COB-RGB

 

 

 

 

 

Council Agenda

 

 

 

30 January 2019

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 30 January 2019

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Council will be held in the the Council Chambers, Administration Building, Southern Drive, Busselton on Wednesday, 30 January 2019, 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

 

18 January 2019


CITY OF BUSSELTON

Agenda FOR THE Council MEETING TO BE HELD ON 30 January 2019

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 12 December 2018. 5

Committee Meetings. 5

8.2          Minutes of the Finance Committee Meeting held 17 January 2019. 5

9....... RECEIVING OF Petitions, Presentations AND DEPUTATIONS. 6

10..... QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION). 6

11..... Items brought forward for the convenience of those in the public gallery. 6

12..... Reports of Committee. 7

12.1        Finance Committee - 17/01/2019 - BUDGET AMENDMENT REQUEST / REVIEW... 7

12.2        Finance Committee - 17/01/2019 - FINANCIAL ACTIVITY STATEMENTS - PERIOD ENDING 30 NOVEMBER AND 31 DECEMBER 2018. 12

12.3        Finance Committee - 17/01/2019 - APPLICATION FOR RATE EXEMPTION - ACCESS HOUSING AUSTRALIA LTD.. 70

12.4        Finance Committee - 17/01/2019 - APPLICATION FOR RATE EXEMPTION - LAMP INCORPORATED.. 176

13..... Planning and Development Services Report. 234

13.1        PROPOSED AMENDMENT NO. 37 AND ASSOCIATED STRUCTURE PLAN (BUSSELTON WETLANDS CONSERVATION STRATEGY) - LOT 7 FORREST BEACH ROAD, WONNERUP. 234

14..... Engineering and Work Services Report. 248

14.1        PROPOSAL TO CLOSE PERMANENTLY PAW LOT 8000 CURRAWONG DRIVE. 248

15..... Community and Commercial Services Report. 263

16..... Finance and Corporate Services Report. 264

16.1        COUNCILLOR CARTER - REMOTE ATTENDANCE. 264

17..... Chief Executive Officers Report. 268

17.1        COUNCILLORS INFORMATION BULLETIN.. 268

18..... Motions of which Previous Notice has been Given.. 272

19..... urgent business. 272

20..... Confidential Matters. 272

20.1        RFT 16-18 OLD BUTTER FACTORY REPAIR WORKS

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

21..... Closure. 272

 


Council                                                                                      5                                                                  30 January 2019

 

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 12 December 2018

Recommendation

That the Minutes of the Council Meeting held 12 December 2018 be confirmed as a true and correct record.

 

Committee Meetings

8.2             Minutes of the Finance Committee Meeting held 17 January 2019

Recommendation

That the Minutes of the Finance Committee Meeting held 17 January 2019 be noted.

 

 

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


Council                                                                                      7                                                                  30 January 2019

12.             Reports of Committee

12.1           Finance Committee - 17/01/2019 - BUDGET AMENDMENT REQUEST / REVIEW

SUBJECT INDEX:

Budget Planning and Reporting

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Finance and Corporate Services

ACTIVITY UNIT:

Finance and Corporate Services

REPORTING OFFICER:

Manager Financial Services - Kim Dolzadelli

AUTHORISING OFFICER:

Director Finance and Corporate Services  - Tony Nottle

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

 

 

This item was considered by the Finance Committee at its meeting on 17 January 2019, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report seeks recommendation of the Finance Committee to Council for the approval of budget amendments as detailed in this report.  Adoption of the Officers recommendation will result in no change to the City’s current amended budgeted surplus position of $0.

 

BACKGROUND

 

Council adopted its 2018/2019 municipal budget on Wednesday, 25 July 2018 with a balanced budget position.

 

Since this time Council has been advised of certain funding changes that have positively impacted the original budget and Council is now being asked to consider budget amendments for the following key areas/projects:

 

1.    Trial of the Spectur HD5 Shark Warning System

2.    Vasse Hall Building Requirements

3.    Holiday Homes Compliance Officer

 

STATUTORY ENVIRONMENT

 

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

 

RELEVANT PLANS AND POLICIES

 

There are multiple plans and policies that support the proposed budget amendments.

 

FINANCIAL IMPLICATIONS

 

Budget amendments being sought will result in no change to Council’s budget surplus position of $0. 

 

LONG TERM FINANCIAL PLAN IMPLICATIONS

 

There are no Long Term Financial Plan implications in relation to this item.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter principally aligns with 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 a risk to the City, as there is with all projects undertaken, that the final cost could exceed budget. If this looks to be the case Council will be notified so a suitable offset / project scope back can be identified.

 

CONSULTATION

 

No external consultation was considered necessary in relation to the budget amendments.

 

OFFICER COMMENT

 

The Officer recommends the following requested budget amendments to the Finance Committee for consideration and recommendation to Council.

 

1.    “Trial of the Spectur HD5 Shark Warning System

 

The Spectur HD5 shark warning system is a solar powered, cloud based system that provides a remotely activated pre-recorded message and flashing lights alerting beach-goers that a shark has been sighted in waters off the beach on which they are visiting. It is a stand-alone, battery and solar powered unit with its own 3G/4G connection to the Cloud.

 

Recently, the Shire of Augusta Margaret River commenced a three-month trial of two of these units, and, following a recent demonstration of their product to Councillors by Spectur, the City of Busselton has also decided to proceed with a three-month trial of two units at beaches under our care and control, yet to be determined.

 

Planned Expenditure Item

 

Officers propose to fund the trial from the Council Budget Contingency Surplus.

 

Officers propose that the 2018/2019 adopted budget be amended to reflect the following funding changes, shown in Table 1.

 

Table 1:

 

Cost Code

Description

Current Budget

Change

Proposed Amended Budget

Expenditure

 

 

 

 

441-10980-3331-0000

Subscriptions

2,600

3,900

6,500

 

 

 

 

 

Income

 

 

 

 

100-10001-3680-0000

Budget Surplus Contingency Holding Account

43,698

-3,900

39,798

 Net Total 

46,298

0

46,298

2.    “Vasse Hall Building Requirements”

 

Urgent, unforeseen rectification works are required to a non-compliant concrete ramp at the rear entrance of the Vasse Hall (B1108) which currently presents as a trip hazard to hall users.   A cost estimate has been obtained for the works of $4,350.

 

The original allocated budget of $1,200.00 under 522-B1108-3280-0000 is available for the works, leaving a shortfall of $3,150.00, which is requested to be allocated from the Building Asset Reserve.

 

Planned Expenditure Items

The amendments shown in Table 2 will allow for rectification works to be undertaken.

 

Table 2:

Cost Code

Description

Current Budget

Change

Proposed Amended Budget

B1108

Vasse Hall

1,200

3,150

4,350

Equity

Building Asset Renewal Reserve

1,422,879

-3,150

1,419,729

Net Total

1,424,079

0

1,424,079

 

3.    “Holiday Homes Compliance Officer”

 

During the Council Briefing on 21 November 2018, Council considered the option to employ a Holiday Home Compliance Officer on a fixed term contract for a  period of 3 months.  This will allow the targeted compliance investigation of holiday homes that are advertising online that have not met the requirements of the Holiday Homes Local Law 2012 and associated Planning requirements.

 

The Holiday Home Compliance Officer position will consist of two 0.5FTE part time officers and will include work during weekends.  The position will commence on 7 January 2019 and conclude on 26 April 2019.

 

The position will be self-supporting to the extent that an increase in compliance, that is number of registrations completed, will result in the extra revenue required to staff the positions.  There will also be an ongoing revenue increase as the registrations will also initiate additional property rates being charged for the newly compliant holiday homes commencing in 2019/20.

 

Planned Expenditure Items

Officers propose that the additional expenditure will be drawn from the following accounts as shown in Table 3 below:

 

Table 3:

 

Cost Code

Description

Current Budget

Change

Proposed Amended Budget

Expenditure

 

 

 

 

440-10920-3001-0000

Salaries - Normal

609,800

33,000

642,800

 

 

 

 

 

Income

 

 

 

 

440-10920-1566-0000

Holiday Home Renewal Fee

-160,000

-33,000

-193,000

 Net Total 

449,800

0

449,800

CONCLUSION

 

Council’s approval is sought to amend the budget as per the details contained in this report. Upon approval the proposed works will be planned, organised and completed.

 

OPTIONS

 

The Council could decide not to go ahead with any or all of the proposed budget amendment requests.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should the Officer Recommendation be endorsed, the associated budget amendment will be processed within a month of being approved.

 

 

COMMITTEE RECOMMEDATION AND OFFICER RECOMMENDATION

 

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That Council endorse the requested budget amendments outlined in tables 1 to 3 below, resulting in no change to an amended budgeted surplus position of $0.

 

Table 1:

 

Cost Code

Description

Current Budget

Change

Proposed Amended Budget

Expenditure

 

 

 

 

441-10980-3331-0000

Subscriptions

2,600

3,900

6,500

 

 

 

 

 

Income

 

 

 

 

100-10001-3680-0000

Budget Surplus Contingency Holding Account

43,698

-3,900

39,798

 Net Total 

46,298

0

46,298

 

 

Table 2:

Cost Code

Description

Current Budget

Change

Proposed Amended Budget

B1108

Vasse Hall

1,200

3,150

4,350

Equity

Building Asset Renewal Reserve

1,422,879

-3,150

1,419,729

Net Total

1,424,079

0

1,424,079

 

 

 

 

 

 

 

 


 

Table 3:

 

Cost Code

Description

Current Budget

Change

Proposed Amended Budget

Expenditure

 

 

 

 

440-10920-3001-0000

Salaries - Normal

609,800

33,000

642,800

 

 

 

 

 

Income

 

 

 

 

440-10920-1566-0000

Holiday Home Renewal Fee

-160,000

-33,000

-193,000

 Net Total 

449,800

0

449,800

 

 

 


Council                                                                                      12                                                                30 January 2019

12.2           Finance Committee - 17/01/2019 - FINANCIAL ACTIVITY STATEMENTS - PERIOD ENDING 30 NOVEMBER AND 31 DECEMBER 2018

SUBJECT INDEX:

Budget Planning and Reporting

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  - Tony Nottle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Statement of Financial Activity - Period Ending 30 November 2018

Attachment b    Statement of Financial Activity - Period Ending 31 December 2018

Attachment c    Investment Report - Period Ending 30 November 2018

Attachment d   Investment Report - Period Ending 31 December 2018  

 

This item was considered by the Finance Committee at its meeting on 17 January 2019, the recommendations from which have been included in this report. 

 

PRÉCIS

 

Pursuant to Section 6.4 of the Local Government Act (‘the Act’) and Regulation 34(4) of the Local Government (Financial Management) Regulations (‘the Regulations’), a local government is to prepare, on a monthly basis, a statement of financial activity that reports on the City’s financial performance in relation to its adopted/ amended budget.

 

This report has been compiled to fulfil the statutory reporting requirements of the Act and associated Regulations, whilst also providing the Council with an overview of the City’s financial performance on a year to date basis for the period ending 30 November 2018 and 31 December 2018.

 

BACKGROUND

 

The Regulations detail the form and manner in which financial activity statements are to be presented to the Council on a monthly basis; and are to include the following:

 

§   Annual budget estimates

§   Budget estimates to the end of the month in which the statement relates

§   Actual amounts of revenue and expenditure to the end of the month in which the statement relates

§   Material variances between budget estimates and actual revenue/ expenditure/ (including an explanation of any material variances)

§   The net current assets at the end of the month to which the statement relates (including an explanation of the composition of the net current position)

 

Additionally, and pursuant to Regulation 34(5) of the Regulations, a local government is required to adopt a material variance reporting threshold in each financial year. At its meeting of 25 July 2018, the Council adopted (C1807/138) the following material variance reporting threshold for the 2018/19 financial year:

 

“That pursuant to Regulation 34(5) of the Local Government (Financial Management) Regulations, the Council adopts a material variance reporting threshold with respect to financial activity statement reporting for the 2018/19 financial year as follows:

 

·    Variances equal to or greater than 10% of the year to date budget amount as detailed in the Income Statement by Nature and Type/ Statement of Financial Activity report, however variances due to timing differences and/or seasonal adjustments are to be reported on a quarterly basis; and

Reporting of variances only applies for amounts greater than $25,000.”

 

STATUTORY ENVIRONMENT

 

Section 6.4 of the Act and Regulation 34 of the Regulations detail the form and manner in which a local government is to prepare financial activity statements.

 

RELEVANT PLANS AND POLICIES

 

There are no plans or policies directly relevant to this matter.

 

FINANCIAL IMPLICATIONS

 

Any financial implications are detailed within the context of this report.

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

Any long term financial implications are detailed within the context of this report.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter principally aligns with Key Goal Area 6 – ‘Leadership’ and more specifically Community Objective 6.1 - ‘Governance systems, process and practices are responsible, ethical and transparent’.

 

RISK ASSESSMENT

 

Risk assessments have been previously completed in relation to a number of ‘higher level’ financial matters, including timely and accurate financial reporting to enable the Council to make fully informed financial decisions. The completion of the monthly Financial Activity Statement report is a control that assists in addressing this risk.

