COB-RGB

 

 

 

 

 

Council Agenda

 

 

 

22 August 2018

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 22 August 2018

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Council will be held in the Council Chambers, Administration Building, Southern Drive, Busselton on Wednesday, 22 August 2018, commencing at 5.30pm.

 

Your attendance is respectfully requested.

 

 

Disclaimer

Statements or decisions made at Council meetings or briefings should not be relied on (or acted upon) by an applicant or any other person or entity until subsequent written notification has been given by or received from the City of Busselton. Without derogating from the generality of the above, approval of planning applications and building permits and acceptance of tenders and quotations will only become effective once written notice to that effect has been given to relevant parties. The City of Busselton expressly disclaims any liability for any loss arising from any person or body relying on any statement or decision made during a Council meeting or briefing.

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

10 August 2018


CITY OF BUSSELTON

Agenda FOR THE Council MEETING TO BE HELD ON 22 August 2018

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

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

2....... Attendance. 5

3....... Prayer. 5

4....... Application for Leave of Absence. 5

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

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

7....... Question Time For Public. 5

8....... Confirmation and Receipt Of Minutes. 5

Previous Council Meetings. 5

8.1          Minutes of the Council Meeting held 8 August 2018. 5

9....... RECEIVING OF Petitions, Presentations AND DEPUTATIONS. 5

10..... QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION). 5

11..... Items brought forward for the convenience of those in the public gallery. 5

12..... REPORTS OF COMMITTEE MEETINGS. 5

13..... PLANNING AND DEVELOPMENT SERVICES REPORT. 6

13.1        DA18/0145 - USE NOT LISTED (4WD TEST TRACK AND INFORMAL PARKING AREA). 6

14..... ENGINEERING AND WORKS SERVICES REPORT. 15

15..... COMMUNITY AND COMMERCIAL SERVICES REPORT. 16

15.1        PROPOSAL TO EXTEND RETAIL TRADING HOURS. 16

15.2        COMMUNITY SPORT AND RECREATION FACILITIES FUND - SMALL GRANTS ROUND APPLICATIONS WINTER 2018. 33

16..... FINANCE AND CORPORATE SERVICES REPORT. 48

16.1        PROPOSED AMENDMENT TO THE BUSSELTON BOWLING CLUB AND THE BUSSELTON CROQUET CLUB LEASE BOUNDARIES TO ACCOMMODATE PLAYING GREENS FOR CROQUET CLUB. 48

16.2        COUNCILLORS' INFORMATION BULLETIN.. 56

17..... CHIEF EXECUTIVE OFFICER'S REPORT. 76

18..... MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN.. 76

19..... urgent business. 76

20..... Confidential Matters. 76

21..... Closure. 76

 


Council                                                                                      4                                                                    22 August 2018

 

1.               Declaration of Opening and Announcement of Visitors

2.               Attendance 

Apologies

Approved Leave of Absence

3.               Prayer

4.               Application for Leave of Absence

5.               Disclosure Of Interests

6.               Announcements Without Discussion

Announcements by the Presiding Member 

7.               Question Time For Public

Response to Previous Questions Taken on Notice 

Public Question Time For Public

8.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

8.1             Minutes of the Council Meeting held 8 August 2018

Recommendation

That the Minutes of the Council Meeting held 8 August 2018 be confirmed as a true and correct record.

 

9.               RECEIVING OF Petitions, Presentations AND DEPUTATIONS

                   Petitions

                   Presentations

                   Deputations

10.             QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION)

11.             Items brought forward for the convenience of those in the public gallery

12.             REPORTS OF COMMITTEE MEETINGS


Council                                                                                      5                                                                    22 August 2018

13.             PLANNING AND DEVELOPMENT SERVICES REPORT

13.1           DA18/0145 - USE NOT LISTED (4WD TEST TRACK AND INFORMAL PARKING AREA)

SUBJECT INDEX:

Planning/Development Application

STRATEGIC OBJECTIVE:

Development is managed sustainably and our environment valued.

BUSINESS UNIT:

Development Services and Policy

ACTIVITY UNIT:

Statutory Planning

REPORTING OFFICER:

Senior Development Planner - Andrew Watts

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Location Plan

Attachment b    Development Plan  

  

PRÉCIS

 

The Council is asked to consider an application seeking approval for development of a Use Not Listed - 4WD Test Track and Informal Parking Area on Lot 13 (No.20) Koorden Place, Reinscourt (“the site”).

 

The application has been placed before Council due to the nature of the issues requiring consideration.  It is considered that the proposal is consistent with the relevant planning framework and it is recommended for approval subject to conditions.

 

BACKGROUND

 

Lot 13 (No.20) Koorden Place, Reinscourt is zoned Agriculture and is located on the northern side of Bussell Highway adjacent to the roundabout at the intersection of the highway and Causeway Road. The land is bound on all sides by road reserves (Bussell Highway, Ford Road, Koorden Place) and has an area of 4,177m2. A location plan is provided in Attachment A.

 

The proposed development application is for a test track to allow the applicant, who owns and operates vehicle dealerships, to demonstrate the dynamics of new 4WD vehicles to potential purchasers, and includes an informal, unsealed carparking area that may also be utilised by businesses on the opposite side of Ford Road; the sites of which are currently in the same ownership. The development plan is provided in Attachment B.

 

In the near vicinity of the site to the western side of Ford Road is a Special Purpose zone on which a service station and drive-through coffee outlet has recently been developed. The property to the north, whilst being privately owned, is zoned a combination of Agriculture, Local Scheme Reserves – Public Purposes and Local Scheme Reserves – Recreation and the land on the south side of the highway is zoned Residential.

 

The proposed development is for a use that is not specifically mentioned in the zoning table, does not appear to fall within a type or category of use in the Scheme and should, therefore, be assessed as a ‘use not listed’.  As per the requirements of the Scheme as a ‘use-not-listed’ that may be considered to be consistent with the objectives of the zone, the application has been advertised for public comment, and was also referred to Main Roads WA (as it adjoins a main road).

 

A number of Councillors have attended site visits organised by officers prior to this report being presented.

 


 

STATUTORY ENVIRONMENT

 

The key elements of the statutory environment that relate to the proposal are set out in the Local Planning Scheme.

 

The site is located in the ‘Agriculture’ zone. Objectives of this zone relevant to this application are as follows:

(d)    To enable the development of land for other purposes where it can be demonstrated by the applicant that suitable land or buildings for the proposed purposes are not  available elsewhere and that such purposes will not detrimentally affect the amenity of any existing or proposed nearby development.

 

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

 

Policies of the “Agriculture’ zone relevant to this application are:

 

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

 

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

 

Part 3.4 of the Scheme deals with Interpretation of the Zoning Table and at 3.4.2 addresses how the local government is to determine an application for a ‘use-not-listed’:

 

3.4.2. If a person proposes to carry out on land any use that is not specifically mentioned in the Zoning Table and cannot reasonably be determined as falling within the type, class or genus of activity of any other use category the local government may ‐

(a)       determine that the use is consistent with the objectives and policies of the particular zone and is therefore permitted; or

(b)       determine that the use may be consistent with the objectives and policies of the particular zone and thereafter follow the advertising procedures of clause 64 of the Deemed Provisions in considering an application for development approval; or

(c)        determine that the use is not consistent with the objectives and policies of the particular zone and is therefore not permitted.

