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

CITY OF BUSSELTON

MINUTES FOR THE Council MEETING HELD ON 25 September 2019

TABLE OF CONTENTS

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening aCKNOWLEDGEMENT OF COUNTRY / ACKNOWLEDGEMENT OF Visitors / DISCLAIMER / NOTICE OF RECORDING OF PROCEEDINGS. 3

2....... Attendance. 3

3....... Prayer. 3

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

5....... Disclosure Of Interests. 4

6....... Announcements Without Discussion.. 4

7....... Question Time For Public. 4

8....... Confirmation and Receipt Of Minutes. 4

Previous Council Meetings. 4

8.1          Minutes of the Council Meeting held 11 September 2019. 4

9....... RECEIVING OF Petitions, Presentations AND DEPUTATIONS. 4

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

11..... Items brought forward.. 5

adoption by exception resolution.. 6

12.1        Policy and Legislation Committee - 10/09/2019 - REVIEW OF COUNCIL POLICY - CONVENING OF THE COUNCIL FOLLOWING AN ORDINARY ELECTION.. 6

13.          PLANNING AND DEVELOPMENT SERVICES REPORTS. 14

13.1        DRAFT AMENDMENT 36 TO LOCAL PLANNING SCHEME 21 - 'VASSE EAST' - CONSIDERATION FOR ADOPTION FOR FINAL APPROVAL. 14

13.2        AMENDMENT NO. 38 TO LOCAL PLANNING SCHEME NO. 21 – INTRODUCTION OF ADDITIONAL USE (A82) TO LOT 61 (No. 400) METRICUP ROAD, METRICUP INCLUDING ASSOCIATED STRUCTURE PLAN (INCORPORATING LOT 60 (No. 310) METRICUP ROAD, METRICUP). 68

17.1        COUNCILLORS' INFORMATION BULLETIN.. 91

ITEMS TO BE DEALT WITH BY SEPARATE RESOLUTION, WITHOUT DEBATE. 96

13.3        BUSH FIRE ADVISORY COMMITTEE – APPOINTMENT OF DEPUTY CHIEF BUSH FIRE CONTROL OFFICER – BUSH FIRES ACT 1954. 96

14.1        AWARD OF TENDER RFT11/19 ROAD NETWORK UPGRADE - CITY CENTRE EASTERN LINK STAGE 1 AND STAGE 2A + 2B. 99

16.1        REVIEW OF COMMITTEES, WORKING GROUPS AND TERMS OF REFERENCE. 115

18..... Motions of which Previous Notice has been Given.. 156

19..... urgent business. 156

20..... Confidential Reports. 156

21..... Closure. 156

 


Council                                                                                      5                                                           25 September 2019

MINUTES

 

MINUTES OF A Meeting of the Busselton City Council HELD IN the Council Chambers, Administration Building, Southern Drive, Busselton, ON 25 September 2019 AT 5.30pm.

 

1.               Declaration of Opening aCKNOWLEDGEMENT OF COUNTRY / ACKNOWLEDGEMENT OF Visitors / DISCLAIMER / NOTICE OF RECORDING OF PROCEEDINGS

The Presiding Member opened the meeting at 5.30pm.

2.               Attendance

Presiding Member:

Members:

 

Cr Grant Henley     Mayor

Cr John McCallum  Deputy Mayor

Cr Coralie Tarbotton

Cr Ross Paine

Cr Paul Carter

Cr Robert Reekie

Cr Kelly Hick

Cr Lyndon Miles

 

Officers:

 

Mr Mike Archer, Chief Executive Officer

Mr Daniell Abrahamse, Acting Director, Engineering and Works Services

Mr Paul Needham, Director, Planning and Development Services

Mrs Naomi Searle, Director, Community and Commercial Services

Mr Tony Nottle, Director, Finance and Corporate Services

Ms Sarah Pierson, Manager, Governance and Corporate Services

Ms Melissa Egan, Governance Officer

 

Apologies:

 

Nil

 

Approved Leave of Absence:

 

Nil

 

Media:

 

“Busselton-Dunsborough Times”

 

Public:

 

9

3.               Prayer

The prayer was delivered by Pastor Lee Sykes of the Cornerstone Church.

4.               Application for Leave of Absence

Nil

5.               Disclosure Of Interests

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

 

·         Cr Ross Paine in relation to Agenda Item 14.1 Award of Tender RFT11/19 Road Network Upgrade – City Centre Eastern Link Stage 1 and Stage 2A and 2B.

 

The Mayor advised that in accordance with Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007, this declaration would be read out immediately before Item 14.1 was discussed and decided.

 

6.               Announcements Without Discussion

Announcements by the Presiding Member

 

The Presiding Member was pleased to announce the imminent appointment of Mr Todd Johnson to the position of Deputy Chief Bush Fire Control Officer.

7.               Question Time For Public

Nil

8.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

8.1             Minutes of the Council Meeting held 11 September 2019

COUNCIL DECISION

C1909/183              Moved Councillor J McCallum, seconded Councillor R Reekie

That the Minutes of the Council Meeting held 11 September 2019 be confirmed as a true and correct record.

CARRIED 8/0

 

9.               RECEIVING OF Petitions, Presentations AND DEPUTATIONS

Petitions

 

Nil

Presentations

 

Nil

Deputations

 

Nil

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

Nil

11.             Items brought forward

For the convenience of the Public

 

Nil

Adoption by Exception Resolution

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

 

COUNCIL DECISION AND COMMITTEE AND OFFICER RECOMMENDATION

C1909/184              Moved Councillor C Tarbotton, seconded Councillor K Hick

 

That the Committee Recommendation for Item 12.1 and the Officer Recommendations for Items 13.1, 13.2 and 17.1 be carried en bloc:

               

12.1        Policy and Legislation Committee - 10/09/2019 - REVIEW OF COUNCIL POLICY - CONVENING OF THE COUNCIL FOLLOWING AN ORDINARY ELECTION

 

13.1        DRAFT AMENDMENT 36 TO LOCAL PLANNING SCHEME 21 - 'VASSE EAST' - CONSIDERATION FOR ADOPTION FOR FINAL APPROVAL

 

13.2        AMENDMENT NO. 38 TO LOCAL PLANNING SCHEME NO. 21 – INTRODUCTION OF ADDITIONAL USE (A82) TO LOT 61 (No. 400) METRICUP ROAD, METRICUP, INCLUDING ASSOCIATED STRUCTURE PLAN (INCORPORATING LOT 60 (No. 310) METRICUP ROAD, METRICUP)

 

17.1       CHIEF EXECUTIVE OFFICER’S REPORT

 

CARRIED 8/0

En Bloc

 

 

 


Council                                                                                      10                                                         25 September 2019

adoption by exception resolution

12.             REPORTS OF COMMITTEE

12.1           Policy and Legislation Committee - 10/09/2019 - REVIEW OF COUNCIL POLICY - CONVENING OF THE COUNCIL FOLLOWING AN ORDINARY ELECTION

STRATEGIC GOAL

STRATEGIC OBJECTIVE

6. LEADERSHIP Visionary, collaborative, accountable

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

SUBJECT INDEX

Council Policies

BUSINESS UNIT

Governance Services

REPORTING OFFICER

Executive Assistant to Council - Lisa Haste

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

Executive: substantial direction setting, including adopting strategies, plans and policies (excluding local planning policies), tenders, setting and amending budgets, funding, donations and sponsorships, reviewing committee recommendations

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Proposed Policy - Swearing In of Elected Members

Attachment b    Current Policy - Convening of the Council Following an Ordinary Election  

 

This item was considered by the Policy and Legislation Committee at its meeting on 10 September 2019, the recommendations from which have been included in this report.

 

OFFICER RECOMMENDATION

That the Council adopts the Council Policy ‘Swearing In of Elected Members’ as per Attachment A, to replace the current Council Policy entitled ‘Convening of the Council Following an Ordinary Election’ (Attachment B).

 

COUNCIL DECISION  AND COMMITTEE RECOMMENDATION AND AMENDED OFFICER RECOMMENDATION

C1909/185              Moved Councillor C Tarbotton, seconded Councillor K Hick

That the Council adopts the Council Policy ‘Swearing In of Elected Members’ as per Attachment A, to replace the current Council Policy entitled ‘Convening of the Council Following an Ordinary Election’ (Attachment B) inclusive of Committee requested amendments and additional officer amendments, as detailed within:

CARRIED 8/0

En Bloc

 

 

 

Reasons:    The Committee requested the inclusion of the words ‘Special Council Meeting’ in the scope of the policy to ensure it is clear that the policy is inclusive of not only the elected member declaration, but also the Special Council Meeting that follows; and replacing ‘is to be’ with ‘should be’ in paragraphs 5.2 and 5.3 to allow for flexibility should the need arise.

                         The officer amendment included the removal of the word ‘Standing’ from paragraph 5.4 in reference to Council’s Committees as there is no reference to ‘Standing Committee’s’ in the Local Government Act 1995.

EXECUTIVE SUMMARY

This report presents for adoption a revised ‘Convening of the Council Following an Ordinary Election’ Council Policy (Attachment B), proposed to be renamed ‘Swearing In of Elected Members’ (Attachment A). The revised Policy better outlines the requirements of an Elected Member declaration and the first meeting following an Ordinary Local Government Election


BACKGROUND

Council policy ‘Convening of the Council Following an Ordinary Election’ was initially adopted by Council in March 2010 (C1003/075) and reviewed and updated in April 2015 (C1504/081). This current policy provides information in regards to the ceremony to follow an election and explicitly recognises the special significance of the business to be conducted at the Council’s first meeting.

 

The City has developed and implemented a Policy Framework, which sets out the intent of Council policies, as opposed to operational documents such as Operational Practices. Upon reviewing the current policy, it was felt that the title did not accurately convey the intent of the policy; the scope described a number of different processes, and overall, the policy wasn’t as clear and succinct as it could be.

OFFICER COMMENT

Local government elections are held on the third Saturday in October every two years. Each Councillor whose term will cease at the election, retires from their position as Councillor on election night at 6pm in accordance with Section 2.28  of the Local Government Act 1995 (days on which terms begin and end).

It is recognised that those successfully elected or re-elected through a local government election cannot participate in the transaction of business until they have made the Elected Member declaration. The Policy stipulates that the Elected Member declaration is to be made at a swearing in ceremony on the first Monday following the ordinary election.

 

The swearing in ceremony is to be the first order of business once the Special Meeting of Council has been declared open. Following this item will be the election of the Mayor and Deputy Mayor; appointment of members to Council’s Standing Committees; and appoint membership of Elected Member delegates to various other groups, working parties and other informal groups.

 

Election to Council is a momentous occasion and as such, the Policy provides for the holding of an informal function for newly Elected Members and their immediate family members to mark the event, with invitations extended to the Chief Executive Officers, Directors and other relevant staff.

Statutory Environment

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 it is the role of the Council to determine the local government’s policies.  The Council does this on the recommendation of a Committee it has established in accordance with Section 5.8 of that Act.

A number of sections of the Local Government Act 1995 are relevant to the proposed policy, including:

·    Section 2.29 which provides for the declaration of elected members before acting in the office;

·    Section 5.8 of the Local Government Act 1995 provides for the establishment of committees; and

·    Schedule 2.3, Division 1 of the Local Government Act 1995 provides for when and how mayors, presidents, deputy mayors and deputy presidents are elected by the Council.

Relevant Plans and Policies

In August 2017 the CEO commissioned a high level independent review of the City’s governance systems – the Governance Systems Review (GSR).   The GSR made a number of recommendations with respect to the City’s policy and procedure framework.  In response the City developed a policy framework which sets out the intent of Council policies, as opposed to operational documents such as Operational Practices. 

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place.

No risks of a medium or greater level have been identified.


 

Options

As an alternative to the proposed recommendation the Council could:

1.    Decide to retain the Policy in its current form.

2.    Decide to make additional amendments.

CONCLUSION

In accordance with City’s Policy Framework, a review of Council policy ‘Convening of the Council Following an Ordinary Election’ has identified that it does not clearly convey the requirements for an Elected Member declaration or set out the order of business for the first Council meeting following an election.

 

The policy as proposed, more clearly articulates those requirements for the swearing in ceremony and Special Meeting of Council.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Policy will be implemented immediately on adoption and will be ready to use following the 2019 election.

 


Council

12

25 September 2019

12.1

Attachment a

Proposed Policy - Swearing In of Elected Members

 


 


Council

13

25 September 2019

12.1

Attachment b

Current Policy - Convening of the Council Following an Ordinary Election

 

 


Council                                                                                      18                                                         25 September 2019

13.             PLANNING AND DEVELOPMENT SERVICES REPORTS

13.1           DRAFT AMENDMENT 36 TO LOCAL PLANNING SCHEME 21 - 'VASSE EAST' - CONSIDERATION FOR ADOPTION FOR FINAL APPROVAL

STRATEGIC GOAL

STRATEGIC OBJECTIVE

2. PLACE AND SPACES Vibrant, attractive, affordable

2.1 Planning strategies that foster the development of healthy neighbourhoods that meet our needs as we grow.

SUBJECT INDEX

Structure Plans

BUSINESS UNIT

Strategic Planning

REPORTING OFFICER

Principal Strategic Planner - Louise Koroveshi

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

Legislative: to adopt legislative documents e.g. local laws, local planning schemes, local planning policies

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Location Plan/Aerial Photograph

Attachment b    Scheme Amendment Map

Attachment c    Flora and Vegetation Assessment

Attachment d   Public Open Space Concept Plan

Attachment e    Schedule of Modifications

Attachment f    Local Planning Strategy

Attachment g   Schedule of Submissions  

 

COUNCIL DECISION AND OFFICER RECOMMENDATION

C1909/186              Moved Councillor C Tarbotton, seconded Councillor K Hick

That the Council:

1.         In pursuance of the Planning and Development (Local Planning Schemes) Regulations 2015, adopts Amendment 36 to Local Planning Scheme 21 for final approval, in accordance with the modifications proposed in the Schedule of Modifications shown at Attachment E, for the purposes of:

(a)       Rezoning Lots 1445, 178, 501, 9000 and 176 Rendezvous Road and Lot 9003 Vasse-Yallingup Siding Road, Vasse from ‘Rural Residential’ to ‘Urban Development’.

(b)       Rezoning Lots 224 and 634 Rendezvous Road, Vasse from ‘Agriculture’ to ‘Urban Development’.

(c)       Amending the Development Investigation Area by excluding Lots 1445, 178, 501, 9000, 201, 176 and 224 Rendezvous Road and Lot 9003 Vasse-Yallingup Siding Road, Vasse.

(d)       Amending ‘Special Provision Area No. 4’ to read as follows –

 

No

Particulars of Land

Zone

Special Provisions

SP4

As identified on the Scheme map

Urban Development

1.    Notwithstanding the requirement for a structure plan for land in a Development Zone a single integrated Structure Plan shall be required for the whole of Special Provision Area 4.

2.    No subdivision (including strata or survey strata subdivision) or other development shall be carried out in Special Provision Area 4 until a Structure Plan has been prepared and adopted under the provisions of Part 4 of the deemed provisions.

3.    Where land is specifically zoned the provisions of the zone shall prevail over the Structure Plan.

4.    Structure planning is to identify developable and non-developable areas based on comprehensive environmental assessment that investigates, but is not limited to, the following matters -

a)    Identification of vegetation having conservation significance.

b)    Approved measures to ensure the retention, protection and ongoing management of those remnant vegetated areas having recognised environmental values within ‘public open space’ and/or conservation areas (as identified on an endorsed Structure Plan).  Such measures are required to also address linkages and connectivity with contiguous areas of similarly important remnant vegetation on land adjoining the special provision area as well as management measures to ensure the habitat functions of these areas are maintained and where possible enhanced.

c)    Determination of boundaries of geomorphic wetlands including identification of appropriate buffers to development to the satisfaction of the Department of Biodiversity, Conservation and Attractions.

d)    A Local Water Management Strategy to establish a framework to ensure that the quality and quantity of surface and groundwater is maintained post-development and is to address (but not be limited to):

i.     flood management (major events);

ii.    measures to ensure that existing hydrological and ecological functions of the geomorphic wetlands are not impacted by future development;

iii.   establish groundwater conditions, based on monitoring, and management requirements;

iv.   identify and describe proposed measures to capture and treat the minor events; and

v.    outline monitoring and management requirements.