 

CONSULTATION

 

Consultation is not applicable in relation to this matter.

 

OFFICER COMMENT

 

In order to fulfil statutory reporting requirements, and to provide the Council with a synopsis of the City’s overall financial performance on a full year basis, the following financial reports are attached here to:

 

§   Statement of Financial Activity

This report provides details of the City’s operating revenues and expenditures on a year to date basis, by nature and type (i.e. description). The report has been further extrapolated to include details of non-cash adjustments and capital revenues and expenditures, to identify the City’s net current position; which reconciles with that reflected in the associated Net Current Position report.

§   Net Current Position

This report provides details of the composition of the net current asset position on a full year basis, and reconciles with the net current position as per the Statement of Financial Activity.

 

 

§   Capital Acquisition Report

This report provides full year budget performance (by line item) in respect of the following capital expenditure activities: 

·   Land and Buildings

·   Plant and Equipment

·   Furniture and Equipment

·   Infrastructure

 

§   Reserve Movements Report

This report provides summary details of transfers to and from reserve funds, and also associated interest earnings on reserve funds, on a full year basis.

 

Additional reports and/or charts are also provided as required to further supplement the information comprised within the statutory financial reports.

 

COMMENTS ON FINANCIAL ACTIVITY TO 31 DECEMBER 2018

 

Given this report includes the Statement of Financial Activity for the periods ending 30 November 2018 and 31 December 2018 the following commentary is focused on the Statement for the period ending 31 December 2018 which shows a better than expected Net Current Position “Surplus” of $24.848M being $12.748M higher than year to date (YTD) budget YTD budget of $12.099M.

 

The following summarises the major variances in accordance with Council’s adopted material variance reporting threshold that collectively make up the above difference:

 

Description

2018/2019
Actual

2018/2019
Amended
Budget YTD

2018/2019
Amended
Budget

2018/19
YTD Bud Variance

2018/19
YTD Bud Variance

 

$

$

$

%

$

Revenue from Ordinary Activities

 

Other Revenue

357,898

192,531

362,981

85.89%

165,367

 

 

Expenses from Ordinary Activities

 

Materials & Contracts

(8,258,468)

(9,338,486)

(18,952,210)

11.57%

1,080,018

Utilities (Gas, Electricity, Water etc)

(1,107,273)

(1,284,216)

(2,569,240)

13.78%

176,943

Depreciation on non current assets

(11,137,153)

(9,659,824)

(19,070,922)

-15.29%

(1,477,329)

Insurance Expenses

(713,890)

(580,819)

(698,808)

-22.91%

(133,071)

Other Expenditure

(1,230,086)

(2,368,104)

(4,795,009)

48.06%

1,138,018

 

 

Non-Operating Grants, Subsidies and Contributions

2,340,437

8,913,706

32,443,772

-73.74%

(6,573,269)

 

 

 

 

Adjustments for Non-cash Revenue & Expenditure

 

Depreciation

11,137,153

9,659,824

19,070,922

-15.29%

1,477,329

Donated Assets

(42,000)

(5,000)

(8,365,000)

-740.00%

(37,000)

(Profit)/Loss on Sale of Assets

(66,166)

(17,114)

(47,560)

-286.62%

(49,052)

 

 

Capital Revenue & (Expenditure)

 

Land & Buildings

(643,086)

(9,639,598)

(17,902,816)

93.33%

8,996,512

Plant & Equipment

(1,336,380)

(2,955,500)

(6,880,100)

54.78%

1,619,120

Description

2018/2019
Actual

2018/2019
Amended
Budget YTD

2018/2019
Amended
Budget

2018/19
YTD Bud Variance

2018/19
YTD Bud Variance

Furniture & Equipment

(174,675)

(465,803)

(883,640)

62.50%

291,128

Infrastructure

(9,528,499)

(18,370,980)

(37,380,261)

48.13%

8,842,481

Proceeds from Sale of Assets

541,945

748,350

1,045,950

-27.58%

(206,405)

Proceeds from New Loans

0

1,500,000

3,150,000

-100.00%

(1,500,000)

Transfer to Restricted Assets

(702,383)

(273,996)

(551,000)

-156.35%

(428,387)

Transfer from Restricted Assets

5,002,527

6,285,180

14,423,922

-20.41%

(1,282,653)

 

Revenue from Ordinary Activities:

 

YTD actual income from ordinary activities is $263K more than expected when compared to YTD budget with the only item meeting the material variance reporting threshold being “Other Revenue” which is $165k better than YTD budget.  This variance is due to better than expected returns on sale of scrap metal.

 

Expenses from Ordinary Activities

 

Expenditure from ordinary activities, excluding depreciation, is $2.915M less than expected when compared to YTD budget with the following items meeting the material variance reporting threshold.

 

Materials and Contracts:

The main items affected are listed below:

 

Cost Code

Cost Code Description / GL Activity

Variance
YTD $

Finance and Corporate Services

 

10000

Members of Council

(37,046)

10250

Information & Communication Technology Services

(622,978)

10251

Business Systems

(53,031)

10500

Legal and Compliance Services

44,626

 

 

 

Community and Commercial Services

 

10590

Naturaliste Community Centre

41,801

10591

Geographe Leisure Centre

40,606

10600

Busselton Jetty Tourist Park

70,416

10980

Other Law, Order & Public Safety

72,486

 

 

 

Planning and Development Services

 

10830

Environmental Management Administration

92,639

10850

Implement Management Plans Other

31,096

10931

Protective Burning & Firebreaks-Reserves

29,276

11170

Meelup Regional Park

74,520

 

 

 


 

Engineering and Works Services

 

11101

Engineering Services Administration

40,308

11160

Busselton Jetty

391,880

11300

Sanitation Waste Services  Administration

29,308

11301

Regional Waste Management Administration

60,000

12620

Rural-Tree Pruning

(107,574)

12621

Urban-Tree Pruning

(6,074)

Various

Bridge Maintenance

62,822

Various

Building Maintenance

121,503

G0010

Domestic Recycling Collections

60,916

G0031

Dunsborough Waste Facility

(40,476)

G0032

Rubbish Sites Development

49,998

G0033

Green Waste

33,718

G0034

External Waste Disposal

37,768

G0042

BTS External Restoration Works

(41,074)

Various

Road Maintenance

(37,837)

Various

Parks, Gardens and Reserves Maintenance

233,960

5280

Transport - Fleet Management

121,677

 

 

Utilities:

There is an overall variance in utility charges of $176K; this variance is spread over 358 individual line items with an average variance of only $494 per item.

 

Depreciation:

There is an overall variance in depreciation of $1.477M, it should be noted that this is a non-cash item and does not impact on the City’s surplus position.  The variance can be attributed to the fact that Fair Valuation of infrastructure assets was completed post budget adoption and the increase in valuation was unable to be included in the 2018/2018 budget.

 

Insurance:

There is an YTD variance in insurance costs of $133K, this is of a timing issue only.

 

Other Expenditure:

There is an YTD variance in other costs of $1.138M, considered a timing issue only.   The main items affected are listed below:

 

Cost Code

Cost Code Description / GL Activity

Variance
YTD

Finance and Corporate Services

 

10000

Members of Council

62,662

10151

Rates Administration

39,975

10221

Finance & Borrowing Prog 04

53,361

10227

Finance & Borrowing Prog 11

35,757

10618

Winderlup Court Aged Housing

30,026

10700

Public Relations

34,726

 

 

 


 

Community and Commercial Services

 

10530

Community Services Administration

109,925

10547

Iron Man

94,998

10567

Cinefest Oz

(47,498)

 

 

 

Planning and Development Services

 

10942

Bushfire Risk Management Planning - DFES

(39,283)

Cost Code

Cost Code Description / GL Activity

Variance
YTD

11156

Airport Development Operations

750,000

 

 

 

Engineering and Works Services

 

B1223

Micro Brewery - Public Ablution

60,000

G0042

BTS External Restoration Works

(142,453)

 

Non-Operating Grants, Subsidies and Contributions:

Non-Operating Grants, Subsidies and Contributions are less than YTD budget by $6.573M with the main items impacting on the above result being the timing of the receipt of funding which is also offset with less than anticipated expenditure at this time:

 

Cost Code

Cost Code Description

Variance
YTD

Finance and Corporate Services

 

10239

Contributions - Public Art (Percent for Art)

(673,876)

10240

Contributions - Contribution to Works

(78,713)

 

 

Community and Commercial Services

 

10900

Cultural Planning - Donated Assets

37,000

C6099

Airport Development - Project Expenses

(5,838,126)

 

 

Planning and Development Services

 

B9112

Ambergate Bushfire Brigade Shed

(259,656)

 

 

Engineering and Works Services

 

C0049

Port Geographe Marina Carparking

(85,878)

C3150

Busselton Foreshore Stage 3: Toddler's Playground

(30,504)

C3168

Busselton Foreshore Jetty Precinct

420,769

F1018

Dunsborough Cycleway CBD to Our Lady of the Cape School

(82,502)

S0035

Strelly Street / Barlee Street Roundabout

(30,000)

S0051

Causeway Road / Rosemary Drive Roundabout

(50,002)

S0064

Peel Terrace (Stanley Pl/Cammilleri St Intersection Upgrade)

(33,335)

S0068

Georgiana Molloy Bus Bay Facilities

114,500

 

Capital Expenditure

As at 30 November 2018 and 31 December 2018, there is a variance of -62.83% or -$19.749M in total capital expenditure with YTD actual at -$11.682M against a YTD budget of -$31.431M.

 


 

The airport development makes up for $8.425M, Busselton Tennis Club – Infrastructure $1.63M, Plant and Equipment $1.62M, Council Roads Initiative projects $1.36M, Eastern Link - Busselton Traffic Study $1.33M, Dunsborough Land Purchase Parking $1.3M, Main Roads projects $1.19M, Parks, Gardens and Reserves $630K, Sanitation Infrastructure $465K, Beach Restoration $384K, Busselton Senior Citizens $373K, Dunsborough Cycleway CBD to Our Lady of the Cape School $323K, Furniture and Equipment $291K, Fire Prevention – Land Purchase Biddle Road $200K, Busselton Jetty Tourist Park Upgrade $200K, Beach Front Infrastructure $73K, Footpath Construction $51K, GLC - Pool Relining $50K, Energy Efficiency Initiatives (Various Buildings) $50K, Townscape Construction -$107K and Major Projects Busselton Foreshore -$408K.

 

These items of under expenditure also assists in explaining the above current YTD shortfall in Non-Operating Grants.

 

The attachments to this report include detailed listings of the following capital expenditure (project) items, to assist in reviewing specific variances.

 

Investment Report

 

Pursuant to the Council’s Investment Policy, a report is to be provided to the Council on a monthly basis, detailing the investment portfolio in terms of performance and counterparty percentage exposure of total portfolio. The report is also to provide details of investment income earned against budget, whilst confirming compliance of the portfolio with legislative and policy limits.

 

November 2018

 

As at 30th November 2018 the value of the City’s invested funds totalled $82.96M, down from $83.40M as at 31st October. The decrease is due to the utilisation of Airport Development Funds outweighing an increase in Restricted Assets Funds.

 

During the month of November three term deposits held with three different institutions totalling $11.0M matured. All were renewed for a further 151 days at 2.57% (on average).

 

The balance of the 11am account (an intermediary account which offers immediate access to the funds compared to the term deposits and a higher rate of return compared to the cheque account) increased by $0.6M.

 

The balance of the Airport Development ANZ cash account decreased by $992K as the funds had been utilised on the project.

 

December 2018

 

As at 31st December 2018 the value of the City’s invested funds totalled $79.36M, down from $82.96M as at 30th November 2018. The decrease is due to the withdrawal of funds from the 11am account to meet standard operating costs.

 

During the month of December four term deposits held with two different institutions totalling $9.5M matured. All were renewed for a further 136 days at 2.57% (on average).

 

The balance of the 11am account (an intermediary account which offers immediate access to the funds compared to the term deposits and a higher rate of return compared to the cheque account) decreased by $3.6M with the funds being utilised to meet standard operating costs.

 

The balance of the Airport Development ANZ cash account remained steady.

 

The RBA left official rates on hold during November and December. Future movements remain uncertain at this point.

 

Chief Executive Officer – Corporate Credit Card

Details of monthly (October to December) transactions made on the Chief Executive Officer’s corporate credit card are provided below to ensure there is appropriate oversight and awareness of credit card transactions made.

