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

CITY OF BUSSELTON

MINUTES FOR THE Policy and Legislation Committee MEETING HELD ON 29 April 2020

TABLE OF CONTENTS

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening and Announcement of Visitors. 2

2....... Attendance. 2

3....... Public Question Time. 2

4....... Disclosure Of Interests. 2

5....... Confirmation and Receipt Of Minutes. 2

5.1          Minutes of the Policy and Legislation Committee Meeting held 26 February 2020. 2

6....... Reports. 2

6.1          LOCAL PLANNING POLICY REVIEW - INITIATION OF LOCAL PLANNING POLICIES EXEMPTED DEVELOPMENT AND OUTBUILDINGS AND NON-HABITABLE BUILDINGS. 2

6.2          REVIEW OF NON-EXCLUSIVE COMMERCIAL USE OF CITY LAND AND MOBILE VENDORS ON THE JETTY POLICIES. 2

6.4          REVIEW OF COUNCIL POLICY: LEASES OF CITY LAND AND BUILDINGS. 2

6.5          REVIEW OF COUNCIL POLICY: GRANTING OF ACCESS TO PUBLIC VENUES. 2

6.3          REVIEW OF COUNCIL POLICY 043: APPLICATIONS FOR EXPLORATION OR MINING / EXTRACTION LICENCES FOR COAL. 2

7....... General Discussion Items. 2

8....... Next Meeting Date. 2

9....... Closure. 2

 


Policy and Legislation Committee                                  3                                                                        29 April 2020

MINUTES

 

MINUTES OF Policy and Legislation Committee

HELD VIA ELECTRONIC MEANS ON 29 April 2020 AT 11.00am

 

1.               Declaration of Opening and Announcement of Visitors

The Presiding Member opened the meeting at 11.01am.

 

2.               Attendance 

Presiding Member:

 

Members:

 

Cr Ross Paine

 

Cr Grant Henley

Cr Kelly Hick

Cr Lyndon Miles

Cr Kate Cox

(All Members via electronic attendance)

 

Officers:

 

Mr Paul Needham, Director, Planning and Development Services

Mrs Naomi Searle, Director, Community and Commercial Services

Mr Tony Nottle, Director, Finance and Corporate Services

Ms Sarah Pierson, Manager, Governance and Corporate Services

Ms Lee Reddell, Manager, Development Services

Ms Sharon Woodford-Jones, Land and Property Leasing Coordinator

Mrs Emma Heys, Governance Coordinator

Ms Stephanie Navarro, Senior Development Planner

Ms Melissa Egan, Governance Officer

(All Officers via electronic attendance)

 

Apologies:

 

Nil

 

3.               Public Question Time                                                                             

Nil

 

4.               Disclosure Of Interests

Nil


 

5.               Confirmation and Receipt Of Minutes

5.1             Minutes of the Policy and Legislation Committee Meeting held 26 February 2020

COMMITTEE DECISION

PL2004/302            Moved Councillor K Cox, seconded Councillor G Henley

That the Minutes of the Policy and Legislation Committee Meeting held 26 February 2020 be confirmed as a true and correct record.

  


Policy and Legislation Committee                                  5                                                                        29 April 2020

6.               Reports

6.1             LOCAL PLANNING POLICY REVIEW - INITIATION OF LOCAL PLANNING POLICIES EXEMPTED DEVELOPMENT AND OUTBUILDINGS AND NON-HABITABLE BUILDINGS

STRATEGIC GOAL

2. PLACE AND SPACES Vibrant, attractive, affordable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Development Control Policy

BUSINESS UNIT

Statutory Planning

REPORTING OFFICER

Senior Development Planner – Policy - Stephanie Navarro

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

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   LPP: Outbuildings and Non-habitable buildings

Attachment b    LPP: Exempt Development

Attachment c    LPP: Outbuildings and Non-habitable buildings with Committee Amendments

Attachment d   LPP: Exempt Development with Committee Amendments  

           

OFFICER RECOMMENDATION

That the Council adopts as draft for consultation proposed new local planning policies as set out below:

1.1      LPP: Outbuildings and Non-habitable buildings (Attachments A); and

1.2      LPP: Exempt Development (Attachments B).

 

COMMITTEE RECOMMENDATION

PL2004/303            Moved Councillor K Hick, seconded Councillor K Cox

 

That the Council adopts as draft for consultation proposed new local planning policies as set out below:

1.1      LPP: Outbuildings and Non-habitable buildings inclusive of the Committee amendments as per Attachment C; and

1.2      LPP: Exempt Development inclusive of the Committee’s amendments in Attachment D.

CARRIED 5/0

 

Reasons:       The Committee decided to remove reference to cubby houses until the matter can be further reviewed, with some concern around the different types and size of cubby house that may otherwise be exempt. Other amendments were to include and clarify definitions and to generally improve clarity and readability of the policies.