5.    Areas identified as having conservation significance (such as wetlands & buffers) are to be identified on a Structure Plan as ‘Reserve for Conservation’ and ceded free of cost to the Crown at the time of subdivision in addition to any public open space land required as a condition of subdivision for residential purposes.

6.    Prospective conditions of subdivision requiring the requisite preparation of vegetation, fauna, wetland and ASS management plans (e.g.), the primary objective of which would be to ensure the protection and ongoing management of significant environmental, biodiversity, habitat and/or cultural values.

7.    Prior to subdivision or development the proponent is to prepare a Development Contribution Plan to the satisfaction of the City of Busselton and WAPC to ensure appropriate and timely contributions towards community facilities, public open space and civil infrastructure on a progressive and staged basis.

 

(e)          Amending the Scheme Map accordingly.

2.            Advise the Western Australian Planning Commission that the proposed Amendment is                 considered by the Council to be a ‘standard’ amendment pursuant to the Planning and                 Development (Local Planning Schemes) Regulations 2015, for the following reasons:

i.     The Amendment would have minimal impact on land in the Scheme area that is not the subject of the amendment.

ii.    The Amendment would not result in any significant environmental, social, economic or governance impacts on land in the Scheme area.

 

3.            Pursuant to r.53 of the Planning and Development (Local Planning Schemes) Regulations                 2015, endorses the Schedule of Submissions at Attachment G, which has been prepared                 in response to the public consultation process undertaken in relation to Amendment 36.

4.            Upon preparation of the necessary documentation, refers the adopted Amendment 36 to the Western Australian Planning Commission for consideration and determination in accordance with the Planning and Development Act 2005.

5.            Pursuant to r.56 of the Planning and Development (Local Planning Schemes) Regulations 2015, should directions be given that modifications to Amendment 36 are required, direct these modifications to be undertaken accordingly, on behalf of the Council, unless they are considered by Officers likely to significantly affect the purpose and intent of the draft Amendment, in which case the matter shall be formally referred back to the     Council for assessment and determination.

CARRIED 8/0

En Bloc

EXECUTIVE SUMMARY

The Council is requested to consider adopting draft Amendment 36 to Local Planning Scheme 21 (LPS21) for final approval. Draft Amendment 36 proposes to rezone Lots 1445, 178, 501, 9000, 201 and 176 Rendezvous Road and Lot 9003 Vasse-Yallingup Siding Road, Vasse from ‘Rural Residential’ to ‘Urban Development’ and Lots 224 and 634 Rendezvous Road, Vasse from ‘Agriculture’ to ‘Urban Development’ (collectively referred to as ‘Vasse East’).

 

Advertising of the Amendment resulted in 12 external agency submissions and 14 public submissions. The public submissions included 7 objections and matters raised focussed on perceived loss of amenity and property values, potential environmental impacts and inconsistency with the Leeuwin Naturaliste Sub-Regional Strategy 2019.

 

Officers are recommending that draft Amendment 36 be adopted for final approval, in accordance with changes proposed on advice from the Environmental Protection Authority (EPA), as well as submissions received from the Department of Water and Environmental Regulation (DWER) and Department of Biodiversity, Conservation and Attractions (DBCA), and as set out in the Schedule of Modifications provided at Attachment E, and referred to the Western Australian Planning Commission (WAPC) and Hon. Minister for Planning for final approval.

BACKGROUND

‘Vasse East’ is located immediately east of existing residential development at Vasse and Heron Lake (Attachment A: Location Plan/Aerial Photograph). Immediately to the east and all the way through to Queen Elizabeth Avenue, land is zoned, subdivided and mostly developed for rural residential purposes. To the north and the south, the amendment area is bound by the Busselton Bypass and Rendezvous Road respectively. The subject land is generally flat and consists of mostly cleared agriculture and grazing land and includes residential buildings and outbuildings. The subject land also contains wetlands and native remnant vegetation.

 

The proposal comprises a Scheme Amendment that proposes to rezone Lots 1445, 178, 501, 9000, 201 and 176 Rendezvous Road and Lot 9003 Vasse-Yallingup Siding Road, Vasse from ‘Rural Residential’ to ‘Urban Development’ and Lots 224 and 634 Rendezvous Road, Vasse from ‘Agriculture’ to ‘Urban Development’. Amendments to the boundary and provisions of Special Provision Area 4 are also proposed to ensure that future structure planning for the subject land includes comprehensive environmental investigations and assessment.

 

Draft Amendment 36 was initiated by the Council for public consultation on 24 April 2018. The Scheme Amendment map is provided at Attachment B.

 

The rationale behind draft Amendment 36 relates to the identification of the subject land as a long term urban growth area by the City’s Draft Local Planning Strategy and the objective of preventing the sterilisation of the land for future urban development through rural residential subdivision and development (there exists the ability for landowners to seek approval to a structure plan to facilitate subdivision under the current planning framework).

 

Of relevance to this proposal, draft Amendment 28 (‘Omnibus 3’) was initiated by the Council for public consultation on 24 April 2018. Draft Amendment 28 received consent to advertise from the WAPC on 29 June 2019 subject to modifications (prospective advertising should commence by late September). Included in a range of matters considered by draft Amendment 28 is the introduction of consolidated and Regulation compliant development zone provisions into LPS21, including the introduction of a new ‘Urban Development’ zone. It was originally intended that draft Amendment 28 would include zoning proposals for ‘Vasse East’. In response to preliminary advice received from the EPA that a comprehensive structure plan may need to be progressed concurrently with draft Amendment 28, proposed changes concerning ‘Vasse East’ were detached from that amendment, to be progressed via a separate, stand-alone amendment.

 

It should also be noted that the City is in receipt of a structure plan application relating to Lots 9000, 176 and 201 Rendezvous Road, Vasse that proposes the creation of 37 lots with a minimum lot size of 2,000m2. Assessment of the structure plan application and its suitability for consideration for adoption for advertising has not yet been completed and it is not necessarily supported by officers in its current form. A submission objecting to Amendment 36 has been received from the proponent and this is further discussed under the ‘Stakeholder Consultation’ section of this report.

 

Environmental Considerations

Draft scheme amendments require examination by the EPA pursuant to S48A of the Environmental Protection Act 1986 to determine if formal assessment is required, and if not, advice and recommendations may be provided to the local government.

 

Environmental values within the subject land include; remnant native vegetation; threatened ecological communities (TECs); Swan Coastal Plain geomorphic wetlands and terrestrial fauna. The EPA requested additional information to enable assessment under S48A of the Environmental Protection Act 1986 in relation to flora and vegetation, terrestrial fauna and inland waters and advised that further scheme mechanisms (such as text provisions) are required to mitigate impacts to these values.

 

In response the City provided the EPA with the following information –

1.    Proposed modified Scheme provisions to strengthen requirements for environmental assessments to be undertaken as part of the future structure planning process.

2.    A targeted flora and vegetation assessment for Lot 1445 Rendezvous Road, Vasse (Attachment C).

3.    A public open space concept plan (Attachment D) that captures spatially the environmental features identified on the City’s GIS database (i.e. those values mentioned above) and recommendations from the vegetation assessments (remnant vegetation and ecological linkages within Lot 1445 Rendezvous Road). Areas proposed to be included in public open space by a subsequent structure plan would be further investigated by hydrological, geotechnical, environmental and local water management assessments and recommendations as part of the structure planning process.

 

The EPA issued its decision on draft Amendment 36 on 27 May 2019, concluding that the Amendment can be managed to meet the EPA’s environmental objectives through the implementation of the proposed modified local planning scheme provisions and structure planning requirements.

OFFICER COMMENT

The land subject of Amendment 36 is strategically identified as a future urban growth area ‘Vasse East (11)’ in the City’s Draft Local Planning Strategy and was identified for ‘Urban Expansion’ in the advertised version of the WAPC Leeuwin Naturaliste Sub-Regional Strategy.

 

A significant purpose of Amendment 36 is to prevent the sterilisation of the land within ‘Vasse East’ for future urban development through rural residential subdivision/development. Placement of the land in a ‘Development’ zone will trigger the requirement for comprehensive structure planning that will include, amongst other things, the targeted environmental assessments contained in the recommended special provisions, as set out in the Schedule of Modifications at Attachment E, and relevant matters/concerns raised in the public submissions. 

 

Having considered the submissions received, officers consider that draft Amendment 36 is an appropriate outcome consistent with the Planning and Development (Local Planning Schemes) Regulations 2015, key local and State strategic planning documents and the orderly and proper planning within the City of Busselton. 

Statutory Environment

The key elements of the statutory environment in relation to draft Amendment 36 are set out in the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015. Each is discussed 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.  Draft Amendment 36 is considered to be a ‘standard’ amendment.

Relevant Plans and Policies

The key policy implications with respect to the proposal are set out in the following documents –

·    State Planning Policy 3 – Urban Growth and Settlement;

·    State Planning Policy 3.7 – Planning in Bushfire Prone Areas & Planning Bulletin 111/2016 Planning in Bushfire Prone Areas;

·    Leeuwin Naturaliste Sub-Regional Strategy 2019; and

·    Draft City of Busselton Local Planning Strategy 2016.

 

Each is discussed below under appropriate subheadings.

 

State Planning Policy 3 - Urban Growth and Settlement

SPP 3 sets out the principles and considerations which apply to planning for urban growth and settlement in Western Australia. The overall aim of the policy is to facilitate sustainable patterns of urban growth and settlement and effective protection of the environment. The policy cites five objectives to achieve this outcome. The following objectives of the policy are relevant to the consideration of draft Amendment 36 –

·    To promote a sustainable and well planned pattern of settlement across the State, with sufficient and suitable land to provide for a wide variety of housing, employment, recreation facilities and open space.

·    To promote the development of a sustainable and liveable neighbourhood form which reduces energy, water and travel demands whilst ensuring safe and convenient access to employment and services by all modes, provides choice and affordability of housing and creates an identifiable sense of place for each community.

 

Consolidation of development around Vasse which has existing and planned community services and infrastructure (e.g. reticulated sewer and water), through a higher and better use of the land, is considered to be more consistent with SPP 3 than low density rural residential subdivision.

 

State Planning Policy 3.7 Planning in Bushfire Prone Areas 2017 & Planning Bulletin 111/2016 Planning in Bushfire Prone Areas

SPP 3.7 directs how strategic planning proposals should address bushfire risk management in Western Australia. It applies to all land which has been designated as being bushfire prone on the State Map of Bushfire Prone Areas. 

 

Planning Bulletin 111/2016 also assists with the interpretation and implementation of SPP 3.7, the associated Guidelines for Planning in Bushfire Prone Areas 2017 and the deemed provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 Part 10A – Bushfire Risk Management. The Planning Bulletin also sets out exemptions from the requirements of SPP 3.7 and the deemed provisions, to be applied pragmatically by the decision maker, for proposals that do not result in –

·          the intensification of development (or land use);

·          an increase in the number of residents; or

·          does not involve the occupation of employees on site for any considerable amount of time.

Draft Amendment 36, in and of itself, will not result in any of the outcomes listed above and is therefore exempt from the requirements of SPP 3.7. Pursuant to Part 4 r.15 of the Regulations, land identified as being in a ‘Development’ zone requires the preparation of a structure plan before subdivision and development can occur, and the assessment of bushfire risk and management measures would be comprehensively addressed at that stage.

 

Leeuwin Naturaliste Sub-Regional Strategy 2019

The Leeuwin Naturaliste Sub-Regional Strategy 2019 (LNSRS) is an overarching strategic land use planning document outlining the approach of the WAPC to future planning and development in the City of Busselton and Shire of Augusta-Margaret River.

 

The LNSRS identifies ‘Vasse East’ as ‘Rural Living’ and ‘Rural’ which simply reflects the current zoning of the land under LPS21. The advertised version of the draft LNSRS, however, identified ‘Vasse East’ for urban expansion, reflective of the strategic direction set out by the draft LPS. City officers understand that the exclusion of the area in the final LNSRS was probably unintentional, and the document may be amended to be consistent with the draft document.

 

As the decision of the Council to initiate draft Amendment 36 was consistent with the (then) draft LNSRS and the draft LPS, officers are of the view that progression of the proposal is warranted. Support (or otherwise) for the draft Amendment and a final decision rests with the WAPC and the Minister for Planning respectively.

 

Draft Local Planning Strategy 2016

The draft LPS was adopted by the Council in September 2016 and is pending endorsement by the WAPC. 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 the Scheme. The draft LPS also sets out four ‘frameworks’ relating to: settlement; urban growth areas; activity centres; and industrial/service commercial growth areas. ‘Vasse East’ is identified as a long term urban growth area (reference number 11 on the draft LPS map provided at Attachment F) for the following key reasons –

 

i.      Currently zoned ‘Rural Residential’ but not structure planned;

ii.     Proximity to Vasse would suggest a higher and better use than (potentially) unsewered rural residential subdivision and development; and

iii.    Consolidate settlement around Vasse where commercial, retail, education and other community infrastructure and service infrastructure has been developed (and will continue to do so in accordance with the local planning framework).

 

‘Vasse East’ was also included in the draft LPS so that the land would not be prejudiced by existing rural residential subdivision and development opportunities.

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

Draft Amendment 36 was advertised for 42 days ending 31 July 2019. A total of 26 submissions were received (12 government agency and 14 public submissions). A Schedule of Submissions is provided at Attachment G. The public submissions included 7 objections to the Amendment and matters raised are summarised as follows –

i.      Loss of amenity (views/rural outlook, peace and quiet, expectation of adjacent rural residential subdivision not urban).

ii.     Impacts on the environmental attributes of the subject land (wetlands, native vegetation, fauna).

iii.    Inconsistent with the identification of the land for ‘Rural Living’ by the LNSRS and Lots 9000, 176 and 201 Rendezvous Road, Vasse should be excluded from Amendment 36 to enable subdivision into 2,000m2 lots in accordance with the structure application currently before the City.   

 

With respect to the first two matters, future structure planning for the Amendment area would address relevant matters raised in public submissions. Structure planning proposals for the land would be advertised for public comment and adjoining landowners would be notified and have an opportunity to put forward their views. The structure planning process would consider the interface with, and transition to, adjoining residential and rural residential areas, and comprehensive environmental assessments to identify areas to be set aside for public open space (i.e. waterways and wetlands and appropriate foreshore buffers and vegetation having environmental values).

 

With respect to item iii) officers have discussed the matter further with the proponents who have since advised that Amendment 36 and the placement of the land in the Urban Development zone would potentially be beneficial to their aspirations for the land.  The proponent has, however, aired concerns regarding the requirement for a single integrated structure plan for the whole of Special Provision Area 4, as recommended in the Schedule of Modifications, and has requested that consideration be given to amending that provision to enable a separate integrated structure plan to be progressed for Lots 9000, 176 and 201 Rendezvous Road.

 

A key consideration arising is what impact might ‘decoupling’ these lots from inclusion in an overall structure plan in favour of potentially progressing a separate integrated structure plan, ahead of the balance of the Amendment area, have on the orderly and proper planning of Vasse East. Whilst there is not a particularly compelling argument in favour of the request, the following points are provided for consideration –

 

a)       Servicing – the Water Corporation has indicated in its submission that it has long term wastewater (reticulated sewer) conceptual planning in place for the Amendment area. It is, however, too early to draw conclusions as to how sewer (or other infrastructure) would be delivered to the Amendment 36 area as a whole, if the area was planned and developed in an integrated fashion (and the timeframe for that is unknown). It does appear, however, that at present it would be uneconomic to secure these lots in isolation.

 

b)      Road/pedestrian network – a separate integrated structure plan for Lots 9000, 176 and 201 could allow for future road and pedestrian connectivity to the land to the east and the existing Heron Lake/Birchfields subdivisions. Not so critical is road connection to the land to the west (i.e. Lots 224 & 634) and this is discussed further below.

 

c)       Bushfire Planning - it would benefit the adjoining Heron Lake residential subdivision by providing secondary escape access, thus bringing it in line with contemporary bushfire planning standards as it currently an island of development serviced by a cul-de-sac.