 

Date

Amount

Payee

Description

29-Oct-18

$69.02

Geographe Petrol Busselton

Fuel - Fuel Card Missing From Vehicle

05-Nov-18

$54.05

Geographe Petrol Busselton

Fuel - Fuel Card Missing From Vehicle

29-Oct-18

$23.50

Equinox Busselton

Soft Opening Adventure Playground

29-Oct-18

$100.50

Equinox Busselton

Soft Opening Adventure Playground

29-Oct-18

$78.20

Equinox Busselton

Soft Opening Adventure Playground

05-Nov-18

$73.40

Albies Bar & Bistro

C. Frewing Farewell Lunch

06-Nov-18

$20.16

Wilson Parking

Parking – Bsn Airport Meeting Perth

05-Nov-18

$84.95

JB Hi Fi

Iphone Cover M. Archer

08-Nov-18

$45.68

ICTC Society

Cr Paine Conference Registration

15-Nov-18

$1,003.72

Australian Coastal Councils

Cr McCallum Conference Registration

19-Nov-18

$582.22

Esplanade Hotel

Accommodation Cr Paine ICTC Conference

27-Nov-18

$3.88

Wilson Parking Deakin

Parking Fee

26-Nov-18

$40.44

BP Clarenden

Fuel

28-Nov-18

$17.00

Queens Terrace Cafe

Meals – CEO – RCA Meeting Canberra

28-Nov-18

$709.80

Maloney’s Real Estate

Accommodation – CEO – RCA Meeting Canberra

29-Nov-18

$13.44

ACT Cabs Phillip

Taxi Fares - CEO  – RCA Meeting Canberra

29-Nov-18

$8.13

ACT Gov. Parking Canberra

Parking Fees – CEO – RCA Meeting Canberra

30-Nov-18

$52.00

Coles Express Camden

Fuel – CEO – RCA Meeting Canberra

03-Dec-18

$76.50

The Dock Kingston

Meals – CEO – RCA Meeting Canberra

04-Dec-18

$37.07

BP Runway Mascot

Fuel – CEO – RCA Meeting Canberra

19-Dec-18

$3,000.00

Amelia Park

Councillors Christmas Function

27-Dec-18

$40.00

Tyrepower Busselton

Tyre Repair

 

*Funds debited against CEO Annual Professional Development Allowance as per employment Contract Agreement

+ Allocated against CEO Hospitality Expenses Allowance

 

CONCLUSION

 

As at 30 November 2018 and 31 December 2018, the City’s financial performance is considered satisfactory. 

 


 

OPTIONS

 

The Statements of Financial Activity are presented in accordance with Section 6.4 of the Act and Regulation 34 of the Regulations and are to be received.  Council may wish to make additional resolutions as a result of having received these reports.

 

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Not Applicable

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council receives the statutory financial activity statement reports for the period ending 30 November 2018 and 31 December 2018, pursuant to Regulation 34(4) of the Local Government (Financial Management) Regulations.

 

 


Council

21

30 January 2019

12.2

Attachment a

Statement of Financial Activity - Period Ending 30 November 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

43

30 January 2019

12.2

Attachment a

Statement of Financial Activity - Period Ending 30 November 2018

 


Council

44

30 January 2019

12.2

Attachment b

Statement of Financial Activity - Period Ending 31 December 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

67

30 January 2019

12.2

Attachment b

Statement of Financial Activity - Period Ending 31 December 2018

 


Council

68

30 January 2019

12.2

Attachment c

Investment Report - Period Ending 30 November 2018

 


Council

69

30 January 2019

12.2

Attachment d

Investment Report - Period Ending 31 December 2018

 


Council                                                                                      70                                                                30 January 2019

12.3           Finance Committee - 17/01/2019 - APPLICATION FOR RATE EXEMPTION - ACCESS HOUSING AUSTRALIA LTD

SUBJECT INDEX:

Exemptions and Appeals (Rates)

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Rates

ACTIVITY UNIT:

Rates

REPORTING OFFICER:

Rates Coordinator - David Nicholson

AUTHORISING OFFICER:

Director Finance and Corporate Services  - Tony Nottle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Rate Exemption Application - Owned Properties

Attachment b    Rate Exemption Application - Leased Properties

Attachment c    Rate Exemption Statutory Declaration - Owned Properties

Attachment d   Rate Exemption Statutory Declaration - Leased Properties

Attachment e    Rate Exemption Application Covering Letter

Attachment f    Rate Exemption Supporting Documentation  

 

This item was considered by the Finance Committee at its meeting on 17 January 2019, the recommendations from which have been included in this report. 

 

PRÉCIS

 

Applications have been received from Access Housing Australia Ltd (AHA) for rate exemptions on residential properties they own and lease from the WA Housing Authority (WAHA). On the basis of the applications and known rate exemption eligibility legal opinions, this report recommends that the request for exemptions be granted.

 

BACKGROUND

 

AHA is a not for profit Community Housing Organisation (CHO), a registered charity and public benevolent institution. It is one of WA’s largest non-government social housing tenancy / property managers, with more than 1,800 properties across the Perth metropolitan area, Peel and South West regions under management. Its tenants include seniors, people living with a disability or mental health illness, families and singles.

 

As a not-for-profit organisation, AHA reinvests any profits made through its core business into servicing its property portfolio, developing and purchasing additional affordable homes and funding programs to support tenants to access education, training and employment options which assist with increasing financial resilience and break welfare dependency. This approach allows the organisation to facilitate pathways into and out of the social housing system for current and prospective tenants, while also providing a high quality, customer focused service.

 

The applications for rate exemptions are for residential properties that AHA own and lease from the WAHA as per the following schedule. These properties are leased from the WAHA, managed by the organisation and are rated via four assessments.


 

 

SCHEDULE OF WAHA LEASED PROPERTIES

Number

Street

Suburb

Program*

Control

Rent F/night

66

College Avenue

West Busselton

CDHP

Managed Lease

$360.16

2/3

Elliott Street

Busselton

CDHP

Managed Lease

$335.28

12

Melville Court

Busselton

CDHP

Managed Lease

$515.56

*6A

Whitton Street

West Busselton

CDHP

Managed Lease

$451.81

*6B

Whitton Street

West Busselton

CDHP

Managed Lease

$334.28

* Rated as 2-6 Whitton Street, West Busselton

Community Disability Housing Program (CDHP) Details

·    Disability independent living units

·    Transitional housing and support program managed by the Drug and Alcohol Program

·    Housing for people with mental health support needs through the Independent Living Program (ILP), Independent Supported Accommodation (ISA) or Mental Health Housing Strategy

 

 

SCHEDULE OF AHA OWNED PROPERTIES

Number

Street

Suburb

Program*

Control

Rent F/night

*1/85

Dorset Street

West Busselton

CH

Self

$334.28

*2/85

Dorset Street

West Busselton

CH

Self

$337.66

*3/85

Dorset Street

West Busselton

CH

Self

$351.32

*4/85

Dorset Street

West Busselton

CH

Self

$338.30

*5/85

Dorset Street

West Busselton

CH

Self

$330.08

*6/85

Dorset Street

West Busselton

CH

Self

$334.60

*7/85

Dorset Street

West Busselton

CH

Self

$335.76

*8/85

Dorset Street

West Busselton

CH

Self

$361.83

*9/85

Dorset Street

West Busselton

CH

Self

$351.33

*10/85

Dorset Street

West Busselton

CH

Self

$334.28

*11/85

Dorset Street

West Busselton

CH

Self

$334.28

*12/85

Dorset Street

West Busselton

CH

Self

$330.08

2/76

Kent Street

Busselton

CH

Self

$334.28

3/76

Kent Street

Busselton

CH

Self

$399.04

* Rated as 85 Dorset Street, West Busselton

Community Housing Program (CH) Details

·    Subsidised rental housing for Eligible Person on very low, to low, to moderate income

 

AHA lease these properties to tenants deemed eligible by the WAHA and sourced from their Joint Wait List. Lease payments are calculated based on 25% to 30% of the primary tenant’s eligible assessable income to a maximum of 74.9% of market rental values.

 

Documentation provided as part of the applications includes:

 

·    Applications for Rate Exemptions Including Property Use Statutory Declarations.

·    Rate Exemption Application Covering Letter

·    Supporting Document - Organisation Certificate of Registration and Constitution, Australian Tax Office Notice of Endorsement for Charity Tax Concessions and Financial Report Year Ending 30 June 2017 and 30 June 2016

 

Due to privacy issues copies of the lease agreements between AHA and tenants were not able to be provided. The rental amount derived is included within the schedule of properties table above.

 

STATUTORY ENVIRONMENT

 

Section 6.26 of the Local Government Act 1995 (the Act) provides broad definitions for rateable and non-rateable land. Moreover, Section 6.26 (2) (g) states that land is not rateable if it is “used exclusively for charitable purposes”.

 

RELEVANT PLANS AND POLICIES

 

There are no plans or policies relevant to this matter.

 

FINANCIAL IMPLICATIONS

 

Rates levied on the properties totalled $25,251 for the 2018/19 financial year. Applications for rate exemptions were lodged in July 2018. As such, rate exemptions if granted should be effective 1st July 2018, resulting in a $25,251 reduction to the 2018/2019 rating income and similar amounts for each of the following financial periods.

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

There will be no significant implication to the City’s long term financial plan as the rate exemption amounts are not considered large when compared to the overall annual and interim rating income.

 

While a broader local government issue, there is a concern that a large number of organisations claiming charitable status could result in a long term effect on the City’s rate base into the future. This matter was raised at the recent South West WALGA Zone (SWZ) meeting in Capel on the 23 November 2018. The SWZ has since advocated for clarity and consideration of the impacts of rates exempt properties within the current Local Government Act Review (Phase 2).

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter principally aligns with Key Goal Area 6 of the Strategic Community Plan 2017 and more specifically Community Objective 6.1 - ‘Governance systems, process and practices are responsible, ethical and transparent’.

 

RISK ASSESSMENT

 

There are no risks identified of a medium or greater level associated with the Officers recommendation. Having said that, if Council choses to not approve the applications for rate exemption then staffing and/or legal costs may be incurred if the applicant refers the matter to the State Administrative Tribunal for review of the decision.

 

CONSULTATION

 

No consultation was considered necessary in relation to this matter.

 

OFFICER COMMENT

 

In accordance with Section 6.26 (2) (g) of the Act land is not rateable if it is used exclusively for charitable purposes. Rate exemption applications need only be considered in two parts – being firstly is the use itself “charitable” and secondly if the use is considered to be charitable, then is the property being used “exclusively” for such use.

In considering the first part, that is, ‘are the operations of AHA considered to be a charitable use’; legal opinions have been consistent in defining a charitable purpose as land used for:

 

1.            The relief of poverty;

2.            The advancement of education;

3.            The advancement of religion; and

4.            Other purposes beneficial to the community.”

 

The leased properties are being used by AHA for their Community Disability Housing Program (CDHP) and so they are considered to meet the “other purposes beneficial to the community” charitable definition.

 

In considering the second part, that is, ‘is the property being exclusively used for a charitable purpose’; this criteria is being met due to the properties, while leased from WAHA, being used for providing accommodation for people with disabilities, drug and alcohol issues and mental illness.

 

There has been no physical inspection of the properties due to their residential purpose and that the tenant would need to be interviewed to determine if they meet the CDHP program. Also it is known that other Councils have obtained legal opinions concluding that services provided by AHA and other CHO’s are considered to be a charitable in nature and therefore eligible for rate exemptions.  An in house survey of other Councils within WA reveal that the majority are permitting a rate exemption to AHA.

 

In terms of the current usage of the properties there are no known planning, health or building compliance issues.

 

If rate exemptions are approved then the applicant will be instructed to confirm by the 30th April annually that the properties continues to be used for the purposes stated in the applications. If a change has occurred and the new use is not eligible for rate exemption then the property will become rateable.

 

CONCLUSION

 

It is considered, based on the applications and associated documentation provided by AHA, legal opinions obtained by other Councils, that the properties listed in the “Schedules” are eligible for rate exemption due to their use being exclusive for charitable purposes.

 

OPTIONS

 

Council may decline the rate exemption applications on the basis that it considers that the properties  leased and/or owned by Access Housing Australia Ltd are not providing a charitable service to the community or that the properties are not being used exclusive use of the property.

 

Should the applications be declined for either of the above reasons then AHA will have the option to refer the matter to the State Administrative Tribunal for a review of the decision. Such referral will see Council needing to defend its decision and thereby incurring staffing and/or legal costs.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The proposed effective date for rate exemptions if approved would be the 1st July 2018 due to the applications being lodged in July 2018, prior to the issuance of the 2018/2019 annual rate notice.

 


 

OFFICER RECOMMENDATION

 

That the Council:

 

1.    approve Access Housing Australia Ltd rate exemption applications under section 6.26 (2)(g) of the Local Government Act 1995, “land used exclusively for charitable purposes”, for properties at:

a)    66 College Avenue West Busselton;

b)    2/3 Elliot Street Busselton;

c)    12 Melville Court Busselton;

d)    2-6 Whitton Street West Busselton;

e)    85 Dorset Street West Busselton;

f)     2/176 Kent Street Busselton; and

g)    3/176 Kent Street Busselton. 

 

                effective from the 1st July 2018.

 

2.    agree that this rate exemption is to continue whilst Access Housing Australia Ltd continues to lease and/or own these properties and confirms in writing by the 30th April annually of lease continuation and that the properties continue to be used for the purposes stated in the applications.

