training courses;

•             City organised meetings with ratepayers;

•             Attendance at “Flagship” functions and events held within the boundaries of the City and as determined by the Mayor and CEO at the commencement of each calendar year or as determined during the year*;

•             Where the Mayor is unable to attend a function or event and has requested another elected member to attend on his behalf;

•             Seminars and conferences attended in the capacity of an elected member as approved by the City in accordance with Policy 08 “Councillors Induction, Training and Professional Development”;

•             Meetings of community groups or other external organisations of which the elected member has been appointed the Council's representative / delegate 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).

 

*Flagship events and functions will be published in the Friday factsheet or will be the subject of a specific invitation sent by the City’s administration.

 

Where large distances are involved and 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 determined by the State Salaries and Allowances Tribunal. Elected members are encouraged to use a City-owned motor vehicle (subject to availability) for the types of travel approved under this section

 

Subject to the approval of the Chief Executive Officer or delegate, 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 when with Member

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

Y

N

Specific conference related dinners/meals

Y

Y

 

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.

 

3.1.7.2   Corporate attire allowance

 

Each elected member is eligible to be provided with a range of Corporate attire (with City logo) on being elected as Councillor and is entitled to an additional amount of $750pa for business attire for each year of the election term.

 

Upon election, elected members will   be entitled to be issued with the following items:

 

Corporate attire with City logo (and not charged against the allowance):

             Corporate suit (male – Trousers and Jacket)

             Corporate suit (female – Skirt, Dress, Pants and Jacket)

             Corporate shirts/blouses etc

             Casual/Light weight Fleecy Jacket

             Polo top

             City tie/scarf

 

Other (charged against the allowance):

             Business attire (which may consist of a suit, jacket and shirts / blouses)

             Shoes (up to the value of $150)

             Dry cleaning and maintenance of Corporate and business attire

 

All of the Corporate attire acquisitions (should be acquired through the City’s approved uniform supplier.

 

All items of Corporate attire which are branded with the City of Busselton’s logo should be returned to the City on expiry  of office.

 


 

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 Mayoral 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 with the agreement of the Mayor or CEO.

 

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 by agreement in one of the following ways:

 

             By deduction from the quarterly members allowance payment ; or

             An invoice be given to the Mayor for reimbursement.

 

The mileage rate would be calculated at the rate determined by the State Salaries and Allowances Tribunal for Local Government Elected Council Members.

 

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 with 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.

 

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

C1612/156           14 December 2016           Adjustments of the Policy to reflect current practice and to allow the Mayor private use of vehicle.

Version 9

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                                                                                      77                                                               11 October 2017

10.3           Policy and Legislation Committee - 21/09/2017 - STANDING ORDERS LOCAL LAW

SUBJECT INDEX:

Local Laws

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Legal Services

REPORTING OFFICER:

Legal Officer - Briony McGinty

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Cliff Frewing

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Local Law

Attachment b    Current Local Law with Changes Marked-Up  

 

This item was considered by the Policy and Legislation Committee at its meeting on 21 September 2017, the recommendations from which have been included in this report. 

 

PRÉCIS

 

Under the Local Government Act 1995 (the Act) local governments are required to carry out periodic reviews of their local laws to determine whether they should be repealed or amended. As part of the City’s ongoing review of its local laws, the City’s current Standing Orders Local Law 2010 (current local law) has been identified as in need of review.

 

The City’s current local law has been compared against the WALGA model Local Government (Council Meetings) Local Law (WALGA model) and other Standing Orders/Meeting Procedures Local Laws recently adopted by various other Councils.

 

A new Standing Orders Local Law 2017 (proposed local law) has been prepared for consideration by the Council. Various changes, ranging from grammatical to substantive, have been made. It is recommended that Council initiate the law-making process and authorise the CEO to commence advertising the proposed local law.

 

BACKGROUND

 

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

 

The current local law is based on an old WALGA model, which has since been amended. Given the current local law has not been reviewed for 7 years (with the Act requiring a review every 8 years) it is considered appropriate to determine if recent revisions to the WALGA model are appropriate for the City to adopt, as well as considering other avenues for improvement.

 

STATUTORY ENVIRONMENT

 

 Section 3.5 of the Act provides the head of power for the Council to make the proposed local law.

 

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

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

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

 

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

 

Purpose: The purpose of the proposed local law is to provide for the orderly conduct of the proceedings and business of the Council.

 

Effect: The effect of the proposed local law is that all Council meetings, committee meetings, and other meetings as described in the Act, shall be governed by the proposed local law unless otherwise provided in the Act, regulations or other written law.

 

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

 

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

 

The Local Government Act 1995, Local Government (Rules of Conduct) Regulations 2007, Local Government (Administration) Regulations 1996 all interact with and complement the standing orders of the City.

