COB-RGB

 

 

 

 

 

Policy and Legislation Committee Agenda

 

 

 

8 October 2019

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 8 October 2019

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Policy and Legislation Committee will be held in the Committee Room, Administration Building, Southern Drive, Busselton on Tuesday, 8 October 2019, commencing at 2.00pm.

 

The attendance of Committee Members is respectfully requested.

 

 

DISCLAIMER

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

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

3 October 2019


CITY OF BUSSELTON

Agenda FOR THE Policy and Legislation Committee MEETING TO BE HELD ON 8 October 2019

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening and Announcement of Visitors. 4

2....... Attendance. 4

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

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

5....... Confirmation and receipt of Minutes. 4

5.1          Minutes of the Policy and Legislation Committee Meeting held 10 September 2019. 4

6....... Reports. 5

6.1          LOCAL PLANNING POLICY REVIEW - REVOCATION OF LOCAL PLANNING POLICIES (LPP2C, LPP5C & LPP5D). 5

6.2          CITY CENTRE FACADE REFURBISHMENT SUBSIDY PROGRAMME. 21

6.3          RESCISSION OF COUNCIL POLICY: 064 AND 064/1 REGARDING TOURISM DIRECTIONAL SIGNAGE AND ADOPTION OF NEW COUNCIL POLICY: TOURISM DIRECTIONAL INFORMATION SIGNAGE. 46

6.4          REVIEW OF COUNCIL POLICIES: URBAN ART AND PUBLIC ARTWORK. 66

6.5          POLICY REVIEW - WASTE COLLECTION SERVICE. 80

7....... General Discussion Items. 89

8....... Next Meeting Date. 89

9....... Closure. 89

 


Policy and Legislation Committee                                  4                                                                    8 October 2019

 

1.               Declaration of Opening and Announcement of Visitors

2.               Attendance 

Apologies

 

Nil

3.               Public Question Time  

4.               Disclosure Of Interests

5.               Confirmation and receipt of Minutes

5.1             Minutes of the Policy and Legislation Committee Meeting held 10 September 2019

Recommendation

That the Minutes of the Policy and Legislation Committee Meeting held 10 September 2019 be confirmed as a true and correct record.

   


Policy and Legislation Committee                                  5                                                                    8 October 2019

6.               Reports

6.1             LOCAL PLANNING POLICY REVIEW - REVOCATION OF LOCAL PLANNING POLICIES (LPP2C, LPP5C & LPP5D)

GOAL

OBJECTIVE

2. PLACE AND SPACES Vibrant, attractive, affordable

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

SUBJECT INDEX

Development Control Policy

BUSINESS UNIT

Statutory Planning

REPORTING OFFICER

Senior Development Planner – Policy - Stephanie Navarro

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   LPP 2C: Traffic Assessment

Attachment b    LPP 5C: Relative Ancillary Accommodation

Attachment c    LPP 5D: Food and Wine Sales  

 

OFFICER RECOMMENDATION

That the Council:

 

1.    Revoke the following Local Planning Policies as set out below:

 

·    LLP 2C: Traffic Assessment;

 

·    LPP 5C: Relative Ancillary Accommodation; and

 

·    LPP 5D: Food and Wine Sales.

 

2.    Advertise the notice of revocation in a newspaper circulating within the Scheme area in accordance with Clause 6 of Part 2 of Schedule 2 – Deemed Provisions for Local Planning Schemes of the Planning and Development (Local Planning Schemes) Regulations 2015.

EXECUTIVE SUMMARY

In March 2019 the City commenced a review of its 38 local planning policies (LPPs). Stage 1 of this review was policy neutral and converted the LPPs into a new format, took them out of the existing manual structure and separated them into individual policies. The City has now commenced Stage 2 of this process which involves reviewing the content and relevance of all LPPs.

 

Due to the large number of LPPs, it is intended to break the review of the LPPs into smaller “rounds”. As part of this initial round, three LPPs have been identified as being no longer necessary and are therefore proposed to be revoked. The three LPPs proposed to be revoked are the following –

 

·    LPP 2C: Traffic Assessment;

 

·    LPP 5C: Relative Ancillary Accommodation; and

 

·    LLP 5D: Food and Wine Sales.

 

BACKGROUND

The Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations) provide that LPPs may be prepared by a local government in respect of any matter related to the planning and development of the Scheme area. 

 

The intention of an LPP is to provide guidance to applicants and developers in regards to the decision making process as well as to the local government when exercising discretion under the Scheme. LPPs must be consistent with the intent of the relevant Scheme provisions, including the R-codes, and cannot vary development standards or requirements set out in a Scheme or impose any mandatory requirements upon development.