 

COMMITTEE RECOMMENDATION

 

That the Council:

 

1.     approve Access Housing Australia Ltd rate exemption applications under section 6.26 (2)(g)                 of the Local Government Act 1995, “land used exclusively for charitable purposes”, for                 properties at:

                a)            66 College Avenue West Busselton;

                b)            2/3 Elliot Street Busselton;

                c)            12 Melville Court Busselton;

                d)            2-6 Whitton Street West Busselton;

                e)            85 Dorset Street West Busselton;

                f)             2/176 Kent Street Busselton; and

                g)            3/176 Kent Street Busselton. 

 

                effective from the 1st July 2018.

 

2.    agree that this rate exemption is to continue whilst Access Housing Australia Ltd continues to lease and/or own these properties and confirms in writing by the 30th April annually of lease continuation and that the properties continue to be used for the purposes stated in the applications.

 

3.    agree to write to the Premier and the Ministers for Housing, Local Government and the Western Australian Local Government Association, outlining its concern regarding the alternate approach being undertaken by the State Government to lease their properties to organisations such as Access Housing is having a detrimental impact to the local government’s rate base and ability to provide services to the community.

 

 


Council

75

30 January 2019

12.3

Attachment a

Rate Exemption Application - Owned Properties

 


 


 


 


Council

79

30 January 2019

12.3

Attachment b

Rate Exemption Application - Leased Properties

 


 


 


 


Council

83

30 January 2019

12.3

Attachment c

Rate Exemption Statutory Declaration - Owned Properties

 


 


Council

85

30 January 2019

12.3

Attachment d

Rate Exemption Statutory Declaration - Leased Properties

 


 


Council

87

30 January 2019

12.3

Attachment e

Rate Exemption Application Covering Letter

 


 


Council

89

30 January 2019

12.3

Attachment f

Rate Exemption Supporting Documentation

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council                                                                                      176                                                             30 January 2019

12.4           Finance Committee - 17/01/2019 - APPLICATION FOR RATE EXEMPTION - LAMP INCORPORATED

SUBJECT INDEX:

Exemptions and Appeals (Rates)

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Rates

ACTIVITY UNIT:

Rates

REPORTING OFFICER:

Rates Coordinator - David Nicholson

AUTHORISING OFFICER:

Director Finance and Corporate Services  - Tony Nottle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Rate Exemption Application

Attachment b    Auditors Report

Attachment c    Consitution  

 

This item was considered by the Finance Committee at its meeting on 17 January 2019, the recommendations from which have been included in this report. 

 

PRÉCIS

 

An application has been received from Lamp Incorporated for rate exemption. On the basis of the application this report recommends that the request for exemption be granted.

 

BACKGROUND

 

The Lamp Incorporated organisation is a not for profit/charitable group that purchased a residential property at 13 Billabong Street, Yalyalup in August 2017. The purposes of the property is to provide supported short term accommodation for people with mental illness while they await permanent residency with Housing WA (NE: Department of Housing) or family reunification.

 

The Annual Information Statement 2017 as lodged with the Australian Charities and Not for Profits Commission (ACNC) details the organisations activities and outcomes as:

 

“A community support service for people with Mental Health issues, their families and carers. Lamp activities cover a diverse range of community settings including supporting people with severe and persistent mental illness to live independently, to live in their homes, provide education, training and advocacy for carers and families, work with youth in crisis, self-harm and suicide prevention, homelessness, indigenous and family mental health support, work with school and juvenile justice systems providing early intervention for young people at risk. Lamp works with an individualised recovery model and the supports services it offers allows people with mental illness to optimise their lifestyle choices and become active and welcome members of communities.”

 

Documentation provided in a previous rate exemption application for 226 Bussell Highway, West Busselton that was approved and/or as part of the application includes:

 

·    Application for Rate Exemption including property use Statutory Declaration.

·    Constitution and rules for Lamp Inc.

·    Australian Charities and Not for Profits Commission (ACNC) registration summary

·    ACNC annual information statement 2017

·    Australian Tax Office notice of endorsement for charity tax concessions

·    Lamp Inc. Financial Report year ending 30 June 2017

 


 

Principal funding is provided by grants through such organisations as:

 

·    Disability Services Commission

·    Department of Child Protection

·    Mental Health Commission

·    Department of Health D2D Living Community Program

·    Department of Social Services

 

While it was a different type of property and location, Lamp Incorporated’s office location at 226 Bussell Highway, West Busselton was deemed exempt from rates at Council’s ordinary meeting held on the 13th June 2018. At this meeting it was resolved:

 

C1806/110 Moved Councillor J McCallum, seconded Councillor P Carter

 

That the Council in accordance with Section 6.26 (2)(g) of the Local Government Act 1995 declare 226 Bussell Hwy, West Busselton, as leased by the Lamp Incorporation be declared exempt from rating on the basis that the property is used exclusively for a charitable purpose, with the effective date being the date of application, namely, 28th March 2018.

 

CARRIED 9/0

EN BLOC

STATUTORY ENVIRONMENT

 

Section 6.26 of the Local Government Act 1995 (the Act) provides broad definitions for rateable and non-rateable land. Moreover, Section 6.26 (2) (g) states that land is not rateable if it is “used exclusively for charitable purposes”.

 

RELEVANT PLANS AND POLICIES

 

There are no relevant plans or policies in relation to this item.

 

FINANCIAL IMPLICATIONS

 

The rates levied for 13 Billabong Street Yalyalup totalled $1,651 for the 2018/19 financial year.

 

An application for rate exemption was lodged on the 22nd August 2018, immediately after the issuance of the 2018/2019 annual rate notice and within the rate objection period. As such, a rate exemption if granted should be effective 1st July 2018 resulting in a $1,651 reduction to the 2018/2019 rating income and similar amounts for each of the following financial periods.

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

There will be no significant implication to the City’s long term financial plan due to the amount of the proposed rate exemption.

 

While a broader local government issue, there is a concern that a large number of organisations claiming charitable status could result in a long term effect on the City’s rate base into the future. This matter was raised at the recent South West WALGA Zone (SWZ) meeting in Capel on the 23 November 2018. The SWZ has since advocated for clarity and consideration of the impacts of rates exempt properties within the current Local Government Act Review (Phase 2).

 


 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter principally aligns with Key Goal Area 6 of the Strategic Community Plan 2017 and more specifically Community Objective 6.1 - ‘Governance systems, process and practices are responsible, ethical and transparent’.

 

RISK ASSESSMENT

 

There are no risks identified of a medium or greater level associated with the Officers recommendation. Having said that, if Council choses to not approve the application for rate exemption then staffing and/or legal costs may be incurred if the applicant refers the matter to the State Administrative Tribunal for review of the decision.

 

CONSULTATION

 

No consultation was considered necessary in relation to this matter.

 

OFFICER COMMENT

 

In accordance with Section 6.26 (2) (g) of the Act land is not rateable if it is used exclusively for charitable purposes. Rate exemption applications need only be considered in two parts – being firstly is the use itself “charitable” and secondly if the use is considered to be charitable, then is the property being used exclusively for such use.

 

In considering the first part, that is, are the operations of Lamp Incorporated considered to be a charitable use, legal opinions have been consistent in defining a charitable purpose as land used for:

 

1.            The relief of poverty;

2.            The advancement of education;

3.            The advancement of religion; and

4.            Other purposes beneficial to the community.”

 

The services provided by Lamp Incorporated are, apart from a small once off membership fee of $60.00 for insurance purposes, provided free of charge. Provision of services to those suffering from mental health issues within the community would meet the “other purposes beneficial to the community” charitable definition.

 

In considering the second part, that is, ‘is the property being exclusively used for a charitable purpose’; this criteria is being met as Lamp Incorporated owns the property and uses it exclusively for the purpose of providing accommodation for people with mental illness.

 

There has been no physical inspection of the property due to its residential purpose and that to do so could cause anxiety to any occupant/s. Included however with the rate exemption application was a statutory declaration stating that the property’s purpose is “Transitional housing for people with mental illness short term whilst awaiting public housing”.

 

The City’s Planning and Development Services Directorate have reviewed this request and determined that the property and its proposed uses do not require further assessment or approvals.

 

If rate exemption is granted then the applicant will be instructed to confirm by the 30th April annually that the property continues to be used for the purposes stated in the application. If a change has occurred and the new use is not eligible for rate exemption then the property will become rateable.

 

CONCLUSION

 

It is considered, based on the application and associated documentation provided by Lamp Incorporated, prior rate exemption granted to Lamp Incorporated by Council as well as the legal opinions on charitable purposes, that 13 Billabong Street, Yalyalup is eligible for rate exemption as it is being used exclusive for such charitable purposes.

 

OPTIONS

 

Council may decline the rate exemption application on the basis that it considers that Lamp Incorporated is not providing a charitable purpose to the community or that such charitable use is not considered an exclusive use of the property.

 

Should the application be declined for either of the above reasons then Lamp Incorporated will have the option to refer the matter to the State Administrative Tribunal for a review of the decision. Such referral will see Council needing to defend its decision and thereby incurring staffing and/or legal costs.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The proposed effective date for rate exemption if granted would be the 1st July 2018 due to the application being lodged on the 22nd August 2018, immediately after the issuance of the 2018/2019 annual rate notice and within the rate objection period.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council:

 

1.    grant rate exemption under section 6.26 (2)(g) of the Local Government Act 1995, “land used exclusively for charitable purposes”, on 13 Billabong Street Yalyalup effective from the 1st July 2018; and

 

2.    determine that the above rate exemption is to continue where Lamp Incorporated confirms in writing by the 30th April annually that the property continues to be used for the purposes stated in the application.  

 


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Attachment a

Rate Exemption Application

 


 


 


 


 


 


 


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Attachment b

Auditors Report

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


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Attachment c

Consitution

 


 


 


 


 


 


 


 


 

 


Council                                                                                      234                                                             30 January 2019

13.             Planning and Development Services Report

13.1           PROPOSED AMENDMENT NO. 37 AND ASSOCIATED STRUCTURE PLAN (BUSSELTON WETLANDS CONSERVATION STRATEGY) - LOT 7 FORREST BEACH ROAD, WONNERUP

SUBJECT INDEX:

Local Planning Scheme 21 Amendments

STRATEGIC OBJECTIVE:

Natural areas and habitats are cared for and enhanced for the enjoyment of current and future generations.

BUSINESS UNIT:

Strategic Planning

ACTIVITY UNIT:

Strategic Planning

REPORTING OFFICER:

Senior Strategic Planner - Helen Foulds

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Location Plan

Attachment b    Aerial Photograph

Attachment c    Scheme Amendment Map

Attachment d   Structure Plan Map

Attachment e    Determination of Wetland Boundaries Map  

  

PRÉCIS

 

The Council is requested to consider initiating a proposed Scheme Amendment that would facilitate the rezoning of Lot 7 (No. 86) Forrest Beach, Wonnerup from ‘Agriculture’ to ‘Conservation’, ‘Reserve for Recreation’ and ‘Reserve for Public Purpose (Water Tank)’.

 

The amendment includes an associated draft Structure Plan which would facilitate the future subdivision of the land into six lots, being broadly consistent with the voluntary conservation subdivision incentive afforded by the WA Planning Commission’s Busselton Wetlands Conservation Strategy (BWCS).

 

It is recommended that the proposal be supported, and that Amendment No. 37 and the associated draft Structure Plan be initiated/adopted for the purposes of community consultation.

 

BACKGROUND

 

The subject land is located approximately 8km east of the Busselton City Centre and is 56 hectares in area. The site is bound by Forrest Beach Road to the north, agricultural land to the east and the existing Wonnerup Estuary foreshore reserve to the south and west.  An existing dwelling and two outbuildings are located in proximity to Forrest Beach Road. The remainder of the property is generally cleared grazing land with scattered trees and wetland along the southern and western boundaries.  A location plan and aerial photograph are provided at Attachments A and B, respectively.

 

The proposal comprises a Scheme Amendment and a draft Structure Plan that relate to the rezoning of Lot 7 Forrest Beach Road, Wonnerup from ‘Agriculture’ to ‘Conservation’, ‘Reserve for Recreation’ and ‘Reserve for Public Purpose (Water Tank)’.  The Scheme Amendment map is provided at Attachment C.  The proposal would facilitate the future subdivision of the subject land into six lots, including a large portion of the original landholding reserved for recreation, consistent with the voluntary subdivision incentive available under the BWCS.


The draft Structure Plan indicates the proposed lot layout and indicative building envelopes (Attachment D).  A cluster of three lots, each being 2.0 ha in size, is located in the northern portion of the subject land, with direct access available from Forrest Beach Road. 


 

An area of 13.5 ha is proposed to be rezoned to ‘Reserve for Recreation’, with the Reserve purpose being for Environmental Conservation and a lot of 100m2 will accommodate a strategic fire-fighting tank.  The remainder of the original lot, being 37.58 ha, will contain the existing residence, outbuildings and continued agricultural purposes (cattle grazing).