 

RELEVANT PLANS AND POLICIES

The City has adopted a Code of Conduct to be observed by Council members in accordance with Section 5.103(1) of the Local Government Act 1995.

The policy ‘005 - Meetings, Information Sessions and Decision-making Processes’ sets out the guidelines for provision of information to Councillors and the Council and other matters relating to the various forums utilised.

FINANCIAL IMPLICATIONS

 

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

 

Long-term Financial Plan Implications

There are no implications for long-term financial planning.

 

STRATEGIC COMMUNITY OBJECTIVES

 

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

 

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

 

RISK ASSESSMENT

 

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

 

CONSULTATION

 

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

 

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

 

 

OFFICER COMMENT

 

Various grammatical and minor stylistic changes have been made to the current local law. In addition, more substantive changes have been made, as outlined further below.

 

Attachment A shows a “clean version” of the proposed local law, in the correct formatting for the State Law Publisher, but with boxed notes referring to the Act and various regulations, to assist in interpretation of the local law. Boxed notes are generally not permissible by the Joint Standing Committee on Delegated Legislation (JSC) and would need to be removed prior to adoption. The JSC is a committee of State parliamentarians from both houses of the WA Parliament, and has delegation from Parliament to scrutinise and recommend the disallowance of local laws to the Parliament of Western Australia. Attachment B shows the current local law, in its current formatting, with no boxed notes, and with proposed changes “marked-up” to enable comparison of the two.

 

 

Order of Business (clause 5.2)

The Order of Business has been amended to reflect the WALGA model, with the exception that the Prayer has been retained. This has resulted in a slight rearrangement of certain business as well as the introduction of new business. For example, “Disclosure of interests” has been brought forward. “Items brought forward for the convenience of those in the public gallery” and “Urgent business” have been introduced. An ‘Acknowledgement of Country’ has also been included in the proposed local law.

 

An Acknowledgement of Country is an opportunity to show respect for Traditional Owners and the continuing connection of Aboriginal and Torres Strait Islander peoples to Country. It can be given by both non-Indigenous people and Aboriginal and Torres Strait Islander people. It may take the following terms, for example: I’d like to begin by acknowledging the Traditional Owners of the land on which we meet today. I would also like to pay my respects to Elders past and present.

 

Leave of Absence (clause 5.5)

A new clause has been inserted regarding the procedures for seeking a leave of absence. Proposed clause 5.5 requires members seeking leave to give written notice to the CEO prior to the commencement of the meeting. The notice must include the period of leave and the reasons for seeking the leave. The intent is to ensure members do not fall foul of section 2.25(4) of the Act under which members have been disqualified for failing to obtain a resolution of the Council to grant the leave of absence.

 

Questions by members (clauses 5.6 and 7.1)

Clause 7.1 of the current local law deals concurrently with both questions during debate, and general questions regarding good governance of the district. The proposed local law separate these concepts into new clauses 5.6 and 7.1.

 

New clause 5.6, taken from the WALGA model, requires questions relating to matters not on the agenda, to be provided in writing to the CEO 3 days prior to the Council meeting. This allows the CEO or his delegate to conduct research and provide a meaningful response on the matter at the meeting.

 

New clause 7.1 deals with questions by members during debate on a motion. In this case, a question may be asked at any point prior to the right of reply commencing and no notice is required.

 

Motions of which previous notice has been given (clause 5.8)

A notice of motion requires 21 days’ notice under the current local law. It is proposed to change this requirement to 7 days in line with the WALGA model.

 

Lapsed Notices of Motion (clause 5.8(6))

Where a notice of motion is lost, a notice in the same terms or to the same effect, must not be given again for 3 months, unless with the support of an absolute majority.

 

Urgent Business (clause 5.9)

This clause of the proposed local law reflects a similar clause taken from the City of Canning’s standing orders. Currently, items not on the agenda, can be introduced with the consent of the Presiding Member (old clause 5.1.(1)). The proposed local law requires:

1.    the consent of the Presiding Member;

2.    the matter cannot await consideration at the following meeting or the delay may have adverse legal, reputational or financial consequences for the City; and

3.    the item is in the form of an employee report, provided to members prior to the commencement of the meeting (unless it is a motion to revoke a decision).

 

This may appear to be a difficult hurdle to overcome in some circumstances. However, it may be overcome by an appropriate motion to suspend the standing orders.

 

This clause would not apply to “late items”. Late items can still be included on the agenda with 72 hours’ notice (as per s 5.5(1) of the Act and Reg 14 of the Administration Regulations).

 

En Bloc Resolutions (clause 5.10)

This clause has been amended to allow decisions requiring an absolute majority to be included in the “adoption by exception resolution” of the Council.

 

Participation at Committee Meetings (clause 6.12(2))

The ability of members to attend (but not participate) in committee meetings of which he or she is not a member is clarified in this clause.