 


 

EXECUTIVE SUMMARY

The City is undertaking a comprehensive review of all its local planning policies (LPPs). Stage 1 of this review, in March 2019, was policy neutral and converted the LPPs into a new format. This review took the LPPs from the existing manual structure and separated them into individual policies.

 

The City has now commenced Stage 2 of the process which involves reviewing the content and relevance of all LPPs, and the City has already revoked eight LPPs which were considered to be redundant due to changes in legislation.

 

It is proposed, as part of this report, that the following two new LPPs be initiated for the purposes of public consultation:

·        LPP: Outbuildings and Non-habitable buildings; and

·        LPP: Exempt Development.

 

BACKGROUND

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

 

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

 

LPPs are to be given due consideration in the assessment of development and are listed as a “matter to be considered” when making a determination of a development application under Clause 67 of Schedule 2 of the Regulations.

 

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

 

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

 

The City has now commenced the second stage of the review process and is currently reviewing the content and relevance of all LPPs. Due to the number of LPPs and the complexity of issues which need to be addressed, this review has been broken down into a number of stages. The City has already revoked eight LPPs which were considered to be redundant due to changes in legislation.

 

It is proposed, as part of this report, that the following two proposed LPPs be initiated for the purposes of public consultation:

·        LPP: Outbuildings and Non-habitable buildings; and

·        LPP: Exempt Development.

 

The new LPP for ‘Outbuildings and Non-habitable buildings’ is proposed to replace two existing LPPs being LPP1J : ‘Outbuilding’ and LPP 3H : ‘Outbuilding Assessment’. LPP1J relates to outbuildings on Residential zoned lots while LPP3H relates to the outbuildings and other non-habitable buildings in the Rural Residential, Rural, Conservation, Rural Landscape, Viticulture and Tourism and Bushland Protection zones.

It is proposed that these two LPPS will be revoked following consultation on the new LPP which will incorporates all outbuilding provisions into one LPP and proposes revised provisions in some instances.

 

The new  ‘Exempt Development’ LPP will contain additional exemptions from requiring a development approval in addition to those already exempt under Clause 61 of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations) and the City of Busselton Local Planning Scheme No. 21 (the Scheme).

 

A further, more comprehensive description of each of the above LPPs to be initiated is provided within the Officer Comment section of this report.

OFFICER COMMENT

Division 2 – Local policies of the Regulations outlines matters which can be dealt with by an LPP as well as the procedure for making LPPs. It is considered that the  two proposed LPPs are consistent with these requirements and consultation will be undertaken following initiation in accordance with the Regulations as outlined in the Stakeholder Consultation section of this report. 

 

New LPP ‘Outbuildings and Non-habitable buildings’

 

This LPP is proposed to replace two existing LPPs, being LPP1J and LPP 3H. LPP1J relates to outbuildings on Residential zoned lots while LPP3H relates the outbuildings and other non-habitable buildings in the Rural Residential, Rural, Conservation, Rural Landscape, Viticulture and Tourism and Bushland Protection zones. It is proposed that the provisions of these two LPPs be consolidated into a single LPP which will relate to the same type of development across different zones to improve ease of use.

 

An ‘Outbuilding’ is defined within the LPP as ‘an enclosed non-habitable structure’.

 

Non-habitable buildings is defined within the LPP as:

 

“any building, not considered to be an Outbuilding (as defined above), that can be attached or detached to a dwelling but is not located under the main roof of a dwelling and includes, but is not limited to:

·        carports;

·        patios;

·        Shade structure/orchard enclosure; and

·        pergolas/gazebos;

but excludes boundary fences, water tanks and swimming pools and decking not more than 500mm above natural ground level.”

A number of changes are proposed to the content of the LPPs which are outlined below, along with justification for the changes.

 

Outbuildings where associated with Residential Development in the Residential, Regional Centre, Centre and Local Centre Zones.