 

LPPs are to be given due consideration in the assessment of development and are listed as a “matter to be considered” when making a determination of a development application under Clause 67 of Schedule 2 of the Regulations – ‘Deemed Provisions for Local Planning Schemes’ (Deemed Provisions).

 

In March 2019 the City commenced the first stage of the LPP review. This stage was policy neutral and did not alter the intent or provisions within the LPPs, however reformatted the LPPs into a new, easier to read template and took the LPPs out of a manual structure, separating them into individual policies.

 

These changes were adopted by the Council at its meeting held on 27 March 2019 (C1903/053).

 

The City has now commenced the second stage of this process and is reviewing the content and relevance of its LPPs. Due to the number of LPPs, and the complexity of issues which need to be addressed, this review is intended to be broken down into a number of “rounds”. As part of this initial round, the City has identified a number of LPPs which are considered to be redundant for various reasons. It is proposed that another round of LPPs to be revoked will be presented to the Council later in 2019.

 

As part of this round, the following three LPPs have been identified as being redundant and are recommended to be revoked:

 

·        LPP 2C: Traffic Assessment;

 

·        LPP 5C: Relative Ancillary Accommodation; and

 

·                LPP 5D: Food and Wine Sales.

 

A further, more comprehensive description of each of the above LPPs and the reasons why they are considered to be redundant is provided within the Officer Comment section of this report. The LPPs will be revoked following a Council resolution via a notice of revocation published in a local newspaper.

OFFICER COMMENT

Below is a description of each of the LPPs that City officers are recommending be revoked and the reasons why they are now considered redundant.

 

LPP 2C: Traffic Assessment

At its meeting held on 8 June 2011, the Council resolved to initiate LPP2C: Traffic Assessment (C1106/176).

 

 

The purpose of this LPP was to provide clearer direction to proponents on the level of information that the City required to assess traffic matters in its consideration of various planning applications. The decision to implement a new LPP was prompted from a decision of the Western Australian State Administrative Tribunal (WASAT) Greenelm Pty Ltd and City Of Swan [2010] WASAT 142 in which it was determined a Road Safety Audit should normally be required prior to a Council’s determination of an application.

 

At the time the Scheme did not outline the information required to be submitted with applications when dealing with traffic impacts. It was considered that not all proposals would have the same traffic impact and that higher impact proposals should address this issue in a more detailed and analytical way than smaller less impacting proposals.

 

The LPP was adopted by the Council at its meeting held on 28 September 2011 (C1109/290).

 

In 2016 the then Department of Planning (now Department of Planning, Lands and Heritage or ‘DPLH’) updated and endorsed a set of Traffic Impact Assessment (TIA) Guidelines. These guidelines specify the same thresholds as LPP2C for when a Transport Impact Statement (TIS) or TIA is required to be provided for a scheme amendment, structure plan, activity centre plan, subdivision or individual developments. They also provide technical guidance on what should be considered as part of a TIS or TIA. All applications for any of the above mentioned proposals must be prepared having regard to the current 2016 DPLH TIA guidelines. 

 

It is therefore considered that this LPP is redundant and it is recommended that that it be revoked. Should the LPP be revoked, an Information Sheet will be prepared for the City’s website referring applicants and developers to the DPLH Guidelines.

 

LPP 5C: Relative Ancillary Accommodation

Clause 84 (16) of Town Planning Scheme No. 20 (rescinded on 15 October 2014) included provisions regarding ancillary accommodation within the Rural Residential zone. At the time there were no provisions for ancillary accommodation within other zones, noting that requirements for ‘Ancillary Dwellings’ within the Residential zone are prescribed under the Residential Design Codes of WA (R-codes) and not within the Scheme or LPP of the City.

 

At its meeting held on 14 December 2005 the Council initiated for the purposes of public consultation a review of the City’s existing Relative Accommodation Policy to introduce new provisions to allow relative accommodation within the Agricultural (now Rural), Viticulture and Tourism, Conservation, Rural Landscape and Bushland Protection zones (CO512/387).

 

The former Policy was renamed to its current title LPP5C: Relative Ancillary Accommodation (LPP5C).  At its meeting held on 23 May 2007 a final version of the LPP5C was adopted by the Council (CO705/123).

 

Subsequent to this on 15 October 2014, Local Planning Scheme No. 21 was gazetted and introduced Clause 5.31 – Ancillary Accommodation in Rural Areas which stated as follows –

 

5.31 Ancillary Accommodation in Rural Areas

Where ancillary accommodation is approved in a rural zone, it must—

a)    be integrated in terms of design, colours and materials;

b)    be physically linked by form of roof cover to the single house, with the maximum separation not exceeding 10m;

c)    contain not more than one bedroom;

d)    utilise shared laundry facilities;

e)    not exceed 80m2 of floor area; and

f)     be for the exclusive use of family members.