 

The area of the subject land that is classified as the Quindalup Very Wet Saline Flats soil type, plus a minimum 30m buffer (incorporating the Quindalup Wet Flats soil type), and additional low-lying land is designated for conservation purposes and will be ceded to the Crown as part of the subdivision process.  The purpose of the 30m buffer is to include a soil type that will provide a degree of nutrient absorption for more nutrient intensive land uses adjacent to the Quindalup Wet or Very Wet soil types. The reserve will be fenced and managed in the future by the Department of Biodiversity, Conservation and Attractions (DBCA). DBCA has provided written agreement for the alignment of the proposed reserve. This boundary alignment is illustrated by the Scheme Amendment map and the draft Structure Plan that form Attachments C and D.

 

The following information has been provided to support the proposal:

 

i.      Bushfire Management Plan;

ii.     Determination of Wetland Boundaries

 

Bushfire Management Plan

 

The subject land is designated ‘bushfire prone’ on the State Map of Bushfire Prone Areas.  In response a Bushfire Management Plan (BMP) has been prepared for the proposal by a suitably qualified fire consultant in accordance with the WAPC State Planning Policy 3.7 – Planning in Bushfire Prone Areas 2015/Guidelines for Planning in Bushfire Prone Areas 2017.

 

The key findings of the BMP are summarised as follows -

 

1.    All proposed development can achieve a BAL of 29 or lower.

2.    The majority of the area within the site is Grassland, with small pockets of native vegetation, posing a Moderate bushfire risk. 

3.    The managed grassland/gardens within the site pose a Low bushfire hazard due to the lack of remaining vegetation.

 

Determination of Wetland Boundaries

 

A consultant engaged by the proponent has determined the alignment of the Quindalup Very Wet Saline Flats soil type and a line 30 metres beyond that alignment, into the subject property, as per the criteria listed in the BWCS.  The mapping produced by this assessment is provided as Attachment E.

 

The wetland at the property has been defined using the following combination of layers:

 

1.    High resolution aerial photography to define the boundary of hydric soils – the hydric soils are easily identified by the darker, smoother shading pattern resulting from seasonal inundation and the typical samphire vegetation layer; and

2.    Mapping the ‘Quindalup Very Wet Saline Flats’ layer – this soil unit occurs in low-lying depressions which are seasonally inundated during winter months and saline in summer.

 

The consultant found that the above layers corresponded with relative accuracy (±30 metres).  Further discussion on the determination of the proposed Reserve boundary is provided in the Officer Comment, below.

 

STATUTORY ENVIRONMENT

 

The key elements of the statutory environment with respect to this proposal are set out in the Planning and Development Act 2005, the Planning and Development (Local Planning Schemes) Regulations 2015 and the relevant objectives, policies and provisions of the City of Busselton Local Planning Scheme No. 21. Each is discussed below under appropriate subheadings.

 

Planning and Development Act 2005

 

The Planning and Development Act 2005 outlines the relevant considerations when preparing and amending local planning schemes. The relevant provisions of the Act have been taken into account in preparing and processing this Amendment.

 

Planning and Development (Local Planning Schemes) Regulations 2015

 

The Planning and Development (Local Planning Schemes) Regulations 2015, which came into operational effect on 19 October 2015, identifies three different levels of amendments – basic, standard and complex.  The resolution of the local government is to specify the level of the amendment and provide an explanation justifying this choice.  This Amendment is considered to be a ‘standard’ amendment.

 

The Regulations provide separate processes for the approval of Scheme amendments and structure plans, adherence to which would advance the draft Structure Plan ahead of the Amendment. However as the Structure Plan is reliant upon the change in zoning proposed in the Amendment and the nature of the proposal supports their assessment in parallel, the Structure Plan and Amendment are being progressed concurrently. Progression of the draft Structure Plan will therefore assume the process and timeframes associated with the Amendment.

 

Local Planning Scheme No. 21

 

The property is zoned ‘Agriculture’ and is located within the ‘Landscape Value’, ‘Wetland’ and ‘Floodway’ Areas under LPS21. 

 

The Landscape Value Area requires development to be compatible with the maintenance and enhancement of the existing rural and scenic character of the locality. 

 

LPS21 discourages development within the Wetland and Floodway Areas and establishes criteria for consideration of any potential development.  All of the land designated as within the Wetland Area, and the vast majority of the land designated as within the Floodway Area, is proposed to be ceded as Reserve for Environmental Conservation.

 

The proposal is considered to be consistent with the relevant provisions relating to the zoning of the subject land under LPS21.

 

RELEVANT PLANS AND POLICIES

 

The key policies relevant to the proposal are:

 

I.       State Planning Policy 3.7: Planning for Bushfire Management and Guidelines for Planning in Bushfire Prone Areas 2017;

II.     Draft City of Busselton Local Planning Strategy;

III.    Local Rural Planning Strategy; and

IV.    Busselton Wetlands Conservation Strategy.

 

Each is addressed below under appropriate subheadings.

 

State Planning Policy 3.7: Planning for Bushfire Management and Guidelines for Planning in Bushfire Prone Areas 2017

 

SPP 3.7 directs how land use should address bushfire risk management in Western Australia. It applies to all land which has been designated as bushfire prone by the Fire and Emergency Services (FES) Commissioner as highlighted on the State Map of Bush Fire Prone Areas. The accompanying Guidelines for Planning in Bushfire Prone Areas provide supporting information to assist in the interpretation of the objectives and policy measures outlined in SPP 3.7, providing advice on how bushfire risk is to be addressed when planning, designing or assessing a planning proposal within a designated bushfire prone area.

 

The four elements of the Guidelines are:

 

·   Element 1: Location – to ensure that the subdivision, development or land use is located in areas with the least possible risk from bushfire, to help minimise risk to people, property and infrastructure.

 

·   Element 2: Siting and Design of Development – to ensure that the siting of development minimises the level of bushfire impact. The Bushfire Management Plan (BMP) provided in support of the proposal suggests that bush fire risk to future development can be managed to an acceptable level.

 

·   Element 3: Vehicle Access – to ensure that residents and the community, as well as emergency services, have safe access and egress from both the subdivision and individual houses/development.

 

·   Element 4: Water – ensures adequate water is available to defend against a bushfire.

 

The BMP finds that the subject land is suitable for subdivision and development consistent with SPP 3.7 and the associated Guidelines.

 

Draft City of Busselton Local Planning Strategy

 

The draft LPS sets the long term broad planning direction for the whole of the District of the City of Busselton and provides the strategic rationale for decisions related to the progressive review and amendment of LPS21.

 

A relevant strategy of the draft LPS is to support the rationalisation and expansion of the reservation and management of land along the coast and adjacent to waterways, especially around the Vasse River, Vasse-Wonnerup Estuary, New River, Broadwater, Toby Inlet and linking wetlands.

 

The draft LPS was adopted for final approval by the Council in September 2016 and is currently pending endorsement by the WAPC.

 

Local Rural Planning Strategy

 

The property is located in Precinct 2 of the Local Rural Planning Strategy (LRPS) and identified as ‘Rural Wetlands’.  There is a general presumption against subdivision in this area, except where provided for in the Busselton Conservation and Wetlands Strategy.  Subdivision in these areas is to provide for the vesting of significant wetland foreshore reserves, retention of agricultural capacity and protection of natural and rural landscape values.

 

Busselton Wetlands Conservation Strategy

 

The Busselton Wetlands Conservation Strategy (BWCS) comprises the planning framework for the sustainable land use and management of the environmental values of the Busselton wetlands. The Strategy has been endorsed by the WA Planning Commission.

 

The property is identified in the BWCS as ‘Rural and Wetland Amenity Area’ and within the ‘Wetland Amenity Line’.  The main purpose of the ‘Rural and Wetland Amenity Area’ is to define the area where future development of intensive agriculture and development of lifestyle lots would be inconsistent with the conservation objectives of the Strategy, and should not occur.  The Strategy supports continuation of broad-acre farming within the ‘Rural and Wetland Amenity Area’ in accordance with the Department of Primary Industries and Regional Development’s (Agriculture and Food) Guidelines for Management of Farmland Adjacent to the Busselton Wetlands (2002).

 

The BWCS provides the ability for land identified as partly or entirely ‘Rural Wetland Amenity’ to be subdivided at a ratio of one additional lot per 20ha to a maximum of 5 additional lots subject to meeting a number of criteria including:

 

·    A conservation, landscape and foreshore protection reserve is to be ceded extending at least 30m from the Quindalup Very Wet Saline Flats;

·    Land retained in private ownership being rezoned to ‘Conservation’ and protected by conservation covenants to ensure the perpetual maintenance of conservation and landscape values;

·    Subdivision shall be in a clustered form;

·    The rural clustered lots shall be within the range of 1 to 2ha, with the possibility for lots below 1ha where justified;

·    Proposed lots should not be located in a ‘Rural Wetland Amenity ‘ area, where possible;

·    Revegetation with local native species and enhancing appropriate locations adjoining the wetlands;

·    Not detract from the ongoing viability of the balance of the lot for long term agricultural uses;

·    Not detract from scenic value; and

·    Ensure provision of adequate measures for fencing, emergency access and bushfire protection without burdening the values and management of the wetlands.

 

The amendment is broadly consistent with the subdivision incentive of the BWCS but does propose a variation to the recommended lot ratio. This is discussed further under the ‘Officer Comment’ section.

 

The BWCS supports the continuation of agricultural and rural activities in conjunction with conserving the landscape and natural values of the Busselton wetlands. Continuation of grazing and pasture production activities should be carried out in a sustainable manner without adverse effects on the adjoining wetlands. The current land use could be considered to be reasonably intensive and nutrient management should be a key consideration in the ongoing use of the land for this purpose.

 

FINANCIAL IMPLICATIONS

 

There are not considered to be any financial implications for the City arising from the proposal.

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

There are not considered to be any long term financial implications for the City arising from the proposal.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Officer Recommendation is consistent with Key Goal Area 3.2 of the City of Busselton Strategic Community Plan 2017, which is – ‘natural areas and habitats are cared for and enhanced for the enjoyment of current and future generations’.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the Officer Recommendation has been undertaken using the City’s risk assessment framework. The assessment identified ‘downside’ risks only, rather than upside risks as well. The implementation of the Officer Recommendation will involve publicly advertising the proposed Scheme Amendment and associated draft Structure Plan in accordance with the Regulations.  In this regard, there are no significant risks identified.

 

CONSULTATION

 

If the Council resolves to initiate the proposed Amendment and associated Structure Plan, the relevant amendment documentation would be referred to the Environmental Protection Authority for consideration of the need for formal assessment under Part IV of the Environmental Protection Act 1986.  Should the EPA resolve that the Amendment does not require formal assessment, both documents will be advertised for 42 days in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015.

 

OFFICER COMMENT

 

The proposed rezoning framework would facilitate the subdivision of the land generally in accordance with the voluntary conservation incentive available under the BWCS.  The proposal has been assessed as being generally consistent with the relevant State and local planning policy and statutory framework and would deliver significant environmental benefits consistent with the objectives and desirable outcomes of the BWCS and the LRPS.

 

There are a number of matters relevant to the proposal that require further consideration.  These matters relate to:

 

·    the proposed lot ratio;

·    determination of the Reserve boundary;

·    the continuation of the current use of the land as it relates to the proposed zoning framework and nutrient management;

·    the requirement for a Wetland Revegetation Plan; and

·    drainage.

 

These elements are detailed below.

 

Lot Ratio

 

The Amendment is broadly consistent with the subdivision incentive of the BWCS, but does propose a variation to the recommended lot ratio of one additional lot per 20 hectares to a maximum of 5 additional lots.  As Lot 7 has a total area of 56.02 hectares, a strict interpretation of the BWCS would therefore limit any additional lots to 2 (as potential for an additional 2.8 lots would be calculated under the Strategy). 


A discrepancy of 0.2 in the lot calculation is considered to be justified by the provision of an additional environmental benefit.  Therefore, an additional lot is proposed, totalling 4 lots after subdivision, including the balance lot.

 

The additional environmental benefit is proposed by ceding a total 13.5 ha of land to Reserve, where a strict interpretation of the BWCS would otherwise result in a 9.90 ha Reserve.  This larger area has been derived in consultation with officers at DBCA and based on the BWCS criteria of a 30m minimum setback from the Quindalup Very Wet Saline Flats soil type and incorporating remnant vegetation.  The boundary also encompasses a portion of fringing wetland not mapped as Quindalup Very Wet Saline Flats and an alignment that should be easily fenced without regularly crossing water flow path depressions. 

 

The proposed Reserve boundary increases the ‘buffer’ between the grazing of livestock and the estuarine wetland system, thereby further reducing any negative environmental impacts caused by the ongoing use of the land for grazing that the BWCS is attempting to mitigate.  The ‘island’ of trees in the south-west corner of the property would also offer additional environmental consolidation and conservation enhancement opportunities in an environmentally sensitive part of the landholding were it to be also incorporated within the fenced wetland reservation area. 

 

This increase in the wetland reservation area will further benefit the highly important estuarine wetland system and more closely reflect the stated intentions and purpose of the subdivision incentive written into the BWCS.

 

Determination of Reserve Boundary

 

Further to the abovementioned additional area applied to the proposed wetland reserve, a minor variation to the 30 metre buffer criteria under the BWCS is recommended.