 

d)      Location – it could be argued that Lots 9000, 176 and 201 form a discrete cell adjacent to Heron Lake, and the two largest landholdings (being Lots 1445 and 178 – combined size approximately 70ha), along with Lot 501 make up the eastern balance of the Amendment area. Should structure planning for Lots 9000, 176 and 201 progress early, it would not prejudice the structure planning for, or staged development of, Lots 1445 and 178.

 

e)      Lots 634 & 224 – are adjacent to the future ‘Armstrong Village’ within the Vasse Overall Structure Plan (VOSP) area and Heron Lake. The VOSP identifies the land within the ‘Armstrong’ area (i.e. Lot 250 Rendezvous Road and Lots 221 & 461 Northerly Street) as being subject to future detailed design and this could provide for road connection into Lot 634 if required. The small size of Lot 224 (4ha) and its frontage to Rendezvous Road would suggest that it would not necessarily depend on access being provided via adjoining lots. The characteristics of these lots suggests also that they might be suited to specialised land uses such as aged persons accommodation or a school (particularly in light of the identification of ‘Vasse South’ for consideration for urban land uses by the Leeuwin Naturaliste Sub-Regional Strategy). It would not prejudice planning considerations for Vasse East if these lots also formed a separate integrated structure plan area within Vasse East.

 

With respect to the last dot point above, officers are recommending a modification to Amendment 36 to allow for this consideration.

 

While the lots present some constraints, subject to the environmental assessment requirements for Special Provision Area 4 as set out in the Schedule of Modifications. If Lots 9000, 176 and 201 were excluded from Amendment 36 and remained zoned ‘Rural Residential’ there would be the following considerations for structure planning:

·    2,000m2 lots (as proposed by the current structure plan application) can no longer be supported under the existing zoning as has been previously advised by both the City and the DPLH;

·    transitional lot sizes/interface with existing residential subdivision;

·    bushfire safety;

·    on-site effluent disposal;

·    environmental values;

·    lower lot yield; and

·    less impact on the local road network.

 

It should also be noted that irrespective of the above scenarios, Lots 9000, 176 and 201 would remain subject to the provisions of Special Provision Area 4 and structure planning for the land would have to satisfactorily address the environmental and planning requirements set out therein.

 

Having carefully considered the matters raised in the public submissions, modifications to Amendment 36 are being recommended as set out in the Schedule of Modifications at Attachment E.


 

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place. The implementation of the Officer Recommendation will involve adopting the Amendment for final approval and referral to the Western Australian Planning Commission and Minister for Planning for final approval.  In this regard, there are no significant risks identified.

Options

As an alternative to the proposed recommendation the Council could:

 

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

2.    To seek further information before making a decision.

 

Officers can assist with the drafting of a suitable alternative motion if required.

CONCLUSION

As a result of the assessment detailed above, City officers recommend that the Council provides a recommendation to the Western Australian Planning Commission to support draft Amendment 36, in accordance with the Schedule of Modifications (Attachment E).

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The implementation of the Officer Recommendation will involve the referral of draft Amendment 36 to the Western Australian Planning Commission for final approval and this will occur within one month of the resolution.

 


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Attachment a

Location Plan/Aerial Photograph

 


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Attachment b

Scheme Amendment Map

 


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Attachment c

Flora and Vegetation Assessment

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


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Attachment d

Public Open Space Concept Plan

 


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Attachment e

Schedule of Modifications

 


 


 


 


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Attachment f

Local Planning Strategy

 

 

 



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Attachment g

Schedule of Submissions

 


 


 


 


 


 


 


 


 


 


 


Council                                                                                      76                                                         25 September 2019

13.2           AMENDMENT NO. 38 TO LOCAL PLANNING SCHEME NO. 21 – INTRODUCTION OF ADDITIONAL USE (A82) TO LOT 61 (No. 400) METRICUP ROAD, METRICUP INCLUDING ASSOCIATED STRUCTURE PLAN (INCORPORATING LOT 60 (No. 310) METRICUP ROAD, METRICUP)

STRATEGIC GOAL

STRATEGIC OBJECTIVE

3. ENVIRONMENT Valued, conserved and enjoyed

3.1 Development is managed sustainably and our environment valued.

SUBJECT INDEX

Local Planning Scheme 21 Amendments

BUSINESS UNIT

Statutory Planning

REPORTING OFFICER

Planning Officer - Joanna Wilkinson

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

Legislative: to adopt legislative documents e.g. local laws, local planning schemes, local planning policies

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Attachment A Location Plan

Attachment b    Attachment B Aerial Photograph

Attachment c    Attachment C Scheme Amendment Map

Attachment d   Attachment D Structure Plan Map

Attachment e    Attachment E Existing Development Guide Plan

Attachment f    Attachment F Vegetation Types, Complexes and Condition Map

Attachment g   Attachment G Schedule of Submissions

Attachment h   Attachment H Schedule of Modifications  

 

COUNCIL DECISION AND OFFICER RECOMMENDATION

C1909/187              Moved Councillor C Tarbotton, seconded Councillor K Hick

 

That the Council:

 

1.    In pursuance of the Planning and Development (Local Planning Schemes) Regulations 2015, adopts Amendment No. 38 to the City of Busselton Local Planning Scheme No. 21 for final approval, in accordance with the modifications proposed in the ‘Schedule of Modifications’ shown at Attachment H, for the purposes of:

 

a)         Introduction of Additional Use (A82) to a portion of Lot 61 (No. 400) Metricup Road, Metricup; and

 

b)        Amending the Scheme Map accordingly.

 

2.    Advises the Western Australian Planning Commission that Amendment No. 38 is considered a ‘standard’ amendment pursuant to the Planning and Development (Local Planning Schemes) 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.

 

3.    Adopts the draft ‘Structure Plan’ for Lot 61 (No. 400) and Lot 60 (No. 310) Metricup Road, Metricup, depicted at Attachment D for final approval, in accordance with the modifications proposed in the ‘Schedule of Modifications’ shown at Attachment H, pursuant to Part 4 of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015

 

4.    Pursuant to r.53 of the Planning and Development (Local Planning Schemes) Regulations 2015, endorses the Schedule of Submissions at Attachment G, which has been prepared in response to the public consultation process undertaken in relation to Amendment No. 38 and the associated ‘Structure Plan’.

 

5.    Upon preparation of the necessary documentation, refers the adopted Amendment No. 38 and the associated ‘Structure Plan’ to the Western Australian Planning Commission for consideration and determination in accordance with the Planning and Development Act 2005.

 

6.    Pursuant to r.56 of the Planning and Development (Local Planning Schemes) Regulations 2015, should directions be given that modifications to Amendment No. 38 and/or the associated ‘Structure Plan’ are required, direct these modifications to be undertaken accordingly, on behalf of the Council, unless they are considered by officers likely to significantly affect the purpose and intent of the Amendment, in which case the matter shall be formally referred back to the Council for assessment and determination.

CARRIED 8/0

En Bloc

EXECUTIVE SUMMARY

The Council is requested to consider adopting for final approval Amendment No. 38 (the Amendment) to Local Planning Scheme 21 (the Scheme). The Amendment would facilitate the introduction of an Additional Use (A82) to Lot 61 (No. 400) Metricup Road, Metricup.

 

The Amendment includes an associated draft ‘Structure Plan’ for Lot 61 (No. 400) Metricup Road, which will supersede the existing ‘Development Guide Plan’ over the site and adjoining property to the east, Lot 60 (No. 310) Metricup Road, Metricup.

 

The purpose of this report is to recommend to the Council that the subject proposals be adopted for final approval (in accordance with recommended modifications) and forwarded to the Western Australian Planning Commission (WAPC).

 

BACKGROUND

The subject land (Lot 61) is 32.16 hectares in area and is located at the intersection of Metricup and Carter Roads in Metricup. The site originally formed part of a larger parcel of land that included Lot 60, and was created in 2013 under subdivision incentives provided in the City of Busselton ‘Biodiversity Incentive Strategy’. Prior to the approval of the subdivision, Amendment 167 to Town Planning Scheme No. 20 was approved by Council at its meeting of 13 June 2012 and gazetted on 6 November 2012. Amendment 167 resulted in rezoning of the land from ‘Agriculture’ to ‘Bushland Protection,’ and subsequent subdivision resulted in the protection and management of a large portion of remnant vegetation, via conservation covenant, to protect a range of biodiversity values on the two sites.  A location plan and aerial photograph of the subject site and Lot 60 are provided at Attachments A and B, respectively.

 

Approximately 19 hectares of the subject land is protected by conservation covenant. The remaining 13 hectares is maintained primarily in a parkland cleared state with pockets of remnant and riparian vegetation. A creek line flows through the lot from the north-western boundary into an excavated dam. Existing development consists of a rural outbuilding and water tank that is located adjoining and with constructed access to Metricup Road.

 

The Amendment proposes to introduce Additional Use (A82) to allow for commercial, tourism based development on the non-vegetated portions of the site. The Amendment contemplates the following land uses, which are currently prohibited in the zone, to be discretionary (“D”) land uses on the site:

 

·    Winery

·    Brewery

·    Café/Restaurant

·    Produce Sales

·    Chalet

 

The Scheme Amendment map is provided at Attachment C.  The above mentioned land uses would have been discretionary (“D”) or discretionary pursuant to advertising (“A”) land uses under the previous ‘Agriculture’ zoning of the property, however they are prohibited (“X”) land uses in the ‘Bushland Protection’ zone.

 

The Amendment has been prepared together with an associated draft ‘Structure Plan’. A copy of the ‘Structure Plan’ is provided at Attachment D. The draft ‘Structure Plan’ will supersede the ‘Development Guide Plan’ currently in place for the subject site and adjoining Lot 60, which was adopted by Council in conjunction with Amendment 167. A copy of the existing ‘Development Guide Plan’ is provided at Attachment E. The draft ‘Structure Plan’ is largely consistent with the ‘Development Guide Plan’, except that the building envelope will be removed and a Building Exclusion Area will be introduced to Lot 61.

 

OFFICER COMMENT

The main issues considered relevant for detailed discussion in this report are the recommended addition of a portion of land to the existing conservation covenant area, and the permissibility and scale of Additional Uses.  Each of these issues is addressed below.

 

Recommended Increase to Conservation Covenant Area

The objective of rezoning the subject site to ‘Bushland Protection’ was to ensure that the biodiversity values on the site were established and protected. The approved subdivision of the parent lot resulted in the creation of Lots 60 and 61 and provided for approximately 19 hectares of Lot 61 being preserved by conservation covenant, thereby dedicating this portion of the land to establishing and protecting the existing biodiversity values.

 

A Vegetation Type, Complex and Condition Map is provided at Attachment F, showing an area of remnant and riparian vegetation that is not currently protected by the conservation covenant. Due to the fact that the Vegetation Type, Complex and Condition Map was prepared in 2010, a recent aerial view (January 2019) of the unprotected vegetation is included as Inset A on Attachment F. This unprotected vegetation is located within the Additional Use area and is approximately 3 hectares in area.  The Vegetation Assessment and Condition Report attached to the Amendment Report describes this vegetation as being in Good condition, and the Department of Biodiversity, Conservation and Attractions (DBCA) has commented that it is likely to have similar floristic and threatened fauna habitat value as the existing conservation covenant area. It is connected to the existing conservation covenant area and the nearby Yelverton National Park via road reserve vegetation.

 

Comments received from DBCA (the covenanting agency) recommend that this 3-hectare portion of vegetation would be suitable to be included in the existing conservation covenant area to protect biodiversity values.  It is considered that such an inclusion of the non-covenanted area is consistent with the Scheme objectives of the zone, as well as the provisions of clause 4.40.  It is also consistent with the provisions of the ‘Local Environmental Planning Strategy’, including the following relevant Biodiversity objectives:

 

1.    Maintain and enhance the quality and quantity of remnant vegetation throughout the [City].

2.    Ensure that protection and enhancement of biodiversity assets in the [City] is considered early in the planning process.

 

Furthermore this recommendation is consistent with the ‘Local Rural Planning Strategy’ precinct 4 environment objective:

 

To protect and encourage re-establishment of environmental corridors and buffers particularly in proximity to the Yelverton National Park and linking conservation reserves with the Park.

 

An extension of the covenanted area would contribute to the biodiversity values of the site as well as the broader locality, including the Yelverton National Park. As such, the inclusion of the non-covenanted area into the existing conservation covenant area is supported, and it is recommended that the ‘Structure Plan’ be modified accordingly.

 

Additional Uses

The land uses (Additional Uses) contemplated are prohibited (“X”) uses within the Bushland Protection zone, however it is noted that the uses ‘Winery’, ‘Restaurant/Café’, ‘Produce Sales’ and ‘Chalet’ would have been discretionary (“D”) uses under the previous ‘Agriculture’ zoning (now referred to as ‘Rural’ zoning following Amendment 29, gazetted 7 June 2019), and the land use ‘Brewery’ would have been a discretionary use requiring advertising (“A”).

 

The proposed Additional Uses are considered to be consistent with and complementary to the surrounding locality; adjoining lots to the north-west, south and east are primarily zoned ‘Rural’ and a range of similar land uses occur within the locality, including land uses such as ‘Tourist Accommodation’, ‘Winery’ and ‘Brewery’.

 

Such development would be positioned within a clearly defined development area on the lot, outside of the conservation covenant area, and outside of a defined Building Exclusion Area. As development within these defined areas will result in little to no clearing, it is anticipated that the biodiversity values of the site will not be adversely affected by the proposed land uses.

 

It is noted that clause 4.33.5 of the Scheme requires that all development must be located within an approved building envelope not greater than 1,500m².  In this instance it is considered that the Building Exclusion Area will ensure that the location of any future development is suitably sited, and also allow for greater flexibility in location and design, without having to modify the building envelope at any subsequent development application stage.

 

However in order to ensure that development does not occur at a scale that is inconsistent with the objectives of the zone or the rural amenity of the surrounding locality, it is recommended in the Schedule of Modifications shown at Attachment H that the Additional Uses be limited to an aggregate Net Lettable Area of 1,500m².  Without such a control, quite significant development could conceivably occur, and could be at a scale which would create risks to the biodiversity values of the site.

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 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 (the Regulations), 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 site is zoned ‘Bushland Protection’, and is not currently subject to any Special Control Area designation, or any Additional Use or Special Provision.

 

Amendment No. 38 was initiated by the Council prior to the gazettal of Scheme Amendment No. 29, which modified the title of the ‘Agriculture’ zone to ‘Rural’, and revised the ‘Bushland Protection’ zone objectives. Amendment No. 29 also introduced additional clauses to Part 4 of the Scheme which have resulted in a change in numerical value to some clauses relevant to this proposal. As such, the Schedule of Modifications recommend appropriate modifications to the Amendment Report and ‘Structure Plan Report’.

 

Special provisions relating to the Bushland Protection zone are provided for in Clause 4.40. Clause 4.40.5 provides an exemption to the Zoning Table:

 

4.40.5    Agriculture – Extensive, Agriculture – Intensive or Rural Pursuit/Hobby Farm may be undertaken on cleared areas of a lot in the Bushland Protection zone only with development approval which, in the determination of the application, the local government shall ensure –

 

a)    there is no adverse or potential impact on watercourses, wetlands, river or estuary systems or groundwater; and

 

b)    adequate buffers are provided between the agricultural use and vegetated areas, wetlands and watercourses. Where Declared Rare Flora is present, advice from the Department of Parks and Wildlife shall be sought in determining an adequate buffer distance.

 

It is noted that as well as the Additional Uses proposed, the Amendment Report discusses development of the lot for Agriculture – Intensive (vineyard). This is an “X” use in the Bushland Protection zone under Table 1 – Zoning Table of the Scheme, however clause 4.40.5 above provides an exemption to the Zoning Table.  In order to reinforce the provisions of clause 4.40.5, it is recommended in the Schedule of Modifications that the ‘Building Exclusion Zone’ be renamed as the ‘Development Exclusion Zone’.

 

In all other regards the proposal is considered to be consistent with the relevant provisions relating to the zoning of the subject land under the Scheme.