As the clause stated that it applied to “a Rural zone” there was some ambiguity regarding which zones this clause applied to as there are several different zones that may be considered as being “rural” in nature. Therefore as part of Amendment 28 (Omnibus 4) of the Scheme this clause was amended, and renumbered, as follows - 

 

4.32 Ancillary Accommodation in Rural Areas

Where ancillary accommodation is approved in the Rural, Viticulture and Tourism, Rural Residential, Rural Landscape, Conservation or Bushland Protection zone, it must -

a)    be integrated in terms of design, colours and materials;

b)    be physically linked by form of roof cover to the single house, with the maximum separation not exceeding 10m;

c)    contain not more than one bedroom;

d)    utilise shared laundry facilities;

e)    not exceed 80m2 of floor area; and

f)     be for the exclusive use of family members.

 

As a result of the insertion of these provisions into the Scheme it is considered that LPP5C is essentially a duplicate of Scheme provisions.  The LPP is therefore considered redundant and it is recommended that it be revoked.

 

LPP 5D: Food and Wine Sales

When Town Planning Scheme No. 5 (TPS5) was rescinded and replaced with Town Planning Scheme No. 20 (TPS20) the ‘Agriculture’ (now ‘Rural) and ‘Viticulture and Tourism’ zones were introduced. TPS20 introduced ‘Restaurant’ as a discretionary land use not required to be advertised (‘AA’) in the ‘Viticulture and Tourism’ Zone. ‘Restaurant’ however remained a ‘Prohibited’ (‘X’) land use in the ‘Rural’ zone.

 

In the following years, a need was identified amongst many local, rural based attractions, such as wineries and cellar door sales operations, not within the ‘Viticulture and Tourism’ zone, to permit the ancillary sale of food to accompany the principal land use of wine sales or rural produce sales (Rural Enterprises). However, as ‘Restaurant’ was a prohibited land use in the ‘Rural’ zone, the only way the City could permit such practices was through a Scheme amendment to introduce an Additional Use right to allow a Restaurant. This process is expensive and time consuming.

 

The Scheme did, and still does, include provisions for land uses to be permitted where they form an ancillary, incidental or subsidiary use to the principal land use. The extent of an activity to meet the requirements of the Scheme as an ancillary, subsidiary or incidental use is not defined in the Scheme. In response to this issue, Council resolved to prepare a new LPP which would define the level of operation and scale of food serving activities that could be considered as an acceptable ancillary use to an approved Winery, Rural Enterprise or Rural Industry within the Agriculture and Viticulture/Tourism zones given the benefits of the integration of these activities. The LPP included provisions regarding physical integration of the food sales with the principal business activity, maximum floor areas and capacity and sharing of services and facilities. The intent of this policy was to ensure that the ancillary use be limited in scale to avoid small facilities evolving into independently operated and functioning restaurants.

 

The LPP was endorsed by the Council at its meeting held on 10 March 2010 (C1003/069).

 

On the 20 August 2013 Omnibus 6 (Amendment 125) to TPS20 was gazetted and ‘Restaurant’ was changed to an “AA” (discretionary land use not required to be advertised) land use in the ‘Rural’ zone.

 

As a result of the change, allowing Restaurants to be considered in the Rural zone, the LPP became redundant.  It is therefore recommended that the LPP be revoked.

Statutory Environment

The key statutory environment is set out in the Planning and Development Act 2005 (Act) and related subsidiary legislation, including the City of Busselton Local Planning Scheme No. 21 (Scheme) and the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations), especially Schedule 2 (Deemed Provisions) of the Regulations, which form part of the Scheme.

 

The Deemed Provisions include procedures for the creation, amendment and revocation of an LPP. Clause 6(b) of Part 2 of Schedule 2 of the Deemed Provisions allows a local planning policy to be revoked by a notice of revocation prepared by the local government and published in a newspaper circulating in the Scheme area.

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

Part 2, Division 2 of the Deemed Provisions requires that a local government undertake consultation before adopting or amending a local planning policy (although a minor amendment can be made without consultation). At least 21 days must be allowed for the making of submissions.

 

The Deemed Provisions do not require the same consultation when a LPP is to be revoked and an LPP can be revoked via a notice of revocation published in a newspaper circulating in the Scheme area.

Risk Assessment

An assessment of the risks associated with the implementation of the officer recommendations has been undertaken using the City’s risk assessment framework. No risks of a medium or greater level have been identified.

Options

As an alternative to the proposed recommendation the Council could choose to not revoke one or more of the LPPs recommended to be revoked as part of this report.