 

Foreshadowing alternative motions (clause 10.18)

This clause deals with how alternative motions are to be dealt with at Council meetings. Further, those items excluded from the adoption by exception resolution, with a motion different to the employee recommendation, shall be the motion that is first considered by the Council. Where the alternative motion is different to a recommendation by a committee, the members are first to be given the option to debate the Committee recommendation.

 

Member be no longer heard (clause 11.8)

From the WALGA model, this clause prevents a speaker from speaking further on the substantive motion or any amendment to it, except to exercise the right of reply if he or she is the mover of the substantive motion.

 


 

CONCLUSION

 

The proposed local law incorporates improvements to the current local law, which are based on the new WALGA model, other local governments which have recently updated their standing orders, and other changes deemed suitable specifically for the locality of the City of Busselton. For these reasons it is recommended that the Council authorise the CEO to advertise the proposed local law for comment.

 

OPTIONS

 

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

 

Option 1

 

Not to proceed with the local law-making process and rely on the current local law to regulate meeting procedures. However, certain provisions have been identified as in need of change, for example in relation to “en Bloc” resolutions, and it is recommended to update and improve the current local law for the reasons stated in the report.

 

Option 2

 

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

 

COUNCIL DECISION/AMENDED COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

C1710/250              Moved Councillor R Paine, seconded Councillor P Carter

 

That the Committee recommendation below be adopted

 

 (1)                   That the Council commences the law-making process, for the City of Busselton                                           Standing Orders Local Law 2017,the purpose and effect of the local law being as                                 follows:

                                                  Purpose: The purpose of the proposed local law is to provide for the orderly                                                   conduct of the proceedings and business of the Council.

 

                                                  Effect: The effect of the proposed local law is that all Council meetings,                                                   committee meetings, and other meetings as described in the Act, shall be                                                   governed by the proposed local law unless otherwise provided in the Act,                                                   regulations or other written law.

 

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

 

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

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

 

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

 

With the following amendments:

 

 

 

Amendment

C1710/251              Moved Councillor R Paine, seconded Councillor P Carter

Amendment to clause 10.18 Foreshadowing alternative motions to read as (6)    Where a member has identified an item for exclusion from the adoption by exception resolution under clause 5.10(5), and includes a motion that is different to the employee or committee recommendation, that motion is taken to be a foreshadowed Alternative Motion and is to be the substantive motion that is first considered by the Council.

(7)          Where a member has identified an item for exclusion from the adoption by exception resolution under clause 5.10(5), and includes a motion that is different to the committee recommendation, that motion is taken to be a foreshadowed Alternative Motion and members are first to be given the option to debate the committee recommendation. 

LOST 2/7

Voting:

For the motion:             Councillor P Carter and Councillor R Paine.

Against the motion:     Councillor R Bennett, Councillor T Best, Councillor G Bleechmore, Mayor G Henley, Councillor J McCallum, Councillor C Tarbotton and Councillor R Reekie.

 


Amendment

C1710/252              Moved Councillor R Paine, seconded Councillor P Carter

 Amendment to clause 5.2 Order of Business to move Acknowledgement of Country from 1(3) to 1(1).

CARRIED 7/2

Voting:

For the motion:             Councillor R Bennett, Mayor G Henley, Councillor J McCallum, Councillor C Tarbotton, Councillor P Carter, Councillor R Reekie and Councillor R Paine.

Against the motion:     Councillor T Best and Councillor G Bleechmore.

 

 

Amendment

C1710/253              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

Amendment to clause 6.14 Recording of proceedings to include  (4) In the case of a recording taken under subclause (3), the CEO must advise the meeting, immediately before the recording is commenced, that the meeting is being recorded for the purpose of taking minutes.

CARRIED 9/0

 


 

 

Amendment

C1710/254              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

Amendment to clause 5.8 Motions of which previous notice has been given by deleting “7 clear days” and replacing with “21 clear days”.

CARRIED 5/4

Voting:

For the motion:             Councillor T Best, Councillor G Bleechmore, Councillor J McCallum, Councillor C Tarbotton and Councillor R Reekie.

Against the motion:     Councillor R Bennett, Mayor G Henley, Councillor P Carter and Councillor R Paine.

 

RESOLUTION

C1710/255              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

That the Substantive Motion was then put with the carried amendments above C1710/253, C1710/254 and C1710/255.

CARRIED 9/0


 

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

SUBJECT INDEX:

Development/Planning Applications

STRATEGIC OBJECTIVE:

An innovative and diversified economy that provides a variety of business and employment opportunities as well as consumer choice.

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    Independent Peer Review of Noise Impact Assessment  

  

PRÉCIS

 

The City has been invited by the State Administrative Tribunal (SAT) to reconsider a decision made by Council at its 8 February 2017 meeting to refuse an application seeking approval for a Market on Lot 400 (No.24) Dunn Bay Road, Dunsborough. 