Relevant Plans and Policies

The key policies relevant to the proposal are:

 

i.      State Planning Policy 3.7: Planning in Bushfire Prone Areas and accompanying Guidelines;

ii.     State Planning Policy 6.1: Leeuwin-Naturaliste Ridge Policy;

iii.    Leeuwin-Naturaliste Sub-Regional Strategy;

iv.   Draft City of Busselton Local Planning Strategy;

v.    Local Environmental Planning Strategy; and

vi.   Local Rural Planning Strategy.

 

Each is addressed below under appropriate subheadings.

 

State Planning Policy 3.7: Planning in Bushfire Prone Areas (SPP 3.7) and associated Guidelines

The intent of SPP 3.7 is to implement effective, risk-based land use planning and development to preserve life and reduce the impact of bushfire on property and infrastructure.  SPP 3.7 directs how land use should address bushfire risk management, and applies to all land which has been designated as bushfire prone by the Office of Bushfire Risk Management.  The accompanying ‘Guidelines for Planning in Bushfire Prone Areas’ provide supporting information to assist in the interpretation of the objectives and policy measures contained within 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 majority of the subject site is designated bushfire prone, and a Bushfire Management Plan (BMP) has been submitted as part of the proposed Amendment.  The BMP finds that the subject land is suitable for the proposed Amendment consistent with SPP 3.7 and the accompanying Guidelines.

 

State Planning Policy 6.1: Leeuwin-Naturaliste Ridge Policy (SPP 6.1)

SPP 6.1 seeks to achieve creative, vital and sustainable communities that achieve a balance between economic development and the unique landscape and environmental values of the Leeuwin-Naturaliste Ridge policy area.

 

Under the provisions of SPP 6.1, the subject site is identified as ‘General Character’ and ‘Travel Route Corridor within Rural Landscape Significance’; and has a designated land use of ‘Principal Agriculture (Viticulture and Grazing)’.  The policies relevant to the ‘General Character’ and ‘Travel Route Corridor within Rural Landscape Significance’ include:

 

PS 3.7 In areas of General Character, as identified in Figure 3, development or change of use should protect the rural character and conform with policies and guidelines for Travel Route Corridors.

 

The visual impact of development is therefore relevant to subsequent proposals. It is noted that ‘Local Planning Policy 3F Reflective Building Materials’ is in place to assess the visual impact of development in the Travel Route Corridor.

 

 

 

 

 

The policies relevant to the ‘Principal Agriculture (Viticulture and Grazing)’ land use area include:

 

LUS 4.1 In areas designated as Principal Agriculture (Viticulture and Grazing), the predominant use of land will be agriculture. Other uses, including uses of interspersed lands with lesser agricultural potential, will be compatible with and not jeopardise, agricultural use of adjoining Prime Agricultural Land.

 

LUS 4.2 Agriculture (including viticulture) is to remain the predominant economic land use, within the constraints of protecting remnant vegetation and landscape values.

 

Given that the site was previously subdivided under the provisions of the City’s ‘Biodiversity Incentive Strategy’, with 19 hectares protected by conservation covenant, it is recognised that the remaining 13 hectare portion, which is subject to this Amendment proposal, is not large enough to be considered viable for agricultural or viticultural purposes.  The addition of the proposed uses are generally seen to be complementary to, and will not jeopardise, the agricultural use of surrounding ‘Principal Agriculture (Viticulture and Grazing)’ land.

 

Furthermore, the proposal is consistent with SPP 6.1 policy topic 4.2 ‘Nature Conservation’. The relevant statement of intent includes:

 

The nature conservation values will be conserved through—

·    fostering strategic environmental corridors and preserving biological diversity;

·    protecting and maintaining remnant vegetation.

 

The Building Exclusion Area proposed as part of the draft ‘Structure Plan’ will ensure that any development on the site will not have an adverse effect on the existing biodiversity values of the site, and further seeks to protect any remnant vegetation that is not included in the existing bushland protected by conservation covenant.

 

Leeuwin-Naturaliste Sub-Regional Strategy (LNSRS)

The relevant purposes of the LNSRS are to manage and plan for growth in the sub-region, to respond to environmental landform change, and to guide planning for the development of rural land uses.  The subject site is designated as ‘Rural and Landscape Protection’, and the WAPC strategic directions relevant to the site include:

 

                15. Balance bushfire risk, biodiversity conservation and economic growth.

 

17. Support identification in planning instruments or regional ecological corridors for biodiversity and wildlife, to connect environmental assets.

 

20. Balance the protection of high value rural landscapes with the need for agricultural land uses to adapt and evolve.

 

The Amendment and draft ‘Structure Plan’ achieve a balance between bushfire risk, biodiversity conservation and localised economic growth.  Ecological corridors linking the site with the Yelverton National Park to the north will be retained, and the density and scale of the proposed development aims to protect the landscape value while adapting to land uses that are considered to be suitable for the primarily rural locality.

 

Draft Local Planning Strategy (LPS)

The Draft LPS sets out the long term planning direction for the City and provides a strategic rationale for decisions relating to planning and development of the district. The Draft LPS provides that the subject site is located in a ‘Rural Area.’  Draft LPS strategies relevant to the site include:

 

7.2 g) Continue to support low-key, small-scale tourism accommodation in rural areas, but do not permit any further strata title subdivision of tourism accommodation or unrestricted length of stay component outside of the Busselton-Vasse Urban Area and the Dunsborough Urban Area.

9.2 h) Ensure that management of bush fire risk is a central consideration in planning and development decisions.

 

The Amendment and draft ‘Structure Plan’ are considered to be broadly consistent with the strategies identified in the draft LPS.  The proposed tourist accommodation is small-scale and does not seek any further subdivision; and the bushfire risk has been considered as a central component of the draft ‘Structure Plan Map’.

 

Local Environmental Planning Strategy (LEPS)

The LEPS aims, within the planning framework, to identify and protect areas of environmental and cultural significance, resulting in land use and development that is environmentally sensitive.  The Biodiversity objectives relevant to this proposal include:

 

3.    Maintain and enhance the quality and quantity of remnant vegetation throughout the [City].

 

4.    Ensure that protection and enhancement of biodiversity assets in the [City] is considered early in the planning process.

 

The key Biodiversity recommendations relevant to this proposal include:

 

BD1 Protect and enhance biodiversity values as part of the town planning scheme amendment, development guide plan, subdivision and development application processes by:

 

ii. requiring applicants to assess biodiversity values and potential development impacts (including impacts arising from development of services and infrastructure) as part of town planning scheme amendment, development guide plan, subdivision and development application processes.

 

BD5 Minimise development being located so that it will result in the need for clearing or thinning of vegetation to establish bush fire hazard and building protection zones.

 

The Amendment and draft ‘Structure Plan’ are considered to be broadly consistent with the objectives and recommendations identified in the LEPS. The identification of a Building Exclusion Area on the ‘Structure Plan Map’ ensures that the remnant vegetation on the site will be maintained with little or no requirement to clear vegetation to establish a bush fire hazard or building protection zone.

 

Local Rural Planning Strategy (LRPS)

The LRPS identifies eight rural precincts for the purposes of the strategy, and sets out objectives and desirable, conditional or undesirable land use allocations for each precinct. The subject site is located within ‘Precinct 4 – Western Rural’.  The precinct comprises a mix of rural/agricultural type land uses and tourist-based land uses. The precinct has high levels of environmental values and includes significant remnant vegetation throughout. It is considered that the proposed Amendment is consistent with the vision and objectives of the precinct and it is noted that ‘Winery’ and ‘Rural Enterprise’ are considered desirable land use allocations, while ‘Chalet’ development is considered conditional provided it is consistent with the ‘Rural Tourist Accommodation Policy’ (LPP 5B).

 

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

The Amendment and ‘Structure Plan’ were advertised for 42 days ending 14 August 2019. Whilst no public submissions were received, three government agency responses were submitted. A Schedule of Submissions is provided at Attachment G.

 

The most substantive matters were raised by DBCA and were in relation to the inclusion of 3 hectares of remnant vegetation on the site, not protected by conservation covenant, to be included in the existing conservation covenant area.  DBCA also recommend that a Weed and Pest Management Plan is prepared for the unprotected 3 hectares of remnant vegetation. The officer assessment supports the inclusion of these modifications and they are therefore provided for within the recommended Schedule of Modifications at Attachment H.

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place.

 

No risks of a medium or greater level have been identified.

Options

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

 

1.         Resolve to not adopt the Amendment and ‘Structure Plan’ for final approval (and provide a reason for such a decision). It should be noted that under the relevant legislation there is no right of appeal against a Council decision not to adopt an amendment for final approval.

 

2.         To seek further information before making a decision.

 

The assessment has not revealed any substantive issue or reasonable grounds that would support any of the above options.

CONCLUSION

The Amendment and draft ‘Structure Plan’ provide for the development of land generally in accordance with the objectives of the ‘Bushland Protection’ zone in the Scheme.

As a result of the assessment detailed above, City officers recommend that the Council provides a recommendation to the Western Australian Planning Commission to support the proposed Amendment and ‘Structure Plan’ subject to the modifications detailed in the Schedule of Modifications provided at Attachment H.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The implementation of the Officer Recommendation will involve the referral of Amendment No. 38 and the ‘Structure Plan’ to the Western Australian Planning Commission for final approval and this will occur within one month of the resolution.


Council

77

25 September 2019

13.2

Attachment a

Attachment A Location Plan

 


Council

78

25 September 2019

13.2

Attachment b

Attachment B Aerial Photograph

 


Council

79

25 September 2019

13.2

Attachment c

Attachment C Scheme Amendment Map

 


Council

80

25 September 2019

13.2

Attachment d

Attachment D Structure Plan Map

 


Council

81

25 September 2019

13.2

Attachment e

Attachment E Existing Development Guide Plan

 


Council

82

25 September 2019

13.2

Attachment f

Attachment F Vegetation Types, Complexes and Condition Map

 


Council

87

25 September 2019

13.2

Attachment g

Attachment G Schedule of Submissions

 


 


 


 


 


Council

90

25 September 2019

13.2

Attachment h

Attachment H Schedule of Modifications

 


 


 


Council                                                                                      95                                                         25 September 2019

17.             CHIEF EXECUTIVE OFFICER’S REPORT

17.1           COUNCILLORS' INFORMATION BULLETIN

STRATEGIC GOAL

STRATEGIC OBJECTIVE

6. LEADERSHIP Visionary, collaborative, accountable

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

SUBJECT INDEX

Councillor's Information Bulletin

BUSINESS UNIT

Executive Services

REPORTING OFFICER

Reporting Officers - Various

AUTHORISING OFFICER

Chief Executive Officer - Mike Archer

NATURE OF DECISION

Noting: the item does not require a decision of Council and is simply for information purposes and noting

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Nil

 

COUNCIL DECISION AND OFFICER RECOMMENDATION

C1909/188              Moved Councillor C Tarbotton, seconded Councillor K Hick

 

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

·    17.1.1              Current Active Tenders

·   17.1.2              Donations, Contributions and Subsidies Fund – August 2019

·   17.1.3              Recent Correspondence

 

CARRIED 8/0

En Bloc

EXECUTIVE SUMMARY

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    Current Active Tenders

 

PQS01/19 PLANT AND EQUIPMENT HIRE – REQUEST FOR APPLICATIONS TO JOIN A PANEL OF PRE-QUALIFIED SUPPLIERS

·    The PQS was advertised on 9 February 2019 until 7 March 2019, then further extended until 14 March 2019.  A further State wide advertisement providing notification of the extension was provided by the City on 9 March 2019.

·    Thirty submissions were received.

·    In accordance with delegation LG3M the CEO has authority to establish the panel and to decide which applications to accept.

·    A panel of pre-qualified suppliers was approved by the CEO and panel contracts awarded in August 2019.

 

RFT06/19 DESIGN, SUPPLY AND INSTALLATION OF BIRD NETTING OVER STORM WATER RENTENTION BASIN

·    The RFT was advertised on 22 May 2019 with a closing date of 12 June 2019. 

·    Four submissions were received.

·    A contract was awarded by the CEO under delegated authority to Advanced Netting Pty Ltd in August 2019.

 

RFT07/19 ARBORICULTURE SERVICES

·    The RFT was advertised on 15 June 2019 with a closing date of 5 July 2019. 

·    Five submissions were received.

·    At the Council meeting on 31 July 2019 Council endorsed the recommendation that Finebrand Pty Ltd ATF The Guy Badger Family Trust T/A Arbor Guy was the most advantageous tender submission for the City.  Council delegated power and authority to the CEO to:

-      negotiate and agree with the Preferred Tenderers variations in accordance with Regulations 20 and 21A of the Local Government (Functions and General) Regulations 1996 subject to such variations not to exceed the overall project budget;          

-      negotiate and agree with the Preferred Tenderer the final terms and conditions of the contract (including rates/contract prices); and

-      enter into contracts with the Preferred Tenderer for supply of the relevant goods and services.

·    A contract was awarded by the CEO under delegated authority to Finebrand Pty Ltd ATF The Guy Badger Family Trust T/A Arbor Guy in August 2019.

 

RFT09/19 BUSSELTON JETTY TOURIST PARK MANAGEMENT CONTRACT

·    The RFT was advertised on 22 June 2019 with a closing date of 12 July 2019. 

·    The closing date was extended to 19 July 2019.

·    Three submissions were received.

·    At the Council meeting on 27 August 2019 Council endorsed the recommendation that the partnership of WJ & J MGregor was the most advantageous tender submission for the City.  Council delegated power and authority to the CEO to:

-      negotiate and agree with the Preferred Tenderers variations in accordance with Regulations 20 and 21A of the Local Government (Functions and General) Regulations 1996 subject to such variations not to exceed the overall project budget;          

-      negotiate and agree with the Preferred Tenderer the final terms and conditions of the contract (including rates/contract prices); and

-      enter into contracts with the Preferred Tenderer for supply of the relevant goods and services.

·    It is anticipated that a contract will awarded by the CEO under delegated authority in September 2019.

 

RFT10/19 SUPPLY AND INSTALLATION OF REUSABLE DAILY COVER SYSTEM FOR LANDFILL

·    The RFT was advertised on 6 July 2019 with a closing date of 30 July 2019. 

·    Two submissions were received.

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

 

 

 

 

RFT11/19 ROAD NETWORK UPGRADE – CITY CENTRE EASTERN LINK STAGES 1 + 2A + 2B

·    The RFT was advertised on 13 July 2019 with a closing date of 13 August 2019, and further extended until 20 August 2019.

·    A report for Council’s consideration is included in this agenda of the 25 September Council Meeting.

 

RFT12/19 CCTV INSTALLATION AND MAINTENANCE PROJECT

·    Requirement – to extend City of Busselton closed circuit television surveillance capacity at the following venues to ensure ongoing community safety, asset protection and crime prevention:
(a)          Busselton Foreshore;

        (b)          Naturaliste Community Centre; and

        (c)           John Edwards Pavilion located in Dunsborough.


The project will involve the installation of CCTV hardware and software at Busselton Foreshore, Naturaliste Community Centre and John Edwards Pavilion and ongoing maintenance and support services for these locations.

·    A Request for Tender was advertised on 24 August 2019 with a closing date of 24 September 2019. 

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

 

RFT13/19 CONTAMINATED SITE REMEDIATION ADVICE

·    The RFT was advertised on 3 August 2019 with a closing date of 27 August 2019. 

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

17.1.2    Donations, Contributions and Subsidies Fund – August 2019

 

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. 

 

13 applications were supported in August 2019, totalling $3,650.00 as outlined in the table below:

 

App. No.