 

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;


 

 

(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;                  

(p)       whether adequate provision has been made for the landscaping of the land to which the application relates and whether any trees or other vegetation on the land should be preserved;

(q)       the suitability of the land for the development taking into account the possible risk of flooding, tidal inundation, subsidence, landslip, bush fire, soil erosion, land degradation or any other risk;

(s)       the adequacy of —

(i)        the proposed means of access to and egress from the site; and

(ii)       arrangements for the loading, unloading, manoeuvring and parking of vehicles;

(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;

(za)     the comments or submissions received from any authority consulted under clause 66;

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

 

RELEVANT PLANS AND POLICIES

 

Local Rural Planning Strategy

 

The site is not in an area addressed in the Local Rural Planning Strategy.

 

Draft Local Planning Strategy

 

The City’s Draft Local Planning Strategy identifies, in respect to Activity Centres and the Economy, the continued growth of the Busselton City Centre and Dunsborough Town Centre as the main centres of the economic, social and cultural life of the District and does not support:

i)   unplanned new or expansion of existing activity centres not identified in the established activity centre framework,

ii) industrial/service commercial areas not identified in the established activity centre and industrial/service commercial frameworks,

iii) allow significant shop retail or office uses to locate outside activity centres, or

iv) planning proposals that would significantly compromise the capacity of land to accommodate growth as set out in this strategy.

 

Local Commercial Planning Strategy (LCPS)

 

The WAPC has a long-standing presumption against the spread of commercial zoning along highways and other major roads, such as the Bussell Highway. This stance is evident in State Planning Policy 4.2 in which there are specific policy positions for the prevention of ad-hoc commercial ribbon development.

 

The LCPS reinforces this by preventing further service commercial development along major roads, including the Busselton Bypass, Bussell Highway and Causeway Road, other than that accommodated by existing zonings or specifically supported by the Strategy.

 

FINANCIAL IMPLICATIONS

 

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

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendations in this report reflect Community Objective 3.1 of the City’s Strategic Community Plan 2017 – “Development is managed sustainably and our environment valued.”

 

RISK ASSESSMENT

 

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

 

CONSULTATION

 

The proposal was advertised for public comment in the local newspaper and on the City’s website for a period of 21 days. The proposal was also referred to Main Roads WA for comment.

 

No submission was received from any member of the public. Main Roads advised of no objection to the proposal but would not support the placement of additional landscaping adjacent to the development site within the Bussell Highway road reserve, which was a query raised by officers.

 

OFFICER COMMENT

 

In assessing this application and formulating a recommendation, officers have considered several key issues, as outlined below.

Consistency with the Scheme and the objectives and policies of the zone

The site is zoned Agriculture, which contrary to the current name of the zone, does not mean that the land can be used only for purely agricultural purposes. The zone is proposed in the future to be renamed the ‘Rural’ zone to better reflect that the planning framework allows for a range of non-agricultural activities/development in the zone, e.g. garden centre, market, childcare premises, restaurant etc.

 

The site is a green title lot owned by the applicant, which due to the 4,177m2 size of the land parcel and extent of vegetation, is not usable for typical agricultural purposes. It is, therefore, logical that an owner of the property would seek to utilise the land for other purposes. Given the prominent location of the site along the highway at the entry to Busselton, if the land were to be sold to another party it is considered likely that other parties would seek to put pressure on the City to grant approval for development of the site for a more intensive commercial use.  As identified in the LCPS, ad-hoc commercial development along the highway is not desirable and should be prevented.

 

The proposed use is considered to be very low intensity as it does not propose any buildings and proposes to retain the majority of the existing vegetation. Almost all other commercial uses including those that the Scheme identifies as being permissible would have greater impact on the area, through the addition of buildings and removal of vegetation. The current application if approved could therefore assist in the prevention of commercialisation of the Highway, whilst providing for the beneficial use of the land.

 

Defining the proposed Use Not Listed

 

Because the proposed development is a use not listed, if approval is granted it is necessary to define the proposed use/s, otherwise we are reliant on interpretation of the words in the ‘name’.

 

It is suggested that a condition of approval require the development to comply with the following:

 

‘4WD Test Track’ - Means premises used for the off road driving of motor vehicles for testing and training purposes on an appointment only basis.

 

The ‘Informal Parking Area’ – Is for use by staff and patrons of the hereby approved development and of the developments approved on Lot 1 (No.99) Causeway Road, Busselton. The Informal Parking Area shall not be sealed or marked. 

 

Visual impact from Bussell Highway

 

As previously discussed above in regards to the compatibility of the use with its setting, it is considered that any use developed on the site should be of a low intensity with minimal visual impact when viewed from Bussell Highway. The proposal does not involve development of any buildings and proposes to retain the majority of the existing vegetation, with only limited removal of approximately three trees to facilitate manoeuvring within the informal carpark area and some removal of dead vegetation from the site.

 

To strengthen the visual appearance of when viewed from the highway, attention has been given to the need for additional screening vegetation to be installed along the southern boundary of the site adjacent to the highway. This is reflected in recommended conditions of approval requiring a landscaping plan, which provides details of the retention and planting of vegetation along the southern property boundary. Further to this, officers have corresponded with Main Roads WA to seek approval for the planting of additional vegetation adjacent to the site and within the road reserve to the highway. This request was not supported by Main Roads WA.

 

Consideration has been given to signage associated with the development being kept to a minimum and whilst recognising and agreeing with the need of the applicant to fence the 4wd test track to prevent unauthorised access, it is also considered necessary that fencing be of as little visual impact as practicable. Similarly, the scale and impact of any earthworks associated with the development should be a limited in visibility from any sensitive areas i.e. Bussell Highway. All of these matters are addressed in proposed approval conditions.

 

CONCLUSION

 

Officers are of the view that the development is consistent with the objectives and policies of the zone. It is recommended that the Council grant approval to the development subject to conditions.

 

OPTIONS

 

The Council could:

 

1.    Determine that the application is inconsistent with the objectives and policies of the zone in which development is proposed, and refuse the proposal subject to reasons.

 

2.    Apply additional or different conditions.

 

If any Councillor is minded to either of the above options officers can assist in the drafting of a suitable alternative motion.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The applicant will be notified of the Council’s decision within two weeks of a decision consistent with the officer recommendation.

 

OFFICER RECOMMENDATION

 

That the Council resolve:

 

That development application DA18/0145 submitted for a Use Not Listed - 4WD Test Track and Informal Parking at Lot 13 (No.20) Koorden Place, Reinscourt, is considered by the Council to be consistent with Local Planning Scheme No. 21 and the objectives and policies of the zone within which it is located.