Outbuildings associated with development that is subject to the R-codes (ie Single House, Ancillary Dwellings, Grouped Dwellings and Multiple Dwellings) that meet the deemed-to-comply (DTC) criteria of the R-codes are exempt from development approval.

 


 

Where development does not meet the DTC criteria of the R-codes, a development application is required and development is required to be assessed against, and deemed to meet, the applicable Design Principles. Currently, under LPP1J outbuildings with a wall height of 2.7m, ridge height of 4.5m and which collectively do not exceed 90m2 in area or 10% in aggregate of the site area are considered to meet the Design Principles of the R-codes. The proposed LPP does not exempt development from requiring a development application, however the LPP is intended to make the City’s position on what it will accept without further justification where development exceeds the DTC but meets the Acceptable Development standards clearer.

 

It is proposed as part of the LPP that outbuildings in these zones have different standards based on the size of the lot and/or the density of the property. This will enable larger outbuildings on larger lots where it is considered their impacts upon amenity can be more easily managed through setbacks and/or landscaping.

 

The table below outlines the current and proposed wall and ridge height and areas for outbuildings in these zones. Where a change is proposed to the current requirements, these are indicated in bold:

 

 

Current

Proposed

Wall Height

R-codes : 2.4m (DTC)

 

LPP1J : 2.7m (considered to comply  with the Design Principle)

Lots coded R30 or above and/or lots less than 300m2 : 2.7m

 

Lots coded R25 – R10 and/or lots less than 2,000m2 : 3.1m

 

Lots coded R5 – R2 and/or lots 2,000m2 and greater : 3.1m

 

Ridge Height

R-codes : 4.2m (DTC)

 

LPP1J : 4.5m (considered to comply  with the Design Principle)

Lots coded R30 or above and/or lots less than 300m2: 4.5m

 

Lots coded R25 – R10 and/or lots less than 2,000m2 : 4.5m

 

Lots coded R5 – R2 and/or lots 2,000m2 and greater : 4.5m

 

Area

R-codes : 60m2 of 10 per cent of the site area, whichever is lesser (DTC)

 

LPP1J :  90m2 of 10 per cent of the site area, whichever is lesser  (considered to comply  with the Design Principle)

Lots coded R30 or above and/or lots less than 300m2 : 60m2 of 10 per cent of the site area, whichever is lesser

 

Lots coded R25 – R10 and/or lots less than 2,000m2: 90m2 or 10% in aggregate of the site area, whichever is the lesser.

 

Lots coded R5 – R2 and/or lots 2,000m2 and greater : 120m2

 

 

The proposed changes to the maximum wall height and area for outbuildings will be formalising the current acceptable standards applied by City officers when assessing development applications for outbuildings of a similar nature as those listed above (ie: of up to 3.1m wall height, and 60m2 or 120m2 dependent on size of lot).

 


 

Outbuildings and Non-habitable buildings in the Rural Residential Zone

The table below outlines the current and proposed wall and ridge height and areas for outbuildings and non-habitable buildings. Where a change is proposed to the current requirements these are indicated in bold:

 

 

Current

Proposed

Wall Height

All: 3.6m

Lots 5,000 m2 and less : 3.1m

Lots greater than 5,000m2 : 3.6m

Ridge Height

All: 5.5 m

Lots 5,000 m2 and less : 4.5m

Lots greater than 5,000m2 : 5.5m

Area

All: 120m2 (160m2 subject to referrals)

Lots 5,000 m2 and less : 120m2

Lots greater than 5,000m2 : 200m2

 

Lots within the Rural Residential zone vary in size from 2,000m2 (0.2ha) to 40ha and therefore it is considered that applying the same standard to outbuildings and non-habitable buildings across this wide range is not practical as it does not take into consideration the large variation in lot sizes.

 

It is proposed that a smaller wall and ridge height be recommended for outbuildings and non-habitable buildings less than 5,000m² as this aligns with the minimum lot size for properties which are zoned Residential with a density of R2 (the lowest density). It is noted that within the Rural Residential zone, lots less than 4,000m² in area are limited to land uses which more closely align with the Residential zone than the Rural Residential zone. This is also the minimum lot size for residential lots with a density of R2.5, however the 5,000m² is considered a more appropriate limit to align with the residential requirements.

 

Outbuildings and Non-habitable buildings in the Rural & Viticulture and Tourism zones

 

No changes proposed to the current requirements which does not limit the height and/or size of outbuildings in these zones.