 

The City has been invited to reconsider a revised proposal which endeavours to address the previous areas of concern that lead to the refusal decision. The most significant changes to the proposal are the inclusion of a solid Colorbond metal roof with Anticon insulation underneath, and a 4.0m high tilt-up concrete parapet wall to the boundary adjoining Bay Village Resort.

 

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

 

The following attachments accompany this report:

·    Location Plan

·    Revised Development Plans (including Noise Management Plan)

·    Noise Impact Assessment (including Noise Management Plan)

·    Independent Peer Review of Noise Impact Assessment

 

At the time that the original application was considered by Council, under Local Planning Scheme 21 the site was zoned ‘Special Purposes – Mixed Use’ and subject to Special Provision 49. Special Provision 49 in respect to commercial uses stated that:

 

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

 

Subsequently through Local Planning Scheme 21 Amendment No.1 (Omnibus Amendment) the site has been rezoned to ‘Business’.

 

 


 

The proposal was previously presented to Council at its meeting of 8 February 2016 where it was resolved:

 

That the Council resolve that application DA16/0503 submitted for development of a Market on Lot 400 (Hse No 24) Dunn Bay Road, Dunsborough is considered by the Council to be inconsistent with Local Planning Scheme No. 21 and is refused, for the following reasons –

 

1.            The appearance of the proposed development is not compatible with the prevailing pattern of development in the surrounding area to the detriment of the character of the area.

2.            Noise created by the proposal is likely to be audible from surrounding residential properties as well as guests of the Bay Village Resort and it is considered that this will likely have an adverse environmental impact upon the amenity of these properties;

 

Approval of this development would be inconsistent with the orderly and proper planning of the locality for the reasons noted above.

 

Following refusal, the applicant on 1 March 2017 made an application to the SAT for review of the Council decision.

 

City staff and the applicant (and representative) attended a SAT mediation conference on 22 March 2017. As a result of the mediation the SAT invited the applicant to provide additional and amended information for the City to consider. The SAT also, pursuant to s31 of the State Administrative Tribunal Act 2004 issued an order inviting the City to reconsider its decision, with the aim being to achieve a resolution without needing a formal hearing and a determination to be issued by SAT. Initially the order issued by SAT required the applicant to provide the additional information and for the City to reconsider its decision prior to a further SAT directions hearing on 23 June 2017. Due to the intended timeline not being met, that directions hearing has been adjourned several times, and it is now scheduled for 20 October 2017.

 

The applicant provided the City with a revised Noise Impact Assessment and revised plans on 27 April 2017 indicating a reduced setback to the boundary with Bay Village Resort to prevent the setback area being used as rubbish and general storage area or a significant thoroughfare.

 

The City reviewed the revised information and revised plans and referred the noise impact assessment report to the Department of Environment Regulation (DER) for assessment.

 

Following receipt of comments and recommendations from DER in respect to noise impacts of the proposal, the DER information was provided to the applicant and advice given that the information provided to date was insufficient to allow Council reconsideration of the application. Due to the applicant not providing sufficient information for Council to reconsider its decision, it was agreed by mutual consent of all parties to defer the matter further.

 

A further revision of their Noise Impact Assessment, inclusive of noise management recommendations, and a further set of revised plans, was received by the City on 11 August 2017. A summary of the changes to the plans is as follows: -

 

·      Inclusion of a 4.0m height tilt panel parapet wall to the common boundary with Bay Village Resort;

·      Colourbond roof at a maximum height of approx. 5.6m, with minimum 50mm Anticon insulation layer applied to the underside of the roof;

·      Enclosed gable ends to Dunn Bay Rd and Chieftain Cr frontages;

·      Closing direct access from the car park to minimise noise leakage to Chieftain Cr; and

·      Relocation of the bin area away from the common boundary with Bay Village Resort.

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 ‘Business’. The objectives of the ‘Business’ 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 for medium to high residential development within the Busselton City Centre and Dunsborough Town Centre.

(d)    Within neighbourhood and local centres, 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 $ 10,400 per bay.

 

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

 

No significant implications.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendation of this report reflects Community Objectives 2.3 and 4.1 of the Strategic Community Plan 2017, which are –

 

2.3          Creative urban design that produces vibrant, mixed-use town centres and public spaces.

 

4.1          An innovative and diversified economy that provides a variety of business and employment opportunities as well as consumer choice.

 

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.

 

It is identified that there is a risk that the application could be determined by SAT at a formal hearing, with the potential for an outcome that is not favourable to the City.

 

Risk

Controls

Consequence

Likelihood

Risk Level

Reputational risk - Community perception that final developments not in keeping with character of Dunsborough Town Centre.

Ensure detailed conditions to manage/control appearance and issue time limited approval as recommended.