CONCLUSION

It is recommended that the Council support the proposed policy changes and initiation as described in this report.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Implementation of the officer recommendation would involve advertising the policy proposals. It is expected that this will occur within one month of the Council decision.

  


Policy and Legislation Committee

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8 October 2019

6.1

Attachment a

LPP 2C: Traffic Assessment

 


 


 


 


 


Policy and Legislation Committee

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8 October 2019

6.1

Attachment b

LPP 5C: Relative Ancillary Accommodation

 


 


 


Policy and Legislation Committee

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8 October 2019

6.1

Attachment c

LPP 5D: Food and Wine Sales

 


 


 


Policy and Legislation Committee                                  26                                                                 8 October 2019

6.2             CITY CENTRE FACADE REFURBISHMENT SUBSIDY PROGRAMME

STRATEGIC GOAL

STRATEGIC OBJECTIVE

2. PLACE AND SPACES Vibrant, attractive, affordable

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

SUBJECT INDEX

City Centre Facade Refurbishment Subsidy Programme

BUSINESS UNIT

Statutory Planning

REPORTING OFFICER

Planning Officer - Corey Smith

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

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   Busselton & Dunsborough Centres Facade Refurbishment Subsidy Programme

Attachment b    Application Location Plans

Attachment c    Occy's Brewery Proposed Works

Attachment d   Hobson's Proposed Works  

 

OFFICER RECOMMENDATION

That the Council resolve:

1.    That the application to upgrade the facade at Lot 1 (No. 12/34) Dunn Bay Road, Dunsborough is consistent with the objectives and assessment criteria of the Busselton and Dunsborough Centres Facade Refurbishment Subsidy Programme and to contribute $9,375 towards the works;

2.    That the application to upgrade the facade at Lot 163 (No. 67-77) Queen Street, Busselton is consistent with the objectives and assessment criteria of the Busselton and Dunsborough Centres Facade Refurbishment Subsidy Programme and to contribute $20,625 towards the works;

3.    To enter into a legal agreement with the owners/tenants of the properties in resolution 1 and 2, to provide for the payment of funds once the works are completed to the City’s satisfaction and final costs substantiated, such legal agreement to include the requirements for appropriate recognition of the City’s contribution to the City’s satisfaction.

EXECUTIVE SUMMARY

The Council is asked to consider two applications received for the Busselton and Dunsborough Centres Facade Refurbishment Subsidy Programme in accordance with the programme guidelines adopted. Both applications have been assessed against the objectives and assessment criteria of the programme, and are recommended for approval.

BACKGROUND

Council resolved on 13 March 2013 to trial a programme for the 2013/14 and 2014/15 financial years, by allocating $20,000 in the 2013/14 financial year and $50,000 in the 2014/15 financial year towards a facade refurbishment subsidy programme.

 

On 29 January 2014 Council adopted the Busselton City Centre Facade Refurbishment Subsidy Programme and on 10 December 2014 resolved to add a portion of the Dunsborough Town Centre to the ‘eligible area’.

Prior to the 2016/17 subsidy programme rounds, Council resolved to amend the criteria to add in ‘design works’ and alfresco associated works to the eligible criteria list. The amended programme, now called the Busselton and Dunsborough Centres Facade Refurbishment Subsidy Programme (the Programme), is provided as Attachment A.

 

The City recently invited expressions of interest in the 2019/2020 funding round of the Programme, which closed on 15 April 2019. It is noted that the budget allocation for the 2019/2020 financial year is only $30,000.  Two completed applications have been received and are the subject of this report. The applications include one proposal located within the Dunsborough Town Centre and one within the Busselton Town Centre. Location plans of these applications are provided as Attachment B.

The applications to be considered are as follows:

 

1.    Occy’s Brewery – Lot 1 (No. 12/34) Dunn Bay Road, Dunsborough

The applicant proposes to renew the existing facade of the subject building facing Lions Park by replacing the existing retractable awning with a larger fixed awning. This includes fabrication of the awning structure, fixing the awning to the front elevation of the building with steel rod ties, installing electrical cable to allow for under awning lighting, and painting the underside cladding. The applicant has concurrently applied for planning approval. Attachment C details the proposed works.

 

2.    Hobson’s - Lot 163 (No. 67-77) Queen Street, Busselton

The applicant proposes to refurbish the existing facades of the four shopfronts facing Queen Street by replacing awning roof covers and ceiling linings with new zinc sheeting and colourbond lining, replacing existing spray on render and tiles with acrylic render, repairing inner ceiling linings, replacing pillars with newly cladded and painted columns, replacing/repairing fixings and turn buckles, and replacing a window/door frame with a new aluminium window/door frame.  Attachment D details the proposed works.

