COB-RGB

 

 

 

 

 

Council Agenda

 

 

 

25 March 2020

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 25 March 2020

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Council will be held in the Council Chambers, Administration Building, Southern Drive, Busselton on Wednesday, 25 March 2020, commencing at 5.30pm.

 

Your attendance is respectfully requested.

 

 

DISCLAIMER

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

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

13 March 2020


CITY OF BUSSELTON

Agenda FOR THE Council MEETING TO BE HELD ON 25 March 2020

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

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

2....... Attendance. 5

3....... Prayer. 5

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

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

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

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

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

Previous Council Meetings. 5

8.1          Minutes of the Council Meeting held 11 March 2020. 5

Committee Meetings. 6

8.2          Minutes of the Finance Committee Meeting held 11 March 2020. 6

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

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

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

12..... Reports of Committee. 7

12.1        Finance Committee - 11/03/2020 - LIST OF PAYMENTS MADE - JANUARY 2020. 7

12.2        Finance Committee - 11/03/2020 - FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 31 JANUARY 2020. 18

13..... Planning and Development Services Report. 43

13.1        APPLICATION FOR DEVELOPMENT APPROVAL (DA18/0674) - PROPOSED EXTRACTIVE (SAND AND GRAVEL) - LOT 101 (285) GIBB ROAD - SECOND REPORT FOLLOWING DEFERRAL OF DETERMINATION BY COUNCIL. 43

13.2        NAMING OF RESERVE 43008, DUNSBOROUGH, TO QUEDJINMIA RESERVE. 274

14..... Engineering and Work Services Report. 279

15..... Community and Commercial Services Report. 280

16..... Finance and Corporate Services Report. 281

17..... Chief Executive Officers Report. 282

17.1        COUNCILLORS' INFORMATION BULLETIN.. 282

18..... Motions of which Previous Notice has been Given.. 287

19..... urgent business. 287

20..... Confidential Matters. 287

21..... Closure. 287

 


Council                                                                                      4                                                                     25 March 2020

1.               Declaration of Opening and Announcement of Visitors

 

2.               Attendance 

Apologies

 

Approved Leave of Absence

 

Nil

 

3.               Prayer

 

4.               Application for Leave of Absence  

 

5.               Disclosure Of Interests

 

6.               Announcements Without Discussion

Announcements by the Presiding Member 

 

7.               Question Time For Public

Response to Previous Questions Taken on Notice 

Public Question Time For Public

 

8.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

8.1             Minutes of the Council Meeting held 11 March 2020

Recommendation

That the Minutes of the Council Meeting held 11 March 2020 be confirmed as a true and correct record.

 

Committee Meetings

8.2             Minutes of the Finance Committee Meeting held 11 March 2020

Recommendation

That the Minutes of the Finance Committee Meeting held 11 March 2020 be noted.

  

9.               RECEIVING OF Petitions, Presentations AND DEPUTATIONS

Petitions

Presentations

Deputations

 

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

 

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


Council                                                                                      8                                                                     25 March 2020

12.             Reports of Committee

12.1           Finance Committee - 11/03/2020 - LIST OF PAYMENTS MADE - JANUARY 2020

STRATEGIC GOAL

STRATEGIC OBJECTIVE

6. LEADERSHIP Visionary, collaborative, accountable

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

SUBJECT INDEX

Financial Operations

BUSINESS UNIT

Financial Services

REPORTING OFFICER

Manager Financial Services - Paul Sheridan

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

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

Attachment a   List of Payments January 2020  

 

This item was considered by the Finance Committee at its meeting on 11 March 2020, the recommendations from which have been included in this report.

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

That the Council notes payment of voucher numbers M117731 – M117858, EF069187 – EF069710, T007497 – T007500, DD004005 – DD004032 (including DD4002 not included in December 2019) together totalling $6,132,504.27.

 

EXECUTIVE SUMMARY

This report provides details of payments made from the City’s bank accounts for the month of January 2020, for noting by the Council and recording in the Council Minutes.

 

BACKGROUND

The Local Government (Financial Management) Regulations 1996 (the Regulations) requires that when the Council has delegated authority to the Chief Executive Officer to make payments from the City’s bank accounts, that a list of payments made is prepared each month for presentation to, and noting by, the Council.

OFFICER COMMENT

In accordance with regular custom, the list of payments made for the month of January 2020 is presented for information. 

Statutory Environment

Section 6.10 of the Local Government Act 1995 and more specifically Regulation 13 of the Regulations refer to the requirement for a listing of payments made each month to be presented to the Council.

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

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

Not applicable.

CONCLUSION

The list of payments made for the month of January 2020 is presented for information.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Not applicable.

 

 

 


Council

17

25 March 2020

12.1

Attachment a

List of Payments January 2020

 


 


 


 


 


 


 


 


 


Council                                                                   21                                                                  25 March 2020

12.2           Finance Committee - 11/03/2020 - FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 31 JANUARY 2020

STRATEGIC GOAL

STRATEGIC OBJECTIVE

6. LEADERSHIP Visionary, collaborative, accountable

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

SUBJECT INDEX

Budget Planning and Reporting

BUSINESS UNIT

Financial Services

REPORTING OFFICER

Manager Financial Services - Paul Sheridan

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   Investment Report January 2020

Attachment b    Financial Activity Statement January 2020  

 

This item was considered by the Finance Committee at its meeting on 11 March 2020, the recommendations from which have been included in this report.

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

That the Council receives the statutory financial activity statement reports for the period ending 31 January 2020, pursuant to Regulation 34(4) of the Local Government (Financial Management) Regulations.

EXECUTIVE SUMMARY

Pursuant to Section 6.4 of the Local Government Act 1995 (the Act) and Regulation 34(4) of the Local Government (Financial Management) Regulations 1996 (the Regulations), a local government is to prepare, on a monthly basis, a statement of financial activity that reports on the City’s financial performance in relation to its adopted / amended budget.

 

This report has been compiled to fulfil the statutory reporting requirements of the Act and associated Regulations, whilst also providing the Council with an overview of the City’s financial performance on a year to date basis for the period ending 31 January 2020.

BACKGROUND

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

 

·    Annual budget estimates

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

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

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

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

 


 

Additionally, and pursuant to Regulation 34(5) of the Regulations, a local government is required to adopt a material variance reporting threshold in each financial year. At its meeting on 31 July 2019, the Council adopted (C1907/131) the following material variance reporting threshold for the 2019/20 financial year:

 

That pursuant to Regulation 34(5) of the Local Government (Financial Management) Regulations, the Council adopts a material variance reporting threshold with respect to financial activity statement reporting for the 2019/20 financial year as follows:

 

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

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

OFFICER COMMENT

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

 

Statement of Financial Activity

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

 

Net Current Position

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

 

Capital Acquisition Report

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

 

·   Land and Buildings

·   Plant and Equipment

·   Furniture and Equipment

·   Infrastructure

 

Reserve Movements Report

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

 

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


 

Comments on Financial Activity to 31 January 2020

The Statement of Financial Activity for the year to date as at 31 January 2020 shows an overall Net Current Position of $19.2M as opposed to the amended budget of $442K, a positive difference of $18.8M.  The following summarises the major variances in accordance with Council’s adopted material variance reporting threshold that collectively make up the above difference:

 

Description

2019/20
Actual YTD

2019/20
Amended
Budget YTD

2019/20
Amended
Budget

2019/20
YTD Bud Variance

2019/20
YTD Bud Variance

 

$

$

$

%

$

Revenue from Ordinary Activities

 

1.    Operating Grants, Subsidies and Contributions

3,147,987

2,267,897

4,977,647

38.81%

880,090

 

 

 

 

 

 

2.    Non-Operating Grants, Subsidies and Contributions

3,010,037

4,830,961

23,764,690

(37.69%)

(1,820,924)

 

 

 

 

 

 

Capital Revenue & (Expenditure)

 

 

 

 

3.    Land & Buildings

(2,219,614)

(5,764,084)

(8,381,113)

61.49%

3,544,470

Plant & Equipment

(1,249,017)

(3,066,675)

(4,855,350)

59.27%

1,817,658

Furniture & Equipment

(114,499)

(625,366)

(1,113,069)

81.69%

510,867

Infrastructure

(7,859,529)

(18,002,361)

(37,545,346)

56.34%

10,142,832

4.    Proceeds from Sale of Assets

255,155

596,050

3,409,080

(57.19%)

(340,895)

5.    Transfer to Restricted Assets

(451,382)

(35,063)

(60,100)

(1187.35%)

(416,319)

6.    Transfer from Restricted Assets

607,716

0

6,319,121

100.00%

607,716

7.    Transfer from Reserves

1,232,906

1,767,906

34,669,883

(30.26%)

(535,000)

 

Revenue from Ordinary Activities

Year to date (YTD) actual income from ordinary activities is $1.4M more than expected when compared to the YTD amended budget, with the following items meeting the material variance reporting threshold:

 

1.    Operating Grants, Subsidies and Contributions are $880K (net) better than amended budget. This variance is mainly due to the following:

·    Financial Services Reimbursements (10200) - $38K claim payment for storm damage to King St ramps and steps not yet allocated to the correct maintenance costs codes;

·    Legal Fees Reimbursements (10500) ($46K) – budget item included for a fine that was received in the 18/19 financial year.  A budget amendment was processed to move a portion of the fine from retained earnings to a legal reserve, however a further budget amendment to remove this revenue item is still being investigated;

·    Human Resources Reimbursements (10521) $37K - $18K due to conference and training reimbursements not budgeted for sufficiently and $19K received in workers comp reimbursements with all receipts budgeted in June;

·    Contributions to Airport Operations (11151) $49K – received December but budgeted in June;


 

·    Contributions YCAB (B1361) $27K – $4K from City of Kwinana for the youth conference received November, $20K from Rio Tinto received December as part of annual youth trainee sponsorship, and $3K from Lions Club received January.  Budget of $20K in March only;

·    Environmental Management Administration (10830) $172K – grant received for the Revitalizing Geographe Waterways Phase 2 project earlier than forecast;

·    Protective burning and firebreaks reserve (10931) $166K. This variance relates to receiving 50% grant awarded to the City under the mitigation activity fund (Emergency Services Levy) and will be subject to a Council report requesting that the 2019/20 budget be amended to reflect this additional income.  Details of the cost codes for this amendment are being finalised;

·    Bushfire Risk Management Planning Grants (10942) DFES $72K. This variance relates to the payment of grant in full for the bushfire risk planning coordinator position within the City of Busselton. This represents a timing difference between budget allocations (over 12 months), and actual funds received;

·    Preventative Services CLAG (10925) ($48K) – offset by budgeted expenditure that has not occurred, to the same amount;

·    Pre-Primary Building & Surrounds (B1503) $30K – grant was budgeted to be received in June 2020, but was received in November 2019;

·    Regional Waste Management Administration (11301) ($37K) – annual budget of $63K spread over 12 months, but no contributions have actually been invoiced or received YTD;

·    Reimbursements Old Butter Factory (B1401 & B9610) $371K – timing difference due to difficulties in predicting when LGIS would process the claims.  Advice received in January that claims have been processed.