 

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

 

General conditions

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

 

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

 

PRIOR TO THE COMMENCEMENT OF ANY WORKS CONDITIONS:

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

 

3.1.    Details of construction and drainage of the proposed freestyle carpark area.

 

3.2.    A Landscape Plan to be submitted to and approved by the City providing details of the retention and planting of vegetation along the Southern property boundary to provide visual screening of the development when viewed from Bussell Highway.  The Plan should include a plant schedule nominating species, planting distances, numbers, planting sizes, together with the anticipated height of each plant at maturity. 

 

PRIOR TO THE OCCUPATION/USE OF THE DEVELOPMENT:

4.    The development hereby approval shall not be occupied or used until all plans, details of works required by Condition(s) 3 have been implemented and/or the following conditions have been complied with:

 

4.1.    Fencing being provided to site boundaries, consisting of black coated chain mesh to a maximum height of 1.8m.

 

4.2.    Landscaping 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, as 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.

 

4.3.    The parking area(s), driveway(s) and point(s) of ingress and egress [including crossover(s)] shall be designed, constructed and drained.

 

ONGOING CONDITIONS:

5.    The works undertaken to satisfy Condition(s) 2, 3 and 4 shall be subsequently maintained for the life of the development and the following conditions complied with:

 

5.1.    Advertising signage associated with the approved development is restricted to a maximum of 0.5m2 affixed to the entry gate only.

 

5.2.    No earth works shall be undertaken within 10m from southern boundary of the site and no earth works shall result in change to the Natural Ground Level of the site by greater than 1.2m.

 

5.3.    No removal of vegetation is permitted unless indicated on the approved development plan, landscaping plan or has been demonstrated to the satisfaction of the City that the vegetation is dead, dying or dangerous.

 

5.4.    The operating hours of the 4WD Test track are restricted to 07:00 to 18:00, Monday to Saturday only and shall exclude Sundays and Public Holidays.

 

5.5.    The development hereby approved shall at all times comply with the following:

 

5.5.1.     ‘4WD Test Track’ - Means premises used for the off road driving of motor vehicles for testing and training purposes on an appointment only basis.

 

5.5.2.     The ‘Informal Parking Area’ – Is for use by staff and patrons of the hereby approved development and of the developments approved on Lot 1 (No.99) Causeway Road, Busselton. The informal parking Area shall not be sealed or marked.

 

 


Council

12

22 August 2018

13.1

Attachment a

Location Plan

 


Council

13

22 August 2018

13.1

Attachment b

Development Plan

 

 


Council                                                                                      14                                                                 22 August 2018

14.             ENGINEERING AND WORKS SERVICES REPORT

Nil


Council                                                                                      20                                                                 22 August 2018

15.             COMMUNITY AND COMMERCIAL SERVICES REPORT

15.1           PROPOSAL TO EXTEND RETAIL TRADING HOURS

SUBJECT INDEX:

PROPOSAL TO EXTEND RETAIL TRADING HOURS

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Commercial Services  

ACTIVITY UNIT:

Economic Development

REPORTING OFFICER:

Economic and Business Development Coordinator  - Jaylene Chambers

AUTHORISING OFFICER:

Director, Community and Commercial Services - Cliff Frewing

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Proposed Changes to Retail Trading - History of Events

Attachment b    Your Say Survey Results 11 June - 18 July 2018  

  

PRÉCIS

 

Following extensive consultation with stakeholders and the wider community, this report recommends that Council authorise the CEO to make an application to the Department of Mines, Industry Regulation and Safety for a permanent extension to the retail trading hours across the entire City of Busselton local government district in line with the Officers recommendation.

 

BACKGROUND

 

The Retail Trading Hours Act 1987 (the Act) applies to retail shops in Western Australia south of the 26th parallel. It sets out the trading hours and rules covering various categories of retail outlets. The trading hours of restaurants, cafes and takeaway food shops are not covered by the Act. Current State year round general retail trading hours, as per the Act are:

 

•         Monday, Tuesday, Wednesday and Friday from 8.00am to 6.00pm;

•         Thursday from 8.00am to 9.00pm;

•         Saturday from 8.00am to 5.00pm.

 

Further, the Perth metropolitan area general retail trading hours, as per the Act are:

 

•          Monday, Tuesday, Wednesday, Thursday and Friday from 8.00am to 9.00pm;

•          Saturday from 8.00am to 5.00pm;

•          Sunday and Public Holidays from 11.00am to 5.00pm;

•          Christmas Day, Good Friday and ANZAC Day: Closed.

 

Non-metropolitan Local Governments are empowered, subject to endorsement by the Minister for Commerce, to extend general retail trading hours beyond those stipulated in the Act.

 

Between 2010 – 2013, the City of Busselton conducted annual reviews and extensive consultation with the local community and businesses to determine the extended trading hours for the Christmas and holiday trading periods for Busselton and Dunsborough town sites.  Previous reviews and decisions for this period is summarised at Attachment A.

 

In April 2018 the City received a request from the Coles Supermarket located at Vasse to review the trading hours applicable for the Vasse store. City Officers consulted with the Department of Mines, Industry Regulation and Safety on whether the Busselton general retail hours extended to the town site of Vasse.

The Department indicated that the Busselton retail trading hours as determined by Variation Order 2015 were specific to the town site of Busselton and not applicable to the Vasse retail stores (despite having the same post code).

 

This highlighted the disparity between the shopping precincts within the City of Busselton and, given the population growth experienced since 2015, Officers proposed that the current general retail trading hours for the City of Busselton be reviewed and unified across the local government district, including Busselton, Dunsborough and Vasse town sites, and for any potential shopping precincts that may be developed in the future.

 

In a council report dated 23 May 2018 Council resolved (C1805/099):

 

That the Council:

 

1. Conduct stakeholder consultation and advertising as detailed in the report for the following proposed trading hours to apply to the City of Busselton local government district:

 

·     Monday to Sunday from 8.00am to 9.00pm inclusive of ALL Public Holidays (including Good Friday, ANZAC Day and Christmas Day).

 

2. Subject to there being no major objections, make application to the Department of Mines, Industry Regulation and Safety for permanent extensions to the retail trading hours across the entire City of Busselton local government district in line with recommendation 1.

 

There were some objections received and so the matter is now referred back to Council for decision.

 

The May report recommended additional trading hours on Christmas Day, Good Friday and ANZAC Day for Busselton and Vasse town sites, to reflect the trading hours in Dunsborough and provide for consistency across the district.

 

These proposed changes will apply to the entire City of Busselton local government district and hence will also apply to any potential future shopping precincts that may be developed outside of Busselton, Vasse and Dunsborough town sites.

 

Currently the trading hours operating in the City district are:

Busselton Retail Trading Hours (town)

·    Monday – Friday 8.00am to 9.00pm;

·    Saturday from 8.00amto 9.00pm;

·    Sunday and Public Holidays from 8.00am to 9.00pm;

·    Closed on Christmas Day, Good Friday and until 1.00pm on ANZAC Day.

 

Dunsborough Retail Trading Hours

·    Monday to Sunday from 8.00am to 9.00pm inclusive of ALL Public Holidays (including Good Friday, ANZAC Day and Christmas Day).