 

A strip of Quindalup Very Wet Saline Flats soil type runs across the northern portion of the property, roughly parallel to the Forrest Beach Road alignment.  This area of the land has been heavily modified over the previous decades and due to its location, DBCA has acknowledged that it is unlikely to be set aside as wetland reserve, but would remain in freehold with other protections outlined in the BWCS.  The proposed Scheme Amendment identifies this portion of the subject land as being rezoned from ‘Agriculture’ to ‘Conservation’ rather than ‘Reserve for Recreation’ and it is also where the proposed new lots have been located due to the ease of servicing, being directly adjacent to Forrest Beach Road.

 

Near to the existing residence the consultant’s assessment on the determination of wetland boundaries identified the 30 metre minimum setback line from the Quindalup Very Wet Saline Flats soils as encroaching over one of the outbuildings.  Preliminary DBCA mapping in this area identifies an acceptable Reserve alignment that does not encroach on the buildings and allows for access to the grazing area of the proposed balance lot.  This alignment represents a more practical outcome for the ongoing use of the land.

 

Current Use of the Land

 

The land is currently developed for the grazing of cattle, which meets the definition of ‘Agriculture – Extensive’ under the Scheme. ‘Agriculture – Extensive’ is a ‘P’ use (i.e. a use that is permitted) within the Agriculture zone and a ‘D’ use (i.e. a use that requires development approval) within the Conservation zone.  This aspect is not considered to be an impediment to the proposal being supported.

 


 

It is important to note that both the BWCS and the LRPS recognise the historic, economic and social importance of rural activities in this area.  Both policy documents support the continuation of agricultural and rural activities in a sustainable manner, in conjunction with conserving the landscape and natural values of the Busselton wetlands. 

 

The BWCS suggests that any continuation of grazing and pasture production activities should be carried out in a sustainable manner without adverse effects on the adjoining wetlands.  Given the high nutrient producing nature of cattle grazing, nutrient management should be a key consideration in the ongoing use of the land for this purpose.  For this reason the draft Structure Plan includes a condition requiring this concern to be addressed via the preparation and implementation of a nutrient management plan.

 

Wetland Revegetation Plan

 

One criterion of the BWCS subdivision incentive requirements is for the revegetation and enhancement of appropriate locations adjoining the wetlands.  Given the revegetation of the large area of wetland to be ceded as a Reserve may be an onerous task, there is instead potential for nodal areas to be revegetated.  These areas would provide habitat and provide a seed source for natural regeneration and/or can be built upon in future revegetation efforts.  Following referral to government agencies and full assessment of the Structure Plan, this requirement may be recommended as a condition of the Structure Plan, to be completed at the time of subdivision.

 

Drainage

 

The man-made lake that exists on the property was created by a previous landowner to essentially provide water for stock.  The current landowner has since installed water troughs for this purpose.  After experiencing issues with mosquito breeding within the man-made lake area, and following advice from authorities, the landowner has commenced filling this area. 

 

With the excavation for the lake and the subsequent filling in of the lake, the topography and hydrogeology of the land will have been altered.  This could have potentially changed the hydraulic regime and overland flow paths and it is important that the hydraulic regime and overland flood flow paths are not altered such that they have an adverse impact on the proposed new allotments.

 

The proponent has advised that, although low lying, the remainder of the property is generally not subject to inundation, with relatively well draining soils as well as natural drainage channels installed by the previous owners.

 

The subject proposal generally contains sufficient information to enable it to be progressed to public advertising and referral to relevant advisory agencies.  As such, the recommendation of this report is to progress this proposal to the referral and notification stage.

 

CONCLUSION

 

Officers are of the view that the proposal is generally consistent with the objectives and relevant outcomes of the State and local planning policy framework.  It is recommended that the Amendment and the associated draft Structure Plan be initiated/adopted for public consultation.

 


 

OPTIONS

 

Should the Officer Recommendation not be supported, the following options could be considered –

 

1.         To request that the applicant modify the proposal(s) before advertising.

 

2.         To decline the initiation of the proposed Amendment and adoption of the associated Structure Plan for advertising for reasons to be identified and explained.

 

Officer assessments have not revealed any substantive issue or reasonable grounds that would support either of the above options.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The implementation of the officer recommendation will include advising the applicant of the Council resolution and referring the Amendment to the Environmental Protection Authority, which will occur within one month of the date of the delegated decision.

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.    In pursuance of the Planning and Development (Local Planning Schemes) Regulations 2015, initiates Amendment 37 to the City of Busselton Local Planning Scheme 21 for the purposes of:

 

a)         Rezoning Lot 7 (No. 86) Forrest Beach Road, Wonnerup from ‘Agriculture’ zone to ‘Conservation’ zone,  ‘Reserve for Recreation’ and ‘Reserve for Public Purpose (Water Tank)’;

b)        Amending the Scheme Map accordingly.

 

2.    Notes that, as the draft Amendment is in the opinion of the Council consistent with Part V of the Act and Regulations made pursuant to the Act, that upon preparation of the necessary documentation, the draft Amendment be referred to the Environmental Protection Authority (EPA) as required by the Act, and on receipt of a response from the EPA indicating that the draft Amendment is not to be subject to formal environmental assessment, be advertised for a period of 42 days, in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015. In the event that the EPA determines that the draft Amendment is to be subject to formal environmental assessment, this assessment is to be prepared by the proponent prior to advertising of the draft Amendment.

 

3.    Advises the Western Australian Planning Commission that the proposed Amendment is considered a ‘standard’ amendment pursuant to the Planning and Development (Local Planning Scheme) Regulations 2015 for the following reasons:

 

a)         It is an amendment relating to a zone or reserve that is consistent with the objectives identified in the Scheme for that zone or reserve.

b)        It is an amendment that would have minimal impact on land in the Scheme area that is not the subject of the amendment.

c)         It is an amendment that does not result in significant environmental, social, economic or governance impacts on land in the Scheme area.

 

4.    Adopts the draft Structure Plan for Lot 7 (No. 86) Forrest Beach Road, Wonnerup, depicted at Attachment D for public consultation, pursuant to Part 4 of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

 


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13.1

Attachment a

Location Plan

 


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Attachment b

Aerial Photograph

 


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Attachment c

Scheme Amendment Map

 


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Attachment d

Structure Plan Map

 


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Attachment e

Determination of Wetland Boundaries Map

 

 


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14.             Engineering and Work Services Report

14.1           PROPOSAL TO CLOSE PERMANENTLY PAW LOT 8000 CURRAWONG DRIVE

SUBJECT INDEX:

Thoroughfares

STRATEGIC OBJECTIVE:

Assets are well maintained and responsibly managed.

BUSINESS UNIT:

Engineering and Facilities Services

ACTIVITY UNIT:

Land Matters

REPORTING OFFICER:

Land and Infrastructure Officer - Andrew Scott

AUTHORISING OFFICER:

Director, Engineering and Works Services - Oliver Darby

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Deposited Plan 44210

Attachment b    Certificate of title - Lot 8000

Attachment c    Extract from Broadwater Structure Plan - June 2005

Attachment d   Aerial plan

Attachment e    Photos of the PAW

Attachment f    Walkability catchment area map  

  

PRÉCIS

 

PAW Lot 8000 Currawong Drive, Broadwater, is a 255sqm parcel of land held by the State, and located between properties at 19 and 21 Currawong Drive.  This report considers a proposal to close the PAW permanently for amalgamation of the land with adjoining property, pursuant to the Land Administration Act 1997.

 

This report recommends supporting the proposal, subject to a few conditions.

 

BACKGROUND

 

In a letter to the City, Altus Planning (acting on behalf of adjoining property owners), propose that PAW (pedestrian access way) Lot 8000 Currawong Drive, Broadwater, is closed permanently so that it may be amalgamated with adjoining property.  This report considers that proposal.

 

PAWs generally – How created, function and closure procedure

The Landgate Land Titles Registration Policy and Procedure Guides ‘ROA-03 Roads and their Closure’, states (section 6):

 

PAWs… are created as part of a land planning requirement in new subdivisions to provide access for a number of users and for access to a range of facilities.  Local Government must assess the impact of closing a PAW… and in considering a closure request, a balance needs to be found between resident accessibility to facilities and public transport, and security and amenity.  Where Local Government proceeds with a closure request, it is required to prepare a summary report for DPI [sic] that also includes confirmation that the Local Government has resolved to recommend the closure.

 

On a resolution of the Council, a formal PAW closure request may be made to the Department of Planning, Lands and Heritage (representing the Minister for Lands).  On receiving a request, the Department will assess the request to determine whether the closure and disposal can proceed.  Should the Department determine that the closure may proceed, it will arrange the closure and disposal of the PAW pursuant to the Land Administration Act 1997.

 


 

The subject PAW – Lot 8000 Currawong Drive, Broadwater

The dimensions of the PAW are 31.9m x 8.0m, for an area of 255sqm.  No path has been constructed on the PAW, and there is no indication that public utility services (gas, electricity, water, etc.) run through the PAW.

 

PAW Lot 8000 was created on Deposited Plan 44210 during 2005 and was subsequently vested in the Crown under section 20A of the Town Planning and Development Act 1928 (Attachments A and B).  The subdivision that led to the creation of the PAW was guided by ‘Broadwater Structure Plan – Precinct No. 1’, June 2005.  The structure plan (Attachment C) shows the requirement for a ‘potential road link’ from Currawong Drive to Lot 12 ‘Aged Persons Housing’.  At 8m wide, the PAW is consistent with current planning guidelines that address issues relating to anti-social behaviour in PAWs.

 

The PAW lies between residential properties at 19 and 21 Currawong Drive (Attachment D).  To the north of the PAW is a residential care facility (William Carey Court, owned by Baptistcare Inc.) and then Bussell Highway.  To the south of the PAW is Currawong Drive and then Lot 5588 of Crown Reserve 48426, a reserve for public recreation and drainage purposes.

 

Aerial photographs from 2001 show buildings on Lot 12 immediately north of PAW Lot 8000.  The year 2001 is well before the subdivision that led to PAW Lot 8000 being created, indicating that the planning intent for the PAW was to provide access to and from the already built residential care facility.  But the PAW has not been used for pedestrian access since it was created during 2005.  This is due to the fence (Attachment E) on the northern boundary of the PAW with the residential care facility which has not been opened since the PAW was created.

 

STATUTORY ENVIRONMENT

 

PAWs (pedestrian access ways) are created under section 152 of the Planning and Development Act 2005, and under section 20A of the ceased Town Planning and Development Act 1928.

 

Being Crown land, PAWs are subject to the Land Administration Act 1997.  Under that legislation, PAWs fall within the definition of a ‘private road’ and may be closed and disposed.  Section 87 of the Act allows the sale of Crown land for amalgamation with adjoining land.

 

Under section 3.53 of the Local Government Act 1995, local government is, by default, responsible for controlling and managing pedestrian access ways.

 

RELEVANT PLANS AND POLICIES

 

The WAPC (Western Australian Planning Commission) operational policy Liveable Neighbourhoods is relevant to the function of PAWs (pedestrian access ways) as part of a movement network that encourages walking and bicycling to nearby places compared with using a motor vehicle.  The policy also outlines proximity of residential properties to POS (public open space) based on a walking distance, and provides a method for determining a walkability catchment area of services and facilities within a neighbourhood.

 

The Landgate Land Titles Registration Policy and Procedure Guides applies to the closure of PAWs, specifically section 6 of ‘ROA-03 Roads and their Closure’.

 

Given PAWs are created as a condition of subdivision, WAPC guidelines apply, specifically:

·    Procedure for the Closure of Pedestrian Access Ways, October 2009

·    Reducing Crime and Anti-Social Behaviour in Pedestrian Access Ways, October 2009

 

The Officer Comment section of this report discusses further the application of the above policies and guidelines to PAW Lot 8000.

 

FINANCIAL IMPLICATIONS

 

As per the officer recommendation, the City should not be held liable for any costs associated with the closure and disposal of PAW Lot 8000.  Costs of closure and disposal should be borne by the proponent and not the City.

 

Given the PAW is Crown land, revenue from any sale of the PAW would be to State Revenue.

 

Closure and disposal of the PAW may result in a marginal cost saving as the City would not be responsible for maintaining the PAW.

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

Closure and disposal of PAW Lot 8000 would have negligible impact on the long term financial plan.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter primarily aligns with the following Key Goal Areas and Community Objectives of the Strategic Community Plan 2017:

 

Key goal area

Community objective

5. Transport

5.3 Cycleways that connect our communities and provide alternative transport choices

6. Leadership

6.4 Assets are well maintained and responsibility managed

 

RISK ASSESSMENT

 

The City should not be made liable for costs associated with the proposed closure and disposal of the PAW, so there should be no financial risk.  There are additionally no other risks identified of a medium or greater level.

 

CONSULTATION

 

A notice of the proposal to close permanently PAW Lot 8000 Currawong Drive was published in the 19 October 2018 edition of the Busselton Dunsborough Times, and in the 24 October 2018 edition of the Busselton-Dunsborough Mail.