 

Outbuildings and Non-habitable buildings in the Rural Landscape, Conservation & Bushland Protection zones

 

The table below outlines the current and proposed wall and ridge height and areas for Outbuildings and Non-habitable buildings in these zones. Where a change is proposed to the current requirements, these are indicated in bold:

 

 

Current

Proposed

Wall Height

All : Height to be determined by reference to the Scheme

All : 3.6m

Ridge Height

All : Height to be determined by reference to the Scheme

All : 5.5m

Area

All  : 120m2 (160m2 subject to referrals)

All : 200m2

Currently, unless a structure plan, development guide plan or similar includes provision which limit the height of development, the following height limitations of clause 4.8 – Height of Buildings of the Scheme apply to all development, including outbuildings, in each of these zones:

·        Rural Landscape – 7.5 metres;

·        Conservation -  to be determined by the local government to ensure landscape values of the site and general area are maintained;

·        Bushland Protection - 12 metres.

Lots within the Rural Landscape, Conservation & Bushland Protection zones vary greatly in size from 2ha to 256ha, however they all have environmental values that are to be protected and therefore it is considered appropriate that outbuildings and non-habitable buildings be limited in size and scale to ensure these values are protected. It is therefore proposed as part of this LPP that the same standards to maximum wall height, ridge height and area that are to be applied to lots in the Rural Residential zone greater than 5,000m2 be applied to these zones.

 

LPP: Exempted Development

Development is defined under the Planning and Development Act 2005 (the Act) as follows -

development means the development or use of any land, including —

(a)       any demolition, erection, construction, alteration of or addition to any building or structure on the land;

(b)       the carrying out on the land of any excavation or other works;

(c)        in the case of a place to which a protection order made under the Heritage Act 2018 Part 4 Division 1 applies, any act or thing that —

(i)        is likely to change the character of that place or the external appearance of any building; or

(ii)       would constitute an irreversible alteration of the fabric of any building.

 

All development, as defined by the Act, requires development approval unless a specific exemption applies under Clause 61 of the Regulations ‘Development for which development approval not required’ or Clause 6.1 of the Scheme ‘Permitted Development’.

 

Clause 61 of the Regulations identifies that development approval is not required for a range of land use and developments and allows local governments the ability to further exempt development types by specifying those development types within a local planning policy.

 

The types of development proposed to be exempt as part of the proposed LPP, and the reasons for these exemptions, are outlined below:

 

·      Single House, Outbuilding and/or Incidental Development in the Rural, Viticulture and Tourism, Rural Residential, Conservation, Rural Landscape and Bushland Protection zone, where certain criteria are met.

 

Justification – As part of Omnibus 2 to the Scheme, which incorporated the deemed provisions into the Scheme, a number of existing exemptions were inadvertently deleted. It is proposed that these exemptions be incorporated into this LPP to restore the previous exemptions included in the Scheme and formalise the City’s current practices.

·    Solar Collectors

Justification – While solar collectors attached to development subject to the R-codes are exempt from development approval there are no other exemptions relating to solar collectors in other zones. It is proposed to exempt solar collectors in certain circumstances to formalise the City’s current practices in only requiring a development application where:

They are standalone structures; or

Attached to a building they protrude more than 1.5m from the roof where they are attached; or

The building they are attached to exceeds the maximum heights specified in the Scheme.

·    Flag Poles

Justification – Currently no exemptions apply to flag poles, however it is proposed that where a flag pole is not to be used for advertising purposes and satisfies other criteria including maximum size and minimum setbacks, that they be exempt from requiring development approval in keeping with the City’s current practices.

 

·    Outdoor eating facilities on a public place

Justification – While decisions about the granting of outdoor eating permits are made pursuant to the City of Busselton Activities in Thoroughfares and Public Places and Trading Local Law 2015, the issuing of a permit under the Local Law does not explicitly exempt the work from also requiring a development approval. The City considers the issuing of a development approval in addition to a permit to be additional ‘red tape’ and therefore it is proposed that such use be exempt under the LPP.

·    Outbuildings less than 10m2 on Residential zoned lots where certain criteria is met

Justification – Under the Building Codes of Australia, outbuildings less than 10m2 are not considered to be a building and therefore do not require a building permit. It is therefore proposed that these outbuildings also be exempt from requiring development approval subject to meeting the maximum walls height and not being located within the front setback area. It is considered that due to the small size of these structures that they have no meaningful impact on the amenity of neighboring properties and therefore should be exempt from development approval.