 

Vasse Retail Trading Hours

Current State year round general retail trading hours in non-metropolitan areas, as per the Retail Trading Hours Act 1987 are:

·    Monday, Tuesday, Wednesday and Friday from 8.00am to 6.00pm;

·    Thursday from 8.00am to 9.00pm;

·    Saturday from 8.00am to 5.00pm.

 


 

STATUTORY ENVIRONMENT

 

Trading hours in Western Australia are regulated by different trading restrictions applicable to various areas and types of retailers. The Act enables non-metropolitan local governments to extend general trading hours beyond standard arrangements, with endorsement by the Minister of Mines, Industry Regulation and Safety.

 

Small retail shops have no restrictions on trading hours and may continue to trade each day of the year. A ‘small retail shop’ is a shop owned by up to six (6) people who operate no more than three (3) retail shops, in which up to 25 people work at any one time (excluding apprentices).

 

Special retail shops may trade between 6.00am and 11.30pm each day of the year. Special retail shops include newsagencies and bookshops, pharmacies, garden nurseries, hardware and improvement shops, video shops, art and craft shops, souvenir and duty free shops, shops at sports venues, boating shops, motor vehicle spare parts shops and shops at international standard hotels.

 

Small retail and special retail shops must hold a Certificate from the Department of Mines, Industry Regulation and Safety to trade during these hours.

 

Various amendments have been made to the Act over the past few years which has seen the general retail trading hours extended. 

 

Under the Non-Metropolitan Local Government Empowerment Policy a number of local government authorities have removed trading hour restrictions within their jurisdictions, including the neighbouring Shires of Augusta-Margaret River, Capel, Dardanup and the City of Bunbury. The City of Busselton is one (1) of 12 local governments who have made variations to standard general retail trading hours, where;

 

•          Busselton operates under the Retail Trading Hours (Shire of Busselton) Variation Order 2015 of the Retail Trading Hours Act 1987.

 

•          Dunsborough operates under the Local Government Retail Trading Hours Exemption Order (No 23) 1993 of the Retail Trading Act 1987.

 

RELEVANT PLANS AND POLICIES

 

The recommendations are in line with Council policies.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with the Officer’s recommendation.

 

Long-term Financial Plan Implications

 

There are no long term financial implications associated with the Officer’s recommendation.

 


 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter primarily aligns with Key Goal Areas 4 of the City of Busselton’s endorsed Strategic Community Plan 2017:

 

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.

 

Extended retail trading hours also assist the City in meeting its objective to become the ‘Events Capital of WA’ by providing a range of retail services to better serve the needs of visitors to the region, thereby value-adding to events, and further encouraging increased visitation and attraction of events to the region.

 

RISK ASSESSMENT

 

The recommendations contained within this report are not considered to present any risks of a medium or greater level.

 

CONSULTATION

 

Under the rules and guidelines for permanent/long term variations to the Order for Non- Metropolitan Governments, a community consultation process is required.  In line with Council Resolution C1805/099 the following stakeholder consultation has occurred:

 

•       Letters sent to the major retailers advising of the proposed changes and public consultation, including an opportunity to meet with the City to discuss any questions or concerns;

•       Letters sent requesting feedback via a ‘Your Say Survey’ and individual meetings held with the Busselton and Dunsborough Chamber of Commerce and Industry, MRBTA, local member of State Parliament Ms Libby Mettam MLA;

•       A City of Busselton ‘Your Say Survey’ was advertised for a four-week period.  The survey asked respondents if they supported the proposed changes and also requested additional information as to the reason for and against supporting the changes to retail trading hours;

•       Weekly advertising in the local media occurred over a four-week period from 15 June – 6 July 2018;

•       Advertising of the ‘Your Say’ survey was conducted at local Busselton and Dunsborough combined Chamber (CCI) events;

•       Advertising of the ‘Your Say’ Survey via various Social Media posts via Facebook from 11 June - 13 July 2018;

•       General advertising via notice boards and customer service areas across City Buildings and Facilities;

•       A link to the survey was promoted through the City’s Bay to Bay monthly newsletter; and

•       The Busselton and Dunsborough Chambers and MRBTA included a link to the survey in their individual monthly newsletters.

 

The City’s Your Say Survey was open for comment for a period of four weeks with the following key results:

 

•       369 people viewed the survey;

•       131 people completed the survey;

•       The largest age group of respondents were equally between the age of 45 -54 and the 55-64 age group;

•       95% of respondents did not own a retail business within the City of Busselton district;

•       Over 70% off respondents supported the proposed changes to retail trading hours in the City of Busselton;

•       The main reason people supported the proposed change was ‘Convenience for Residents and Tourists’; and

•       The main reason people did not support the changes were ‘Imposition on family / Recreational Time’.

 

A comprehensive evaluation of the City’s Your Say Survey can be viewed at Attachment C.

 

OFFICER COMMENT

 

Unified retail trading hours provide benefits by activating the main City town centres for business and tourist operators and by attracting more people to the townsites, providing a better experience for tourists.  It can also encourage an extended length of stay and increased visitor spend, as evidenced by data produced by the tourism industry.  Further, as the City continues the upgrade of the Busselton Foreshore, attracts further investment to the area, and nears completion of the Busselton-Margaret River Airport redevelopment, the number of visitors to the City on a year-round basis will only continue to increase.  As the City continues to develop as a tourist destination, more flexibility in trading hours across the district is essential.

 

At this stage, the proposed application will benefit both Busselton and Vasse townsites but in time may apply to other retailers as the City grows and develops. City officers cannot see any reason for having different trading hours for the same retail outlet in three different locations within the City. Further the majority of businesses operating in Busselton, Dunsborough and now Vasse are as classified as ‘small business’ and have the ability to operate 24 hours per day.  It is only those that fall into the ‘general retail’ category that currently operate within the regulated trading regime.  The proposed trading hours will ensure equity and consistency for retail operators throughout the district, allow them to extend their retail offerings at their individual choice, and create critical mass to further support small business should they choose to open similar hours.

 

Officers have reviewed the results of the stakeholder consultation and, based on the feedback received, and also that the major retailers did not raise any concerns or objections (or request individual meetings with Officers), Officers recommend that the Council apply to the Department of Mines, Industry Regulation and Safety to unify all general retail trading hours across the City of Busselton local government district to:

 

·    Monday to Sunday from 8.00am to 9.00pm inclusive of ALL Public Holidays.

 

This will bridge the gap between the disparate trading regimes that exist between Busselton and Dunsborough. This option also allows individual retailers to operate the hours of their choice, keeps Busselton competitive in terms of retail opportunities, and reduces the potential leakage of retail spend to areas outside of the District that have more favourable trading regimes.  This option is incorporated into the Officer Recommendation.

 

CONCLUSION

 

Extended retail trading hours has the potential to provide the region with significant economic return through increased consumer spending, visitor numbers, and events to the region.  In turn, it is anticipated that such increased economic activity will result in increased investment and attraction of other industry sectors to the region.  In order to achieve this, it must be recognised that the City needs to achieve a balance between consumer demand and the hours in which retailers are prepared to open.  Results of the City’s ‘Your Say’ stakeholder survey confirm this recommendation.