Minor

Possible

Medium Risk – M8

 

CONSULTATION

 

Prior to being refused by Council the previous proposal concept underwent a public consultation process. Details of previous public consultation on this development application were outlined in the officer’s report for the 14 December 2016 Council meeting.

 

The revised proposal has made some changes to the design of the development with the endeavour to address the two key issues of noise impacts and aesthetics of the development, which were previously identified by Council and public submissions as being of most concern.

 

The invitation by the SAT for Council to reconsider its decision based on a revised proposal does not include an additional public consultation period, however in respect to noise issues the City has referred the revised proposal to Department of Water and Environment Regulation (DWER) Noise Branch, and engaged Lloyd George Acoustics to undertake an independent peer review of the submitted Noise Impact Assessment. At the time of writing of this report, DWER comments have not been received. The details of any DWER comments will be provided to Council as soon as possible after they have been received.

 

 

OFFICER COMMENT

 

Comments on the general issues related to this development proposal were included in the Officer reports for the 14 December 2016 and 8 February 2017 Council meetings and therefore the discussion contained therein has not been repeated here.

 

Revisions made to the plans by the applicant have been made with the aim to address previous concerns regarding the form and layout of the development proposed and noise impacts on neighbouring land.

 

From past public consultation and previous Council consideration of the proposal to develop a market utilising sea containers, it is clear that the key issues of concern are noise impacts and design/aesthetic impacts on the amenity of the surrounding area.

 

Noise 

 

The applicant believes that the revised noise impact assessment report with recommendations included indicates how, with the revised plans, the proposed development will be able to comply with the requirements of the Environmental Protection (Noise) Regulations 1997.

 

Staff have sought an independent peer review of the submitted noise impact assessment. The peer review has been completed by Lloyd George Acoustics.  As a summary of the review, it found that the noise assessment has considered the key noise sources, being patrons within the market and mechanical plant however, the overall impact of the proposal on nearby receivers has potentially been under-estimated on the basis that:

·    Noise emissions from the west alfresco areas, vehicle doors closing in the car park and deliveries have not been included in the noise model and assessment.

·    It is noted that the market stalls will operate “with extended hours of operation during long weekends [...] and special events.” and therefore may operate after 10pm on occasions. This scenario doesn’t seem to have been assessed.

·    The Town Planning Scheme No. 21 Business zoning can allow for sensitive uses to be developed e.g. grouped or multiple dwelling, guest house, as such, it is noted the receiver at 29 Dunn Road may be considered as sensitive depending on its current and future use. While this may have been discussed with the City, the assessment report does not consider this eventuality.

It is recommended by staff that the alfresco area (‘umbrella area’ on plans) located outside of container 12 is removed and replaced with extended landscaping. This is the closest alfresco area to residential zoned properties on Chieftain Crescent and is located away from the proposed food businesses, such that it may not be particularly necessary or practical.

 

The Dunsborough Park Shopping Centre carpark and parking at the rear of Bay Village Resort are equally close to the residential properties on Chieftain Crescent as the carpark for the proposed development and given the relatively small number of parking bays proposed it is unlikely that there would be a significant increased impact due to noise from car doors.  

 

It is recommended that a condition of approval be that the Permitted opening hours for the development are limited to Monday – Sunday 7am -10pm.  

 


 

The property at 29 Dunn Bay Road has in recent times been used for office purposes. Whilst recognising that future development of the property could include a residential component, it is difficult to quantify that the proposed market development at Lot 400 Dunn Bay Road will have any significant additional noise impact than that already created by the two existing mixed-use developments that are located immediately either side of 29 Dunn Bay Road.  

 

Whilst the property does have residential properties immediately opposite on Chieftain Crescent and noise sensitive tourist accommodation on the adjoining lot at Bay Village Resort, it is necessary to be mindful that the proposed development is zoned ‘Business’ and is located in a Town Centre environment.  Further, those residential properties are now zoned to allow mixed-use, medium density development. The revised plans to include a solid roof structure with closed gable ends and a concrete panel wall on the boundary make the development proposed much closer in effect to a more conventional building or indeed closer to the commercial development associated with DA15/0476 that was previously approved by Council for the site. 

 

Ongoing implementation of the recommendations of the noise impact assessment report forms part of the conditions of the officer recommendation.

 

Design/Aesthetics

 

Staff have liaised with the applicant in respect to design issues and whilst officers still have some minor concerns in respect to aesthetic issues of the revised development plans, these have been addressed as best as possible in the recommended conditions of approval.

 

Design issues that have been identified and discussed with the applicant are set out below.

 

Stormwater

Officers sought to have a better understanding of how stormwater management is addressed and where stormwater will go, with a preference for the use of landscaped areas developed as rain gardens.

 

The applicant advised that the design of the stormwater management system will be prepared by his engineers to comply with City requirements. This information can be required via a condition of approval.