·    Children’s cubby houses

Justification – The explanatory guidelines of the R-codes states that “...cubby houses and play fixtures…have not been included in the definition of building and are exempted from planning control”. It is also noted that under the Building Codes of Australia children’s cubby houses are not considered to be buildings therefore the City does not require these structures to obtain approval (including planning or building approvals). This exemption is therefore proposed to make this exemption explicit and formalise the City’s current practices.

 


 

Statutory Environment

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

 

Division 2 — Local planning policies

3.         Local planning policies

(1)       The local government may prepare a local planning policy in respect of any matter related to the planning and development of the Scheme area.

(2)       A local planning policy —

(a)       may apply generally or in respect of a particular class or classes of matters specified in the policy; and

(b)       may apply to the whole of the Scheme area or to part or parts of the Scheme area specified in the policy.

(3)       A local planning policy must be based on sound town planning principles and may address either strategic or operational considerations in relation to the matters to which the policy applies.

(4)       The local government may amend or repeal a local planning policy.

(5)       In making a determination under this Scheme the local government must have regard to each relevant local planning policy to the extent that the policy is consistent with this Scheme.

4.         Procedure for making local planning policy

(1)       If the local government resolves to prepare a local planning policy the local government must, unless the Commission otherwise agrees, advertise the proposed policy as follows —

(a)      publish a notice of the proposed policy in a newspaper circulating in the Scheme area, giving details of —

(i)        the subject and nature of the proposed policy; and

(ii)       the objectives of the proposed policy; and

(iii)      where the proposed policy may be inspected; and

(iv)      to whom, in what form and during what period submissions in relation to the proposed policy may be made;

(b)       if, in the opinion of the local government, the policy is inconsistent with any State planning policy, give notice of the proposed policy to the Commission;

(c)       give notice of the proposed policy in any other way and carry out any other consultation the local government considers appropriate.

(2)       The period for making submissions in relation to a local planning policy must not be less than a period of 21 days commencing on the day on which the notice of the policy is published under subclause (1)(a).

(3)       After the expiry of the period within which submissions may be made, the local government must —

(a)       review the proposed policy in the light of any submissions made; and

(b)       resolve to —

(i)        proceed with the policy without modification; or

(ii)       proceed with the policy with modification; or

(iii)      not to proceed with the policy.

(4)       If the local government resolves to proceed with the policy, the local government must publish notice of the policy in a newspaper circulating in the Scheme area.

(5)       A policy has effect on publication of a notice under subclause (4).

(6)       The local government —

(a)       must ensure that an up-to-date copy of each local planning policy made under this Scheme is kept and made available for public inspection during business hours at the offices of the local government; and

(b)       may publish a copy of each of those local planning policies on the website of the local government.

 

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

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

 

It is proposed that consultation in relation to the two proposed LPPs will be for a period of four weeks and will be undertaken as follows:

 

·        LPP: Outbuildings and Non-habitable buildings

o   Notices in the local newspaper for four consecutive weeks, as well as on the City’s website, including the subject and nature as well as objectives of the proposed LPP;

o   A portal is to be created using the City’s YourSay platform for the online lodgment of submissions; and

o   Targeted letters/emails to outbuilding and patio companies operating with the region.

 

·        LPP: Exempted Development

o   Notices in the local newspaper for four consecutive weeks, as well as on the City’s website, including the subject and nature as well as objectives of the proposed LPP; and

o   A portal is to be created using the City’s YourSay platform for the online lodgement of submissions.

Risk Assessment

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

Options

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

CONCLUSION

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

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Implementation of the officer recommendation would involve advertising the policy revocations and advertised the proposed LPPS as outlined in the consultation section of this report above.

 

It is expected that this will commence within one month of the Council decision.

 


Policy and Legislation Committee

22

29 April 2020

6.1

Attachment a

LPP: Outbuildings and Non-habitable buildings

 


 


 


 


 


 


 


 


 


Policy and Legislation Committee

26

29 April 2020

6.1

Attachment b

LPP: Exempt Development

 


 


 


 


Policy and Legislation Committee

35

29 April 2020

6.1

Attachment c

LPP: Outbuildings and Non-habitable buildings with Committee Amendments

 


 


 


 


 


 


 


 


 


Policy and Legislation Committee

39

29 April 2020

6.1

Attachment d

LPP: Exempt Development with Committee Amendments

 


 


 


 

11.42am:              At this time, Ms Navarro and Ms Reddell left the meeting.