 

OPTIONS

 

Council may elect to:

 

·    Not support the Officer’s recommendation and make no changes to the retail trading hours within the City of Busselton; or

·    Determine a different option based on alternative trading hours for different town sites within the City of Busselton.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should Council endorse the Officer Recommendation, Officers will make an application to the Department of Mines, Industry Regulation and Safety.

 

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.    Receive and note the results of the public consultation process and endorse the following:

 

2.   Make an application in writing to the Department of Mines, Industry Regulation and Safety for permanent extensions to the retail trading hours across the entire City of Busselton Local Government District in line with the following:

 

·    Monday to Sunday from 8.00am to 9.00pm inclusive of ALL Public Holidays (including Good Friday, ANZAC Day and Christmas Day).

 


Council

23

22 August 2018

15.1

Attachment a

Proposed Changes to Retail Trading - History of Events

 


 


 


Council

25

22 August 2018

15.1

Attachment b

Your Say Survey Results 11 June - 18 July 2018

 


 


 


 


 


 


 


 


Council                                                                                      35                                                                 22 August 2018

15.2           COMMUNITY SPORT AND RECREATION FACILITIES FUND - SMALL GRANTS ROUND APPLICATIONS WINTER 2018

SUBJECT INDEX:

CSRFF 2018

STRATEGIC OBJECTIVE:

A community with access to a range of cultural and art, social and recreational facilities and experiences.

BUSINESS UNIT:

Community Developement  

ACTIVITY UNIT:

Community Services

REPORTING OFFICER:

Club Development Officer - Pam Glossop

AUTHORISING OFFICER:

Director, Community and Commercial Services - Cliff Frewing

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   CSRFF Busselton Croquet Club Application  

  

PRÉCIS

 

Each year Local Government Authorities are required to rate and prioritise the Community Sport and Recreation Facilities Fund (CSRFF) submissions received within their municipality.  Small Grant applications must be submitted by local government authorities to the Department of Local Government, Sport and Cultural Industries (DLGSC) by 31 August 2018.

 

The purpose of this report is to meet the CSRFF criteria, by outlining the submissions received for projects within the City for this current funding round, and seek Council’s support for the proposed rating and ranking of the applications, prior to forwarding to DSR for final consideration.

 

BACKGROUND

 

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

 

Small Grant Applications must be submitted to DLGSC from Local Government Authorities by the end of March and August each year. In 2018/2019 the maximum total project cost for the Small Grant Round is $5,000 to $200,000 (excluding GST).

 

 In order to assist with the evaluation of submissions and to ensure projects are viable and appropriate, DLGSC has developed “Key Principles of Facility Provision” criteria. Accordingly, each submission is to be assessed against those criteria and Local Government Authorities are required to rate and prioritise local submissions using the following guide:

 

RATE

DESCRIPTION

A

Well planned and needed by the municipality

B

Well planned and needed by the applicant

C

Needed by the municipality, more planning required

D

Needed by the applicant, more planning required

E

Idea has merit, more preliminary work needed

F

Not recommended

 

Applications for the current funding round closed on Monday, 24 July 2018, with prioritised applications to be forwarded the South West Office of Sport and Recreation no later than 31 August 2018.

 


 

During September to November 2018, applications will be evaluated and ranked by relevant State Sporting Associations and the CSRFF Assessment Panel, prior to the outcome being announced by the Minister for Local Government, Sport and Cultural Industries. Funds for successful applications will become available around December 2018/January 2019.

 

One application was received for the winter small grants round as follows:

 

1.    Busselton Croquet Club – Construction of third croquet green.  (Churchill Park, Portion of Lot 410, corner Brown Street and Kent Street, Busselton)

 

STATUTORY ENVIRONMENT

 

Nil

 

RELEVANT PLANS AND POLICIES

 

The officer’s recommendation is aligned to the Social Plan 2015-2025. A key goal of this plan is to “create needed, quality, sustainable recreation and leisure facilities and services for our community.”

 

FINANCIAL IMPLICATIONS

 

The CSRFF application for the development of a third croquet green project has a total cost of $132,272 (ex GST). This includes $22,000 for the old clubroom/shed demolition. The City’s contribution towards this project is a third of the total project cost, i.e. $44,091. The City has allocated funds in the 2018/19 budget towards this project. The Club would be required to contribute one third of the cost which would include in-kind labour.

 

 

Contribution towards Project

Cost ex GST

 

Applicant Cash

44,090

 

City - Busselton Croquet Club – 3rd green budget allocation

44,091

 

CSRFF grant application

44,091

 

Total Project Cost

132,272

 

It should be noted that the Busselton Croquet CSRFF application seeks a commitment of $68,000 from the City towards the project, which was based on the original amount that Council had allocated in the LTFP. Since this figure was determined, revised costings have reduced the cost to all parties involved.

 

Long-term Financial Plan Implications

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter aligns with the City of Busselton Strategic Community Plan 2017 and principally with the following key goal area and community objective:

 

Community – Welcoming, friendly and healthy

1.3          A community with access to a range of cultural and art, social and recreational facilities and experiences.

 

 


 

RISK ASSESSMENT

 

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

 

CONSULTATION

 

Consultation has taken place between Officers of the City and staff from the DLGSC in regards to the funding submission received and application to be submitted by the City. Consultation has also taken place between City Officers assessing the application and the Busselton Croquet Club.

 

OFFICER COMMENT

 

One application from the Busselton Croquet Club for a third croquet green has been received for consideration in the current round of funding. The project has a total cost of $132,272 (ex GST). The City is contributing $44,091 towards the project, the Club is requesting $44,091 of funding from DLGSC and the club is contributing $44,090.

This project consists of the following components:

·    Removal/demolition of the old clubhouse

·    Realignment of two greens

·    Creation of a new 3rd green

·    Removal of turf from the existing greens (2)

·    Upgrading of the 3 greens to a consistent playing surface

·    Installation of a new reticulation system

 

The application for funding is to meet the growing membership of the Club. The club membership has grown by 50% in the past 5 years.

 

For a number of years, the City and the Croquet Club have been in discussions regarding their need for additional greens and suitable clubrooms to accommodate their growing membership.  In 2017, the City acquired a transportable building which was relocated to Churchill Park. The placement of the transportable provided scope for the future expansion of the playing greens. 

 

The third green is essential to meet the current growth trends in the sport and is supported by the State Sporting Association.

 

In order to fit three greens into the land available, the existing greens have had to be realigned. The realignment will need extra land and the leases with the BCC and the Bowling Club will need to be surrendered and new leases entered into to reflect the change in tenure. This is the subject of a separate report to Council included on this agenda.

 

To have a consistent playing surface, the existing greens will need to be excavated with new greens developed and grassed. Also included in the project is the removal of the existing old clubrooms.