 

Expenses from Ordinary Activities

Expenditure from ordinary activities is $2.9M or 6.05% less than expected when compared to the amended YTD budget.  No individual items exceed the variance reporting thresholds.

 

Non-Operating Grants, Subsidies and Contributions

2.    Non-Operating Grants, Subsidies and Contributions are less than budget by $1.8M with the main items impacting on the above result being the timing of the receipt of funding which is also offset with less than anticipated capital expenditure at this time.

 

Cost Code

Cost Code Description

Variance
YTD

Finance and Corporate Services

 (298,800)

10239

Contributions - Community Facilities

(439,330)

10250

Information & Communication Technology Services – Capital Grants Federal

144,956

Community and Commercial Services

524,978

10625

Art Geo Administration – Donated Assets

35,000

C6099

Airport Development - Project Grant

477,978

Planning and Development Services

(780,887)

B1015

Hithergreen District Bushfire Brigade – Donated Assets

(465,200)

B1024

Wilyabrup Bushfire Brigade – Donated Assets

(178,300)

B1029

Busselton Branch SES – Donated Assets

(97,200)

B9109

Hithergreen Building Renovations – Capital Grant

(40,187)


Council                                                                                      22                                                                  25 March 2020

 

Engineering and Works Services

(1,266,214)

C1512

Port Geographe Boat Ramp Renewal Works – Capital Grant

(96,250)

C3020

Donated Assets Parks, Gardens & Reserves

329,133

C3113

Busselton Tennis Club – Infrastructure – Contribution

80,000

C3168

Busselton Foreshore Jetty Precinct – Capital Grant

(179,795)

C3186

Lou Weston Oval – Courts – Contributions

(235,000)

F0019

College Avenue – MR Capital Grant

144,000

S0035

Strelly Street / Barlee Street Roundabout – MR Capital Grant

35,093

S0051

Causeway Road / Rosemary Drive Roundabout – MR Capital Grant

(266,669)

S0064

Peel Terrace (Stanley Pl/Cammilleri St Intersection Upgrade) – MR Capital Grant

(116,669)

S0069

Peel Terrace (Brown Street Intersection Upgrades) – MR Capital Grant

(58,331)

S0070

Peel & Queen Street Roundabout Service Relocation – MR Capital Grant

(91,669)

S0071

Ludlow-Hithergreen Road Safety Improvements – Fed Capital grant

461,200

S0072

Kaloorup Road - Reconstruct and Seal Shoulders – MR Capital Grant

100,000

T0019

Wonnerup South Road - Reconstruct and Widening (narrow seal) – RTR Capital Grant

(364,315)

T0085

Yoongarillup Road - Reconstruct Intersection at Vasse H/Way – RTR Capital Grant

(122,500)

T0086

Yoongarillup Road - Reconstruct & Widen (Western Section) – RTR Capital Grant

(862,225)

 

Capital Expenditure

3.    As at 31 January 2020, there is an underspend variance of 58.3% or $16M in total capital expenditure with YTD actual at $11.4M against the YTD amended budget of $27.5M.

 

The attachments to this report include detailed listings of all capital expenditure (project) items, however the main areas of variance are summarised as follows:

 

Cost Code

Cost Code Description

Variance
YTD

Land

(71,308)

10370

Busselton Cemetery

(71,308)

Buildings

3,615,778

B9516

Busselton Library Upgrade

297,125

B9109

Hithergreen Building Renovations

40,187

B9300/1/2

Aged Housing Capital Improvements (Winderlup, Harris Rd)

69,179

B9407

Busselton Senior Citizens

598,416

B9556

NCC Upgrade

41,665

B9591

Performing Arts Convention Centre

95,395

B9596

GLC Building Improvements

194,248

B9604

Womens Change Facility Bovell

(34,856)

B9605

Energy Efficiency Initiatives (Various Buildings

(14,520)

B9606

King Street Toilets

66,666

B9610

Old Butter Factory

(141,492)

B9716 & B9717

Airport Terminals

2,434,188

B9808

Busselton Jetty Tourist Park Upgrade

49,089

Plant & Equipment

1,817,658

10000

Members of Council

40,000

10250

Information & Communication Technology Services

35,000

11156

Airport Development Operations

599,087

11402

Plant Purchases (P10)

495,000

11403

Plant Purchases (P11)

265,369

11404

Plant Purchases (P12)

320,000

Furniture & Office Equipment

510,867

10250

Information & Communication Technology Services

364,939

11156

Airport Development Operations

162,084

Infrastructure By Class

10,142,832

 

Roads

2,249,326

 

Bridges

186,000

 

Car Parks

792,116

 

Footpaths & Cycleways

402,984

 

Parks, Gardens & Reserves

5,298,549

 

Drainage

86,258

 

Regional Airport & Industrial Park Infrastructure

1,127,598

 

Many of these items of under expenditure e.g. Main Roads construction works, also assists in explaining the above current YTD shortfall in Non-Operating Grants. In the main, many of these projects have yet to be completed and represent a timing difference.

 

Proceeds from Sale of Assets

4.    There is a variance for the proceeds from sale of assets of ($321K), due to timing in the changeover of vehicles and plant.

 

Transfer to Restricted Assets

5.    There is a variance in transfers to restricted assets of $416K more than amended budget. The reasons for this are as follows:

·    Transfer to deposits and bonds of $62K as opposed to a budget of $0. These funds do not have a budget allocation as they are not able to be reliably measured;

·    Interest earned on government grants of $33K transferred to restricted cash, for which there was no budget allocated as it was expected that the grant would have been utilized by this stage;

·    Additional bonds of $321K were received in relation to the next stage of the Dunsborough Lakes development.

 

Transfer from Restricted Assets

6.    There is a variance in transfers from restricted assets of $608K more than amended budget.   The main reason for this is as follows:

·    Transfer from Roadwork Bonds of $547K as opposed to a budget of $0.  These funds do not have a budget allocation as they are not able to be reliably measured.

 


 

Transfer from Reserves

7.    There is a variance for transfer from reserves of $535K less than amended budget. The reasons for this are as follows:

·    Transfer from Jetty Maintenance Reserve of $425K did not occur due to works not being undertaken on cost code C3497 (part of the Parks, Gardens & Reserves variance shown above), for the following reasons:

i.                     The previous expenditure figure was based on the 50 year plan.

ii.                   The 5 year structural review undertaken in 2019/2020 discovered that the Jetty was in better condition than forecast in the 50 year plan.  Capital works planned for 2020 have been deferred to 2030.

iii.                 Requests for Tenders issued for maintenance works per the 5 year plan are to be awarded at the Council meeting on 29 January 2020.

iv.                 As a result budget figures have been revised for next the 5 financial years to reflect the 5 year plan.

·    Transfer from the Election, Valuation & Corporate Expenses Reserve of $110K that has not occurred to cover the $97K bill from the Electoral Commission and approximately $4K in internal staff costs.  This will appear in the February accounts.

 

Investment Report

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

 

As at 31 January 2020, the value of the City’s invested funds totalled $77.48M, down from $81.48M as at 31 December 2019. The reduction is due to funds being transferred to the cheque account to meet ongoing normal operating costs.

 

During the month of January three term deposits totalling the amount of $9.0M matured. One was closed, and another partially closed. Those rolled were renewed for a further 151 days at 1.66% on average.

 

The balance of the 11am account (an intermediary account which offers immediate access to the funds compared to the term deposits and a higher rate of return compared to the cheque account) remained steady.

 

The balance of the Airport Development ANZ and WATC cash accounts remained steady.

 

The RBA announced no rate changes in January and February. Future movements are unknown at this time although further drops are possible in coming months.

 

Chief Executive Officer – Corporate Credit Card

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

 

Date

$ Amount

Payee

Description

03-Jan-20

172.80

EHB Holidings Pty Ltd Busselton

+ Senior Staff Lunch - Esplanade Hotel

10-Jan-20

892.20

Australian Coastal Council

National Forum Perth Registration

14-Jan-20

24.99

Repco

Mats for Car

15-Jan-20

1,000.00

The Salvation Army

Bushfire Disaster Recovery Donation

15-Jan-20

1,000.00

Shout for Good Pty Ltd

Bushfire Disaster Recovery Donation

15-Jan-20

1,000.00

Community Enterprise Foundation

Bushfire Disaster Recovery Donation

15-Jan-20

1,000.00

St Vincent De Paul Society

Bushfire Disaster Recovery Donation

16-Jan-20

95.00

Vasse Flowers

Flower Arrangement - P. Vukelic

16-Jan-20

1,219.00

Eventbrite

*LGCOG Conference Tickets Hobart

20-Jan-20

1,240.80

Booking.com Australia

*LGCOG Conference Hobart Accomodation

20-Jan-20

891.36

Qantas Airways

*LGCOG Conference Flights

20-Jan-20

444.40

Jetstar Air

*LGCOG Conference Flights

21-Jan-20

1,000.00

Redcross.org.au

Bushfire Disaster Recovery Donation

22-Jan-20

687.58

Qantas Airways

*LGCOG Conference Flights

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

+ Allocated against CEO Hospitality Expenses Allowance

Statutory Environment

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

Relevant Plans and Policies

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

Financial Implications

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

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

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

 

CONCLUSION

As at 31 January 2020, the City’s financial performance is considered satisfactory.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Not applicable.