 


Policy and Legislation Committee                                  45                                                                      29 April 2020

6.2             REVIEW OF NON-EXCLUSIVE COMMERCIAL USE OF CITY LAND AND MOBILE VENDORS ON THE JETTY POLICIES

STRATEGIC GOAL

4. ECONOMY Diverse, resilient, prosperous

STRATEGIC OBJECTIVE

4.1 An innovative and diversified economy that provides a variety of business and employment opportunities as well as consumer choice.

SUBJECT INDEX

Policies

BUSINESS UNIT

Corporate Services

REPORTING OFFICER

Manager Governance and Corporate Services - Sarah Pierson

Economic and Business Development Coordinator - Jaylene Chambers

Environmental Health Coordinator - Jane Cook

AUTHORISING OFFICER

Director, Community and Commercial Services - Naomi Searle

NATURE OF DECISION

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

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Current Council Policy - Non Exclusive Commercial Use of City Land

Attachment b    Proposed Council Policy - Commercial Use of City Land and Facilities

Attachment c    Current Council Policy - Mobile Vendors on the Jetty

Attachment d   Commercial Hire Site Locations

Attachment e    Proposed Council Policy - Commercial Use of City Land
and Facilities with Committee Amendments
 

 

OFFICER RECOMMENDATION

That the Council:

1.    adopts the revised Council policy titled ‘Commercial Use of City Land and Facilities’ as per Attachment B, to replace the current policy ‘Non-Exclusive Commercial Use of City Land’ (Attachment A); and

2.    rescinds Council policy ‘Mobile Vendors on the Jetty’, effective immediately, with the proposed Council policy ‘Commercial Use of City Land’ providing adequate policy direction.

 

12.10pm:             At this time, Cr Paine lost connection and left the meeting.

 

12.10pm:             At this time, Cr Hick assumed the Chair of the meeting.

 

COMMITTEE RECOMMENDATION

PL2004/304            Moved Councillor K Hick, seconded Councillor K Cox

That the Council:

1.    adopts the revised Council policy titled ‘Commercial Use of City Land and Facilities’ inclusive of the Committee amendments as per Attachment E, to replace the current policy ‘Non-Exclusive Commercial Use of City Land’ (Attachment A); and

2.    rescinds Council policy ‘Mobile Vendors on the Jetty’, effective immediately, with the proposed Council policy ‘Commercial Use of City Land and Facilities’ providing adequate policy direction.

CARRIED 4/0

Reasons:       To widen the definition of “Trading” to include any use for profit and delete cl. 5.10 to remove reference to operational practice, noting it is not a Council adopted document.

EXECUTIVE SUMMARY

This report presents a revised policy with regards to Commercial Use of City Land and Facilities, with Council Policy ‘Non-Exclusive Commercial Use of City Land’ (Attachment A) having been reviewed. Officers recommend it is replaced with an updated policy titled ‘Commercial Use of City Land and Facilities (Attachment B) (the Policy).  The Policy has been updated to provide policy level guidance reflective of the City’s current and recommended future approach to facilitating and regulating the commercial use of City Facilities and land owned and managed by the City (City Land), and is recommended for adoption.

 

Additionally, officers have reviewed the Council policy ‘Mobile Vendors on the Busselton Jetty’ (Attachment C) (Mobile Vendors Policy) and recommend it be rescinded, with the proposed Commercial Use of City Land and Facilities policy covering the circumstance of trading on the Jetty.

 

BACKGROUND

The current policy was initially adopted in December 2016 to provide an overall framework and set of guiding principles for the management of non-exclusive commercial use of City Land.  The policy was developed in recognition of the increasing potential for commercial use of public land, and the need to develop a coherent, fair and workable approach to managing that activity. 

 

There is a range of commercial activity that occurs on local government owned and/or managed land in the City of Busselton.  That includes commercial activity undertaken on land leased from the City, the frameworks for which are well established and reasonably well understood, and other kinds of commercial activity, which this policy was designed to cover. 

 

The City currently facilitates the commercial use of City Land under non-exclusive arrangements through the following initiatives:

 

·    the issuing of food trading permits – advertised every two years, with permits issued annually;

·    the establishment of commercial hire site permits – previously advertised every three years but moving to a two year period as at the end of June 2020 to align with above;

·    the establishment of kiosks on the foreshore, and

·    the provision of mobile vendors on the jetty.