OFFICER COMMENT

The two applications have been assessed against the Busselton and Dunsborough Centres Facade Refurbishment Subsidy Programme. Both applications are within the eligible area of the Programme which the City has identified as a priority for upgrades. The Programme identifies works which will be considered as eligible for funding and excludes works such as general maintenance, which should be occurring regularly without the Programme as ‘ineligible’ for subsidy funding.

 

The following provides an assessment of the works and consistency with the Programme guidelines.


 

Occy’s Brewery – Lot 1 (No. 12/34) Dunn Bay Road, Dunsborough

The applicant has applied for a subsidy contribution for the works associated with a new fixed awning as summarised below:

 

Works Proposed

Quotation (ex GST)

Eligible or Ineligible Works

Amount (ex GST)

Internal structural steel and external truss framing for awning – materials.

$7770

Eligible works

$7770

Internal Structural steel and external truss framing for awning – labour.

$9379

Eligible works

$9379

Cladding of awning –materials.

$1237

Eligible works

$1237

Cladding of awning – labour.

$1870

Eligible works

$1870

Electrical – materials.

$450

Eligible works

$450

Electrical – labour.

$1045

Eligible works

$1045

Painting – materials.

$514

Eligible works

$514

Painting – labour.

$1485

Eligible works

$1485

Total Expenditure (ex GST)

$23,750

Potential subsidy contribution (50% of total expenditure (ex GST) above (after) the first $5,000)

Calculations: $23,750 - $5,000/2 = $9,375

$9,375

 

The eligible works meet the assessment criteria of the Programme as they will:

·    Comply with the City of Busselton Local Planning Scheme No. 21;

·    Visually improve the streetscape due to a refurbished façade; and

·    Enhance the physical quality of the built environment through sensitive use of spaces (alfresco dining).

 

It is recommended that subsidy funding of up to $9,375 for eligible works be provided.

 


 

Hobson’s - Lot 163 (No. 67-77) Queen Street, Busselton

The applicant has applied for a subsidy contribution for the works associated with a refurbished facade as summarised below:

 

Works Proposed

Quotation (ex GST)

Eligible or Ineligible Works

Amount (ex GST)

Replace awning roof cover and ceiling lining with new zinc sheeting and colourbond lining (all shops) – labour and materials.

$27250

Eligible works

$27250

Replace existing spray on render and tiles with acrylic render (Shops 2 and 4 only) – labour and materials.

$6500

Eligible works

$6500

Replace/repair inner ceiling lining to forecourt of shop entry (Shop 2 only) – labour and materials.

$3750

Eligible works

$3750

Replace coated pillars with newly cladded and painted columns (Shop 2 only) – labour and materials.

$2800

Eligible works

$2800

Replace/repair fixings and turn buckles of awning ties (all shops) – labour and materials.

$8500

Eligible works

$8500

Replace window/door frame and fit new aluminium window/door frame (Shop 4 only) – labour and materials.

$17000

Ineligible works

(No detailed elevations of proposed works provided).

$17000

Total Expenditure (ex GST)

$65,800

Potential subsidy contribution (50% of total expenditure (ex GST) above (after) the first $5,000)

Calculations: $65,800 – ($17,000 + $5000)/2 = $21,900

$21,900

Available funding for Financial Year ($30,000-$9,375)

$20,625

 

The eligible works meet the assessment criteria of the Programme as they will:

·    Comply with the City of Busselton Local Planning Scheme No. 21; and

·    Visually improve the streetscape due to a refurbished facade. 

 

It is recommended that subsidy funding of up to $20,625 for eligible works be provided. This is capped due to the total funding available for this financial year ($30,000 - $9,375 = $20,625).

Statutory Environment

The Busselton and Dunsborough Centres Facade Refurbishment Subsidy Programme and application for subsidy funding is consistent with the Local Government Act 1995 and the Local Government (Functions and General) Regulations 1996.

Relevant Plans and Policies

The Busselton and Dunsborough Centres Facade Refurbishment Subsidy Programme guides assessment of applications received for subsidy funding. It provides clarification and transparency to the public on what will be considered acceptable for an application.

 

The Programme specifies ‘eligible areas’ and ‘eligible works’ which will be considered for funding.

 

In determining applications, the following assessment criteria are to be taken into consideration:

 

·    Compliance with the City’s Local Planning Scheme and the Building Code of Australia;

·    Consistency with the objectives and recommendations of the Busselton City Centre Urban Design Policy;

·    The degree to which the applicant is financially contributing to the project;

·    The extent to which the project contributes to the visual improvement of the facade, and is visible from the public domain;

·    Integration of proposed works with the streetscape, adjoining buildings and degree to which the project contributes to the established character of the street; and

·    The degree to which the proposed works promote interaction with the streetscape, including the provisions of frontages which are inviting, provide points of interest for pedestrians and allow for an efficient use of space, are functional, attractive and pedestrian friendly.