Recipient

Purpose

Amount

01-1920

Nash White

Selected to represent WA as part of the WA Country Team at the Phuket Cup, Thailand. Contribution to assist with travel related expenses

$300.00

02-1920

Joshua Teasdale

Selected to represent WA as part of the WA Country Team at the Singa Cup, Singapore. Contribution to assist with travel related expenses

$300.00

03-1920

Karen Beynon

Selected to represent WA as part of the State Hockey Masters team competing at the Australian Masters Championships being held on the Gold Coast, QLD. Contribution to assist with travel related expenses

$300.00

04-1920

Busselton Senior High School

Contribution towards end of year graduation night awards

$200.00

05-1920

Cornerstone Christian College

Contribution towards prizes for end of year graduation awards night - $100 for Primary school and $200 for Secondary School Awards

$300.00

06-1920

Lions Cancer Institute Special Christmas Children's Day Out

Seeking sponsorship of 10 children from the Busselton district to attend the Special Children's Christmas Big Day out - an event held by the Lions Cancer Institute as a special  outing for children with special needs or are terminally ill. Donation supported on compassionate grounds

$250.00

07-1920

Vasse Primary School for Vasse Art Award

Funds requested as a contribution towards the cost of promoting the annual event

$400.00

08-1920

Isabella Bidesi

Selected to represent WA and compete at the Australian Cross Country Championships held on Wollongong NSW. Contribution to assist with travel related expenses

$300.00

09-1920

Cape Naturaliste College

Contribution towards end of year graduation night awards

$200.00

10-1920

Radiance South West - Big Pram Walk

Funds requested to assist with covering the cost of hiring a PA system and marquee for the ‘Big Pram Walk’ event being held at Signal Park – a free community event raising awareness of peri natal anxiety and depression

$500.00

11-1920

GP Down South

Funds requested to cover the cost of up to 50 free passes for individuals participating in the Walk for Wellbeing along the Busselton Jetty to raise awareness for mental health

$200.00

12-1920

Lisa Hodge

Selected to represent WA as part of the State Hockey Masters team competing at the Australian Masters Championships being held on the Gold Coast, QLD

$300.00

13-1920

Geographe Primary School

Contribution towards end of year graduation assembly awards

$100.00

 

 

August Total

$3,650.00

 

 

 


 

17.1.3    Recent Correspondence 

 

9 September 2019 - Appointment of CEO of St John of God Bunbury Hospital

Jeffrey Williams has recently commenced as CEO of St John of God Bunbury Hospital.

(Mr Williams will be invited to attend a Councillor briefing as a guest speaker in the near future)

 

5 September 2019 – Graffiti Strategy Western Australia 2019-2021

The Minister for Police and Road Safety has announced the release of the Graffiti Vandalism Strategy Western Australia 2019-2021. Further information about the work of the State Graffiti Taskforce can be found at www.goodbyegraffiti.wa.gov.au

 

Copies of the above mentioned correspondence are available to view upon request.   


Council                                                                                      98                                                         25 September 2019

ITEMS TO BE DEALT WITH BY SEPARATE RESOLUTION, WITHOUT DEBATE

13.3           BUSH FIRE ADVISORY COMMITTEE – APPOINTMENT OF DEPUTY CHIEF BUSH FIRE CONTROL OFFICER – BUSH FIRES ACT 1954

STRATEGIC GOAL

STRATEGIC OBJECTIVE

6. LEADERSHIP Visionary, collaborative, accountable

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

SUBJECT INDEX

Emergency Management

BUSINESS UNIT

Environmental Services

REPORTING OFFICER

Community Emergency Services Manager - Blake Moore

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

Advocacy: to advocate on its own behalf or on behalf of its community to another level of government/body/agency

VOTING REQUIREMENT

Absolute Majority

ATTACHMENTS

Nil

 

COUNCIL DECISION AND OFFICER RECOMMENDATION

C1909/189              Moved Councillor R Reekie, seconded Councillor J McCallum

That the Council endorse:

1.         The appointment of Mr Todd Johnson to the position of Deputy Chief Bush Fire Control Officer; and

2.         The appointment is to be issued with a certificate of appoint pursuant to Section 38 (2E) of the Act

 

CARRIED 8/0

By Absolute majority

EXECUTIVE SUMMARY

The purpose of this report is to seek the appointment of Mr Todd Johnson as a Deputy Chief Bush Fire Control Officer pursuant to Section 38 of the Bush Fires Act 1954 (the Act) and in accordance with the recommendation of the Bush Fires Advisory Committee from the meeting of Tuesday 10 September 2019.


BACKGROUND

Due to an aging volunteer base, the City and the Chief Bush Fire Control Officer are working to ensure that there is a sufficient level of experience in positions to manage the operational requirements of the City’s bush fire brigades.

At the meeting of Tuesday 10 September 2019, the Bush Fires Advisory Committee recommended that Council appoint Mr Todd Johnson as a Deputy Chief Bush Fire Control Officer for the City of Busselton, in accordance with Section 38 of the Act.

OFFICER COMMENT

To ensure the City is meeting its obligations under the Act, to regulate the issue of permits, reduce the impact of bushfire and manage the City’s fifteen bush fire brigades, the Bush Fires Advisory Committee is seeking to appoint an additional Deputy Chief Bush Fire Control Officer.

 

Careful consideration has been given to ensure that the selected person will be able to make key decisions whilst under substantial pressure and be able to effectively manage the brigade’s requirements.

 

With the City’s rapidly developing landscape, expanding population and tourist influx an increase in fire incidents across the City has been observed. In order to manage and support these incidences, the Bush Fires Advisory Committee are looking to appoint an additional Deputy Chief Fire Control Officer to mentor, develop and support the ongoing requirements of the City.

 

Formal consultation has been undertaken with City’s Chief Bush Fire Control Officer, Mr Allan Guthrie to identify a suitable person to be appointed as an additional Deputy Chief Bush Fire Control Officer.

 

Mr Todd Johnson is currently a Bush Fire Control Officer and has been identified as the most suitable person to be appointed a Deputy Chief Fire Control Officer.

Statutory Environment

Pursuant to section 38 of the Act, a local government may appoint bush fire control officers, and of those officers shall subject to section 38A (2) appoint two as the Chief Bush Fire Control Officer and the Deputy Chief Bush Fire Control Officer.

 

The Chief Executive Officer has delegated authority to appoint a person to act as a Bush Fire Control Officer pursuant to Section 48 of the Act, however in accordance with condition 3 of that delegation: 

3.      The delegation does not extend to the appointment of Chief or Deputy Chief Bush Fire Control Officers.

 

Therefore, a Council resolution is required to appoint a Deputy Chief Bush Fire Control Officer.

Relevant Plans and Policies

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

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

Consultation with the Bush Fires Advisory Committee is detailed under the Officer Comment section of this report. No further external stakeholder consultation was required or undertaken in relation to this matter.

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place.

No risks of a medium or greater level have been identified.

Options

As an alternative to the proposed recommendation the Council could choose not to appoint Mr Johnson as a Deputy Chief Bush Fire Control Officer. Mr Johnson would then remain a Fire Control Officer and the matter referred back to the Bush Fires Advisory Committee for further discussion.

CONCLUSION

Council to recommend appointing Mr Todd Johnson as a Deputy Chief Bush Fire Control Officer pursuant to Section 38 of the Act for the City of Busselton.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Effective immediately as of publication of Council minutes.

  


Council                                                                                      114                                                      25 September 2019

14.1           AWARD OF TENDER RFT11/19 ROAD NETWORK UPGRADE - CITY CENTRE EASTERN LINK STAGE 1 AND STAGE 2A + 2B

STRATEGIC GOAL

STRATEGIC OBJECTIVE

5. TRANSPORT Smart, connective and accessible

5.2 Road networks that provide for a growing population and the safe movement of all users through the District.

SUBJECT INDEX

Infrastructure Works

BUSINESS UNIT

Engineering and Facilities Services

REPORTING OFFICER

Manager, Engineering and Facilities Services - Daniell Abrahamse

AUTHORISING OFFICER

Director, Engineering and Works Services - Oliver Darby

NATURE OF DECISION

Executive: substantial direction setting, including adopting strategies, plans and policies (excluding local planning policies), tenders, setting and amending budgets, funding, donations and sponsorships, reviewing committee recommendations

VOTING REQUIREMENT

Absolute Majority

ATTACHMENTS

Attachment a   Published Under Separate Cover  Confidential Attachment A Confidential RFT11/19 Tender Recommendation Report, Evaluations and Panel Consensus Score Sheet  

 

Attachment A is confidential under Section 5.23 - 2(c) of the Local Government Act 1995 in that it deals with “a contract entered into or which may be entered into, by the local government”.  Copies have been provided to Councillors, the Chief Executive Officer and Directors Only.

 

DISCLOSURE OF INTEREST

Date

25 September 2019

Meeting

Council

Name/Position

Ross Paine, Councillor

Item No./Subject

14.1

Type of Interest

Impartiality Interest

Nature of Interest

I declare an Impartiality Interest in relation to Agenda Item 14.1 as I have publicly stated on numerous occasions that in my opinion it would be successful in its design goal of bringing more cars into town in a shorter period of time, but that I don’t agree that is a worthwhile goal, and so don’t agree with building it.

As a consequence, there may be a perception that my impartiality on the matter may be affected. However, I accept that Council has determined to construct the Eastern Link and I declare that I will consider the item solely on its merits and vote or act accordingly.

 

 

COUNCIL DECISION AND OFFICER RECOMMENDATION

C1909/190              Moved Councillor P Carter, seconded Councillor C Tarbotton

That the Council:

 

1.      Pursuant to RFT 11/19 Road Network Upgrade – City Centre Eastern Link (RFT11/19) endorse the tender from Leeuwin Civil Pty Ltd for $5,123,493 (exclusive of GST) as the preferred tender for Stage 1 (second north-south road into the Busselton City Centre between Rosemary Drive and Cammilleri Street via a new bridge across Vasse River).

 

2.      Pursuant to RFT11/19 endorse the tender from Leeuwin Civil Pty Ltd for $2,286,283.53 (exclusive of GST) as the preferred tender for Stage 2 Option 1 (southern extension of Stage 1, duplicating Causeway Road from Rosemary Drive to Molloy Street, with a “roundabout” design for the Causeway Road/Strelly Street intersection).

 

3.      In accordance with Regulation 18(5) of the Local Government (Functions and General) Regulations 1996 decline to accept any tender in respect to RFT11/19 Stage 2 Option 2 (“gull-wing” design for the Causeway Road/Strelly Street intersection).

 

4.       In accordance with Regulation 18(5) of the Local Government (Functions and General) Regulations 1996 decline to accept any tender in respect to RFT11/19 Stage 3 (north-eastern extension of the Stage 1 works, including upgrading the Peel Terrace/Brown Street intersection with a new roundabout).

 

5.      In respect to RFT11/19 Stage 1 delegate power and authority to the Chief Executive Officer to:

 

a)     Negotiate and agree with the preferred tenderer variations in accordance with Regulations 20 and 21A of the Local Government (Functions and General) Regulations 1996 subject to such variations not exceeding the overall project budget;         

b)     Negotiate and agree with the preferred tenderer the final terms and conditions of the contract (including rates/contract prices); and

c)      Subject to and conditional upon all environmental approvals having been obtained, enter into a contract with the preferred tenderer for supply of the relevant goods and services.

 

6.       In respect to RFT11/19 Stage 2 Option 1 delegate power and authority to the Chief Executive Officer to:

 

a)     Negotiate and agree with the preferred tenderer variations in accordance with Regulations 20 and 21A of the Local Government (Functions and General) Regulations 1996 subject to such variations not exceeding the overall project budget;

b)     Negotiate and agree with the preferred tenderer the final terms and conditions of the contract (including rates/contract prices); and

c)      Subject to and conditional upon the City of Busselton securing sufficient funding for RFT11/19 Stage 2 Option 1 by 30 June 2020, enter into a contract with the preferred tenderer for supply of the relevant goods and services.

 

CARRIED 8/0

by absolute majority

 

 

EXECUTIVE SUMMARY

The Council is requested to consider the tenders received in response to Request for Tender RFT11/19 Road Network Upgrade – City Centre Eastern Link Stages 1, 2 and 3 (RFT11/19).

 

Tenders closed 20 August 2019 and tender submissions have been evaluated. This report summarises the submissions received and recommends that Council endorse the outcome of the evaluation panel’s assessment and delegate power and authority to the CEO to negotiate and agree final terms and conditions with the preferred tenderer, Leeuwin Civil Pty Ltd and, subject to relevant environmental approvals being obtained, enter into a contract(s) for construction of:

 

·    Stage 1 - second north-south road into the Busselton City Centre between Rosemary Drive and Cammilleri Street via a new bridge across Vasse River; and

 

·    Stage 2 Option 1 - southern extension of the Stage 1 works, duplicating Causeway Road from Rosemary Drive to Molloy Street, with a “roundabout” design for the Causeway Road/Strelly Street intersection, subject to and conditional upon the City securing the necessary funding to undertake the works as part of the 20/21 Financial Years Budget.

 

It is further recommended that:

·    Due to the proposed “gull-wing” design for the Causeway Road/Strelly Street intersection (Stage 2 Option 2) not being as effective as a “roundabout” design, this design no longer being considered to be an option;

 

·    Due to the overall cost of the project and the associated budget constraints, Stage 3 (north-eastern extension of the Stage 1 works, including upgrading the Peel Terrace/Brown Street intersection with a new roundabout), the City does not undertake these works at this stage; and

 

·    Council subsequently decline to accept any tenders in respect to Stage 2 Option 2 and Stage 3.

 

BACKGROUND

Council at their ordinary meeting held on 14 November 2018 resolved as follows (C1811/230):

“That the Council:

1.      Receives the City Centre Road Network Community Survey Report provided by Catalyse Pty Ltd as an informing document.

 

2.      Subject to environmental approval and municipal funding resources being available in the City’s annual budget and Long-term Financial Plan progress with Option 5. This involves:

 

a.      construct City Centre Eastern Link (Stage 1);

b.      upgrade the intersection of Albert and Queen Street from lights to a roundabout;

c.      upgrade the Albert and West Street intersection; and

d.      upgrade the intersection at Strelly Street and Causeway Road.

 

3.      Subject to ongoing municipal funding, continues to progress environmental approval for the future development of Ford Road noting that this will require a new and different application to be lodged with the EPA (as per Ministerial advice 14 August 2018).

 

4.      Continue to lobby Main Roads WA for improved directional signage on Busselton Bypass.”

 

As part of implementing the above-mentioned Council decision, public tenders have been invited for construction of the various stages of the proposed City Centre Eastern Link road network. In addition to the Stage 1 works, tenders were also invited for continuous completion of Stages 2 and 3 of this project. The objective was to inform future budget decisions, to asses and determine whether, through economies of scale, any savings could be achieved and in general whether such a strategy would be most advantageous to the City.

Another consideration for testing the market by inviting tenders for all three stages of this project, is the noticeable increase in traffic congestion in this area over recent times. In particular the right hand turn from Strelly Street onto Causeway Road has been experiencing significant traffic build up during peak times.

Under RFT11/19 suitably qualified and experienced contractors were invited to submit tenders for undertaking the following works:

 

Stage 1 (referred to in RFT11/19 as “Task 1”)

Referred to as City Centre Eastern Link Stage 1 in the City Centre Road Network Community Survey Report – a new north-south entry road into the Busselton City Centre between Rosemary Drive and Cammilleri Street via a new bridge across Vasse River – coloured in yellow in Map 1 below.

 

Stage 2 (referred to in RFT11/19 as “Task 2”)

Referred to as City Centre Eastern Link Stage 2A in the City Centre Road Network Community Survey Report - southern extension of Stage 1, duplicating Causeway Road from Rosemary Drive to Molloy Street, with either a “roundabout” design (Option 1) or a “gull wing” design (Option 2) for the Causeway Road/Strelly Street intersection – coloured in red in Map 1 below.

 

Stage 3 (referred to in RFT11/19 as “Task 3”)

Referred to as City Centre Eastern Link Stage 2B in the City Centre Road Network Community Survey Report  –   north-eastern extension of Stage 1, including upgrading the Peel Terrace/Brown Street intersection with a new roundabout – coloured in green in Map 1 below.

Tenderers were also invited to submit tenders for undertaking and completing all Stages/Options or (any combination thereof) continuously.

The location, alignment and the extent of these works are indicatively shown on the following plan:

 

City Centre Eastern Link – Stage 1 (Yellow), Stage 2 (Red) and Stage 3 (Green)

OFFICER COMMENT

The invitation to tender was advertised in the West Australian, on the City’s TenderLink procurement platform and in the Council for the Community Page, with 20 August 2019 as the tender closing date.