 

At present, there are approvals in place for the following:

·    11 mobile food vendors;

·    9 itinerant food vendors;

·    4 ‘commercial hire sites’; and

·    5 outdoor exercise operators.

 

The City continues to receive approximately 2 requests per week for new sites/businesses, and will shortly advertise for an increased number (12) of commercial hire sites (Attachment D).

 

Additionally, the City allows through hire arrangements some commercial use of City facilities such as halls and function rooms at the YCAB and the CRC, with the City’s fees and charges containing both commercial and community rates.  Commercial use of halls is generally secondary to community use of these facilities.  

 

The continued shift to more flexible trading continues to represent a significant opportunity for the City and its residents, while also bringing with it a range of challenges. 

 

It is often the case that such activity:

 

·    provides a relatively low-cost and low-risk basis for new business development;

·    provides a service in a location where services would not otherwise be provided;

·    assists in activating and increasing the vibrancy of public spaces, and in some cases improves the broader commercial/trading environment in the area;

·    delivers additional financial return to the City (and therefore the community as a whole) related to the value of City land, and the value of infrastructure developed and maintained by the City; and

·    may provide a service that is genuinely different to that which can be provided by seemingly equivalent permanent, fixed businesses.

 

There are sometimes concerns however about whether activity of this kind may:

 

·         benefit from an ‘uneven playing field’ relative to permanent, fixed businesses, in particular those offering equivalent goods and/or services;

·         undermine the viability of equivalent permanent, fixed businesses; and/or

·         in an overall sense, generate less social and/or economic benefit than equivalent permanent, fixed businesses.

 

It is in this broader context that the City developed the current policy; with the policy designed to provide overarching strategic direction, and a set of consistent principles which could be applied to different kinds of activities and situations.  The review of this policy, along with the Mobile Vendors on the Jetty Council policy, has been prompted by the City’s ongoing policy review process and presents a timely opportunity to ensure that the use of City Land for non-exclusive commercial purposes is aligned to Council expectations.  

OFFICER COMMENT

The facilitation of an innovative and diversified economy, offering a variety of business and employment opportunities in addition to consumer choice, is a key community objective within the City’s Strategic Community Plan 2017 (review 2019) (SCP).  The support of local business as a driver of economic growth is also important and is an objective reflected in the SCP.    Facilitating the use of City Land and facilities for commercial purposes is one means by which the City can support these objectives, offering traders the opportunity to trade in a semi-flexible fashion. 

 

Commercial Use of City Land and Facilities Council Policy

In reviewing and re-drafting the Policy officers asked themselves three key questions:

1.         What do we want to achieve? (Or, what should the policy objectives be?)

2.         What types of activities need to be considered and how are they best categorised?

3.         How are those activities regulated and managed currently?

 

Policy Objectives

The Policy reiterates the following objectives for non-exclusive commercial use of City Land and facilities, i.e. commercial use of City Land outside of a lease arrangement:

·    encouraging innovation, business development, and overall economic growth;

·    providing diversified goods and services to residents and visitors;

·    value adding to the overall resident and visitor experience; and

·    enhancing the vibrancy and activation of public spaces

While primarily economic, the capacity for such land use to create vibrancy and activates spaces is also recognised, and aligns to community objective 2.3 of the SCP - to facilitate creative urban design which produces vibrant, mixed use town centres and public spaces. 

 

Policy Scope

The scope of the Policy has been simplified and broadened to cover any use of City Land or facilities for Trading (as defined) excluding for events or markets (covered by the Events Policy), for outdoor eating (covered by the Al Fresco Policy), for use by buskers and street entertainers (a separate policy will be developed for this use), or use under a lease. 

 

The types of activities are broadly categorised as:

 

·    Fixed Trading – Trading that operates from a particular location for fixed periods of time; and

·    Itinerant Trading –Trading that operates from place to place on a roaming basis with a set time limit at any one place e.g. an ice cream van

 

This covers a range of more specific activities, including:

 

·    Commercial Hire Sites such as Aquatastic and Dunsborough Bike Hire

·    Kiosks on the foreshore

·    Ice-cream vans such as Mr Whippy

·    Boot camp and other PT based activity

 

Fixed Trading can occur at City facilities and on City Land at pre-determined Designated Sites; and for non-food based trading, ad hoc proposals and locations may be considered at the discretion of the CEO.  The Policy maintains the current approach of publicly seeking applications (generally through an expression of interest process) for Fixed Trading at Designated Sites and for Itinerant Trading. 