Financial Implications

A budget of $30,000 for the subsidy programme is provided for in the City budget for the 2019/2020 financial year.

Stakeholder Consultation

Expressions of interest were sought for the Programme from 18 March to 15 April 2019 via a letter sent to all relevant property owners, and advertising in the newspaper was conducted. City officers also conducted door knocking and consulted business owners throughout the eligible Busselton and Dunsborough localities.

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.    Resolve to provide subsidy funding for the works associated with one application only.

2.    Resolve to not provide subsidy funding for any proposed works.

CONCLUSION

It is considered by officers that elements of both proposals comply with criteria set out in the Busselton and Dunsborough Centres Facade Refurbishment Subsidy Programme. It is recommended that the subsidy funding of $9,375 for Occy’s Brewery and $20,625 for Hobson’s be supported.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The officer recommendation if supported will require the applicant to enter into a legal agreement with the City to complete the works and arrange for the subsidy funding to be paid prior to the end of the 2019/20 financial year.


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6.2

Attachment a

Busselton & Dunsborough Centres Facade Refurbishment Subsidy Programme

 


 


 


 


 


 



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6.2

Attachment b

Application Location Plans

 




 



 


 


 


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6.2

Attachment c

Occy's Brewery Proposed Works

 


 


 


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6.2

Attachment d

Hobson's Proposed Works

 


Policy and Legislation Committee                                  48                                                                 8 October 2019

6.3             RESCISSION OF COUNCIL POLICY: 064 AND 064/1 REGARDING TOURISM DIRECTIONAL SIGNAGE AND ADOPTION OF NEW COUNCIL POLICY: TOURISM DIRECTIONAL INFORMATION SIGNAGE

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

Engineering and Facilities Services

REPORTING OFFICER

Manager, Engineering and Facilities Services - Daniell Abrahamse

Manager, Commercial Services - Jennifer May

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

Simple Majority

ATTACHMENTS

Attachment a   Current Council Policy: Joint Policy for Tourism Directional Signs, Applied by the Busselton and Augusta-Margaret River Shire Councils

Attachment b    Current Council Policy: Integrated Directional Information System

Attachment c    Proposed Council Policy: Tourism Directional Information Signage  

 

OFFICER RECOMMENDATION

That the Council:

1.    rescinds the Council Policies entitled ‘Joint Policy for Tourism Directional Signs, Applied by the Busselton and Augusta Margaret River Shire Councils’ (Attachment A) and ‘Integrated Directional Information System – Concept Plan – Cape to Cape Region (Attachment B) effective immediately; and

2.    adopts proposed Council Policy ‘Tourism Directional Information Signage’ as per Attachment C.

EXECUTIVE SUMMARY

This report recommends the rescission of Council policies 064 ‘Joint Policy for Tourism Directional Signs, Applied by the Busselton and Augusta Margaret River Shire Councils’ (Council Policy 064) (Attachment A) and 064/1 ‘Integrated Directional Information System – Concept Plan – Cape to Cape Region Council Policy’ (Council Policy 064/1) (Attachment B), with the policies having been reviewed as part of the City’s overall review of its Council policies.

 

Officers have in parallel developed a new Council policy, Tourism Directional Information Signage (Attachment C), which outlines the principles for quality tourism signage throughout the region. 

 

Necessary operational elements of Council Policy 064 and Council Policy 064/1 are proposed to be moved to an Operational Practice document to ensure that the guidelines utilised by the organisation are not lost.

 

 

 

BACKGROUND

Council Policy 064/1, previously reviewed in July 2014, aims to provide an outline of the integrated directional information system for the Cape to Cape Region, with the system intended to provide safe and useful directional information to the travelling public, enabling road users to readily locate recognised tourist attractions and tourist facilities within the region.

 

Council Policy 064/1 also notes that the City of Busselton and the Shire of Augusta Margaret River (SAMR) are working towards implementing a joint signage policy for tourism directional signs, covering the Cape to Cape Region.

 

Council Policy 064/1, in its current form, predominately describes information relating to intersection and road signs as they are regulated by Australian Standards and Main Roads WA regulations and guidelines.  The City has developed and implemented a Policy Framework, which sets out the intent of Council policies as opposed to operational practices and, upon reviewing Council Policy 064/1, it was felt that the policy did not convey the Council’s strategic intent for tourism signage within the region and that the content replicated regulations and guidelines and/or was operational in nature.