 

The City received tender submissions from the following contractors:

 

Company

Location

APH Contractors Pty Ltd

Picton WA

BCP Contractors Pty Ltd

Yalyalup WA

Civcon Civil Project Management Pty Ltd

Subiaco WA

Densford Civil Pty Ltd

Osborne Park WA

Ertech Pty Ltd

Wangara WA

Leeuwin Civil Pty Ltd

Busselton WA

Monford Group Pty Ltd

Canningvale WA

 

 

 

 

Assessment Process

In accordance with the City’s procurement practices and procedures tender assessments were carried out by a tender evaluation panel comprising City officers with relevant skills and experience.

 

The tender assessment process included:

 

·    Assessing tenders received against relevant compliance criteria. The compliance criteria were not point scored.  Each submission was assessed on a Yes/No basis as to whether each criterion was satisfactorily met. All tenders were deemed compliant.

 

·    Assessing tenders against the following qualitative criteria:

 

Criteria

Weighting

Relevant Experience

10%

Local benefit

5%

Key Personnel Skills and Experience

10%

Respondent’s  Capacity and Resources

10%

Demonstrated Understanding

25%

Price

40%

 

A scoring and weighting system was used to assess the tenders against these qualitative criteria.

 

The extent to which a tender demonstrated greater satisfaction of each of the qualitative criteria resulted in a greater score. The tendered prices were then assessed together with the weighted qualitative criteria and the tenders scored and ranked to determine the most advantageous outcome to the City, based on principles of best value for money.  That is, although price was a consideration, the tender containing the lowest price will not necessarily be accepted, nor will the tender ranked the highest on the qualitative criteria.

 

Summary of Assessment Outcomes

The outcome of the evaluation panel’s assessment was as follows:

·     Stage 1 (new north-south road into the Busselton City Centre between Rosemary Drive and Cammilleri with a new bridge across the Vasse River)

The tender from Leeuwin Civil Pty Ltd achieved the highest score (and ranked first).

 

·     Stage 2 Option 1 (southern extension of Stage 1, duplicating Causeway Road from Rosemary Drive to Molloy Street, with a “roundabout” design for the Causeway Road/Strelly Street intersection)

 

The tender from Leeuwin Civil Pty Ltd achieved the highest score (and ranked first).

 

·     Stage 2 Option 2 (southern extension of Stage 1, duplicating Causeway Road from Rosemary Drive to Molloy Street, with a “gull wing” design for the Causeway Road/Strelly Street intersection)

 

The tender from Leeuwin Civil Pty Ltd achieved the highest score (and ranked first).

 

·     Stage 3 (north-eastern extension of Stage 1, including upgrading the Peel Terrace/Brown Street intersection with a new roundabout)

The tender from Leeuwin Civil Pty Ltd achieved the highest score (and ranked first).

 

·     Combined Stage 1 and Stage 2 (combined road and bridge works)

 

Tenderers were received for undertaking continuously (as a single project) Stage 1 (new north-south road between Rosemary Drive and Cammilleri and a bridge across the Vasse River) and continuous construction of Stage 2 (southern extension of Stage 1, duplicating Causeway Road from Rosemary Drive to Molloy Street, with a “roundabout” design for the Causeway Road/Strelly Street intersection).

 

The tender from Leeuwin Civil Pty Ltd achieved the highest score (and ranked first).

 

·     Combined Stage 1, Stage 2 and Stage 3

 

Tenders were also received for undertaking continuously (as a single project) Stage 1, Stage 2 and Stage 3 (north-eastern extension of Stage 1, including upgrading the Peel Terrace/Brown Street intersection with a new roundabout).

 

The tender from Leeuwin Civil Pty Ltd achieved the highest score (and ranked first).

 

The attached confidential Tender Evaluation and Recommendation Report (Attachment A) contains the evaluation panel’s detailed assessment of the tenders received.  The findings in the Tender Evaluation and Recommendation Report can be summarised as follows:

 

(Note all amounts/figures in this report are exclusive of GST)

 

Stage 1 and Stage 2 Option 1 combined

Weighing up available funding for the project against practical and efficiency considerations, City officers are of view that it would be most advantageous for the City to proceed continuously with Stage 1 and Stage 2 Option 1 of the project. This comprises construction of a new north-south road into the Busselton City Centre between Rosemary Drive and Cammilleri Street (including construction of a new bridge over the Vasse River) and, should sufficient funding be obtained, subsequent construction of the southern extension of Stage 1, duplicating Causeway Road from Rosemary Drive to Molloy Street, with a recommended “roundabout” design for the Causeway Road/Strelly Street intersection.

 

The tender from Leeuwin Civil Pty Ltd achieved the highest score on the qualitative criteria for these combined works, offers the lowest price and therefore was ranked first [$5,123,493 for Stage 1 plus $2,286,283.53 for Stage 2 Option 1 = $7,409,776.67]. A comparison between this tender from Leeuwin Civil Pty Ltd (for the “combined” Stages 1 and 2 works) and all other tenders received in respect to the various different stages, also shows that overall this tender offers the best value for money and, subject to availability of funding for these works, would be most advantageous for the City to accept. The City’s options for funding Stage 1 and Stage 2 Option 1 combined works are discussed in the FINANCIAL IMPLICATIONS section of this report.

 

Combining the Stage 1 and Stage 2 works will also achieve certain practical efficiencies. As part of the project, some of the poplar trees along Causeway Road will have to be relocated. Combining the Stage 1 and Stage 2 works is considered to be the most effective way of ensuring correct location and alignment of these trees and also for allowing transplanting to occur at the optimum time of the year. It should also limit public inconvenience associated with road construction works, as such an approach will condense the construction timeframe for Stages 1 and 2 and as such cause the least interruption and impact on traffic flows into town.

 

For the following reasons it is recommended that the City does not accept any tenders received in respect to the Stages mentioned below:

 

Stage 1

The tender from Leeuwin Civil Pty Ltd achieved the highest score on the qualitative criteria, offers the lowest price and therefore was ranked first. However for the reasons discussed above it is considered that it would be most advantageous for the City to proceed at this stage continuously with Stage 1 and Stage 2 Option 1 of the project. Therefore it is recommended that the City declines to accept any tenders for a “standalone” construction of Stage 1 only.

 

Stage 2 Option 2 – “gull wing” design

Tenderers were invited to submit separate tenders for the construction of a southern extension of Stage 1, duplicating Causeway Road from Rosemary Drive to Molloy Street, with a “gull wing” design (Option 2) for the Causeway Road/Strelly Street intersection, as an alternative to a “roundabout” design (Option 1). The tender from Leeuwin Civil Pty Ltd achieved the highest score on qualitative criteria and was also the best priced for the Option 2 work and therefore ranked first for this part of the project.

 

However based on Austroads Guide to Traffic Management – Part 6: Intersections, Interchanges and Crossings (Austroads 2017) which provides guidance on traffic management aspects of intersection design, City officers formed a view that a “roundabout” design is preferred to “gull wing” (seagull) design. This is based on the fact that roundabouts can be used at a wide range of sites and improve safety by simplifying conflicts, reducing speeds and providing clear indication of priority. As a result City officers have recommended to proceed with Stage 2 Option 1 instead of Stage 2 Option 2, consequently it is recommended that the Council decline to accept any tender for Stage 2 Option 2.

 

Stage 3

Stage 3 comprised the upgrading of Peel Terrace between Cammilleri and Brown Streets, including a new roundabout at the Peel Terrace/Brown Street intersection. All tenders received in respect to Stage 3 exceeded the available budget, including tenders for a combination of Stages 1, 2 and 3. With very limited ability to increase external (grant) funding) and/or to fund these works from the next financial year’s (20/21) budget, City officers recommend that the City at this stage does not proceed with these works and that Council consequently decline to accept any tenders for Stage 3.

 

Environmental approvals

A number of Federal and State environmental approvals are required for the project. The current status of the environmental approvals required for the Officer Recommendation (Stage 1 and Stage 2 Option 2) is as follows:

 

Federal Government Approvals

•     Causeway Road – approval received 4 April 2019.

•     City Centre Eastern Link – approval received 7 July 2019.

 

State Government Approvals

•     Causeway Road - clearing permit – approved, awaiting final advice.

•     City Centre Eastern Link – clearing permit – approval pending – currently subject to appeal period that ended 7 June 2019.

•     Department of Water and Environment Regulation approval for dewatering - licence to take water received 3 May 2019.


 

Statutory Environment

In terms of Section 3.57 of the Local Government Act 1995 (the Act), a local government is required to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply goods and services. Part 4 of the Local Government (Functions and General) Regulations 1996:

·    requires that tenders be publicly invited for such contracts where the estimated cost of providing the required goods and/or service exceeds $150,000; and

·    under Regulations 11, 14, 18, 20 and 21A provides the statutory framework for inviting and assessing tenders and awarding contracts pursuant to this process.

With regard to RFT11/19 City officers have complied with abovementioned legislative requirements.

The officer recommendation supports the general function of a local government under the Local Government Act 1995 to provide for the good government of persons in its district.

Relevant Plans And Policies

The City's purchasing policies, regional price preference, occupational health and safety, asset management, engineering technical standards and specifications were all relevant to RFT11/19, and have been adhered to in the process of requesting and evaluating tenders.

Financial Implications

Funding within the City’s 2019-2020 budget for the project is from a combination of sources including Busselton Traffic Study Reserve; and grant funding from both State Government under the Regional Road Group funding and Federal Government under the Bridge Renewal Program.

 

The project cost to deliver individual and combinations of the separable portions of RFT11/19 can be summarised as follows:-

 

Stage 1

 

Stage

Description

Tender Price

Budget

Variance

Stage 1 A+B

 

City Centre Eastern Link Stage 1 – a second north-south entry point into the Busselton City Centre via a new link road and a new bridge across Vasse River

$5,123,493.14

 

$4,332,592

-$790,901.14

 

 

The current budget break down for Stage 1A+B is listed below:-

 

Cost Code

Description

 Budget

S0051

Causeway Road – Carry - Over

$656,680

S0051

Causeway Road – RRG – City of Busselton - funding

$250,000

S0064

Peel Terrace (Stanley Pl/ Cammilleri Street Intersection Upgrade

$425,912

V0002

Eastern Link – Busselton Traffic Study

$2,500,000

V0003

Roundabout to Eastern Link Bridge

$300,000

V0004

Eastern Link Shared Path & Environmental Offsets

$200,000

TOTAL

$4,332,592

 

 

 

 

City officers proposes that the variance of -$790,901.14 could be funded as follows:-

 

Description

 Budget

Department of Infrastructure, Transport and Regional Development – Bridge Renewal Grant - Additional Funding Grant Funding (note 1)

$500,000

Transfer additional funding from the Major Traffic Improvements Reserve (note 2)

$250,000

Funding from the Roads Asset Reserve (note 2)

$40,901.14

TOTAL

$790,901.14

 

Notes:

 

1.      City officers have been in contact with Department of Infrastructure, Transport and Regional Development and have verbally been advised that the funding pool for Bridge Renewal Program for Western Australia has sufficient funding available to consider a request of an additional $500,000. This will be subject to approval and the City co-funding an additional $500,000. This co-funding can be achieved in terms of expenditure retrospectively incurred for relocation of services, environmental approvals and design cost involved to deliver the bridge.

 

2.      City officers are also proposing that the amounts shown above, be drawn from both the Major Traffic Improvements and Road Assets Reserves. These amounts are currently available in these reserves.

 

Stage 2 – Option 1 or Option 2

 

Stage

Description

Tender Price

Budget (LTFP)

Variance

Stage 2 – Option 1

 

Southern extension of Stage 1, duplicating Causeway Road from Rosemary Drive to Molloy Street, with a “roundabout” design for the Causeway Road/Strelly Street intersection.

$2,286,283.53

$2,200,000.00

-$86,283.53

Stage 2 – Option 2

 

Southern extension of Stage 1, duplicating Causeway Road from Rosemary Drive to Molloy Street, with a “gull wing” design for the Causeway Road/Strelly Street intersection

$2,135,258.82

$2,200,000.00

+$64,741.18

 

This separable stage is currently unfunded and only listed in the 20/21 FY – of the City of Busselton’s Long Term Financial Plan, a breakdown of this is listed below:-

 

No

Description

Estimated Budget

1

Dual lane roundabout at Causeway Road and Strelly Street (note 3)

$1,000,000

2

Duplication of Causeway Road from Rosemary Street to Molloy Street (note 3)

$1,000,000

3

Relocation of services adjacent to the new Strelly Street / Causeway Road roundabout and new dual lanes

$200,000

4

Environmental offsets – Landscaping and Drainage Works

to be determined

TOTAL

$2,200,000

 

 

Note 3:    Items 1 and 2 above are listed with a projected income of $1 million from MRWA – Regional Road Group (RRG). The City has received $500,000 from the RRG in this current FY for the Duplication of the Causeway Road – Cost Code S0051. City officers have also submitted another grant application to RRG for an additional $500,000 for the continuation of the duplication of the Causeway Road for 2020/21 FY. If this grant funding application is successful there will be $1 million grant funding available to implement Stage 2 – Option 1 - Roundabout at Causeway Road and Strelly Street. The balance of $1,286,283.53 for Stage 2 would be funded from the proceeds generated in the 2020/21 municipal transfer to Major Traffic Improvements Reserve.

 

City officers propose that the variance of -$86,283.53 for Stage 2 – Option 1 could be funded as follows:-

 

Description

 Budget

Funding from the Roads Asset Reserve (note 4)

$86,283.53

TOTAL

$86,283.53

 

Note 4:    City officers propose that the amount shown above be drawn from the Road Assets Reserves. The budget amount is currently available in the reserve.

 

Stage 3

 

Stage

Description

Tender Price

Budget

Variance

Stage 3

 

City Centre Eastern Link Stage 3 – north-eastern extension of Stage 1, including upgrading the Peel Terrace/Brown Street intersection with a new roundabout.

$372,180.52

$245,849.00

-$126,331.52

 

As a result of the tender prices received being in excess of the available budget for this separable Stage, City officers recommend that Stage 3 is not awarded. This stage could be undertaken by the City, or the funding may be redistributed to fund a shortfall on either of the separable portions.

 

Stage 1 and Stage 2 (combined)

 

Stage

Description

Tender Price

Budget

Variance

Stage 1A+B and Stage 2 – Option 1

 

City Centre Eastern Link Stage 1 – a second north-south entry point into the Busselton City Centre via a new link road and a new bridge across Vasse River.

Southern extension of Stage 1, duplicating Causeway Road from Rosemary Drive to Molloy Street, with a “roundabout” design for the Causeway Road/Strelly Street intersection.

$7,409,776.67

$6,532,592.00

-$877,184.67

 

This option is considered to be most advantageous to the City. However it must be noted that the City will only be able to proceed with Stage 2 once sufficient funding has been secure as part of the 20/21 Financial Year Budget. Subsequently any contract in respect to these works should be subject to these funding requirement being satisfied. The works for this separable portion could potentially commence in September 2020 and be completed by mid-December 2020.

 

Stage 1 + Stage 2 + Stage 3 combined

 

Stage

Description

Tender Price

Budget

Variance

Stage 1A+B, Stage 2 – Option 1 and Stage 3

 

City Centre Eastern Link Stage 1 – a second north-south entry point into the Busselton City Centre via a new link road and a new bridge across Vasse River. +

Stage 2 – Option 1 - Southern extension of Stage 1, duplicating Causeway Road from Rosemary Drive to Molloy Street, with a “roundabout” design for the Causeway Road/Strelly Street intersection. + City Centre Eastern Link Stage 3 – north-eastern extension of Stage 1, including upgrading the Peel Terrace/Brown Street intersection with a new roundabout.

$7,781,957.19

 

$6,778,441.00

 

-$1,003,516.19

 

All tenders received exceed the available budget. With very limited ability to increase funding (both internally and externally) it is recommend that the City at this stage does not proceed with these works.

Stakeholder Consultation

This scope of works specified in this tender forms part of the Busselton Local Road Network Upgrades project that has been subject to numerous workshops with the Council, public meetings, design meetings with Main Roads Western Australia (MRWA), targeted meetings with key stakeholders and directly affected land owners over the last two (2+) plus years.