 

 


Council

26

25 March 2020

12.2

Attachment a

Investment Report January 2020

 


Council

41

25 March 2020

12.2

Attachment b

Financial Activity Statement January 2020

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council                                                                                      59                                                                  25 March 2020

13.             Planning and Development Services Report

13.1           APPLICATION FOR DEVELOPMENT APPROVAL (DA18/0674) - PROPOSED EXTRACTIVE (SAND AND GRAVEL) - LOT 101 (285) GIBB ROAD - SECOND REPORT FOLLOWING DEFERRAL OF DETERMINATION BY COUNCIL

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Development/Planning Applications

BUSINESS UNIT

Statutory Planning

REPORTING OFFICER

Senior Development Planner – Policy - Stephanie Navarro

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

Quasi-Judicial: to determine an application/matter that directly affects a person’s right and interests e.g. development applications, applications for other permits/licences, leases and other decisions that may be appealable to the State Admin Tribunal.

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Location Plan

Attachment b    Site Plan

Attachment c    Explanatory Reports and Management Plans

Attachment d   Summary of Submissions - Initial Round (2018)

Attachment e    Summary of Submissions - Second Round (2019)

Attachment f    Proposed Plans/Documents To Be Approved

Attachment g   Traffic Count Data

Attachment h   Traffic Consultant (Riley Consulting) Advice  

 

OFFICER RECOMMENDATION

That the Council determines:

A.         That application DA18/0674 submitted for development of Industry – Extractive (Sand and Gravel) at Lot 101 (285) Gibb Road, Kaloorup, is considered by the Council to be generally consistent with Local Planning Scheme No. 21 and the objectives of the zone within which it is located.

 

B.         That Development Approval is granted for the proposal referred to in (A) above subject to the  following conditions:-

 

General Conditions

 

1.         The development hereby approved is permitted to operate for five years from the date of this Decision Notice or until 141,375 tonnes of material has been extracted, whichever is earlier. The site must be fully rehabilitated in accordance with the approved Closure Plan before the expiry date of this development approval.

 

2.         The owner must ensure that the development hereby approved is undertaken in accordance with the approved plans, which are as follows, and any plans approved pursuant to other conditions of approval:

 

2.1      ‘Excavation – Rehabilitation Management Plan, Sand Excavation, Lot 101, Gibb Road, Kaloorup’ (dated 30 November 2019), specifically:

(i)       Figure 3 Concept Final Contours;

(ii)      Part 7.0 Noise Management;

(iii)    Part 11.0 Closure Plan;

(iv)     Figure 3 Sand Resource Proposed Staging; and

(v)      Figure 7 Depth to the perched water table and soil test holes.

 

2.2      ‘Amended Traffic Route and Management Plan’ (dated 13 September 2019).

 

Prior to Commencement of any DEVELOPMENT conditions:

 

3.         The owner must ensure that no material is extracted from the site or any other works undertaken until the following plans/details have been submitted to, and approved by, the City: 

 

3.1      A Tree Protection Plan outlining temporary demarcation barriers to be erected 15 metres from the crown drip zone of trees to protect the tree and root system from accidental machinery damage.

 

3.2     A revised Dust Management Plan, including additional details validating the water supply available for dust suppression.

 

3.3     A revised Dieback Management Plan prepared by a dieback management consultant accredited with Department of Biodiversity, Conservation and Attractions, including additional details of monitoring and compliance over the life of the development.

 

3.4      A revised Water Management Plan, including additional details regarding stormwater retention measures to prevent the flow of stormwater into the tributaries of the Carbunup River.

 

3.5      Plans for the widening of Gibb Road to a minimum unsealed carriageway width of 7.0 metres from the crossover to the subject site north to the sealed section of Gibb Road (such plans shall specify the width, alignment, gradient and type of construction proposed for the upgrades, including all relevant horizontal cross-sections and longitudinal-sections showing existing and proposed levels, together with details of culverts and where necessary how such culverts will be upgraded).

 

3.6      Details of upgrades to the crossover to ensure that adequate sightlines are achieved.

 

3.7      Details of warning signage to be erected along the transport route. Signage shall include signs on both approaches to the pit along Gibb Road 100 metres from the crossover.

 

3.8      A 3D Digital Terrain Model indicating the following in Australian Height Datum:

(i)        Existing ground levels;

(ii)       Maximum extraction depths; and

(iii)      Minimum final ground levels after rehabilitation.

 

3.9      The following bonds being provided to the City: 

(i)        A road maintenance bond of $20,000 (being an unconditional bank guarantee) to ensure that the surrounding road network is maintained to the satisfaction of the City for the term of the approval. Those portions of public roads affected by the activities related to the approval shall be maintained to a standard acceptable to the City. The City may use the bond to maintain the affected public roads as it deems necessary.

(ii)      A dust bond to the value of $5,000 (being an unconditional bank guarantee), which shall be held against satisfactory compliance with the Dust Management Plan.

 

(iii)     A rehabilitation bond to the value of $20,000 (being an unconditional bank guarantee), which shall be held against satisfactory compliance with the Closure Plan.

 

(iv)     Further to Conditions 3.9(i) – 3(iii), the bonds are to be accompanied by an executed legal agreement with the City (with the costs of preparation of that agreement not being borne by the City). The legal agreement shall provide for:

 

(a)       The ability for the City to be able to use the bonds, or parts of the bonds as appropriate, and any costs to the City including administrative costs of completing or rectifying any outstanding works in accordance with the conditions of this development approval and any further costs;

 

(b)       Written authorisation from the owner of the land that the City may enter the site at any time and permit the City to complete or rectify any outstanding work to the satisfaction of the City;

 

(c)       If at any time any part of the bond is called upon, used or applied by the City in accordance with the legal agreement, the restoration of the bond to the full amount required by these conditions; and

 

(d)       The ability to lodge a caveat over the site to secure the City’s interest.

 

Prior to COMMENCEMENT OF EXTRACTION CONDITIONS:

 

4.         The owner must ensure that no material is extracted until information setting out that and how the plans and details required by Conditions 2 and 3 have been implemented has been provided to the satisfaction of the City, and the City has subsequently issued a ‘Permit to Commence’, confirming that extraction can commence.

 

Prior to COMMENCEMENT OF EXTRACTION, OTHER THAN EXTRACTION FOR UPGRADES TO GIBB ROAD:

 

5.         Notwithstanding Condition 4 above, gravel can be extracted from and crushed on the site for the purpose of upgrading Gibb Road and/or the crossover, in the following circumstances:

 

5.1       Where all plans, details and bonds required by Condition 3 have been provided to and approved by the City, and implemented to the satisfaction of the City; and

 

5.2       With the prior written approval of the City.

 

OnGoing Conditions:

 

6.         The owner must ensure that the plans, details and works undertaken to satisfy Conditions 1, 2, 3 and 4 are subsequently implemented and maintained for the life of the development and, in addition, the following conditions must be complied with:

 

6.1       The development hereby approved shall be limited to: the excavation or movement of sand and gravel from its natural state on the site; screening of sand; crushing of gravel; transportation of sand and gravel within or off the site; associated drainage works and access ways; and rehabilitation works. At no time shall any blasting works be carried out.

 

6.2       Notwithstanding Condition 6.1, Cells 1 and 2 are limited to the extraction of sand only, and no crushing can be undertaken within Cells 1, 2, 3 or 4, or outside the approved extraction area. Cells are as indicated on the approved plans (Figure 3 Sand Resource Proposed Staging).

 

6.3       Working hours, including transportation of materials, shall be restricted to the hours between: 7.00am and 6.00pm Mondays to Fridays; and 7.00am and 1.00pm Saturdays for rehabilitation works only; and at no time on Sundays or public holidays.

 

6.4       Trucks going to and from the Approved Development are not to operate on Monday to Friday between the hours of 7.30am and 8.50am and between 3.15pm and 4.30pm on any given school day or between other times as agreed in writing between the applicant and the City.

 

6.5       The designated haulage route to Bussell Highway will be northwards along Gibb Road to North Jindong Road and then west along Roy Road. No other routes may be used, until trucks have reached Bussell Highway.

 

6.6       A maximum number of 20 truck movements (i.e. 10 trucks entering and 10 trucks exiting the site) shall be permitted on any operating day. No truck movements shall be permitted on any other day.

 

6.7       Notwithstanding Conditions 6.5 and 6.6 above, should more than 20 truck movements per day and/or an alternative haulage route be proposed, a Traffic Management Plan is to be submitted to and approved in writing by the City; with the Plan being submitted to the City at least 7 working days prior to any haulage not consistent with Conditions 6.5 or 6.6 occurring.

 

Note: The City will not approve additional truck movements and/or an alternative haulage route for more than 20 working days in any calendar year. Any additional days will require a Modification to Development Approval to be submitted to, and approved by, the City.

 

6.8       No more than 2 hectares shall be worked at any one time; this area shall then be rehabilitated in accordance with the approved details pursuant to Condition 2.1(iii) concurrently with the extraction of the following 2 hectare area.

 

6.9       No excavation can occur closer than 300mm to the maximum winter perched water table generally as indicated in ‘Figure 7 Depth to the perched water table and soil test holes’ or at a depth greater than that indicated in the 3D Model Terrain Diagram as the maximum extraction depth (condition 3.8 refers) whichever is greater. No dewatering works are to be undertaken.

 

6.10    The final land surface (after rehabilitation for pasture) must be a minimum of 500mm above the maximum winter perched water table, generally as indicated in ‘Figure 3 Concept Final Contours’, and at a height no less than that indicated in the 3D Model Terrain Diagram as the minimum final ground level (condition 3.8 refers) whichever is greater.