 

Council Policy 064 similarly provides largely operational guidelines for the implementation and management of tourism directional signage between the City and SAMR. Officers from the SAMR and the City have recently managed the delivery of a CapeROC funded report – the Capes Region Tourist Directional Signage and Roadside Visitor Information: Supply of audit, condition and cost report – which includes a review and application of a condition rating for a range of identified tourism signs, along with recommendations for maintenance and renewal.  This work will be ongoing through CapeROC however in the interim it is recommended that Council Policy 064 is rescinded as it is dated and no longer relevant.

OFFICER COMMENT

Council Policy 064 and 064/1 include information relating to different types of signs, location of signs and the installation of signs, noting that many of the tourism directional signs within the City fall under the jurisdiction of Main Roads WA and are the subject of Australian Standards and Main Roads WA regulations.  While both policies contain significant operational guidelines for tourism signage, neither provides a statement of the Council’s strategic intent for tourism signage.  It is therefore proposed that they are rescinded and a new policy is implemented which does this. 

 

The purpose of the proposed new policy is to outline the strategic intent for the provision of safe, useful and consistent tourism directional signage within the City of Busselton, with the new policy designed to complement existing regulations and legislation, without seeking to replicate or potentially dilute them. 

Statutory Environment

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

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 Council policy 064 and / or 064/1; or

2.    Decide to make amendments to the proposed new policy.

 

CONCLUSION

In accordance with the City’s Policy Framework, a review of Council Policy 064 and Council Policy 064/1 has identified that they contain predominately regulatory information and serve as operational guidelines; and lack a statement of Council’s strategic intent for tourism signage.  They are therefore recommended for rescission. The proposed new policy more clearly sets out the principles of quality tourism signage to be applied within the City of Busselton.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Policy will be implemented immediately on adoption.  


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Attachment a

Current Council Policy: Joint Policy for Tourism Directional Signs, Applied by the Busselton and Augusta-Margaret River Shire Councils

 


 


 


 


 


 


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Attachment b

Current Council Policy: Integrated Directional Information System

 


 


 


 


 


 


 


 


 


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Attachment c

Proposed Council Policy: Tourism Directional Information Signage

 


 


Policy and Legislation Committee                                  67                                                                 8 October 2019

6.4             REVIEW OF COUNCIL POLICIES: URBAN ART AND PUBLIC ARTWORK

STRATEGIC GOAL

STRATEGIC OBJECTIVE

1. COMMUNITY: Welcoming, friendly, healthy

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

SUBJECT INDEX

CMTY016: Community Programs

BUSINESS UNIT

Community Services

REPORTING OFFICER

Cultural Development Officer - Jacquie Happ

AUTHORISING OFFICER

Director, Community and Commercial Services - Naomi Searle

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   Urban Art Policy 2019

Attachment b    Public Artwork Policy 2019

Attachment c    017 Urban Art Policy

Attachment d   Public Artwork Policy  

 

OFFICER RECOMMENDATION

That the Council adopts the:

1.         Urban Art Policy as per Attachment A, to replace the current policy (Attachment C); and

2.         Public Artwork Policy as per Attachment B, to replace the current policy (Attachment D).

EXECUTIVE SUMMARY

This report presents two Council policies for adoption: Urban Art and Public Artworks, having been reviewed as part of the City’s overall review of its Council policies.  Both policies have been transferred to the new Council policy template, and amended to remove operational content, repetition and generally streamline the policy content.

BACKGROUND

Council policy 017 ‘Urban Art’ was adopted in June 2013 and further reviewed in December 2017. This policy deals with the creation of urban artwork within the City of Busselton. 

 

In March 2018, Council policy ‘Public Artwork’ was adopted. This policy deals with artworks on City owned or managed spaces that are commissioned by the City or through Developer Contributions, received by donation or on loan.

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. The two policies have been transferred to the new Council policy template and reviewed by officers and, being considered of continuing importance, are presented for the Council’s consideration.

OFFICER COMMENT

The purpose of both Council policies is to encourage and guide the community in relation to firstly, urban artwork projects and secondly public artworks, located on City owned or managed property and infrastructure.

 

Combining the policies was considered however through the review process it was noted that the provision of urban art and public artworks fulfil different objectives and that the process by which they are created is different. Public artworks are generally created by an artist away from the site and brought into place by the City.  Urban art is created on site generally by application from an artist which the City approves.  While there are synergies between the two policies, for this reason, officers are recommending they remain as separate policies.

 

Council policy Urban Art (Attachment A) has been substantially amended to remove the operational content and streamline the remaining strategic aspects.

 

Council policy Public Artwork (Attachment B) has been amended to remove repetition of clauses, operational aspects and simplify definitions, providing a clearer distinction between what constitutes Urban Art vs Public Art. 