 

Bin storage size and location

Development plans indicated a bin store designed for wheelie bins. It has been assessed that for the number of general waste and recycle bins that will be required, that the bin store is significantly undersized. The location of the bin store also raised concern in respect to amenity impact on residential premises on the opposite side of Chieftain Cres and is also a concern with respect to how can it practically be accessed when located behind parking bays. 

 

The applicant advised that he is now liaising with a commercial waste contractor in respect to the use of skip bins rather than wheelie bins and in respect to the requirements for truck access.

 

The use of skip bins if emptied at a suitable frequency allows the development of a bin store with a lesser footprint than that required for wheelie bins. The need for approval of details of the waste collection arrangements, and the design and location of the bin store are recommended to be included as conditions of approval.

 


 

Alfresco area closest to residential properties

It is recommended by staff that the alfresco area (‘umbrella area’ on plans) located outside of container 12 is removed and replaced with extended landscaping. This is the closest alfresco area to residential properties on Chieftain Crescent and is located away from the proposed food businesses, such that it may not be particularly necessary or practical.

 

The applicant advised that the lawn area adjacent is the most likely place where children will play and the seating area is provided to allow passive supervision by parents.

 

It is not considered by staff that the use of the grass area as a children’s play area is practical and potentially raises safety concern when located between a road and a carpark, particularly if the area is not fenced. It is considered that the area would be better used for extended landscaping for stormwater retention purposes and potentially a relocated bin store area. The removal of this alfresco area is included as a condition in the officer recommendation.

 

Bicycle parking location

Bike parking would be better for user convenience and prevention of bike theft if located nearer to the entry off Seymour Boulevarde, between containers K5 and K6, or near K2.

 

The applicant comments that the only area available is the landscape area opposite K2.  However, bike access to this area is via a seating area which is not ideal.  The applicant has further commented that as is the case with ‘Meal-Up’ across the road, The City could place a bike rack on the footpath close to the proposed retaining wall.

 

Unfortunately, there appears to be insufficient space on the road reserve to provide sufficient bike parking without affecting pedestrian accessibility. Given that and given the scale of the proposed development it is considered bike parking should be provided on site, in a suitable location.

 

Appearance of elevations to Seymour Blvd and Chieftain Cres

The City is not comfortable with the current aesthetic of the elevations of the proposal. Cladding of blank sections of Seymour Boulevard and Chieftain Crescent elevations is recommended and may be able to form part of a condition. It has been suggested by the applicant that a future possibility is to provide artwork to create a suitable aesthetic treatment. If a subsequent proposal for artwork is received then the City is prepared to entertain such a proposal, and the recommended conditions would allow that to be considered.

 

CONCLUSION

 

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 prepared to recommend conditional approval of the proposed Market development at 24 Dunn Bay Road, Dunsborough.

 

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 decision of Council is to be communicated to the applicant and the SAT on or prior to directions hearing scheduled for 20 October 2017.

 

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.

 

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

 

General Conditions:

1.         Development is to be in accordance with the approved Development Plan (Attachment B), 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 including the Chieftain Crescent elevation, to ensure the development is compatible with the amenity of its setting, presents a coherent aesthetic appearance  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 including any verandas/awnings that are proposed to extend over a road or public place;

·      activation of Dunn Bay Road and Seymour Boulevard frontages through the use of openings in buildings, businesses trading out to the street, lighting, and artwork;

·      cladding or artwork details for walls without openings on the Seymour Boulevard and Chieftain Crescent elevations;

·      removal of the ‘umbrella area’ outside of container 12, which shall be replaced with landscaping; and

·      external signage – location and dimensions.

5.3          Details of bin storage and collection arrangements. Bin storage areas shall be screened from public view at all times, other than when refuse collection is taking place. The Bin Storage Area shall be not less than 10m², with a minimum internal dimension of 3.5m and is to be relocated to provide greater separation from residential premises on Chieftain Crescent.

5.4          Details of bin wash facilities.

5.5          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:

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

5.5.2         Kerbing or grade changes for paved areas;

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

5.5.4         Establishing soaks that collect and permit infiltration of stormwater.

 

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

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

5.8          A Landscape Plan providing details of onsite landscaping works.

5.9          A plan detailing footpaths and other hard landscaping works to be undertaken on street verges adjacent to 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 $ 10,400 to the City 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, 5.1-5.9 and 7 shall be subsequently maintained for the life of the development and subject to the following conditions:

8.1          Recommendations in the approved Noise Management Plan shall be implemented in       accordance with the approval details, specifically the following recommendations should be followed in order to reduce noise disturbance to neighbours and generally comply with the Environmental Protection (Noise) Regulations 1997 -

·      Music, including acoustic or  amplified performances or other electronic music devices and playback  or public address systems are not permitted.