 

Written notices were posted to the owners and the residents of 45 properties listed on Deposited Plan 44210 (the same as the PAW), the residential care facility (to the north of the PAW) plus four other properties within the vicinity of the PAW.  One hundred written notices were handed to the administration of the residential care facility for distribution to the residents.  The public utilities were also notified of the proposal.

 

The City received no objections to the proposal.  Submissions were received from the public utilities and an adjoining land owner advising that they did not object to the proposal.

 


 

A submission was also received from Baptistcare Inc., owner of Lot 12 and the residential care facility to the north of PAW Lot 8000.  In a letter to the City, Baptistcare Inc. advise that they:

 

“…support the closure of the Public [sic] Access Way and the amalgamation of the land into the adjoining property.  Furthermore Baptistcare have no strategic intentions of ever putting the Public [sic] Access Way into use.”

 

OFFICER COMMENT

 

Function and benefits of PAWs

PAWs are created to fulfil an important function within the community.  Guided by State Planning ‘Liveable Neighbourhoods’ policy, PAWs encourage residents to be more active by walking and bicycle riding (rather than driving) to services and making use of nearby parks and recreational facilities.  They also benefit members of the community who are not able to or not willing to drive.  For people without an option to drive a vehicle, the walking distance to a service or facility may determine whether or not they will use that service or facility.  If they are not able to use a service or facility (due to the walking distance), they may become disadvantaged.

 

Planning guidelines relating to PAWs

According to the WAPC (Western Australian Planning Commission) document ‘Liveable Neighbourhoods Draft 2015’ (page 33):

 

Walkable neighbourhoods are typically characterised by having a range of community services within 5-10 minutes (400−800 metres) walking distance of residential areas which residents may access on foot.  Liveable Neighbourhoods encourages a reduction in travel by private motor vehicles through the creation of mixed-use neighbourhoods with interconnected street patterns, where community services and facilities are within walking distance of most residents.

 

WAPC has published guideline documents for PAWs.  Referring to the document ‘Procedure for Closure of Pedestrian Access Ways’, in considering requests for closure of a PAW, the default position should be for PAWs to remain open, and their closure should be the exception.

 

With respect to access to POS (public open space), Liveable Neighbourhoods Draft 2015 requires that residential properties are located within 300m walk distance of ‘small’ or ‘local’ POS up to area of 1Ha; and within 800m walk of ‘neighbourhood’ POS of an area 1Ha to 5Ha (referring to Table 1, page 94).

 

Impact of permanent closure of PAW Lot 8000

Given PAW Lot 8000 was created to service Lot 12 (a residential care facility to the north of the PAW), the impact of permanent closure of the PAW would be on pedestrian access to and from Lot 12 to facilities and services south of the PAW.

 

Referring to Attachment F ‘Walkability catchment area map’, facilities and services that are within a walkability catchment area south of Lot 12 are:

(a)  public open space,

(b)  bus routes, and

(c)   the residential care facility itself.

 

Other facilities or services such as shopping centres or schools do not fall within the walkability catchment area of the PAW.

 

The PAW does not form part of any broader strategic pedestrian or bicycle network so these do not factor in considering closure of the PAW.

A. Impact of permanent closure of the PAW on public open space…

The following table shows the public open space that falls within the walkability catchment area of Lot 12 to the north of PAW Lot 8000, and the impact (extra walking distance) should the PAW be closed permanently.

 

Reserve No.

Type

Location

Walk distance through PAW (m)

Walk distance PAW closed (m)

48426

Small

Currawong Dr

190

605

30111

Neighbourhood

Barnard Rd

323

Same

44373

Small

Parrot Way

421

677

50223

Small

Finch St

492

727

3882

Local

Bussell Hwy

492

same

49388

Neighbourhood

Milkman Ave

542

684

45481

Local

Adjacent wetlands

654

988

22624

District

Alan St

809

same

 

Only one park, R48426, falls within the Liveable Neighbourhoods requirement that residents are within 300m walk distance of public open space.  R48426 is a small park with playground facilities located south of PAW Lot 8000, and conveniently placed for access from the residential care facility north of the PAW.  Residents need only cross Currawong Drive to access the park.  Closing the PAW permanently increases the walk distance to R48426 from 190m to 605m.  This extra distance would exceed the typical five minute (400m) walk, so people would be less inclined to walk to the park (conflicting with the objectives of Liveable Neighbourhoods).

 

Located north of the residential care facility however (so not affected by the PAW) is R30111 a larger ‘neighbourhood’ park.  At a walk distance of 323m, R30111 is slightly more than Liveable Neighbourhoods’ requirement (of 300m).  It should be noted that the walking route to R30111 involves crossing Bussell Highway (which has a small median near to the residential care facility to assist pedestrians cross the highway).

 

B.  Impact of permanent closure of the PAW on access to bus routes…

Closing PAW Lot 8000 permanently would have no impact on access to bus routes within the vicinity of the PAW.  Two bus stops (numbered 70513 and 70514) on Broadwater Boulevard may be accessed from Lot 12 via the PAW.  But there is shorter walk route via the north of Lot 12 to two other bus stops (numbered 70512 and 70626) also placed on Busselton Boulevard.

 

Other bus routes (within walkability catchment area of Lot 12) run along Bussell Highway so the PAW is not relevant to accessing those routes from Lot 12.

 

C.  Impact of permanent closure of the PAW on access to Lot 12, the residential care facility…

The residential care facility on Lot 12 is a significant facility that could be accessed via PAW Lot 8000 (if the fence on the northern boundary was opened).  People living south of the PAW might access the residential care facility to visit family and friends at the facility, to work at the facility, or to volunteer their time to assist with the care of residents (should this be allowed by the facility).

 

There are over 200 residential properties south of the PAW within a five minute (400m) walkability catchment area of Lot 12.  Within a ten minute (800m) walkability catchment area, there are over 400 residential properties.

 

Although closing PAW Lot 8000 may not meet the walkability objectives of ‘Liveable Neighbourhoods’, notices of the proposed closure to owners and occupiers of property south of the PAW did not result in any objections to the proposal.  This tends to indicate that there is no or limited need from the neighbourhood south of the PAW to access the residential care facility via the PAW.

Realising the benefits of PAW Lot 8000

The impacts of permanently closing PAW Lot 8000 described above are based on the PAW being useable.  But the PAW has not been used for its intended purpose since it was created, due to the fence remaining along the northern boundary with Lot 12 (the residential care facility).

 

For there to be any benefit from the PAW, the fence along the northern boundary would need to be opened and a path constructed through the PAW.  Following are a few constraints to that objective:

 

·    To address security concerns for the residents, the northern boundary of the PAW should be fenced with a gated opening to the PAW.  A solid fence however (like the present fence) would introduce an entrapment point at the gate which is to be avoided (according to planning guidelines).  The fence would therefore need to allow clear visibility through the fence (without assisting climbing over it) which may then introduce privacy concerns for the residents of the residential care facility.

 

·    The PAW is poorly placed relative to the buildings to the north.  Referring to Attachment D, the space between the fence line and the buildings is narrow requiring an immediate left or right turn through the opening in the fence line.  To better demonstrate this point, if the PAW was placed to the west of Lot 305 (rather than west of Lot 304), the PAW would lead directly to an open corridor between buildings within the residential care facility providing a clear view through to the PAW and Currawong Drive, and allow for a straight wide path from the PAW and into the residential care facility.  This issue of poor PAW placement might be addressed by setting a new fence line further into the PAW, but that fence would exclude public access to a northern portion of the PAW, possibly requiring a lease, easement or similar arrangement over part of the PAW to the benefit of Lot 12.

 

·    Baptistcare Inc. (owner of Lot 12 and managers of William Carey Court) would need to agree to a fence and gate design, and to the use of the PAW from the residential care facility.  In a written submission to the City, Baptistcare Inc. support the closure of the PAW and advised they have not strategic intentions to use the PAW.

 

·    Funding to design and construct a fence, secure gate, path and signage.  Funding may also be required to install lighting (for added security during hours of darkness) and to improve the landscaping of the area.

 

·    Commitment from the residents of the neighbourhood (including residents of the residential care facility) to actually use the PAW.  This should be attained before constructing a path and opening the PAW.  Otherwise, the PAW might be opened and not be used (particularly when considering the City do not receive any submissions that might indicate a need for the PAW).

 

Disposal of Lot 8000 on closure of the PAW

Should Lot 8000 be closed as a pedestrian access way, the whole of Lot 8000 should be amalgamated with either of adjoining Lots 303 or 304, or subdivided into parcels and then amalgamated with Lots 303 and 304.

 

City officers do not consider there is a need for Lot 8000 to be used for an alternative public works such as drainage or a community purpose.  And no public utility has expressed an interest in Lot 8000 (in their submissions to the notice of the proposal to close the PAW).

 

No part of Lot 8000 should be disposed as a private freehold lot.  Amalgamation of Lot 8000 with Lot 12 should be avoided as this may adversely affect the streetscape of Currawong Drive.

 

Proceeds from any sale of Lot 8000 would be directed to State Revenue, as the PAW is Crown land.

 

CONCLUSION

 

PAW Lot 8000 has not been used for its intended purpose since the PAW was created during 2005.  The City has received a proposal from Altus Planning (on behalf of adjoining property owners) to close the PAW so that the land may be amalgamated with adjoining property.  Consultation in relation to that proposal has not identified any community objections.  Furthermore, the PAW is poorly positioned relative to the position of buildings immediately north of the PAW.

 

This report recommends that the Council supports the proposal to permanently close Lot 8000 on Deposited Plan 44210 as a pedestrian access way, and the land amalgamated with adjoining Lot 303 or 304 or both.  The Council’s endorsement of the PAW closure should be subject to the City not being liable for any costs associated with the closure and disposal of the PAW.

 

On the Council’s endorsement of the PAW closure, the City may make a formal request for closure to the Department of Planning, Lands and Heritage (for the Minister for Lands) who will assess the request and deal with closure and disposal of the PAW.

 

OPTIONS

 

The Council might resolve that Lot 8000 on Deposited Plan 44210 remains open as a pedestrian access way for provision of a pedestrian and bicycle link for future development of Lot 12 to the north and the small park and the residential properties to the south.

 

This option is not recommended as it would commit the City to maintaining Lot 8000 indefinitely, as land that is likely to remain dormant for the foreseeable future.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

A letter to the Department of Planning, Lands and Heritage requesting the closure of PAW Lot 8000 may be forwarded to the Department within two weeks of the Council meeting minutes being published.

 

OFFICER RECOMMENDATION

 

That the Council endorses, pursuant to the Land Administration Act 1997:

 

1.    permanent closure of Lot 8000 on Deposited Plan 44210, Currawong Drive, Broadwater, as a pedestrian access way;

 

2.    disposal of Lot 8000 on Deposited Plan 44210 by amalgamation with adjoining Lots 303 or 304 or both;

 

3.    closure and disposal of Lot 8000 on Deposited Plan 44210 being subject to:

 

a)    the City not being liable for any costs associated with closure of the pedestrian access way and the disposal of the land; and

 

b)    the whole (and not part) of Lot 8000 on Deposited Plan 44210 is closed as a pedestrian access way and disposed.

 

 


Council

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30 January 2019

14.1

Attachment a

Deposited Plan 44210

 


 


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14.1

Attachment b

Certificate of title - Lot 8000

 


Council

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30 January 2019

14.1

Attachment c

Extract from Broadwater Structure Plan - June 2005

 


Council

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30 January 2019

14.1

Attachment d

Aerial plan

 


Council

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14.1

Attachment e

Photos of the PAW

 


 


Council

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14.1

Attachment f

Walkability catchment area map

 

 


Council                                                                                      265                                                             30 January 2019

15.             Community and Commercial Services Report

Nil


Council                                                                                      266                                                             30 January 2019

16.             Finance and Corporate Services Report

16.1           COUNCILLOR CARTER - REMOTE ATTENDANCE

SUBJECT INDEX:

Remote Attendance

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:

Director Finance and Corporate Services  - Tony Nottle

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Nil

 

PRÉCIS

 

The purpose of this report is to recommend to Council that they consider an arrangement allowing Councillor (Cr) Paul Carter to attend specified meetings of the Finance Committee by telephone (or other means of instantaneous communication) as per Regulation 14A of the Local Government (Administration) Regulations 1996 (the Regulations) for the remainder of the financial year.  This will require Council to also determine a “suitable place”, in addition to approving the arrangement.

 

BACKGROUND

 

Cr Carter commenced employment with BHP, working at the Yandi mine site, located 90kms North West of the town of Newman, Western Australia on 4 September 2018 working a 14 days on, 7 days off roster.  Cr Carter is now working an 8 days on, 6 days off roster.

 

In September 2018 the Council resolved a conference / meeting room or Cr Carters private accommodation lodgings at Yandi Accommodation Village to be a suitable place in accordance with regulation 14A of the Local Government (Administration) Regulations 1996 and approved the arrangement for Councillor Paul Carter to attend by telephone etc the Finance Committee meeting held on 15 November 2018.