 

CONCLUSION

 

The application received for the 2018/19 CSRFF Small Grants funding round shows sound reasoning and justification.  It is recommended that this project be assessed as a ‘high’ priority and that it is rated (B) Well planned and needed by the applicant and a number one priority for consideration in this round.

 

 

OPTIONS

 

Council could decide not to support the BCC application received for the 2018/19 CSRFF Small Grants funding.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

DLGSC will be advised in writing of the Council’s decision prior to the end of August 2018 when the full contents of the application are forwarded to their regional office in Bunbury.

 

OFFICER RECOMMENDATION

 

That the Council resolves to support the submission of an application for the Busselton Croquet Club - Development of third croquet green - to the Department of Local Government, Sport and Cultural Industries Community Sport and Recreation Facilities Fund, and rates the application as a priority ‘B’ project, rank number 1.

 

 


Council

41

22 August 2018

15.2

Attachment a

CSRFF Busselton Croquet Club Application

 


 


 


 


 


 



 



 


 


 


Council                                                                                      52                                                                 22 August 2018

16.             FINANCE AND CORPORATE SERVICES REPORT

16.1           PROPOSED AMENDMENT TO THE BUSSELTON BOWLING CLUB AND THE BUSSELTON CROQUET CLUB LEASE BOUNDARIES TO ACCOMMODATE PLAYING GREENS FOR CROQUET CLUB

SUBJECT INDEX:

Agreements and Contracts

STRATEGIC OBJECTIVE:

A community with access to a range of cultural and art, social and recreational facilities and experiences.

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Property Services

REPORTING OFFICER:

Property Coordinator - Ann Strang

AUTHORISING OFFICER:

Manager Legal and Property Services - Martyn Cavanagh

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   PLAN SHOWING CURRENT LEASED BOUNDARIES

Attachment b    PLAN SHOWING PROPOSED LEASED BOUNDARIES  

  

PRÉCIS

 

The Busselton Croquet Club Inc. (Croquet Club) and the Busselton Bowling Club (Bowling Club) both lease a portion of land on Churchill Park, being Lot 410 Adelaide Street, Busselton.  The two leased areas share one common boundary.

 

The Croquet Club are seeking to redevelop their playing greens to accommodate a third green.  To do so, a portion of land which is currently leased to the Bowling Club is required.  This would involve an adjustment to the common boundary for both leases The Croquet Club are in the process of applying for funding from the Department of Local Government, Sport & Cultural Industries (DLGSCI) and for this to be considered security of tenure of the land is required.

 

The purpose of this report is to inform Council of the consultation undertaken with the Bowling Club and to seek Council’s endorsement to amend both parties leased boundaries which will require their existing leases to be surrendered and new leases entered into.

 

BACKGROUND

 

Churchill Park, is the subject of a Crown Grant in Trust with the City for the purposes of Recreation.  Churchill Park has been used by community and sporting groups since 1942 and is currently used year round as a multi-purpose venue.  The park is generally available for community use with only selected areas subject to leases.  The Croquet Club, Bowling Club, Busselton Harness Racing Club, Southern Districts Agricultural Society and Busselton City F.C. (formerly the Busselton Soccer Club Inc.) all have a leasehold interest in certain parts of the land.  All leases were granted so as to expire simultaneously; thus allowing for the use of the overall site, at that expiry time, to be considered on a holistic basis.  The leases are due to expire on the 21 August 2029.

 

Croquet Club

For a number of years, the City and the Croquet Club have been in discussions regarding their needs for additional greens and suitable clubrooms to accommodate their growing membership.  In 2017, the City acquired a transportable building which was relocated to Churchill Park. The placement of the transportable provided scope for future expansion of playing greens. 

 

As the transportable was located outside the Croquet Club’s leased area a report was presented to Council in August 2017, seeking approval to grant a new lease to the Croquet Club to include this additional parcel of land.   


 

The Council resolved (C1708/191) to surrender the Croquet Club’s lease and simultaneously enter into a new lease for the revised area as shown outlined in red on Attachment A. The expiry date was to coincide with the term of their existing lease, therefore a new lease was offered for a term of just under 12 years, expiring 21 August 2029.

 

The Croquet Club are now keen to secure funding for a third green. To be considered they must have security of tenure over the land. The additional land that they require is outside their existing leased premises.  The land they require, is shown stippled red on Attachment B.  The greater part of this, approximately 300m², is presently part of the land leased to the Bowling Club, which is shown as the area bounded in green on Attachment A.

 

Bowling Club 

 

In August 2009, the Council resolved (C0908/293) to enter into a new lease with the Bowling Club. The term of the lease was to be for 10 years with a further 10 year option.  The first term is due to expire on the 21 August 2019 and the club have indicated that they intend to excise their option, therefore the lease will expire on the 21 August 2029.  The lease includes the greens, clubrooms and car parking within the fenced boundary. 

 

To effect the proposed changes to the existing leased boundaries, it is necessary for both the Bowling Club and the Croquet Club to surrender their existing leases and simultaneously enter into new leases of the revised areas.  The terms and conditions of the proposed new leases are detailed in the Officer Recommendation section of this report.

 

STATUTORY ENVIRONMENT

 

When disposing of property whether by sale, lease or other means, a Local Government is bound by the requirement of section 3.58 of the Local Government Act which requires giving local public notice when disposing of property.  There are exemptions to this process under Regulation 30 (2)(b) (i) and (ii) of the Local Government (Functions & General) Regulations which states “disposal of land to incorporated bodies with objects of benevolent, cultural, educational or similar nature and the members of which are not enlisted to receive any pecuniary profit from the body’s transactions, are exempt from the advertising and tender requirements of section 3.58 of the Local Government Act”.  The constitutions of both the Croquet Club and the Bowling Club are such that this exemption applies.

 

The land occupied by both parties is Lot 410 Adelaide Street, Busselton on Deposited Plan 216960, Volume 1850 and Folio 572.  In 1989 the land, formerly Reserve 629 was transferred from the Crown to the City in fee simple as a Crown Grant in Trust, subject to conditions regarding use of the land. The transfer restricts the use of the land to ‘Recreation’ and, under Section 75(5) of the Land Administration Act 1997, consent of the Minister for Lands is required for any lease on this land

 

RELEVANT PLANS AND POLICIES

 

The recommendation to enter into a lease with the Croquet Club and the Bowling Club is generally consistent with the principles of the Leases of City Land and Buildings Policy, adopted by Council on 27 July 2016.  The lease term is however proposed to be consistent with all other current leasehold interests on Churchill Park. 

 


 

FINANCIAL IMPLICATIONS

 

Croquet Club

 

In 2017, when the Croquet Club surrendered their lease and entered into a new lease it was recommended that the rent commence at $205 per annum inclusive of GST and that the rent be reviewed annually by CPI.  Effective from 1 July 2018, rent applied to community and sporting groups is $220.00 per annum and the City has introduced a new rent review process whereby the annual rent will increase by $5.00 on each anniversary (all amounts are inclusive of GST) as opposed to CPI, alleviating the laborious administrative process of these reviews.   It is recommended that this rental amount and review process is applied to the Croquet Club in the new lease.