 

City officers will implement the following communication activities as part of the pre-construction, construction and post-construction stages:-

 

Project Fact Sheets, FAQs, social media posts, updates on the Your Say Busselton, Media releases, meetings – community & key stakeholders, advertorial and/or advertising and letter drops to the directly affected residents and stakeholders.

 

RFT11/19 was advertised in the West Australian newspaper 13 July 2019, Council for Communities Page in the local press on 17 July 2019 and the City of Busselton tenders website (TenderLink) on 11 July 2019. The closing time and date for lodgement of a response was 2.00pm (AWST) on Tuesday 20 August 2019.

 

Officers have undertaken reference checks of the preferred tenderer.

RISK ASSESSMENT

An assessment of the potential implications of implementing the Officer Recommendation has been

undertaken using the City's risk assessment framework, with the intention being to identify risks which, following implementation of controls, are identified as medium or greater. 

There are no such risks identified, with the preferred tender assessed as being capable of delivery the project on time and within budget to the specified standards.

 

Options

As an alternative to the Officer Recommendation Council may consider the following options:

 

Option 1

Pursuant to the tender evaluation process prescribed in RFT11/19 the tenders from Leeuwin Civil Pty Ltd (Leeuwin Civil) and BCP Contractors Pty Ltd (BCP) in respect to both Stage 1A+B (Stage 1) and Stage 2 Option 1 (Stage 2) scored significantly higher than the other tenders. This resulted in these tenders respectively ranking first and second in respect to Stage 1 and Stage 2.

 

Both Leeuwin Civil and BCP are local businesses. Given the challenges in the current economic environment and the relative significant value of this project, Council may want to consider whether there is merit in spreading the awarding of the tender and the consequential financial benefit of this project between Leeuwin and BCP.

 

Based on the City’s tender evaluation matrix the tenders from Leeuwin Civil and BCP achieved a very similar score in respect to the qualitative selection criteria (that is Relevant Experience, Key Personnel, Tenderer’s Resources and Demonstrated Understanding).

 

However there are some material differences in the nett tendered prices of these tenders. The scoring and price differences can be summarised as follows (note this summary is based on nett pricing - after all discounts and incentives offered by these tenderers have been applied):

 

·    In respect to Stage 1 the tender from Leeuwin Civil scored 4.73/5 on the qualitative selection and the tender from BCP 4.68/5, with the difference in price being $31,931.40.

·    In respect to Stage 2 Leeuwin Civil achieved an overall score of 4.73/5 and BCP 4.68/5. However the difference in price between these two tenders is $181,809.07, with Leeuwin offering the lowest price.

·    City officers also evaluated “combined” tenders – that is for awarding both Stage 1 and Stage 2 to the same contractor as a “package”. Leeuwin Civil achieved an overall score of 4.73/5 and BCP 4.65/5 for their respective “combined” tenders, but the price difference is $168,740.68, with Leeuwin Civil once again offering the lowest price. 

Consequently, based on the City’s tender evaluation matrix, the tenders from Leeuwin Civil ranked first in all three categories.

 

The following guidelines in the City’s Purchasing Policy allow Council to take social and local economic factors in consideration as part of the process for procurement of goods and services:

 

·    Section 1.2(d):  Ensuring that sustainable benefits, such as environmental, social and local economic factors are considered in the overall ‘best value for money’ assessment;

 

·    Section 4.1(b): The policy seeks to align with: Key Goal Area 4 – Economy – An innovative and diversified economy that provides a variety of business and employment opportunities, and a community where local business is supported and in turn drives our economy; and

·    Section 5.5: All processes, evaluations and decisions shall be transparent, free from bias, merit based and fully documented in accordance with applicable policies, practices and procedures, and audit requirements.

Having regard to social and local economic factors Council may consider spreading the financial benefit of this major project between these two local contractors. Not only will this result in the City “supporting” two local businesses (by allowing both contractors to benefit financially from the project and to further their portfolios of experience), but it could also contribute towards the sustainability of both businesses and in the process facilitate competition, furthering the goal of having a robust and prosperous local economy. Supporting the local economy in this way may be considered, over the medium to long term, to be to the City’s advantage.

 

However, in considering what is most advantageous to the City, any/all benefits of spreading the available work between these two tenderers should be weighed up against abovementioned price differences – in other words the “premium” that Council is prepared to pay for allowing both contractors to participate in the project. The lower the pricing differential or “premium”, the greater the merit in considering the principle of “spreading” work. The counter-balancing consideration is that the tender process is in itself about ensuring a competitive process – hence care is advised to ensure that this is given primary consideration.

 

Should Council consider sharing the work under RFT11/19 between Leeuwin Civil and BCP, the proposed Council resolution is as follows:

 

“That the Council:

 

1.      Pursuant to RFT 11/19 Road Network Upgrade – City Centre Eastern Link (RFT11/19) endorse the tender from Leeuwin Civil Pty Ltd for $5,123,493 (exclusive of GST) as the preferred tender for Stages 1A+B (second north-south road into the Busselton City Centre between Rosemary Drive and Cammilleri Street via a new bridge across Vasse River).

 

2.      Pursuant to RFT11/19 select the tender from BCP Pty Ltd for $2,468,092 as the preferred tender for Stage 2 Option 1 (southern extension of Stage 1, duplicating Causeway Road from Rosemary Drive to Molloy Street, with a “roundabout” design for the Causeway Road/Strelly Street intersection).

 

3.      In accordance with Regulation 18(5) of the Local Government (Functions and General) Regulations 1996 decline to accept any tender in respect to RFT11/19 Stage 2 Option 2 (“gull-wing” design for the Causeway Road/Strelly Street intersection).

 

4.      In accordance with Regulation 18(5) of the Local Government (Functions and General) Regulations 1996 decline to accept any tender in respect to RFT11/19 Stage 3 (north-eastern extension of the Stage 1 works, including upgrading the Peel Terrace/Brown Street intersection with a new roundabout).

5.      In respect to RFT11/19 Stage 1A+B delegate power and authority to the Chief Executive Officer to:

 

a)    Negotiate and agree with the preferred tenderer variations in accordance with Regulations 20 and 21A of the Local Government (Functions and General) Regulations 1996 subject to such variations not to exceed the overall project budget;            

b)    Negotiate and agree with the preferred tenderer the final terms and conditions of the contract (including rates/contract prices); and

c)    Subject to and conditional upon all environmental approvals having been obtained, enter into a contract with the preferred tenderer for supply of the relevant goods and services.

 

6.      In respect to RFT11/19 Stage 2 Option 1 delegate power and authority to the Chief Executive Officer to:

 

a)    Negotiate and agree with the preferred tenderer variations in accordance with Regulations 20 and 21A of the Local Government (Functions and General) Regulations 1996 subject to such variations not to exceed the overall project budget;

b)    Negotiate and agree with the preferred tenderer the final terms and conditions of the contract (including rates/contract prices); and

c)      Subject to and conditional upon the City of Busselton receiving sufficient funding for RFT11/19 Stage 2 Option 1 by 30 June 2020, enter into a contract with the preferred tenderer for supply of the relevant goods and services.”

 

Option 2

As a further option Council may want to consider to proceed at this stage only with Stage 1 of the project. In that case the proposed Council resolution is as follows:

“That the Council:

1.      Pursuant to RFT 11/19 Road Network Upgrade – City Centre Eastern Link (RFT11/19) endorse the tender from Leeuwin Civil Pty Ltd for $5,123,493 (exclusive of GST) as the preferred tender for Stage 1 (second north-south road into the Busselton City Centre between Rosemary Drive and Cammilleri Street via a new bridge across Vasse River).

 

2.      In accordance with Regulation 18(5) of the Local Government (Functions and General) Regulations 1996 decline to accept any tender in respect to RFT11/19 Stage 2 Option 1 (“roundabout” design for the Causeway Road/Strelly Street intersection) or Stage 2 Option 2 (“gull-wing” design for the Causeway Road/Strelly Street intersection).

 

3.       In accordance with Regulation 18(5) of the Local Government (Functions and General) Regulations 1996 decline to accept any tender in respect to RFT11/19 Stage 3 (north-eastern extension of the Stage 1 works, including upgrading the Peel Terrace/Brown Street intersection with a new roundabout).

 

4.      In respect to RFT11/19 Stage 1 delegate power and authority to the Chief Executive Officer to:

 

a)     Negotiate and agree with the preferred tenderer variations in accordance with Regulations 20 and 21A of the Local Government (Functions and General) Regulations 1996 subject to such variations not to exceed the overall project budget;

b)     Negotiate and agree with the preferred tenderer the final terms and conditions of the contract (including rates/contract prices); and

c)      Subject to and conditional upon all environmental approvals having been obtained, enter into a contract with the preferred tenderer for supply of the relevant goods and services.”

 

CONCLUSION

City officers are of the view that subject to availability of funding, it would be most advantageous for the City to proceed with Stage 1 and Stage 2 Option 1 of the City Centre Eastern Link road network upgrade and for Council to endorse the tenders from Leeuwin Civil Pty Ltd as the preferred tenders for both Stage 1 and Stage 2 Option 2. It is considered that the following efficiencies will be achieved by progressing at this stage with both Stages 1 and 2:

 

·    Through economies of scale best value for money will be achieved.

·    Less interruption and impact on traffic flows into town (by condensing the construction time frame) should minimise public inconvenience.

·    As identified in the Background section of this report, Council endorsed an upgrade to the intersection Strelly Street/Causeway Road to improve ease of access and traffic flow, in particular for vehicles exiting Strelly Street or turning right from Causeway Road into Strelly Street. As has been identified in modelling and independent peer review, this is most effectively done with the construction of a roundabout at this location and dueling Causeway Road from Rosemary Drive to Molloy Street.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Should Council adopt the Officer Recommendation, it is anticipated that:

 

·    The contract for construction of Stage 1 will be finalised and entered into as soon as all environmental approvals have been obtained, with works expected to commence during October 2019 and completed by June 2020; and

 

·    Subject to availability of funding, the contract for construction of Stage 2 Option 1 to become unconditional by end June 2020, with construction to commence as soon as weather conditions allow and works to be completed by mid-December 2020.

 

  


Council                                                                                      126                                                      25 September 2019

16.1           REVIEW OF COMMITTEES, WORKING GROUPS AND TERMS OF REFERENCE

STRATEGIC GOAL

STRATEGIC OBJECTIVE

6. LEADERSHIP Visionary, collaborative, accountable

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

SUBJECT INDEX

Committees and Working Groups

BUSINESS UNIT

Corporate Services

REPORTING OFFICER

Manager Governance and Corporate Services - Sarah Pierson

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

Executive: substantial direction setting, including adopting strategies, plans and policies (excluding local planning policies), tenders, setting and amending budgets, funding, donations and sponsorships, reviewing committee recommendations

VOTING REQUIREMENT

Absolute Majority

ATTACHMENTS

Attachment a   Audit Committee Proposed Terms of Reference

Attachment b    Audit Committee Current Terms of Reference

Attachment c    Finance Committee Proposed Terms of Reference

Attachment d   Finance Committee Current Terms of Reference

Attachment e    Policy and Legislation Committee Proposed Terms of Reference

Attachment f    Policy and Legislation Committee Current Terms of Reference

Attachment g   Airport Advisory Committee Proposed Terms of Reference

Attachment h   Airport Advisory Committee Current Terms of Reference

Attachment i     Bush Fires Advisory Committee Proposed Terms of Reference

Attachment j     Bush Fires Advisory Committee Current Terms of Reference

Attachment k    Local Emergency Management Committee Proposed Terms of Reference

Attachment l    Local Emergency Management Committee Current Terms of Reference  

 

COUNCIL DECISION AND OFFICER RECOMMENDATION

C1909/191              Moved Councillor J McCallum, seconded Councillor L Miles

That the Council, pursuant to s. 5.8 of the Local Government Act 1995:

1.         Retains the following Committees:

(a)       Audit Committee

(b)       Finance Committee

(c)       Policy and Legislation Committee

(d)       Airport Advisory Committee

(e)       Bush Fires Advisory Committee

(f)        CapeROC Voluntary Organisation of Councils

(g)       Local Emergency Management Committee

(h)       Meelup Regional Park Management Committee

 

2.         Endorses the amended Committee Terms of Reference for the following Committees at Attachments A, C, E, G, I and K

(a)       Audit Committee (Attachment A)

(b)       Finance Committee (Attachment C)

(c)       Policy and Legislation Committee (Attachment E)

(d)       Airport Advisory Committee (Attachment G)

(e)       Bush Fires Advisory Committee (Attachment I)

(f)        Local Emergency Management Committee (Attachment K)

 

OFFICER RECOMMENDATION TWO (SIMPLE MAJORITY)

That the Council:

1.         Agrees to retain the following Consultative/Working Groups of elected and non-elected members with elected membership as outlined in this report:

(a)       ‘Busselton-Margaret River Regional Airport Consultative Group’ and endorses its change of name to ‘Busselton Margaret River Airport Consultation Group’

(b)       Sustainability and Energy Working Group

(c)       Economic Development Taskforce

(d)       Economic Development Working Group

(e)       Smart Cities Digital Strategies Working Group

(f)        Busselton Jetty Reference Group,

(g)       Disability Access and Inclusion Plan Reference Group

(h)       Marketing and Events Reference Group

(i)        Vasse Recreational Facilities Working Group

(j)        BEACH Working Group (replacing the current ‘Busselton Performing Arts and Convention Centre Working Group’)

2.         Endorses the continued delegation of elected members to the following external groups:

(a)       Peron-Naturaliste Partnership

(b)       Busselton and Sugito Cities Association

(c)       Regional Roads Group and Convention

(d)       Geographe Bay Regional Roadwise Road Safety Working Group

3.         Endorses the continued attendance of an elected member at the Australian Coastal Councils annual conference / Annual General Meeting.

4.         Requests the CEO consult with the Busselton Senior Citizens Centre Board with a view to removing Council membership from their Constitution.

5.         Endorses the discontinuance of Council representation on the Busselton Historical Society group, as it is a well- established and functional group.

6.         Endorses the continued appointment of the Mayor to the following external groups:

(a)       Regional Capitals Australia Alliance (subject to appointment by the Regional Capitals Australia Alliance Board)

(b)       Regional Capitals Western Australia Alliance

(c)       South West Zone Local Government Association

7.         Endorses the nomination of elected members as required to the following Ministerial Committees subject to approval of the relevant Minister:

(a)       Yallingup Land Conservation District Committee

(b)       Development Assessment Panel

(c)       Vasse Ministerial Taskforce

(d)       GeoCatch (the Mayor or delegate as appointed by the Minister)

8.         Agrees the following Committee / Working Groups are no longer required:

(a)       Busselton Settlement Art Project Management Committee

(b)       Phoebe Abbey House Working Group

(c)       Waste Advisory Group

(d)       Community Resource Centre Working Group

(e)       Waterways Improvement Reference Group

(f)        CQU University Busselton Regional Advisory Group (formerly Higher Education Forum)

(g)       Western Ringtail Possum Working Group

CARRIED 8/0

BY ABSOLUTE MAJORITY

Note:              A correction was made on page 123 to reflect Cr McCallum as the current member of the Development Assessment Panel and Cr Carter as the current deputy member.

EXECUTIVE SUMMARY

In the lead up to local government elections, officers have conducted a review of the various committees, advisory groups and working groups that involve the participation of elected members. The purpose of the review is to identify the function of the committees and working groups, and provide recommendations to Council as to their ongoing purpose. As part of this review, the Terms of Reference for the formal committees of Council have also been amended and are presented to Council in this report for consideration and endorsement.

 

BACKGROUND

The Council currently has seven Council committees established under the Local Government Act 1995 (the Act) and one established under the Bush Fires Act 1954. The Council has also over the years formed many working groups to assist with progressing various initiatives.  In addition the Council is represented on a number of local community committees and working groups.

It is appropriate to review on a regular basis whether or not these working groups / member appointments are still performing the function as originally intended and / or are still warranted, noting the resource requirements associated and that travel allowances are payable for attendance. It is also important that the Terms of References for the formal committees of Council are reviewed.

 

OFFICER COMMENT

This review was conducted by assessing each committee and group in the context of the following:

·          statutory requirements;

·          its current and future function;

·          outcomes of the review conducted in 2017;

·          information gathered from committee members and senior management; and

·          the frequency of meetings and the actions arising from those meetings.