 

A council cannot give approval under sub-regulation (1)(c) if to do so would mean that at more than half of the meetings of the council, or committee, as the case may be, in that financial year, a person (other than a person with a disability) who was not physically present was taken to be present in accordance with Regulation 14A.

 

Based on Cr Carter’s current roster he will be away for the Finance Committee meetings held on 21 February 2019, 21 March 2019, 18 April 2019, 16 May 2019, and 20 June 2019.   

 

STATUTORY ENVIRONMENT

 

In accordance with Regulation 14A - Attendance by telephone etc - of the Regulations, sub-regulation (1), it is the role of the Council to determine that a person who is not physically present at a meeting of a council or committee is to be taken to be present at the meeting if the person is:

 

(a)  simultaneously in audio contact, by telephone or other means of instantaneous communication, with each other person present at the meeting; and

(b)  in a suitable place, and

(c)   the council has approved of the arrangement (by absolute majority). 

 

A council cannot give approval under sub-regulation (1)(c) if to do so would mean that at more than half of the meetings of the council, or committee, as the case may be, in that financial year, a person (other than a person with a disability) who was not physically present was taken to be present in accordance with Regulation 14A.  The implications of this are discussed further in the officer comment section of this report.

 

A suitable place (as per sub-regulation (4) (b) means a place that the council has approved (again by absolute majority) as a suitable place for the purpose of the regulation and must be located -

i.      in a townsite or other residential area; and

ii.     150 km or further from the place at which the meeting is to be held … measured along the shortest road route ordinarily used for travelling;

 

where townsite has the  same meaning given to that term in the Land Administration Act 1997 section 3(1).  That is, a townsite constituted by the Minister for Lands. 

 

Yandi Accommodation Village (YAV) is not located in a townsite.  Independent legal advice has previously confirmed however that there are strong grounds to conclude that it would meet the ‘other residential area’ requirements of the regulation.  As such, Council has previously determined YAV to be a ‘suitable place’.

 

RELEVANT PLANS AND POLICIES

 

There are plans or policies relevant to this matter.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with the officer recommendation. 

 

LONG-TERM FINANCIAL PLAN IMPLICATIONS

 

There are no long term financial plan implications associated with the officer recommendation.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The matter primarily links to Key Goal Area 6 – Leadership of the City’s Strategic Community Plan 2017 and specifically Community Objective 6.3 – ‘Governance systems, process and practices are responsible, ethical and transparent’.

 

RISK ASSESSMENT

 

Given the absence of a legislative definition for ‘other residential area’, there is a risk that a different, interpretation could be taken as to whether the YAV meets the requirements of the Regulation.  Noting the legal advice previously received, this risk is considered to be low.

 

CONSULTATION

 

No external consultation is required or considered relevant for this matter.

 

OFFICER COMMENT

 

Cr Carter is currently working an 8 days on 6 days off roster which requires his remote attendance for the Finance Committee meetings (within this financial year) being held on 21 February, 21 March, 18 April, 16 May, and 20 June 2019. 

 

Council previously resolved (C1809/193) to approve Cr Carter’s remote attendance for the Finance Committee meeting of the 15 November 2018.

 

That the Council resolves

 

1.            that a conference / meeting room or Cr Carters private accommodation lodgings at Yandi Accommodation Village to be a suitable place in accordance with regulation 14A of the Local Government (Administration) Regulations 1996.

 

2.            approves the arrangement outlined in this report for Councillor Paul Carter to attend by telephone etc the Ordinary Council Meetings held on 24 October, 14 November and 28 November 2018 and the Finance Committee meeting held on 15 November 2018.

 

Council cannot give approval under sub-regulation (1)(c) for a Councillor to remotely attend more than half of the meetings of the committee in a financial year.  As such this report recommends that Council approve Cr Carter’s remote attendance for the meetings being held in this financial year on 21 February, 21 March, 18 April, and 16 May 2019.  Cr Carter will have to submit an apology for the 20 June 2019 meeting or by agreement of Presiding Member the meeting could be moved. 

 

It is proposed that Cr Carter could video conference into the meetings using the zoom technology in the Committee Room. This will enable Cr Carter to visually as well as audibly attend the meetings. 

  

With respect to determining a suitable place, it is proposed that Cr Carter continue to use a conference / meeting room within YAV where available or, where not available, his private accommodation lodgings.

 

Officers consider the following to be relevant considerations for Council in determining a suitable place and generally feel that the proposed location (which has previously been resolved as a ‘suitable place’) has provided for these:

·    A place where instantaneous communication can be easily maintained;

·    A place reasonably free of noise, distractions or interruptions;

·    A place where, as required, confidentiality can be maintained (noting that the majority of the time Council meetings are open to the public); and

·    A place where City provided equipment can be safely used without potential of damage.

 

Cr Carter has confirmed that he has continued access to use these facilities. 

 

In addition to the considerations outlined above, Councillors should also consider issues such as impacts on the effectiveness and transparency of the decision making process and public perception.  Officers make no comments or recommendations in this regard other than to note them as factors for consideration.

 

CONCLUSION

 

Cr Carter is currently working an 8 days on 6 days off roster which requires his remote attendance for the Finance Committee meetings (within this financial year) being held on 21 February, 21 March, 18 April, 16 May, and 20 June 2019.  In accordance with the Regulations, officers recommend that Council re-approve a conference / meeting room or Cr Carters private accommodation lodgings at YAV as a suitable place and approve Cr Carter’s remote attendance for the Finance Committee meetings specified.

 


 

OPTIONS

 

Council could decide to determine the proposed location as not being a suitable place and / or could decide not to approve the arrangement and instead request Cr Carter be an apology for the Finance Committee Meetings held on 21 February 2019, 21 March 2019, 18 April 2019 and 16 May 2019.  Cr Carter

 

The Council could determine it more practical to change the dates of the Finance Committee meetings proposed for 2019.

 

OFFICER RECOMMENDATION

 

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council resolves

 

1.    that a conference / meeting room or Cr Carters private accommodation lodgings at Yandi Accommodation Village to be a suitable place in accordance with regulation 14A of the Local Government (Administration) Regulations 1996

 

2.    approves the arrangement outlined in this report for Councillor Paul Carter to attend by telephone etc the Finance Committee Meetings held on 21 February 2019, 21 March 2019, 18 April 2019, and 16 May 2019

 

 

  


Council                                                                                      270                                                             30 January 2019

17.             Chief Executive Officers Report

17.1           COUNCILLORS INFORMATION BULLETIN

SUBJECT INDEX:

Councillors Information Bulletin

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:

Director Finance and Corporate Services  - Tony Nottle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

  

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

17.1.1    2018/2019 Tenders

 

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

 

·    Requirement – provision of gym equipment for the Geographe Leisure Centre in Busselton.

·    The evaluation has been completed and a preferred tenderer has been recommended.

·    A contract was awarded by the CEO in December 2018 to Technogym Australia Pty Ltd.

 

RFT15/18 CONSTRUCTION OF FREIGHT HUB CIVIL AND SERVICES INFRASTRUCTURE

 

·    Requirement – the construction of the freight hub civil and services infrastructure at Busselton-Margaret River Airport.

·    The value of the contract is expected to exceed the CEO’s delegated authority under Delegation LG3J.

·    Council endorsed the officer recommendation to delegate authority to the CEO to negotiate and agree final terms and conditions and to award a contract with Ertech Pty Ltd and that if, in the discretion of the CEO, agreement cannot be reached with Ertech Pty Ltd then the CEO may negotiate and agree final terms and conditions and enter into a contract with APH Contractors Pty Ltd.

·    A contract was awarded by the CEO (under delegated authority) in December 2018 to Ertech Pty Ltd.

 


 

RFT16/18 OLD BUTTER FACTORY REPAIR WORKS

 

·    Requirement – repair and rectification works to the Old Butter Factory following fire damage to the building.

·    A Request for Tender was advertised on 20 October 2018 with a closing date of 9 November 2018. 

·    No submissions were received.

·    The CEO determined that a private request for quotation be made in respect of the works. 

·    One response was received in respect of the request for quotation.

·    Officers are currently completing an evaluation and it is anticipated a recommendation for award of contract will be made in January 2019. 

 

RFT17/18 PORT GEOGRAPHE FINGER JETTY REPLACEMENT

 

·    Requirement – the demolition of existing finger jetty or jetties (as determined by the City) located at the Port Geographe Marina boat launching facility in Busselton and the replacement of such jetty or jetties with floating pontoon style finger jetty or jetties.

·    A Request for Tender was advertised on 3 November 2018 with a closing date of 20 November 2018. 

·    The value of the contract is not expected to exceed the CEO’s delegated authority under Delegation LG3J.

·    It is anticipated that a contract will be awarded in January 2019.

 

RFT18/18 EQUIPMENT FINANCE LEASE FOR NETWORK SERVERS 

 

·    Requirement – financing of network servers by way of an equipment finance lease.

·    A Request for Tender was advertised on 15 December 2018 with a closing date of 10 January 2019. 

·    The value of the contract is not expected to exceed the CEO’s delegated authority under Delegation LG3J.

·    It is anticipated that a contract will be awarded in January 2019.

 

EOI01/18 CONSTRUCTION OF THE CITY CENTRE EASTERN LINK – STAGE 1  

 

·    Requirement – Construction of the City Centre Eastern Link Stage 1.

·    An Expression of Interest was advertised on 15 December 2018 with a closing date of 22 January 2019. 

·    It is anticipated that the process for making a preliminary selection among prospective will be completed in February 2019.

·    It is anticipated that the tender phase for acceptable tenderers will commence early in February 2019.

 

17.1.2    Donations Contributions and Subsidies Fund – November and December 2018

 

The Council allocates an annual budget allowance to the Donations, Contributions and Subsidies (Sponsorship Fund).  This is provided such that eligible groups and individuals can apply for and receive sponsorship to assist them in the pursuit of endeavours that bring direct benefit to the broader community.  Allocation of the funds is delegated to the Chief Executive Officer, in accordance with published guidelines and funding availability.

 


 

Five applications were supported in November 2018, totalling $1,550.00 and four applications were supported in December 2018, totalling $3,550.00 as outlined in the tables below:

 

App. No.

Recipient

Purpose

Amount

November 2018

35/1819

Vasse Primary School

Year 6 graduation assembly award.

$100.00

36/1819

Hannah Bowden

Funding to assist with associated travel expenses to join the highly prestigious International Youth leadership Conference being held in Prague in January 2019.

 

$350.00

37/1819

Charlee Langridge

Selected to partake in the 2018 Australasian Show Horse and Rider Championships. Funding to assist with associated travel expenses.

 

$300.00

38/1819

Dunsborough Art Society

Funds to assist with covering cost to hire Yallingup Hall as the venue for their ten day art exhibition commencing 3 January 2019.

 

$500.00

39/1819

Caelin Winchcobe

Selected to represent WA at the Oceania Laser Dinghy Championships in Devonport, Tasmania in January 2019. Funds to assist with associated travel expenses.

 

$300.00

 

 

November Total

$1,550.00

 

App. No.

Recipient

Purpose

Amount

December 2018

40/1819

Busselton Tennis Club

Funding to assist with costs associated with court preparation, umpires, trophies & catering required whilst hosting the Busselton Junior Open tennis Tournament in January 2019. The three day event is allocated by Tennis Australia, attracting local and state wide competitors.

 

$1,000.00

41/1819

Busselton Tennis Club

Funds will assist with costs associated with court preparation, umpires, trophies & catering required whilst hosting the Busselton Junior Open tennis Tournament in March 2019. The three day event is allocated by Tennis Australia, attracting local and state wide competitors.

 

$1,000.00


 

45/1819

Acting Up Academy of Performing Arts Inc.

Funding to assist with covering the cost of running five drama and musical theatre workshops & one drama audience participation performance as part of 'Summer Shorts 2019' - a short summer school of creative workshops for all ages being held in the ArtGEO precinct. The funding contribution provides opportunities for children and adults to participate in the workshops at an affordable cost (from $10-$20per person).

 

$500.00

46/1819

Ocean Edge Performance Writers

Funding to assist with covering the cost of running two workshops for script writing and performance as part of 'Summer Shorts 2019' - a short summer school of creative workshops for all ages being held in the ArtGEO precinct. The funding contribution provides opportunities for children and adults to participate in the workshops at an affordable cost ($10per person).

 

$750.00

47/1819

Charles Sissoev

Selected to represent WA as a member of the U15 Country Men's development team competing at the Southern Cross challenge (basketball) being held in Melbourne, VIC 18-21 January 2019.

 

$300.00

 

 

December Total

$3,550.00

 

 

OFFICER RECOMMENDATION

 

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

·    17.1.1              2018/2019 Tenders

·    17.1.2              Donations Contributions and Subsidies Fund – November and December 2018

 

 

  


Council                                                                                      274                                                             30 January 2019

18.             Motions of which Previous Notice has been Given

Nil  

19.             urgent business

20.             Confidential Matters

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.

20.1           RFT 16-18 OLD BUTTER FACTORY REPAIR WORKS

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

 

21.             Closure