 

Bowling Club

 

When the lease with the Bowling Club was entered into, the annual rent charged to community and sporting groups leasing City owned and managed land was $150.00 per annum.  Further there was no annual rent review as part of standard lease terms.  As the Bowling Club is being asked to relinquish a portion of their leased premises for the duration of their existing lease, it is proposed that the terms and conditions of their existing lease remain the same, meaning the annual rent applied will remain at $150 per annum.

 

There would be no other financial implication in relation to the leases, as both parties would remain responsible for all outgoings and the costs of managing and maintaining their leased premises.

 

Long-term Financial Plan Implications

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

The officer recommendation is consistent with Key Goal Area 1 of the City’s Strategic Community Plan 2017 and specifically the Community Objective 1.3 - A community with access to a range of cultural and art, social and recreational facilities and experiences.

 

RISK ASSESSMENT

 

There are no identified risks assessed as being of a medium or greater level associated with the Officer recommendation, with the recommendation serving to mitigate the risks associated with there not being a lease in place if the Croquet Club are successful with their grant application.

 

CONSULTATION

 

City staff consulted with the Bowling Club and the Croquet Club regarding the proposed changes to the leased boundaries.  Whilst both parties are keen to see the area developed and improved, there has been some concerns raised by the Bowling Club.  The Bowling Club have written to the City in support of the redevelopment but have asked that they are compensated in some way.  They would like to be offered a longer term lease. Detail on their request is provided in the Officer Comment section of this report.  

 


 

OFFICER COMMENT

 

The Croquet Club are seeking funding through the Community Sport and Recreation Facilities Fund (CSRFF) to redevelop their third green.  A report rating and prioritising the CSRFF submissions is being presented to Council on this same agenda.  Should the Council support the Croquet Club’s submission, the Croquet Club will need to be able provide evidence that they will have security of tenure over this land.

 

To accommodate this, the Bowling Club will have to relinquish approximately 300m² of their existing leased area.   This area includes 7 car parking bays and a portion of the driveway.  Whilst the City acknowledges this, last year a 56 bay public car park was constructed adjoining the Bowling Club in anticipation of the future growth and expansion needs of the users of the park. This City initiative has significantly improved the parking logistics of the site for the users. Additionally, the City has allocated funds in this financial year’s budget to upgrade the existing carpark within the Bowling Club leased area. Approximately 8 car parking bays may be lost during this reconfiguration as the existing car park does not meet current standards, it will however reduce the clubs risks associated the current compact layout.

 

The Kent Street entrance driveway to the Bowling Club leased premises would be affected by the boundary changes, and would no longer be accessible.  The Bowling Club do not have an issue with this but would prefer that the remainder of the land between both clubs greens is retained in their leased premises for their future use. The Bowling Club have advised that if they undergo a redevelopment of their greens in the future, there may be a need to utilise some of this area. 

 

The proposed changes to the leased areas will require both the Bowling Club and the Croquet Club’s existing lease to be surrendered and new leases to be entered into.

 

As mentioned, the Bowling Club support the redevelopment however they would like to be compensated with a longer term lease, their preference is a 20 year term.  This longer term is not consistent with the recent resolutions of Council relating to Churchill Park.  Churchill Park will form part of the strategic review of the City’s sporting facilities and by committing to a longer term lease this will reduce our ability to make minor changes to the leased boundaries if necessary. It is therefore recommended that the expiry of the lease remains the same, being 21 August 2019. 

 

The Bowling Club’s current lease restricts the use of their premises to activities associated with their Association objectives.  The Bowling Club have requested that the permitted use of the Premises under a new lease allow them to offer other Churchill Park users and like-minded organisations the opportunity to use their clubrooms.   While supported, conditions are recommended in the lease limiting the hire to be incidental to the primary purpose of the lease.   Additionally the Bowling Club are to ensure that their insurance covers such use.  

 

As per the Financial Implications section of this report, it is recommended that the Bowling Club’s rent remain the same as their current lease.  However, as the Croquet Club are benefiting from this transaction, it is proposed that the rent currently charged to sporting and community groups be applied.  In 2029, when the leases expire, the City could then reconsider the provisions of the leases on Churchill Pak such as the rent, rent reviews and the term.

 

Other than the variations mentioned above, it is proposed that all other terms and conditions of both clubs existing lease remain the same, including that they are to remain responsible for maintenance obligations of the leased area. 

 


 

CONCLUSION

 

It is recommended that Council resolve to enter into a deed of surrender with the Bowling Club, the surrender would be conditional on the Croquet Club receiving suitable grant funding to construct their third green.  If the Croquet Club are successful the City would then finalise the surrender with the Croquet Club and enter into a new leases with both clubs.

 

OPTIONS

 

It is anticipated that the current leases would be surrendered and new leases executed by all parties prior to the construction of the new croquet greens.  Should the Croquet Club be unsuccessful with their application then the leases will remain the same until such time that the project is ready to proceed.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The current leases would be surrendered and new leases executed by all parties prior to the construction of the new croquet greens.  Should the Croquet Club be unsuccessful with their application then the leases will remain the same until such time that the project is ready to proceed.

 


 

OFFICER RECOMMENDATION

 

That the Council:

 

1.    Enter into a deed of surrender of the current lease between the City of Busselton and the Busselton Bowling Club Inc., conditional on the Busselton Croquet Club Inc. obtaining sufficient grant funding to redevelop three croquet greens and a new lease being entered into in accordance with conditions stated in part (2).

 

2.    Subject to part (1), enter into a lease, subject to the consent of the Minister for Lands, with the Busselton Bowling Club Inc. for a portion of Lot 410, Deposited Plan 216960, Volume 1850, Folio 572, 78 Adelaide Street Busselton, as shown outlined green on Attachment B, on the following terms: 

 

a)    The term of the lease will commence on the surrender of the existing lease and expire on  21 August 2029;

b)    The  rent to commence at $150.00 inclusive of GST per annum;

c)    The permitted use will allow the Tenant to hire the Premises to other sporting and community groups, with hire to be incidental to the primary purpose of the lease. Additionally the Bowling Club are to ensure that their insurance covers such use; and

d)    The City’s costs associated with the surrender of the existing lease and with the preparation of the new lease to be met by the City; and

e)    Other terms to be consistent with the City’s standard community group lease. 

3.    Subject to part (1) accept the surrender of the current lease between the City of Busselton and the Busselton Croquet Club Inc, subject to a new lease being entered into in accordance with part (4).

 

4.    Subject to part (1), enter into a lease, subject to the consent of the Minister for Lands, with the Busselton Croquet Club Inc. for a portion of Lot 410, Deposited Plan 216960, Volume 1850, Folio 572, 78 Adelaide Street Busselton, as shown outlined red on Attachment B, on the following terms: 

 

a)    The term of the lease will commence on the surrender of the existing lease and expire on  21 August 2029;

b)    The  rent to commence at $220.00 inclusive of GST per annum and increased annually by $5.00 inclusive of GST; and

c)    Other terms to be consistent with the City’s standard community group lease.