6.11    The owner must ensure submission to the City annually within three months of every anniversary of the issue of the Permit to Commence certificate a written report detailing the following to the satisfaction of the City:

 

(a)       A survey conducted by a licensed surveyor certifying:

(i)   The extent/size and location of the area which has been extracted;

(ii)  The extent/size and location of the area which has been rehabilitated;

(iii) The extent/size and location of the area which is currently under operation;

 

(b)       Details confirming that the conditions of this approval have been complied with and how the conditions have been complied with; and

 

(c)       No extraction operations, including stockpiling or transportation of extracted material, is to be undertaken on the site at any time when an annual written report is due and has not been submitted to the City.

 

6.12    No development (including any extraction) may be carried out at any time when any bond that is required to be in force and effect under Condition 3.9 is not in full force and effect.

C.         The City approach Main Roads following the upgrades to Gibb Road to apply and post a speed limit to the unsealed portion of Gibb Road.

 

EXECUTIVE SUMMARY

The City has received a development application for an ‘Industry – Extractive’ to extract 200,000 tonnes of sand and gravel over an area of 20.94 hectares at Lot 101 (285) Gibb Road, Kaloorup. Due to the nature of the issues requiring consideration and the level of community interest, the application is being presented to Council for determination, rather than being determined by City officers acting under delegated authority.

 

Having considered the application, including submissions received in relation to the application, City officers consider that the application is consistent with the City of Busselton Local Planning Scheme No. 21 (Scheme) and the broader, relevant planning framework including Local Planning Policy 5A – Extractive Industries (LPP5A).

 

It is therefore recommended that the application be approved, subject to appropriate conditions.

 

The Council at its Ordinary Meeting on 12 February 2020 considered a report on the application and resolved to defer a decision on the development application until a later Ordinary Meeting date on 11 March 2020 (C2002/030 refers).

 

The reasons given for the deferral were as follows:

‘To allow a fully informed decision to be made regarding this application, further information is required outlining the non-compliance issues/audits carried out on approved extractive industry operations; clarification of the traffic count and the figure at which a road is sealed; clarification of the residential density of the area; and further discussion of the conditions of the application is required.’

 

Due to the nature of issues identified as reasons for deferral, and the necessary studies and analysis that looked to be expected by Councillors, on the recommendation of officers the Council resolved to further defer a decision on the application for another two weeks until its Ordinary Meeting on 25 March 2020 (C2002/070 refers).

BACKGROUND

The key information regarding the application is unchanged from the initial report and is outlined again below:

1.         Landowner/s: Margaret River Natural Resources Pty Ltd

2.         Applicant: Margaret River Natural Resources Pty Ltd

3.         Site area: 91.66 hectares

4.         General description of site: Lot 101 (285) Gibb Road is located approximately 2.5 kilometres south of the intersection of Gibb, Payne and North Jindong Roads. There are three other extractive industry sites approved and operating on surrounding lots within one kilometre of the site and another three within two kilometres of the site. The surrounding lots are predominately used for agricultural purposes, however, there are a number of Bushland Protection zoned lots located to the north-west of the site, plus a number of dwellings and some tourism related uses.

5.         Current development/use: The lot is currently used for agricultural purposes.

6.         Brief description of proposed development: The applicant proposed to extract 200,000 tonnes of sand and gravel with an extraction depth of one to three metres within an area of 20.94 hectares.

The applicant originally proposed to transport the materials to Gale Road by taking access through two surrounding lots (being Lot 1 and Lot 4205 Gale Road). Further investigation into the traffic volumes along Gibb Road (which fronts the lot) confirmed that, based on the current traffic volumes along Gibb Road, the additional truck movements from the proposal would not trigger the requirement for the gravel portion of Gibb Road to be sealed and therefore the haulage route was modified.

The proposed haulage route is northwards along Gibb Road to North Jindong Road, then west along Roy Road to Bussell Highway. The applicant has agreed to limit the maximum truck movements so that the total vehicle movements, taking into consideration the additional vehicle movements from the proposal and the existing traffic volumes along Gibb Road, are not likely to exceed the maximum vehicle movements for a gravel road as set by the relevant planning framework.

7.         Applicable Zoning and Special Control Area designations: The site is located within the Rural Zone.

8.         Land-use permissibility: Industry – Extractive is an ‘A’ use in the Rural Zone, meaning that it is a use that may be permitted in the Zone at the reasonable discretion of the City, following a compulsory period of consultation and consideration of any submissions received. Under LPP5A the site is located within Policy Area 3, which is considered less constrained than other policy areas due to the primarily agriculture nature of the area.

 

The following attachments are unchanged from the initial Council report presented to the Council at its meet on 12 February 2020 and are attached to this report:

·        Attachment A: Location plan.

·        Attachment B: Site plan.

·        Attachment C: Explanatory reports and management plans.

·        Attachment D: Schedule of submissions – initial round.

·        Attachment E: Schedule of submissions – second round.

·        Attachment F: Proposed plans/documents to be approved.

The following are additional to those attached to the original report:

·        Attachment G: Traffic Count Data;

·        Attachment F: Traffic Consultant, Riley Consulting, advice.

 

OFFICER COMMENT

Subsequent to the Council’s resolution at its Ordinary Meeting on 12 February 2020 to defer a determination of the application, the City has undertaken further assessment, including additional traffic monitoring and the obtaining of independent advice from a traffic consultant. In addition, the proposal and applicable requirements have been further examined. In light of this further work, the Officer Recommendation on the proposal remains largely unchanged with the exception of the following modifications to the recommended conditions:

 

·        Modifications to header condition 2, 3 and 4 to put the onus of compliance more clearly onto the owner to improve enforceability of the condition;

·        Addition of a new ‘prior to commencement condition’ (condition 3.8) to require a 3D Digital Terrain Model to improve enforceability of conditions related to the maximum extraction level and the minimum post-extraction ground level, relative to ground water; and

·        Addition of a note to condition 6.7 to limit the application of the condition which allows temporarily higher traffic volumes, or a modified haulage route to 20 working days per calendar year. Officers still consider this condition appropriate as there may be circumstances where additional truck movements and/or an alternative haulage route may be necessary.

 

In addition to the above, Officer Recommendation ‘C.’ has been added in response to the comments made by the independent traffic consultant. While the traffic consultant indicated that based on the proposed traffic volumes they did not consider additional traffic controls were required, they did indicate that a posted speed limit may be considered. Following the completion of the upgrades to the unsealed portion of Gibb Road, monitoring will be required to determine the volume and speeds of traffic. Officers will then be able to submit this information to Main Roads and request they undertake an assessment to determine if it is necessary to apply a posted speed limit of this portion of Gibb Road. 

 

The main issues considered relevant for detailed discussion in this report are as follows:

·    General considerations when making a decision on a development application;

·    Conservation covenant lots;

·    Amenity impacts;

·    Traffic volumes;

·    Water usage volumes and sources; and

·    Fuel storage on site.

 

Each of these issues are addressed below under the relevant heading.

 


 

General considerations when making a decision on a development application

When considering a development application for a discretionary land use, including any land use designated as “D” or “A” land use under Table 2 - The Zoning Table of the Scheme, a decision-maker is required to exercise discretion when approving the development. The exercise of discretion should take into account relevant considerations as identified within Clause 67 – Matters to be considered by local government of Schedule 2 Deemed Provisions for local planning schemes of the Planning and Development (Local Planning Schemes) Regulations 2015 (Matters to be Considered). The decision-maker has an obligation to exercise their statutory responsibilities appropriately and a decision is required to be based upon sound planning principles.

 

The Matters to be Considered which are relevant to this development application are outlined in the Statutory Environment section of this report. If an item or issue is not listed as a Matter to be Considered, it is not deemed to be a valid planning consideration and therefore is not to be given regard in the determination of a development application. 

 

A number of issues were explored in the previous Council report in response to concerns raised in a petition and submissions on the proposal. While these matters where discussed within the Council report, it was also identified that these matters relate to the setting of the relevant planning framework and not individual decisions on development applications. While further discussion addressing these issues has been provided below, it has been provided to address the concerns raised by the community and/or Councillors, however, as these are not considered to be valid planning consideration, they have not been considered by officers in determining the recommendation of this report.

 

The improvement of the region, including ‘economic development’ is one of the broader aims of the Scheme, however economic considerations are not listed as a Matter to be Considered within the Regulations. Economic considerations per se should therefore only be considered when setting the planning framework and not when making a determination on an individual development application.

 

A decision to refuse a development application cannot be made on the assumption that a proposal will not comply with the development approval. The assessment and determination of a development application must be based on what has been applied for and the compliance of that proposal with the applicable requirements. Conditions may be enforced to maintain control of the operations of the activity over time. These conditions must be fair and reasonable in relation to the development and must not be so unreasonable that no other reasonable planning authority could have imposed them. 

 

The proposed conditions that form part of the Officer’s Recommendation for this application have been very carefully drafted to improve the clarity of the conditions and impose new conditions to better facilitate compliance. An example of a new condition, which has only been recently imposed on development approvals for extractive operations, is recommended condition 6.11, which requires an annual audit report to be submitted by the owner. The annual audit report is required to identify the areas of the site which have been extracted, and the areas that have been rehabilitated and detail the manner in which the conditions of development approval have been met. If the annual audit report is not submitted within the specified timeframe, then no lawful extraction or transport of materials may occur until the situation has been rectified.

 


 

Conservation covenant lots

There are ‘conservation covenants’ on Lots 51, 52 and 53 Gibb Road (all zoned ‘Bushland Protection’) to the benefit of the Department of Biodiversity, Conservation and Attractions (DBCA). These ‘conservation covenants’ only relate to the land which they apply to and any actions which take place on that land. The conservation covenants do not impose any limitations or restrictions on development on any other land. 