Statutory Environment

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

Relevant Plans and Policies

The City has a policy framework which was developed and endorsed by Council in response to the recommendations of the GSR.  The framework 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

Council could require further amendments to the policies. 

 

CONCLUSION

The report updates the current Council policy ‘Urban Art’ and Council policy ‘Public Artwork’.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The policies will be effective immediately upon adoption.

 


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Attachment a

Urban Art Policy 2019

 


 


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Attachment b

Public Artwork Policy 2019

 


 


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Attachment c

017 Urban Art Policy

 


 


 


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Attachment d

Public Artwork Policy

 


 


 


 


 


Policy and Legislation Committee                                  81                                                                 8 October 2019

6.5             POLICY REVIEW - WASTE COLLECTION SERVICE

STRATEGIC GOAL

STRATEGIC OBJECTIVE

3. ENVIRONMENT Valued, conserved and enjoyed

3.1 Development is managed sustainably and our environment valued.

SUBJECT INDEX

Council Policies

BUSINESS UNIT

Waste and Fleet Services

REPORTING OFFICER

Manager Waste and Fleet Services - Mark Wong

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

Simple Majority

ATTACHMENTS

Attachment a   Proposed Policy - Waste Collection Service

Attachment b    Current Policy  

 

OFFICER RECOMMENDATION

That the Council adopts the Council policy Waste Collection Service as per Attachment A, to replace the current policy (Attachment B).

EXECUTIVE SUMMARY

This report presents a revised Waste Collection Service policy (Attachment A) (the Policy) for Council consideration, with the current policy being amended as part of the City’s overall review of its Council policies. The Policy, which has been moved into the new policy format, is considered to be of continuing relevance and is therefore recommended for Council’s approval.

 

BACKGROUND

The current policy was adopted in 2012 to replace a previous Refuse Collection Service Policy and was last reviewed in 2017, where it was updated to provide clarifications relating to waste collection on private property and to incorporate the use of up to date terminology.

 

The purpose of the policy has been to provide guidance on areas within the District where residential premises may be entitled to receive a kerbside general waste and recycling waste collection service (and now organic waste collection). It outlines factors to be considered, such as safety, heavy vehicle access, and serviceability, when determining which properties may be viable to receive a kerbside collection, together with issues (to overcome) and which may prevent or change the level of service provided.  It also provides information on how certain commercial premises within the District may request to receive a kerbside waste collection service by submitting a completed, Commercial Waste Collection Application Form.

OFFICER COMMENT

Prompted by a requirement to periodically review policies and an initiative to ensure policy documents are consistent with the City’s policy framework, the Policy has been moved into the current policy format and reviewed to remove operational level detail. 

 

Specific details relating to the incorporation of services into waste runs, factors inhibiting services on private roads, the location of waste receptacles, and the waste collection service assessment criteria for non-Prescribed Area waste services, have been removed.  The Policy continues to provide over-arching guidance and principles by which new waste collection services will be assessed.

The removal of operational content allows for adjustments to be made, and fit in with constant changing best practices, as needed.

 

Additionally, the current policy implies that commercial customers within the Prescribed Area may, at their discretion, receive a kerbside waste collection service.  This does not align with the City’s current practice, as the provision of commercial waste collection services are instead at the City’s discretion.  The Policy has been updated to reflect this. 

Statutory Environment

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

 

The Policy further supports the obligations and requirements contained within the Waste Avoidance and Resource Recovery Act 2007 and the City of Busselton Waste Local Law 2016.

 

Relevant Plans and Policies

The City has a policy framework which was developed and endorsed by Council in response to the recommendations of the Governance Services Review carried out in 2017.  The framework sets out the intent of Council policies, as opposed to operational documents such as Staff Management Practices and operational procedures.

Financial Implications

Adoption of the Policy has no budget implications.

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

Council could decide to:

 

1.    not adopt the Policy and instead rescind the Policy on the basis that the Waste Local Law 2016 sufficiently outlines requirements in relation to waste collection services. The Waste Local Law 2016 does not provide relevant information for residents in a user friendly manner however and so this is not recommended.

 

2.    to require further amendments to the Policy. 

CONCLUSION

The Policy updates the current Waste Collection Service policy and in doing so maintains parameters for the provision of kerbside general waste, recycling and organic waste collection services such that they operate in the most effective, safe, cost efficient and consistent manner for eligible residential and commercial premises within the District.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Policy will be placed on the City’s website within one week of adoption.


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6.5

Attachment a

Proposed Policy - Waste Collection Service

 


 


 


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6.5

Attachment b

Current Policy

 


 


 


 

 


Policy and Legislation Committee                                  89                                                                 8 October 2019

7.               General Discussion Items  

8.               Next Meeting Date

                   Tuesday, 12 November 2019

9.               Closure