·      Acoustic treatments to be permanently installed, as described in the Noise Impact Assessment Report.

·      On-site manager to be present at all times during the operation of the development. Name and contact details of the on-site manager to be displayed at all times to immediately address any issues.

·      Staff members are to be sensitive of depositing waste into containers outside of 0700 and 1900 hours from Monday to Saturday, and between 0900 and 1900 hours on Sundays.

·      Rubbish, including bottles and recyclables, are not to be deposited in bins between the hours of 07:00 and 09:00 on Sundays or Public Holidays (acoustics).

·      Any moveable furniture is fitted with rubber pads to avoid dragging noise, especially in the outdoor areas. Pads to be regularly inspected and maintained by staff to ensure they are effective at reducing noise.

·      If furniture is stackable or moveable, staff are ensure that it is stacked or moved in such a way that noise is minimised.

·      In order to reduce potential disturbance to residents, waste collections should occur between 0900 and 1700 whenever possible.

·      Management shall use best efforts to avoid loitering outside the development after 2200.

·      Loading activities are to occur from a loading bay to be located on Seymour Boulevard for deliveries, and not the development site.

 

8.2          Noise emissions form mechanical plant such as kitchen exhaust fans, compressors and air conditioning systems shall comply with assigned noise levels at the nearest noise sensitive receiver in accordance with the Environmental Protection (Noise) Regulations 1997.

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

8.4          No more than one vendor is permitted to sell alcohol for consumption on the premises. Additional vendors who hold a producer’s licence may only be permitted to sell alcohol in sealed containers for consumption off the premises.

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

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


 

 

AMENDED RECOMMENDATION

C1710/256              Moved Councillor R Bennett

 

That the Council resolve to adopt the officer recommendation with  the following amendment:

 

General Conditions:

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

LAPSED FOR WANT OF A SECONDER

 

 

COUNCIL DECISION AND AMENDED OFFICER RECOMMENDATION

C1710/257              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

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

 

General Conditions:

1.      Development is to be in accordance with the approved Development Plan (Revision G), 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 including the Chieftain Crescent elevation, to ensure the development is compatible with the amenity of its setting, presents a coherent aesthetic appearance  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 including any verandas/awnings that are proposed to extend over a road or public place;

·   activation of Dunn Bay Road and Seymour Boulevard frontages through the use of openings in buildings, businesses trading out to the street, lighting, and artwork;

 

·   cladding or artwork details for walls without openings on the Seymour Boulevard and Chieftain Crescent elevations; and

·   external signage – location and dimensions.

5.3       Details of bin storage and collection arrangements. Bin storage areas shall be screened from public view at all times, other than when refuse collection is taking place. The Bin Storage Area shall be not less than 10m², with a minimum internal dimension of 3.5m and is to be relocated to provide greater separation from residential premises on Chieftain Crescent.

5.4       Details of bin wash facilities.

5.5       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:

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

5.5.2      Kerbing or grade changes for paved areas;

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

5.5.4      Establishing soaks that collect and permit infiltration of stormwater.

 

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

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

5.8       A Landscape Plan providing details of onsite landscaping works.

5.9       A plan detailing footpaths and other hard landscaping works to be undertaken on street verges adjacent to 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 $ 10,400 to the City 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, 5.1-5.9 and 7 shall be subsequently maintained for the life of the development and subject to the following conditions:

8.1       Recommendations in the approved Noise Management Plan shall be implemented in       accordance with the approval details, specifically the following recommendations should be followed in order to reduce noise disturbance to neighbours and generally comply with the Environmental Protection (Noise) Regulations 1997 -

·   Electronically amplified performances are not permitted.

·   Acoustic treatments to be permanently installed, as described in the Noise Impact Assessment Report.

·   On-site manager to be present at all times during the operation of the development. Name and contact details of the on-site manager to be displayed at all times to immediately address any issues.

·   Staff members are to be sensitive of depositing waste into containers outside of 0700 and 1900 hours from Monday to Saturday, and between 0900 and 1900 hours on Sundays.

·   Rubbish, including bottles and recyclables, are not to be deposited in bins between the hours of 07:00 and 09:00 on Sundays or Public Holidays (acoustics).

·   Any moveable furniture is fitted with rubber pads to avoid dragging noise, especially in the outdoor areas. Pads to be regularly inspected and maintained by staff to ensure they are effective at reducing noise.

·   If furniture is stackable or moveable, staff are ensure that it is stacked or moved in such a way that noise is minimised.

·   In order to reduce potential disturbance to residents, waste collections should occur between 0900 and 1700 whenever possible.

·   Management shall use best efforts to avoid loitering outside the development after 2200.

·   Loading activities are to occur from a loading bay to be located on Seymour Boulevard for deliveries, and not the development site.