 

 


Council

53

22 August 2018

16.1

Attachment a

PLAN SHOWING CURRENT LEASED BOUNDARIES

 


Council

54

22 August 2018

16.1

Attachment b

PLAN SHOWING PROPOSED LEASED BOUNDARIES

 


Council                                                                                      57                                                                 22 August 2018

16.2           COUNCILLORS' INFORMATION BULLETIN

SUBJECT INDEX:

Councillor's Information

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Governance Services

ACTIVITY UNIT:

Governance Services

REPORTING OFFICER:

Administration Officer - Governance - Kate Dudley

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Planning Applications received by the City between 16 July, 2018 and 31 July, 2018

Attachment b    Planning Applications determined by the City between 16 July, 2018 and 31 July, 2018

Attachment c    Meelup Regional Park Management Committee  

  

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

16.2.1    Planning & Development Services Statistics

 

Planning Applications

 

Attachment A is a report detailing all Planning Applications received by the City between 16 July, 2018 and 31 July, 2018. A total of 55 formal applications were received during this period.

 

Attachment B is a report detailing all Planning Applications determined by the City between 16 July, 2018 and 31 July, 2018. A total of 39 applications (including subdivision referrals) were determined by the City during this period with 39 approved / supported and 0 refused / not supported.

16.2.2    2017/2018 TENDERS

 

RFT24/17 PROVISION OF TRAFFIC MANAGEMENT SERVICES

 

PQS02/18 RPOVISION OF TRAFFIC MANAGEMENT SERVICES – REQUEST FOR APPLICATIONS TO JOIN A PANEL OF PRE-QUALIFIED SUPPLIERS

 

Council resolved on 11 April 2018 to decline to accept any tender on the basis that the tenders received did not present best value for money. Council requested the CEO establish a panel of pre-qualified suppliers for the provision of traffic management services to the City pursuant to Part 4 Division 3 of the Local Government (Functions and General) Regulations 1996 and the City’s Purchasing Policy.

 

Pursuant to a Request for Applications to Join a Panel of Pre-Qualified Suppliers (PQS) which closed on 31 July 2018 the City received applications from 6 applicants. In accordance with delegation LG3M the CEO has authority to establish the panel and to decide which applications to accept. It is expected that evaluation of these applications will be completed and a recommendation report submitted with the CEO in September 2018.

 

PQS01/18 SUPPLY OF QUARRY PRODUCTS – REQUEST FOR APPLICATIONS TO JOIN A PANEL OF PRE-QUALIFIED SUPPLIERS

 

The City of Busselton requested applications to join a panel of pre-qualified suppliers (PQS) for the provision of quarry products to the City.  The PQS was advertised on 21 April 2018 with a closing date of 8 May 2018.  A total of 7 applications were received. In accordance with delegation LG3M the CEO has authority to appoint applicants to be part of a panel of pre-qualified suppliers.  It is anticipated that the evaluation will be completed and a recommendation report made to the CEO in August 2018.

 

RFT08/18 SUPPLY OF SOILS AND MULCH

 

The City of Busselton invited tenders for the supply and delivery of soils and mulch within the City of Busselton.  The tender was advertised on 9 June 2018 with a closing date of 26 June 2018.  A total of 4 tenders were received.  The value of the contract is not expected to exceed the CEO’s delegated authority. It is anticipated the evaluation will be completed and a recommendation report presented to the CEO in August 2018.

 

RFT09/18 PROVENCE ESTATE LANDSCAPE MAINTENANCE

 

The City of Busselton invited tenders for the provision of maintenance services for 4 landscaped public open spaces located at Provence Estate (excluding trees, medians and roundabouts).  The tender was advertised on 30 June 2018 with a closing date of 17 July 2018.  A total of 5 tenders were received. The value of the contract is not expected to exceed the CEO’s delegated authority. It is anticipated the evaluation will be completed and a recommendation report presented to the CEO in August 2018.

 

RFT10/18 PROVISION OF EQUIPMENT FINANCE LEASE FOR COMPUTER DESKTOP REPLACEMENT PROGRAM

 

The City of Busselton invited tenders for the provision of an equipment finance lease for the City’s Computer Desktop Replacement Program.  The tender was advertised on 16 June 2018 with a closing date of 2 July 2018.  A total of 5 tenders were received. Pursuant to Council Resolution C1802/019 the CEO is authorised to procure the funding for the City of Busselton Desktop Computer Replacement Program subject to various conditions, including that the contract value is not to exceed $700,000.  The evaluation has been completed and a contract awarded by the CEO under delegated authority to Maia Financial Pty Ltd.

 

RFT11/18 TURF MAINTENANCE SERVICES

 

The City of Busselton invited tenders for the provision of turf maintenance services to the City of Busselton, including maintaining healthy turf grass on broadacre sites such as playing fields and other public open spaces.  The tender was advertised on 30 June 2018 with a closing date of 26 July 2018.  A total of 3 tenders were received. The value of the contract is not expected to exceed the CEO’s delegated authority. It is anticipated the evaluation will be completed and a recommendation report presented to the CEO in August 2018.

 


 

RFT12/18 CONSTRUCTION OF BUSSELTON TENNIS CLUBHOUSE

 

The City of Busselton invited tenders for the construction of the Busselton Tennis Club Clubhouse.  The tender was advertised on 14 July 2018 with a closing date of 7 August 2018.  A total of 7 tenders were received. The value of the contract will exceed the CEO’s delegated authority and it is anticipated that a recommendation report will be presented to Council in September 2018.

 

RFT13/18 PROVISION OF GYM EQUIPMENT FOR GEOGRAPHE LEISURE CENTRE, BUSSELTON

 

The City of Busselton invited tenders for the provision and maintenance of gym equipment, including software and the removal of existing equipment at the Geographe Leisure Centre, Busselton. The tender was advertised on 4 August 2018 with a closing date of 21 August 2018.  The value of the contract is not expected to exceed the CEO’s delegated authority. It is anticipated the evaluation will be completed and a recommendation report presented to the CEO in September 2018.

 

16.2.3    Meelup Regional Park Management Committee

 

Attachment C shows the informal meeting notes for the Meelup Regional Park Management Committee meeting held on Monday, 30 July 2018.

 

OFFICER RECOMMENDATION

 

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

·    16.2.1              Planning & Development Services Statistics

·    16.2.2              2017/2018 TENDERS

·    16.2.3              Meelup Regional Park Management Committee

 

 

 


Council

63

22 August 2018

16.2

Attachment a

Planning Applications received by the City between 16 July, 2018 and 31 July, 2018

 


 


 


 


 


 


 


Council

65

22 August 2018

16.2

Attachment b

Planning Applications determined by the City between 16 July, 2018 and 31 July, 2018

 


 


 


 


 


Council

73

22 August 2018

16.2

Attachment c

Meelup Regional Park Management Committee

 


 


 


 


 


Council                                                                                      75                                                                 22 August 2018

17.             CHIEF EXECUTIVE OFFICER'S REPORT

18.             MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

19.             urgent business

20.             Confidential Matters

21.             Closure