 

DBCA have advised that their only concerns in relation to Lots 51, 52 and 53 would be if the road was widened resulting in the accidental removal of vegetation located within one of these lots that is protected by the conservation covenant. As the applicant will be required to submit details of the proposed road widening to the City, the City will require all works to be contained within the road reserve (which at 20m wide is considered to be more than adequate to contain the required road widening). No works will be able to take place within an adjoining lot without the consent of the owner of that lot.

 

Amenity impacts

A number of concerns have been raised in relation to the potential impact of the proposal on the “residential amenity” of the area. It is noted that the site is zoned ‘Rural’ and is surrounded by ‘Rural’ zoned properties, with the exception of the three ‘Bushland Protection’ lots identified above. In AGC Earthmoving Group Pty Ltd and Shire of Mundaring [2008] WASAT 151, the SAT dealt with the 'central question' of rural amenity, and the position of the rural residents who objected to an extractive industry on this basis. The SAT decision stated as follows:

Even allowing for the fact that rural areas are not immune from noise and related issues (“Rural areas generate a variety of "externalities" ­ mainly noise and dust emissions. One cannot expect to reside in such a zone and necessarily expect a quiet and serene rural environment.” : Marley­ Duncan v Corporation of the Town of Gawler [2003] SAERDC 28 … cited in Self and Shire of Serpentine­ Jarrahdale [2005] WASAT 140 … the objectors [in AGC] still remain troubled that their 'idyllic' lifestyle might be affected by an activity (here an extractive industry) which they see as wholly counter to the notions of rural living, especially in an area such as here where the subject land forms a 'quiet rural cul-de-sac'.  However, it is well settled that the noise and other nuisances that may be expected from the class of potential activities permitted or contemplated (if approved) in rural areas produces no absolutes in favour of objecting residents…

It is therefore considered that due to the zoning of the property, and surrounding area, that a different level of consideration to “amenity” should be given to that of an area zoned ‘Residential’. While it is noted that there are sensitive premises located on surrounding lots, the zone in which they are located is one set aside for rural activities often, if not always, associated with a degree of impact.

 

The main emissions generated from an extractive operation that have the potential to have a detrimental impact upon the amenity of surrounding properties are noise and dust. In line with the requirements of the Environmental Protection Act 1986, it is necessary for individual operators to take all reasonable and practicable measures to prevent or minimise emissions from their premise. It is generally expected that, through appropriate site layout and design as well the implementation of adequate management plans, emissions from an individual extractive operation can be prevented from causing an adverse impact beyond the boundaries of the particular site. Generally, impacts will decrease with increasing distance from the source of the emission and therefore buffer distances are applied.

 


 

The Environmental Protection Authority Guidance Statement No.3 (EPA Guidance Statement) provides advice on generic separation distances between specific industries and sensitive land uses to avoid or minimise the potential for land use conflict. The distances outlined in the EPA Guidance Statement are not intended to be absolute separation distances, rather they are a default distance for the purposes of:

·        identifying the need for specific separation distance or buffer definition studies; and

·        providing general guidance on separation distances in the absence of site specific technical studies.

Where a lesser setback is proposed than that identified within the EPA Guidance Statement, it is not adequate justification for an application to not be supported, but rather that site-specific investigations are to be undertaken and reports demonstrating that the separation distance will meet acceptability criteria be submitted. Furthermore, enforceable management techniques should be applied to ensure an appropriate outcome.

 

DWER have advised the City that the extraction of gravel is not to be assessed against the hard rock requirements of the EPA Guidance Statement, therefore in relation to separation distances, the EPA Guidance Statement provides the following generic buffer distances applicable to this application:

 

·        Sand and limestone extraction (No grinding or milling works): 300m – 500m (depending on size);

·        Gravel extraction (not including crushing): case by case; and

·        Crushing of gravel: No set standard applies as not considered to be hard rock and therefore the ‘crushing of building materials’ buffer is applied at 1km.

 

The City’s LPP5A states as follows in relation to setback distances:

Notwithstanding 6.2.1 and 6.2.2 above, the extraction of sand and limestone may be located less than 500m but generally no closer than 300m from a sensitive land use dependent upon the nature and scale of the operation and the content of a Dust and Noise Management Plan including consideration of the requirement for dust and noise measuring equipment to be installed within the site for the duration of the extraction process. However this will not apply to the extraction of basalt and other hard rock quarrying which requires greater setback distances (generally a minimum of 1000m) to a sensitive land use.

 

In relation to this development application, all of the surrounding dwellings meet the recommended setbacks for the extraction of sand under the EPA Guidance Statement and LPP5A of 500m.

 

It is noted that the extraction of gravel is proposed to be excluded from Cells 1 and 2 as per recommended condition 6.2 of the Officer Recommendation. This results in six dwellings located within 1km of Cells 3 and 4 which are proposed to be used for the extraction of gravel. This exclusion is proposed to increase the setback of gravel extraction from the majority of surrounding sensitive land uses while still maintaining Cells 3 and 4 for the extraction of gravel to be used in the upgrades of Gibb Road. As the operations will be required to comply with the Environmental Protection (Noise) Regulations 1997 and dust will be required to be contained on site via the requirements of the Dust Management Plan and Dust and Building Waste Local Law, it is considered that these external impacts will be adequately addressed and therefore the proposed setbacks are appropriate.

 

Crushing of materials is limited, via proposed condition 6.2 of the Officer Recommendation, to 1km from any sensitive premises. This is consistent with the recommended buffer distance under the EPA Guidance Statement.

 

The EPA Guidance Statement and LPP5A do not address separation distances of a sensitive premises from a proposed haulage route. This matter, in particular in relation to dust, has been addressed further under the Traffic heading below.

 

Traffic

Dust from use of gravel road

In the last 5–10 years, the City has approved several extractive operations which proposed to use gravel roads as part of their haulage route. The most relevant of those was an extractive operation that was approved along Haag Road. The original approval of the development application for an extractive at the site required the sealing of Haag Road at the applicant’s expense via a condition of approval. The applicant subsequently appealed this condition at the SAT, resulting in approval using an upgraded, but still gravel, road.

 

The City’s Dust and Building Waste Control Local Law (Local Law) deals with dust from a site and requires it to be contained within the site. In addition, the Local Law also requires dust from a loaded vehicle travelling on a road to be contained via “effective measures” to ensure that the load cannot escape from the vehicle. The Local Law does not deal with dust generated from a vehicle travelling along a road. The City’s LPP5A also does not deal with setbacks of sensitive land uses, including dwellings, from a road in relation to potential impacts from dust as a result of additional traffic using a gravel road.

 

While a recent SAT case, Joynson and Shire of Capel [2020] WASAT 21, dealt with the potential amenity impacts along a gravel haulage route of a proposed extraction, officers consider that the circumstances in this case are different to the current development application. In the SAT case, the haulage route was proposed to travel past four ‘Special Rural’ zoned lots (similar to the City’s Rural Residential zone). The four dwellings on these lots were setback 35m-100m from the road with little to no vegetation between the dwellings and the gravel road in most cases.

 

In this instance, there are five dwellings within 100m–200m of the proposed gravel portion of the haulage route along Gibb Road. The additional setback to the road and vegetation along the western side of Gibb Road means that the situation is quite different to the Capel case cited above.

 

Traffic Volumes

The City undertook further traffic counts along Gibb Road. Data was collected from 19 February 2020 until 9 March 2020. Three traffic counters were installed along Gibb Road at the following locations:

·        Counter 1: 800m south of the intersection with Payne Road:

·        Counter 2: 2.6km north of the intersection with Gale Road:

·        Counter 3: 50m north of the intersection with Gale Road.

 

Over the time in which the data was collected the following maximum average vehicle per day (vpd) were recorded:

·        Counter 1: weekday vpd 61.6, total vpd 52.8;

·        Counter 2: weekday vpd 33.1, total vpd 33.4;

·        Counter 3: weekday vpd 46.4, total vpd 47.6.

 

The data that was collected also indicated that between 84.6% - 85.9% of the traffic was Class 1 vehicles as classified by the Austroad Vehicle Classification system which includes vehicles up to 5.5m in length not towing anything (i.e. sedan, wagon, 4WD etc.). 3.9% - 6% were Class 2 vehicles including vehicles up to 5.5m towing a trailer, caravan or boat. The remainder of the vehicles, 7.9% - 11.4%, were larger vehicles and therefore of a higher class.

A map indicating the location of the traffic counters, as well as the data from the traffic counter, is provided at Attachment G.

 

In addition to the above, the City obtained independent advice from a traffic consultant. The traffic consultant advised that while LPP5A should be given consideration for the requirements of road upgrades, due to the age of the LPP it is outdated and has not kept up with current standards, including Austroad Guidelines.

 

The Austroad Guidelines detail standards for the design of sealed roads in Western Australia. As Austroad does not deal with unsealed roads, Main Roads advise that for guidance on the design of unsealed roads, reference is made to the "ARRB Unsealed roads manual Guidelines to good practice 3rd edition March 2009-08-19" (ARRB Guidelines).Under the ARRB Guidelines, the carriageway requirements for roads with ‘very low volumes’ (less than 150vpd) is one lane with a carriageway width (including shoulders) of 5m–6m. This standard allows for vehicle to pass each other by riding half on the traffic land and half on the shoulders. ARRB Guidelines state that roads carrying ‘heavy or long vehicles towing multiple trailers’ (i.e. any vehicle greater in length or weight than an ‘as-of-right’ vehicle) should require additional road width in the order of 200mm per lane. It is considered that by requiring the carriageway width to be widened to 7m, adequate lane width is provided for two semi-trailers to pass. Taking into account the proposed maximum vehicle movements per day, it is considered that the likelihood of this occurring is relatively low, however, if this does occur it can be accommodated in the wider carriageway width.

 

A copy of the advice from the traffic consultant is provided at Attachments H.

 

There is not considered to be any planning basis on which to either refuse the application on traffic grounds, or require a more significant upgrade than what is recommended.