Officers considered the original purpose behind the establishment of the committee/group and if that purpose is still relevant and necessary. Officers also considered where there might be duplication between committees/groups or where the purpose for which the committee/group was set up is now more effectively managed at an administrative level, with matters brought to Council as required. 

Specifically with respect to membership / representation on the Busselton Senior Citizens Centre Board and the Busselton Historical Society, these groups are both well established and have strong relationships with the City and City officers.  While historically direct Council support may have been appropriate, the role of Council membership / representation is now more ambiguous.  Officers recommend the requirement for its continuance is discussed with the Busselton Senior Citizens Centre Board with a view to removing it in favour of more informal engagement consistent with the relationship Council has with other community organisations.  Initial discussions have taken place.  With respect to the Busselton Historical Society, the discontinuance of formal representation on the group has been discussed with the Society who agree it is no longer necessary given the relationships they have with the City.

With respect to the formal committees of Council, updated Terms of Reference for each are attached for Council consideration, excluding CapeROC which will require agreement by CapeROC prior to a motion being put to both Councils.  Officers have sought to standardise the Terms of Reference into a new format, remove repetition, and to ensure that the scope of a committees objectives, its membership and the role of advisory participants where applicable is clear.  Due to the change in format track changes versions have not been provided, instead the current Terms of Reference for each committee is provided at Attachments B, D, F, H, J and L.   Key changes include:

·    streamlining the introduction and objectives for each Committee;

·    standardising (in most instances) notice of meetings to be 5 days with agenda papers provided no less than 72 hours prior to the meeting;

·    deleting reference to the number of times per annum the Committee must report to Council and instead referring the Standing Orders which outlines requirements for Committees to report;

·    deleting reference to forfeiture of a committee member’s membership after three absences and instead stating that membership may be ceased in accordance with the Act. This broadens

·    Council’s ability to terminate membership and also recognises that leave of absence procedures don’t exist for Committees;

·    deleting clauses which limit a Committee’s use of their delegated powers to after the meeting minutes have been formally considered by Council.  A Committee should be able to use their delegated powers without unnecessary limitation;

·    deleting clauses stating that a decision of a Committee does not have effect unless it has been made by a simple majority, as this is considered self-evident and therefore redundant; and

·    deleting clauses stating that the terms of reference may be amended as they considered redundant and may be amended pursuant to the relevant legislation.

With respect to reference / working groups, these have historically been managed fairly informally and at times inconsistently. A review of each group’s Terms of Reference will be progressively undertaken over the next few months.      

A summary of the review outcomes is contained in Table 1 below.

Table 1: Formal Committees (elected members only)

Committee / Group

Function / Membership

2019 recommendations

Audit Committee

Established pursuant to statute to assist Council to fulfil its corporate governance, stewardship, leadership and control responsibilities relating to financial reporting, audit and risk. Meets as required.

 

3 elected members (incl. Mayor)

2 deputy members

Retain: statutory requirement

 

Terms of Reference have been amended

 

 

 

 

Propose 4 elected members

 

Finance Committee

Assists the Council to oversee the allocation and use of the local government’s finances and resources.  Meets monthly.

 

5 elected members (incl. Mayor)

4 deputy members

Retain

 

Terms of Reference have been amended

Policy & Legislation Committee

Assists the Council to determine the local government’s policies and to carry out its legislative functions.  Meets monthly.

 

5 elected members (incl. Mayor)

4 deputy members

Retain

 

Terms of Reference have been amended

Airport Advisory Committee

Assist Council with the development of the Airport with a critical role under the Noise Management Plan.  Meets as required.

 

4 elected members

2 deputy members

Retain

 

Terms of Reference have been amended

Formal Committees (with elected and non-elected members)

Committee / Group

Function / Membership

2019 recommendations

Bush Fires Advisory Committee

Established pursuant to the Bushfires Act 1954 to provide advice to Council in regard to all matters relating to bush fire control, prevention and management.

 

1 elected member

1 deputy member

Retain

 

Terms of Reference have been amended

Busselton Settlement Art Project Committee

Oversees the commissioning of sculptures proposed under the project as approved by Council.

 

1 elected member

1 deputy member

Discontinue

 

The finalisation of the last sculpture and this project means the committee will not be required beyond 2019

CapeROC

Exists to enhance the capacity of both local governments (City of Busselton and Shire of Augusta Margaret River) to deliver social, economic and environmental benefits to their communities and the region.

 

3 elected members

2 deputy members

Retain

 

Amendments to Terms of Reference will need to be put to CapeROC and then jointly passed by both Councils

 

 

 

 

Local Emergency Management Committee

Established pursuant to the Local Emergency Management Act 2005 to assist Council and ensure local emergency management arrangements are established.

Meets at least bi-annually.

 

2 elected members (Mayor and Deputy Mayor)

1 deputy member

Retain

 

Terms of Reference have been amended

Meelup Regional Park Committee

Assists the Council in managing and promoting Meelup Regional Park.

Supported by a working group with the same membership.

 

2 elected members

1 deputy member

This Committee has been the subject of a separate review and an amended Terms of Reference has already been adopted by Council.

 


 

External Groups / Committees with elected member delegations

Committee / Group

Function / Membership

2019 Recommendations

Peron-Naturaliste Partnership

One of 9 local governments on the Board.  Works with State government to lobby Federal government about environmental issues.

 

1 elected member

0 deputy member

Retain – continues to perform an important function

 

 

 

 

Propose addition of 1 deputy member

Busselton and Sugito Sister Cities Partnership

Manages the sister city relationship with Sugito, Japan and arranges adult and youth exchanges.

 

1 elected member

0 deputy member

Retain – continues to provide an important link

 

 

 

Propose addition of 1 deputy member

Busselton Historical Society

The Society runs the museum and provides information on the history of the Busselton region to the public.

 

1 elected member

0 deputy member

Discontinue delegate appointment as Society is a well- established and effective community group.  Councillors can attend meetings as invited and the community group may address Council at any time.

Busselton Senior Citizens Centre Board

A Councillor participates on the Board of Management in accordance with the Board’s constitution.

 

1 elected member

0 deputy member

CEO to seek agreement from the Busselton Senior Citizens Centre Board to amend Constitutional requirements for Council representation. 

Group is well established.  Councillors can attend meetings as invited and the community group may address Council at any time.

CQU Advisory Group / Higher Education Forum

Set up to investigate opportunities for the provision of higher education and facilities and programs in the City.

 

1 elected member

0 deputy member

Discontinue

Regional Roads Group and Convention

The group prioritises and resolves projects for the allocation of monies received from State and Federal government.

 

1 elected member

1 deputy member

Retain – continues to perform an important function

Geographe Bay Regional Roadwise Road Safety Working Group

Reviews road safety issues

1 elected members

1 deputy member

Retain – continues to perform an important function

 

Australian Coastal Councils Association

The City is a member of this group which is a lobby group to develop resources relating to climate change.

 

No set membership – elected member selected to attend conference and represent the City.

Retain City’s membership and selection of an elected member to attend conference / AGM

 

Mayor / Board Appointments

Regional Capitals Australia

 

Brings Australia’s 51 regional capital cities together as one unified voice to provide an alliance that understands sand presents to the Federal Government the needs of combined regional communities.

 

Mayor (by appointment of the Board)

Retain – provides important platform for advocacy

Regional Capitals WA Alliance

Provides a WA alliance of regional capitals

 

Mayor

Retain – provides important platform for advocacy and partnerships

South West Zone Local Government Association

An association of 12 South West Local Governments that meets to consider WA Local Government Association initiatives.

 

Mayor

1 deputy member

Retain – important advocacy and representation function

Ministerial Appointments

Committee / Group

Function / Membership

2019 Recommendations

Development Assessment Panel

Invite and appointment by relevant Minister

 

2 elected members

1 deputy members

Current appointment is Cr Henley and Cr McCallum, with Cr Carter as deputy member.

Not applicable - Ministerial Appointment

 

 

 

Yallingup Land Conservation District Committee

Invite and appointment by relevant Minister

Important conduit between Yallingup and works/ engineering departments

 

 

1 elected member

0 deputy members

 

Current appointment is Cr McCallum

Not applicable - Ministerial Appointment

 

Vasse Ministerial Taskforce

Invite and appointment by relevant Minister

 

1 elected member

0 deputy members

Not applicable - Ministerial Appointment

 

 

 

GeoCatch

Works with community and government to coordinate management of the catchment of Geographe Bay and its marine environment

 

Mayor or delegate noting that they are also appointed by the Minister for a 3 year term. 

 

Current appointment is Cr Tarbotton.

Retain

City Formed Reference / Working Groups (elected members only)

Committee / Group

Function / Membership

2019 recommendations

Busselton Margaret River  Airport Consultation Group

Consults with community, aviation, tourism, business and government organisations about the BMRRA project, operations and potential impacts.

 

 

1 elected member (Busselton Airport Advisory Committee or delegate)

0 deputy members

Retain – continues to play an important function.  Change name to Busselton Margaret River Airport Consultation Group (i.e. delete hyphen and word ‘Regional’)

 

Propose addition of 1 deputy member

Performing Arts / Convention Centre Working Group

Consults with key stakeholders, seeks specialist advice and enables community participation in the development of initiatives aimed to attract tourism, business and events to the region

 

2 elected members

1 deputy member

Discontinue and replace with a ‘BEACH Working Group’ with

3 elected members and 1 deputy.

 

 

 

 

 

 

3 elected members

1 deputy member

Waste Advisory Group

Set up to assist in the development of strategies for the future management of waste but has not met for an extended period

 

1 elected member

1 deputy member

Discontinue as waste strategies are developed by officers and referred to Council

Sustainability and Energy Working Group

Considers the development and implementation of energy efficiency initiatives

 

2 elected members

1 deputy member

Retain – continues to perform an important function

 

City Formed Reference / Working Groups (elected and non-elected members)

Western Ringtail Possum Group

Protection of Western Ringtail Possum and its habitat

 

1 elected member

Discontinue and manage administratively

Economic Development Taskforce

Provides advice and recommendations as to the Economic Development Strategy

 

Mayor + 2 elected members

0 deputy members

Retain – continues to perform an important function

 

 

 

Propose addition of 1 deputy member

Economic Development Working Group

Is a subsidiary working group of the Economic Development Taskforce

 

1 elected member

Retain

 

Smart Cities Digital Strategies Working Group

Is a subsidiary working group of the Economic Development Taskforce

 

1 elected member

Retain

 

Phoebe Abbey House Working Group

Preservation of Phoebe Abbey’s House

Discontinue as has not met for an extended period of time – matter being managed administratively.

Busselton Jetty Reference Group

Provides a forum for discussion on Jetty-related matters with Busselton Jetty Inc. and Council.

 

1 elected member

1 deputy member

Retain – continues to perform an important function

 

 

Endorse amended Terms of Reference

Community Resource Centre Working Group

Consultative forum to assist the City with the set up and management of the CRC

Discontinue as now being managed administratively by officers

Disability Access and Inclusion Plan Reference Group

Assists with the implementation of initiatives identified in the Disability Access and Inclusion Plan

 

1 elected member

1 deputy member

Retain – continues to perform an important function

Marketing and Events Reference Group

Makes recommendations to Council on the allocation of marketing and events funding.

 

3 elected members

1 deputy member

Retain – continues to perform an important function

 

 

Terms of Reference in draft review

Vasse Recreational Facilities Group

Assist with the development of recreational facilities at Vasse

 

1 elected member

1 deputy member

Retain – continues to perform an important function

Waterways Improvement Reference Group

Set up to assist with strategies relating to improvement of the Vasse River and other local waterways

 

Discontinue – has not met for an extended period with matters being managed administratively by officers and presented to Council

For clarity, the committees/groups proposed not to be continued are:

·    Busselton Settlement Art Project Committee

·    CQU Advisory Group

·    Waste Advisory Group

·    Phoebe Abbey House Working Group

·    Community Resource Working Group

·    Waterways Improvement Reference Group

·    Western Ringtail Possum Group

It is also proposed that further discussions occur with the Busselton Senior Citizen’s Centre Board and the Busselton Historical Society relating to the need for ongoing membership / representation of those groups.

Statutory Environment

The review was conducted in accordance with the provisions of the following:

·    Local Government Act 1995 (the Act)

·    Local Government (Administration) Regulations 1996

·    Bushfires Act 1954 WA

·    Emergency Management Act WA 1995

Relevantly, under Section 5.8 of the Act, a local government may, by absolute majority, establish committees of three or more persons to assist the Council. 

Section 5.10 and 5.11A of the Act relates to the appointments of Committee members and Deputy Committee members. Appointments will be made at a special Council Meeting following the election.  With respect to the number of deputy members to be appointed (as set out in the relevant Terms of Reference) the Act states that the local government may appoint a person to be a deputy of a member of a committee and may terminate such an appointment at any time. In considering efficiencies and practicalities of having a deputy for each member, especially where there are more than 4 members, officers sought advice as to industry practice and the requirement to appoint a deputy for each member. WALGA supported a practical approach with a number of deputies being appointed to the committee, as opposed to having one per member.  On this basis officers recommend we continue with this approach. 

Relevant Plans and Policies

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

Financial Implications

The financial outcome of this review will result in less time and resources spent by elected members and City officers in the attendance and administration of committees which serve limited function and where the matter can be managed administratively.  Elected members may claim an allowance for travel to and from committee and working group meetings and so reducing the number of working groups where possible will result in minor financial benefit.

Stakeholder Consultation

Preliminary contact has been made with the Busselton Senior Citizen’s Centre Board in relation to the relevant officer recommendation.  The Board will discuss the proposal at their next meeting.  Discussion has also been had with the Busselton Historical Society who are in agreement with the officer recommendation in relation to discontinuing formal representation on the group.  

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place.  No risks of a medium or greater level have been identified.

Options

As an alternative to the proposed recommendation the Council could:

1.    Retain any Committees or Groups which have been recommended to discontinue;

2.    Discontinue any Committees or Groups which have been recommended to retain; and

3.    Amend the Terms of Reference of the Committees

CONCLUSION

This review seeks to streamline the activities of elected members in committees and groups. In doing so, it is expected that the time and resources spent in attending and administering committees and groups will be reduced, with relevant matters able to be managed administratively.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The recommendations will be implemented immediately upon Council endorsement.  


Council

129

25 September 2019

16.1

Attachment a

Audit Committee Proposed Terms of Reference

 


 


 


Council

132

25 September 2019

16.1

Attachment b

Audit Committee Current Terms of Reference

 


 


 


Council

134

25 September 2019

16.1

Attachment c

Finance Committee Proposed Terms of Reference

 


 


Council

136

25 September 2019

16.1

Attachment d

Finance Committee Current Terms of Reference

 


 


Council

138

25 September 2019

16.1

Attachment e

Policy and Legislation Committee Proposed Terms of Reference

 


 


Council

140

25 September 2019

16.1

Attachment f

Policy and Legislation Committee Current Terms of Reference

 


 


Council

142

25 September 2019

16.1

Attachment g

Airport Advisory Committee Proposed Terms of Reference

 


 


Council

144

25 September 2019

16.1

Attachment h

Airport Advisory Committee Current Terms of Reference

 


 


Council

147

25 September 2019

16.1

Attachment i

Bush Fires Advisory Committee Proposed Terms of Reference

 


 


 


Council

149

25 September 2019

16.1

Attachment j

Bush Fires Advisory Committee Current Terms of Reference

 


 


Council

150

25 September 2019

16.1

Attachment k

Local Emergency Management Committee Proposed Terms of Reference

 


 


 


Council

155

25 September 2019

16.1

Attachment l

Local Emergency Management Committee Current Terms of Reference

 


 


 

 


Council                                                                                      156                                                      25 September 2019

18.             Motions of which Previous Notice has been Given

Nil  

 

19.             urgent business

Nil

 

20.             Confidential Reports  

Nil  

 

21.             Closure

The Presiding Member closed the meeting at 5.37pm.

 

THESE MINUTES CONSISTING OF PAGES 1 TO 156 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON Wednesday, 9 October 2019.

 

DATE:_________________  PRESIDING MEMBER:         _________________________