8.2       Noise emissions form mechanical plant such as kitchen exhaust fans, compressors and air conditioning systems shall comply with assigned noise levels at the nearest noise sensitive receiver in accordance with the Environmental Protection (Noise) Regulations 1997.

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

8.4       No more than one vendor is permitted to sell alcohol for consumption on the premises. Additional vendors who hold a producer’s licence may only be permitted to sell alcohol in sealed containers for consumption off the premises.

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

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

CARRIED 9/0

  

16.             Motions of which Previous Notice has been Given

Nil  


Council                                                                                      99                                                               11 October 2017

17.             Confidential Reports  

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

RECOMMENDATION

 

That the meeting is closed to members of the public to discuss the following items which are confidential for the reasons as shown.

17.1           BUSSELTON CENTRAL SHOPPING CENTRE REDEVELOPMENT PROJECT

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

17.2           WASTE LOCAL LAW

This report contains information of a confidential nature in accordance with Section 5.23(2(d) of the Local Government Act 1995, as it contains information relating to legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting

17.3           APPOINTMENT OF SENIOR EMPLOYEE

This report contains information of a confidential nature in accordance with Section 5.23(2(b) of the Local Government Act 1995, as it contains information relating to the personal affairs of any person

 


 

 

17.1           BUSSELTON CENTRAL SHOPPING CENTRE REDEVELOPMENT PROJECT

SUBJECT INDEX:

Townscape/Busselton

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Legal Services

REPORTING OFFICER:

Legal Services Coordinator - Cobus Botha

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Cliff Frewing

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Original Staging Plan

Attachment b    Revised Staging Plan  

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

  

COUNCIL DECISION AND OFFICER RECOMMENDATION

C1710/258              Moved Councillor J McCallum, seconded Councillor C Tarbotton

 

That the Council resolves to:

 

1.       Agree to amend the contract of sale between the City of Busselton and the Trust Company Australia Limited for purposes of aligning the contract of sale with the amended Development Approval DA15/0285.01 granted by the City of Busselton on 17 August 2017 in relation to redevelopment of the Busselton Central Shopping Centre.

2.       Delegates to the CEO the authority to negotiate the contract changes and to vary the contract of sale between the City and the Trust Company (Australia) Limited to give effect to Resolution 1.

 

CARRIED 9/0

 


 

 

17.2        WASTE LOCAL LAW

SUBJECT INDEX:

Local Laws

STRATEGIC OBJECTIVE:

Governance systems, process and practices are responsible, ethical and transparent.

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Legal Services

REPORTING OFFICER:

Legal Officer - Briony McGinty

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Cliff Frewing

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

This item is confidential in accordance with section 5.23(2) (d) of the Local Government Act 1995, as it contains information relating to legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting.

  

COUNCIL DECISION AND OFFICER RECOMMENDATION

C1710/259              Moved Councillor P Carter, seconded Councillor R Paine

 

That the Council undertakes to within 6 months, amend the local law to include an express “Objection and                 appeal rights clause”.

 

2.    Also undertakes:

a)    That all consequential amendments arising from the undertaking will be made.

b)    That the local law will not be enforced in a manner contrary to the undertaking                  given.

c)    That the undertaking will be completed within six months of the date of the letter             giving the undertaking.

d)    Where the local law is made publicly available, whether in hard copy or electronic             form, it be accompanied by a copy of these undertakings.”

 

CARRIED 9/0

 


 

17.3           APPOINTMENT OF SENIOR EMPLOYEE

SUBJECT INDEX:

Employee Relations - Recruitment

STRATEGIC OBJECTIVE:

Accountable leadership that is supported by a skilled and professional workforce.

BUSINESS UNIT:

Office of the Chief Executive Officer

ACTIVITY UNIT:

Employee Relations

REPORTING OFFICER:

Chief Executive Officer - Mike Archer

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

This item is confidential in accordance with section 5.23(2) (b) of the Local Government Act 1995, as it contains information relating to the personal affairs of any person.

  

COUNCIL DECISION AND OFFICER RECOMMENDATION

C1710/260              Moved Councillor G Bleechmore, seconded Councillor C Tarbotton

 

That the Council accept the CEO’s recommendation to appoint one of the two preferred applicants to the position of Director Finance and Corporate Services, subject to finalisation of the selection process.

CARRIED 9/0

  

18.             Questions from Members

Leave of Absence

C1710/261              Moved Councillor P Carter, seconded Councillor J McCallum

 

That Leave of Absence be granted to Cr Ross Paine for 8 November 2017.

CARRIED 9/0

19.             Public Question Time

Nil

20.             Next Meeting Date

Wednesday, 8 November 2017

21.             Closure

The meeting closed at 7.04pm.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THESE MINUTES CONSISTING OF PAGES 1 TO 99 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON Wednesday, 8 November 2017.

 

 

DATE:_________________              PRESIDING MEMBER:_________________________