 

Water usage volumes and sources

The City requested further information from the applicant clarifying the amount of water that will be required during operation of the extractive and where this water will be sourced. The applicant has advised that 1,000KL (or one million litres) of water will be required per annum for dust suppression on the site. No water is proposed to be used for the processing of sand and/or gravel as well as for the wash down of vehicles. The City has confirmed this figure with DWER, who have confirmed that this amount is reasonable and would allow for approximately 25 applications of water to an entire open pit area of two hectares.

 

In relation to the existing soak that is on the site, DWER have advised that water taken from this source for ordinary domestic and non-intensive stock watering purposes are exempt from licensing, however all “take” from this resource for commercial use requires a section 5C licence under the Rights in Water and Irrigation Act 1914 (RIWI Act). DWER has confirmed that there is no current water entitlements or section 5C licence assigned to the property and that the allocation limit for the surficial aquifer (water table) in this area has been reached. Under DWER’s policies within the South West Groundwater Areas Allocation Plan (2009), once a water resource is fully allocated, no new allocations may be granted by the Department. Therefore, the applicant will need to consider alternative water supplies or purchase an allocation from the surficial resource through a trade or lease agreement with an existing licence holder, to secure an authorised water supply for the proposed development under the RIWI Act.     

 

Condition 3.2 of the officer recommendation requires the applicant to provide details of their water supply to implement their Dust Management Plan before they commence any extraction.

 


 

Fuel storage on site

There is fuel stored on the site and it is expected that will continue. While the City does not require development approval for the incidental storage of fuels associated with the use of a rural site, separate approvals from the Department of Mines, Industry Regulations and Safety (DMIRS) are required in some instances under the Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007 (Dangerous Goods Regulations). DMIRS requirements specify a number of exemptions for fuel storage and only requires approval for the storage of certain fuels and/or the storage of certain quantities of fuels over specified thresholds. Should approvals be required for the storage of fuels on the site under the Dangerous Goods Regulations, the owner would be required to make separate application to DMIRS.

 

Water Quality Protection Note No. 56 – Tanks for fuel and chemical storage near sensitive water resources from DWER would also apply. It is noted that on extractive industry approvals the City, via an advice note, advises applicants that fuels should not be stored within the extracted pit area due to the proximity of the pit floor to the water table and increased change of contamination of the water table should a spill occur. The storage of fuel within the pit area is not proposed as part of this application.

 

Statutory Environment

The key statutory environment is set out in the City of Busselton Local Planning Scheme 21 (Scheme), the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations), Schedule 2 of which is the ‘deemed provisions’, which also functionally form part of the Scheme. The key aspects of the Scheme and Regulations relevant to consideration of the application are set out below.

 

Zoning

The site is zoned ‘Rural’. The objectives of the ‘Rural’ zone are as follows:

a.         To provide for the maintenance or enhancement of specific local rural character.

b.         To protect broad acre agricultural activities such as cropping and grazing and intensive uses such as viticulture and horticulture as primary uses, with other rural activities as secondary uses in circumstances where they demonstrate compatibility with the primary use.

c.         To maintain and enhance the environmental qualities of the landscape, vegetation, soils and waterways, to protect sensitive areas especially the natural valley and watercourse systems from damage.

d.         To provide for the operation and development of existing, future and potential rural land uses by limiting the introduction of sensitive land uses.

e.         To provide for a range of non-rural land uses where they have demonstrated benefit and are compatible with surrounding rural uses.

f.          To provide for development and expansion of the viticultural, winemaking and associated tourism activities and other industries related to agricultural activities, in addition to general rural pursuits, in a manner that does not cause adverse environmental impact.

g.         To provide for the extraction of basic raw materials, where appropriate.

 

The proposal is considered to satisfy the objectives of the zone.

 


 

Land-use and permissibility

The proposed land uses is defined as follows:

“Industry – Extractive” means premises, other than premises used for mining operations, that are used for the extraction of basic raw materials including by means of ripping, blasting or dredging and may include facilities for any of the following purposes –

(a)       the processing of raw materials including crushing, screening, washing, blending or grading,

(b)       activities associated with the extraction of basic raw materials including wastewater treatment, storage, rehabilitation, loading, transportation, maintenance and administration.

 

Industry - Extractive is identified as an ‘A’ or advertised use within the Rural zone.

 

Matters to be considered

Clause 67 of the deemed provisions within the Regulations sets out ‘matters to be considered’ by a local government in considering an application for development approval. The following matters are considered to be relevant to consideration of this application:

 

(d)       any environmental protection policy approved under the Environmental Protection Act 1986 section 31(d);

(g)       any local planning policy for the Scheme area;

(m)     the compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance;

(n)       the amenity of the locality including the following —

(i)        environmental impacts of the development;

(ii)       the character of the locality;

(i)        social impacts of the development;

(o)       the likely effect of the development on the natural environment or water resources and any means that are proposed to protect or to mitigate impacts on the natural environment or the water resource;

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

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

(s)        the adequacy of —

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

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

(t)        the amount of traffic likely to be generated by the development, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety;

(x)       the impact of the development on the community as a whole notwithstanding the impact of the development on particular individuals;

(y)       any submissions received on the application;…

 

Relevant Plans and Policies

A Matter to be Considered which is required to be given due regard when determining a development application includes any applicable LPP, which in this instance is LPP5A. LPPs are prepared by a local government to provide additional information about the position that local government will take on certain planning matters. LPPs are not part of a local planning scheme and as such cannot impose any mandatory requirement upon development, however, they may provide guidance on the way in which proposals will be assessed and determined by that local government. LPPs must be consistent with the intent of the relevant local planning scheme provisions and must also be consistent with any relevant SPP.

 

Local Planning Policy 5A - Extractive Industries

LPP5A provides guidance regarding the extraction of basic raw materials. The application site is located within Policy Area 3. The elements of LPP5A considered particularly relevant to assessment of the application are as follows:

1.         4.2.2.3         Policy Areas 2 and 3:

             Notwithstanding 6.2.1 and 6.2.2 above, the extraction of sand and limestone may be located less than 500m but generally no closer than 300m from a sensitive land use dependent upon the nature and scale of the operation and the content of a Dust and Noise Management Plan, including consideration of the requirement for dust and noise measuring equipment to be installed within the site for the duration of the extraction process. However, this will not apply to the extraction of basalt and other hard rock quarrying which requires greater setback distances (generally a minimum of 1000m) to a sensitive land use.

2.         4.2.2.5         Policy Areas 2 and 3:

             Where an extractive industry is approved within 1km of a residence or tourist accommodation or attraction, additional conditions to reduce amenity impact from noise and dust may be imposed, including operating times.

3.         4.2.5             Route Assessment and Transportation:

The potential impacts of an extractive industry will be assessed against the Scheme and the following criteria:

a)        The outcomes of the Schedule 1 – Traffic Impact Assessment and Road Upgrading Guidelines.

b)        Any comments or recommendations from Main Roads WA.

c)         The impacts of haulage traffic noise, vibration and amenity loss on surrounding areas.

 

Financial Implications

There are no financial implications associated with the officer recommendation.

 

Stakeholder Consultation

Clause 64 of the deemed provisions sets out circumstances in which an application for development approval must be advertised, and also sets out the means by which applications may be advertised.

 

The purpose of public consultation is to provide an opportunity for issues associated with a proposed development to be identified by those who potentially may be affected.

A development application should not be approved or refused based on the number of submissions it receives, for or against, rather all applications must be determined on the merits of the particular proposal, including consideration of any relevant planning issues raised through consultation.

 

The application was initially open for submissions from 28 September 2018 to 31 October 2018. The application was advertised in the following manner:

1.         Information regarding the application was posted on the City’s website;

2.         A portal was created using the City’s YourSay platform for the online lodgement of submissions;

3.         Letters were sent to all the land owners within one kilometre of the site; and

4.         A notice was placed in a local newspaper on 10 October 2018.

 

A total of 33 submissions were received from 29 properties. Where multiple submissions were received from the same address, these were counted as one submission. The submissions included 2 submissions in support, 10 submissions opposed and 17 pro-forma letters in support of the proposal.

 

A schedule of submissions from the initial round of consultation is provided as Attachment D. The schedule identifies who submissions were received from and summarises the submissions. Following provision of additional hydrology information and modifications to the proposed access and haulage route the application was re-advertised from 28 November 2019 to 13 December 2019.

 

Initially, the second round of consultation was undertaken via email to anyone who made a submission during the initial advertising period excluding those who completed the pro-forma letter. However, due to the number and nature of submissions a referral letter was sent to all landowners within one kilometre of the site. In addition, the advertised period for all parties was extended until 31 December 2019.

 

A schedule of submissions from the second round of consultation is provided as Attachment E. The schedule identifies who submissions were received from and summarises the submissions.

 

During this second round of advertising a total of 26 public submissions from 21 properties were received, all of which were objections. Where multiple submissions were received from the same address, these were counted as one submission.

 

The concerns raised within both submission periods can generally be summarised as follows:

·    Haulage Route, including:

o   Proposed haulage route along Gibb Road with the following concerns:

§  Safety concerns from insufficient width; and

§  Additional wear on the road.

·    Proposed haulage route along Roy Road with the following concerns:

o   Safety concerns from insufficient sightlines along Roy Road and for entering/exiting traffic; and

o   Conflicts with school bus routes.

·        Amenity and health concerns, including:

o   Concerns regarding dust emitted from the extractive activities and along haulage route. Potential impact on health and wellbeing of people within the area as well as potential impact on vegetation, wildlife and other commercial operations within the area (vineyards); and

o   Impact upon amenity of the area from noise from the operations.

·        Environmental concerns including:

o   Impacts on native fauna and flora; and

o   Impacts on the ground water table.

·       Number of extractives within the locality with ongoing compliance issues.

 

Where issues are raised which are not able to be considered, as they do not relate to the relevant planning framework, the comment provided (note comments have been grouped given the number of submissions received) indicates that, but does not provide further commentary or discussion. That does not necessarily suggest that the issues are not genuine issues of concern to the submitter or more broadly, but they are unfortunately not issues that can or should be addressed in the assessment of the application.

 

In addition to the above, the application was referred to Main Roads, Department of Water, Environment and Regulation and Department of Biodiversity, Conservation and Attractions. A summary of these agencies’ comments are provided within the schedule of submissions at Attachment D and E.

 

In addition to the above, the City has received a petition objecting to the proposal including the cumulative negative impact as a result of the number of extractions within the area and the impacts on tourist operations, vineyards, recreation activities and residential blocks within the area. The petition was addressed as part of the previous Council report on the application presented to the Council on 12 February 2020. The concerns raised in this petition are considered to have been adequately addressed in the previous council report on the application and are not commented on further within this report.

 

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 key risk to the City is considered to be the potential reputational and environmental risk that may arise if the site is not managed in a manner consistent with the conditions of approval. Mitigation of that risk requires proactive and appropriately resourced compliance activity.

 

Options

As an alternative to the proposed recommendation the Council could:

1.              Refuse the proposal, setting out reasons for doing so; or

2.              Apply additional or different conditions.

CONCLUSION

Subject to the inclusion of relevant conditions, the proposal is considered appropriate to support and it is accordingly recommended for approval.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The applicant and those who made a submission will be advised of the Council decision within two weeks of the Council meeting.


Council

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25 March 2020

13.1

Attachment a

Location Plan

 


Council

61

25 March 2020

13.1

Attachment b

Site Plan

 


Council

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25 March 2020

13.1

Attachment c

Explanatory Reports and Management Plans

 


 


 


 


 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 



 


 


 



 


 


 


 


 


 


 


 


 


 


 


 


 



 


 


 


 


 


 


 



 


 


 


 


 


 


 



 


 


 


 


 


 


 


 


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13.1

Attachment d

Summary of Submissions - Initial Round (2018)

 


 


 


 


 


 


 


 


 


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25 March 2020

13.1

Attachment e

Summary of Submissions - Second Round (2019)

 


 


 


 


 


 


 


 


 


 


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25 March 2020

13.1

Attachment f

Proposed Plans/Documents To Be Approved

 



 


 


 


 


 


 


 


 


 


 


 


 


 


 



 



 


 


 


 


 


 


 



 


 


 


 


 


 


 


 


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13.1

Attachment g

Traffic Count Data

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 



 


 


 


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13.1

Attachment h

Traffic Consultant (Riley Consulting) Advice

 


 


 


 


 


 


 


 


Council                                                                                      277                                                                25 March 2020

13.2           NAMING OF RESERVE 43008, DUNSBOROUGH, TO QUEDJINMIA RESERVE

STRATEGIC GOAL

3. ENVIRONMENT Valued, conserved and enjoyed

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Environmental Management, Land Administration

BUSINESS UNIT

Environmental Services

REPORTING OFFICER

Senior Natural Resource Management / Environment Officer - Will Oldfield

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

Simple Majority

ATTACHMENTS

Attachment a   Map of Reserve 43008, Dunsborough, and it's Aboriginal values  

 

OFFICER RECOMMENDATION

That the Council:

1.         Approve the naming of Reserve 43008 (lot 4979) as Quedjinmia Reserve meaning “white bone home”; and

2.         Submit a formal request to Landgate requesting the naming of Reserve 43008 (lot 4979) as Quedjinmia Reserve. 

 

EXECUTIVE SUMMARY

This report seeks the Council’s endorsement to name Reserve 43008 (Lot 4979) Quedjinmia Reserve (informally known as Windlemere Reserve), which is a Wandandi name meaning “place of the white bones”. The naming is in accord with Council Policy – Naming of City Roads and Assets.

 

BACKGROUND

Reserve 43008 consists of mainly natural vegetation and is also where the Naturaliste Community Centre is located.  The reserve has very high conservation and Aboriginal cultural values.

 

Most of the reserve vegetation consists of the Banksia Dominated Woodlands of the Swan Coastal Plain which is categorised as Threatened Ecological Community. The reserve vegetation forms habitat for a high number of Critically Endangered Western Ringtail Possum (WRP). Both of these matters are protected under the Commonwealth Environmental Protection and Biodiversity Conservation Act 1999.

 

The Aboriginal values summarised in the Management Plan for Reserve 43008 are as follows:

 

Reserve 43008 in its entirety is now considered by the Nyungar community as a highly significant Aboriginal cultural heritage site that has a matrix of prehistoric and historic Nyungar cultural values.

 

Management of this area must therefore consider these values in terms of legislative requirements under the Aboriginal Heritage Act but more importantly in maintaining positive and respectful relations with Nyungar community by continuing to involve them in all management decisions made.

 

There are four Department of Aboriginal Affairs (DAA) Registered Aboriginal sites and three other Aboriginal Heritage places that have DAA extents that overlay Reserve 43008 (Brad Goode & Associates, 2015).

 

These are listed in Table 1 and shown in Map 2. Full details are available in the report prepared by Brad Goode & Associates (2015) prepared as part of the consultation for this management plan.

 

ID

Name

Status

Access

Restriction

Site Type

Registered Aboriginal Sites

1061

Dunsborough 2: Caves Rd

Registered

Open

No

Artefacts/ Scatter

20004

Dunsborough Playing Fields

Registered

Open

No

Artefacts/ Scatter

20764

Caves Rd Campsite

Registered

Closed

Restricted

Re-burials, Camps

27231

Dunsborough New Playing Fields

Registered

Open

No

Artefacts/ Scatter

Other Heritage Places

1008

Dunsborough: Windlemere Dr

Awaiting Assessment

Open

No

Artefacts/ Scatter

18902

NCCRF Isolated Artefact

Awaiting Assessment

Open

No

Artefacts/ Scatter

20763

Koopins Grave

Awaiting Assessment

Open

No

Skeletal Material/ Burial

 

OFFICER COMMENT

Reserve 43008 currently has not been officially named. It is locally dubbed ‘Windlemere Reserve’ because of its proximity to the Windlemere residential estate, but this name only serves to locate the reserve. There is no significant reason why the reserve should be named Windlemere Reserve.

 

Because of the very significant Aboriginal cultural values of the reserve, the Friends of Windlemere Reserve group proposed that the reserve be given an Aboriginal name.

Statutory Environment

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.

 

The Land Administration Act 1997 provides that the Minister for Lands (the Minister) has the authority for officially naming and un-naming all local parks and recreational reserves in Western Australia. Through delegated authority, Landgate acts on the Minister’s behalf to undertake the administrative responsibilities, including the development of policies and procedures required for the formal approval of local parks and recreational reserve names. A formal request to Landgate will need to be submitted following any decision by Council to name the reserve Quedjinmia Reserve.


 

Relevant Plans and Policies

The officer recommendation aligns to the following adopted policy:

Naming of City Roads and Assets

Naming considerations

5.1          Council may consider naming a City Asset in honour of persons considered to be pioneers, persons who have made an outstanding humanitarian contribution or who, in the opinion of the Council, are worthy of such an honour. This may also be in acknowledgment of events of historical, environmental or cultural significance or collective community action.

 

The reserve has very high Aboriginal cultural significance for Nyungar people due to the richness of Aboriginal artefact deposits, the known burial/re-burial sites and the use of the area by Wadandi family groups in the spring of each year when food resources were abundant enough for Aborigines to conduct large ceremonial gatherings. Reserve 43008 was also a historic camp ground occupied by the Lowe and Sambo families through the spring in the 1930s and 1940s. 

 

5.7.        The use of Aboriginal names and words for naming features are a way of recognising the different enduring cultural and language groups. Names originating from an Australian Aboriginal language local to the area must be written in a standard recognised format and their use shall be endorsed by the recognised local community. Evidence of this endorsement must be included with the naming proposal.

 

The Reserve is a significant local Aboriginal site, previously used by the Wadandi people for camping and contains many grave sites. Friends of Windlemere Reserve, who have developed an appreciation for the natural and cultural values of the reserve felt it would be more appropriate that the Reserve be given an Aboriginal name. Through City of Busselton, the Undalup Association was requested to recommend an appropriate Aboriginal name for the reserve. ‘Quedjinup’, meaning “place of bone”, was first offered, however this name is already used to describe a locality, which the reserve is not located within.

 

Wadandi Elder Wayne Webb provided two more names, which follow the song lines of “white bone”:

·    ‘Quedjinmia’ meaning “white bone home”, and

·    ‘Quedjimianup’ meaning “place of white bones”.

 

Quedjinmia was chosen due to the increased difference with the name ‘Quedjinup’ and the simpler pronunciation.

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

Wayne Webb, Elder and Cultural Custodian for the Wadandi people, was approached to find a suitable name for the reserve. An explanation of how the name came about is in the ‘Relevant Plans and Policies’ section above.

 

To ensure the chosen name was acceptable to the broader Aboriginal community, the name was put to the South West Boojarah working group of the South West Land and Sea Council in June 2019 and they have endorsed the name ‘Quedjinmia’.

 

The proposal to name Reserve 43008 ‘Quedjinmia’ was advertised in the ‘Council for Community’ page for a three-week period with submissions closing on 23 October 2019. There were no submissions received by the City.

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 such risks have been identified.

Options

As an alternative to the proposed recommendation, the Council could suggest an alternative name for the reserve. However, the City currently is not aware of any alternative proposals to name the reserve. Reserve 43008 has very significant Aboriginal values and, as per Council Policy ‘Naming of City Roads and Assets’ clause 5.7, it is appropriate to give this reserve an Aboriginal name that has been chosen by local Wadandi Elder and Cultural Custodian, Wayne Webb. 

CONCLUSION

It is recommended that the proposal to name Dunsborough Reserve 43008 (Lot 4979) as ‘Quedjinmia’ reserve, an Aboriginal name meaning “white bone home”, be approved and submitted to Landgate for finalising the name of the reserve.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Should Council approve the naming of reserve 43008 to Quedjinmia Reserve, officers will forward the recommendation to Landgate to process the request for naming of the reserve as per the State Land Administration Act procedures.  


Council

278

25 March 2020

13.2

Attachment a

Map of Reserve 43008, Dunsborough, and it's Aboriginal values

 

 


Council                                                                                      281                                                                25 March 2020

14.             Engineering and Work Services Report

Nil


 

15.             Community and Commercial Services Report

Nil


 

16.             Finance and Corporate Services Report

Nil


Council                                                                                      286                                                                25 March 2020

17.             Chief Executive Officers Report

17.1           COUNCILLORS' INFORMATION BULLETIN

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Councillors' 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

 

OFFICER RECOMMENDATION

 

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

17.1.1       Current Active Tenders 

17.1.2       Donations, Contributions and Subsidies Fund – February 2020 

 

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 

 

Note: Information in italics has previously been provided to Council, and is provided for completeness.

 

RFT14/19 DESIGN AND TECHINICAL SERVICES – BUSSELTON ENTERTAINMENT ARTS AND CULTURAL HUB

 

·    Requirement – to provide design and technical services for the Busselton Entertainment Arts and Creative Hub.

·    Following the Expression of Interest (EOI01/19) process for making a preliminary selection among prospective tenderers, the City of Busselton invited tenders from Box Architects, Kerry Hill Architects, Peter Hunt Architects, Willow and With Architecture.

·    The Request for Tender closed on 29 November 2019. 

·    The value of the contract is expected to exceed the CEO’s delegated authority under Delegation DA 1-07 (previous delegation reference LG3J) and will require Council approval.


 

·    At the Council meeting on 29 January 2020 Council accepted the tender from Kerry Hill Architects Pty Ltd as the most advantageous tenderer (Successful Tenderer), subject to minor variations to be negotiated in accordance with Regulation 20 of the Local Government (Functions and General) Regulations 1996 (FG Regs) (C2001/016).  Council delegated power and authority to the CEO to:

-      negotiate and agree with the Successful Tenderer minor variations in accordance with Regulations 20 of the FG Regs subject to such variations and the final terms not exceeding a lump sum contract price of $1,979,440;        

-      subject to the above, enter into contracts with the Successful Tenderer for supply of the relevant goods and services.

·    Council endorsed the removal of Stage 2 from the overall project scope of works to allow further investigation into the viability of other potential sites for the establishment of a creative industries hub component in proximity to the cultural precinct.  Council also endorsed the project to progress through to detailed design and contract documentation noting the next hold point will be the recommendation for award of the project builder.

·    Contract negotiations are ongoing and contract documents currently being finalised. It is expected that the contract will be entered into by the end March 2020.

 

RFT21/19 SUPPLY OF CLEANING CHEMICALS AND PAPER CONSUMABLES

 

·    Requirement – the supply of cleaning chemicals and paper consumables to City of Busselton owned and managed facilities.

·    A Request for Tender was advertised on 26 October 2019 with a closing date of 21 November 2019. 

·    Five submissions were received.

·    The value of the contract is not expected to exceed the CEO’s current delegated authority under Delegation DA 1-07.

·    Contract negotiations are ongoing and contract documents currently being finalised. It is expected that the contract will be entered into by the end March 2020.

 

RFT26/19 HOTEL SITE 1 PRECINCT CIVIL & LANDSCAPING WORKS

 

·    Requirement – civil and landscaping works to Busselton Foreshore Hotel Site 1.

·    A Request for Tender was advertised on 30 November 2019 with a closing date of 14 January 2020. 

·    Five submissions were received.

·    The value of the contract is expected to exceed the CEO’s current delegated authority under Delegation DA 1-07 and will require Council approval.

·    At the Council meeting on 12 February 2020 Council accepted the tender from Industrial Roadpavers (WA) Pty Ltd as the most advantageous tenderer (Successful Tenderer), subject to minor variations to be negotiated in accordance with Regulation 20 of the Local Government (Functions and General) Regulations 1996 (FG Regs) (C2002/046).  Council delegated power and authority to the CEO to:

-      Negotiate and agree with the Successful Tenderer minor variations in accordance with Regulation 20 of the FG Regs, subject to such variations and the final terms not exceeding the overall project budget; and

-      Endorse the requested budget amendment (resulting in no change to the budgeted net current position).

·    A contract was awarded by the CEO under delegated authority to Industrial Roadpavers (WA) Pty Ltd in March 2020.    

 


 

PQS01/20 SUPPLY AND LAYING OF EXTRUDED KERBING – REQUEST FOR APPLICATIONS TO JOIN A PANEL OF PRE-QUALIFIED SUPPLIERS

 

·    Requirement – supply of laying of extruded kerbing.

·    In accordance with delegation DA 1-10 the CEO has authority to establish the panel and to accept applications to join the panel.

·    The PQS was advertised on 4 January 2020 with a closing date of 28 January 2020. 

·    Four submissions were received.

·    A panel of pre-qualified suppliers was established by the CEO in March 2020 and two pre-qualified suppliers were appointed to the panel, namely, Proline Kerbing Pty Ltd ATF Proline Kerbing Unit Trust T/A Proline Kerbing and Warburton Holdings Pty Ltd ATF Warburton Family Trust T/A Action Kerbing. 

 

PQS02/20 SUPPLY AND MAINTENANCE OF PRINTERS AND SCANNERS – REQUEST FOR APPLICATIONS TO JOIN A PANEL OF PRE-QUALIFIED SUPPLIERS

 

·    Requirement – supply and maintenance of printers and scanners.

·    In accordance with delegation DA 1-10 the CEO has authority to establish the panel and to accept applications to join the panel.

·    The PQS was advertised on 1 February 2020 with a closing date of 20 February 2020. 

·    Four applications were received.

·    The Evaluation Panel is currently evaluating applications and it is expected that a panel will be established by the CEO under delegation in March/April 2020.

 

RFT01/20 KING STREET COASTAL PARKLAND AND ABLUTIONS – DESIGN AND CONSTRUCT

 

·    Requirement – demolition of the existing ablution block and construction of a new King Street coastal parkland ablution block.

·    The value of the contract is not expected to exceed the CEO’s current delegated authority under Delegation DA 1-07

·    A Request for Tender was advertised on 1 February 2020 with a closing date of 18 February 2020. 

·    One submission was received.

·    A contract was awarded by the CEO under delegated authority to Landmark Products Pty Ltd in March 2020.

 

RFT02/20 BUSSELTON LIBRARY UPGRADE

 

·    Requirement – upgrade of the Busselton Library.

·    A Request for Tender was advertised on 29 February 2020 with a closing date of 24 March 2020. 

·    The value of the contract is expected to exceed the CEO’s current delegated authority under Delegation DA 1-07 and will require Council approval.

 


 

PQS03/20 SUPPLY OF CONSTRUCTION SERVICES - REQUEST FOR APPLICATIONS TO JOIN A PANEL OF PRE-QUALIFIED SUPPLIERS

 

·    Requirement – construction works.

·    The City’s intent is to establish 3 categories or sub-panels for supply of building/construction works with a value of up to $1,250,000. These categories or sub-panels are:

Sub-Panel A: Contract value $1 - $250,000;

Sub-Panel B: Contract Value $251,000 - $750,000;

Sub-Panel C: Contract value $750,001 - $1,250,000;

(Sub-Panels).

·    Only Pre-Qualified Suppliers appointed to a Sub-Panel will be invited to quote for building/construction work within that Sub-Panel range. In other words, if five Pre-Qualified Suppliers are accepted onto Sub-Panel A, the City intends to invite quotations for a specific building/construction project within that category (i.e. contract value $1 - $250,000) from only those five Pre-Qualified Suppliers.

·    Applicants may apply to be accepted onto any one or more of the Sub-panels.

·    The PQS was advertised on 26 February 2020 with a closing date of 12 March 2020. 

·    Ten submissions were received.

·    In accordance with delegation DA 1-10 the CEO has authority to establish the panel and to accept applications to join the panel.

·    The Evaluation Panel is currently evaluating applications and it is expected that a panel will be established by the CEO under delegation in March/April 2020.

17.1.2       Donations, Contributions and Subsidies Fund – February 2020 

 

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 pursuit of endeavors that bring direct benefit to the broader community. Allocation of funds is delegated to the Chief Executive Officer, in accordance with published guidelines and funding availability. Seven applications were supported in February 2020 totaling $3,458 as outlined in the table below:

 

Recipient

Purpose

Amount

Busselton Old Time Dance

Funding to assist with the cost of venue hire and decorations for the SW Dance Festival being held in April

$250

Intercultural Action Group Inc.

Funds to cover the cost of cultural performers at the inaugural Harmony Week celebration being held at ArtGeo on 15 March 2020

$800

SW Branch Rover Owners Club of WA

Organising the annual Auto British Classic held at Signal Park on 4 April 2020. Funds to assist with promoting the event and signage for the free community event

$400

Bryce Commins

Selected to represent WA at the MTB Australia Championships in the U19 team held in Bright, Victoria. Funds to assist with travel related expenses.

$300

Busselton Dunsborough Junior Dungbeetles Rugby Club

Five players from the club have been selected to represent WA as part of the U12 Beasts National Carnival being held in New South Wales. With only 20 players selected from across the state, it is an outstanding achievement to have 5 players representing our district. Funds to assist with travel related expenses.

$1,000

Tuart House Communicare

Donation requested to assist with the purchase of fitness and childcare passes at the Geographe Leisure Centre in support of victims of family violence, which will assist them to interact positively with the wider community.

$500

Busselton Primary School Fundraising Committee

Funding requested to purchase various passes from the GLC as raffle prizes. The fundraising committee’s goal is to ensure every one of their year 6 students be included in their school camp and graduation celebrations. Funds raised will be donated to the school to lower the cost of these events, making them affordable for all families. 

$300

 

February Total

$3,548

 

 

  


Council                                                                                      287                                                                25 March 2020

18.             Motions of which Previous Notice has been Given

Nil  

 

19.             urgent business

 

20.             Confidential Matters

Nil 

 

21.             Closure