 

Regulation and Management

Relevant City of Busselton Local Laws (listed as Related Documents in the Policy) establish the requirement for a permit for certain activities and empower the City to grant such permits.  Any applications for a permit must be assessed by the City in a fair, consistent, efficient and reasonable fashion, guided by the relevant considerations set out in the respective local laws.  Policies adopted by the Council would be relevant and important considerations. If an application is submitted which is inconsistent with a policy that restricts or regulates particular kinds of activities in particular locations, the policy would generally be a reasonable basis on which to refuse the application.

 

To this end the Policy sets out factors for consideration when assessing an application, including:

 

·    the type and regularity of the activity as it relates to its location;

·    the potential economic benefit of the activity;

·    the potential impact on the surrounding existing businesses;

·    the impact of the activity on the surrounding amenity;

·    the cost to ratepayers of facilitating the activity; and

·    the experience and capacity of the applicant to operate the activity.

 

Overall, the revised policy continues the City’s current approach to facilitating and regulating the use of City Land and facilities for commercial purposes and provides updated, appropriate overarching direction and guidance. 

 


 

Mobile Vendors on the Jetty Council Policy

The Mobile Vendors Policy was adopted in November 2011 to set out the process for recruitment and selection of suitable mobile vendors on the Busselton Jetty.  It was reviewed in April 2017 to ensure it was consistent with the Non-Exclusive Commercial Use of City land Policy, adopted in 2016. 

 

The policy was developed at a time when the offerings on the Jetty were not overly diversified.  The policy was designed to encourage food and beverage vendors that did not compete directly with Busselton Jetty Inc. at various locations on the jetty (heritage node 4 and section 7).  It is officers’ view that, at this point, the revised Commercial Use of City land and Facilities policy provides adequate coverage of such trading, and that the Mobile Vendors Policy can be rescinded. 

Statutory Environment

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

 

The Activities in Thoroughfares and Public Places and Trading Local Law 2015 and the Property Local Law 2010 sets out the statutory provisions for trading and the use of City Land.  The Jetties Local Law 2014 sets out the statutory provisions for trading at the Jetty.

 

Much of the activity covered by the Policy consists of the sale of food and drink, requiring the registration of food premises pursuant to the Food Act 2008. Generally, that will, in addition to a permit under one of the above local laws, require registration of the food premises with the City.

Relevant Plans and Policies

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

Financial Implications

There are no financial implications associated with the officer recommendation.

The fees and charges set out above are established under the Local Government Act 1995, and reflect the administrative cost associated with assessing and managing applications – they do not represent a return on the value of the land or infrastructure that the business uses and/or benefits from.

Stakeholder Consultation

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

Risk Assessment

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

Options

As an alternative to the proposed recommendation the Council could require further amendments to the Policy and / or could choose not to rescind the Mobile Vendors Policy.


 

CONCLUSION

In accordance with the City’s Policy Framework, the City’s current policies in relation to the non-exclusive commercial use of City land and mobile vendors on the Busselton Jetty have been reviewed and revised to provide policy level guidance reflective of the City’s current and recommended future approach to the facilitation and regulation of City Land for commercial purposes.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Policy will be placed on the City’s website within one week of Council adoption, with the Mobile Vendors Policy rescinded immediately.

 

 


Policy and Legislation Committee

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29 April 2020

6.2

Attachment a

Current Council Policy - Non Exclusive Commercial Use of City Land

 


 


 


 


Policy and Legislation Committee

52

29 April 2020

6.2

Attachment b

Proposed Council Policy - Commercial Use of City Land and Facilities

 


 


 


Policy and Legislation Committee

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29 April 2020

6.2

Attachment c

Current Council Policy - Mobile Vendors on the Jetty

 


 


 


 


Policy and Legislation Committee

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29 April 2020

6.2

Attachment d

Commercial Hire Site Locations

 


Policy and Legislation Committee

60

29 April 2020

6.2

Attachment e

Proposed Council Policy - Commercial Use of City Land and Facilities with Committee Amendments

 


 


 


Policy and Legislation Committee                                  61                                                                      29 April 2020

6.4             REVIEW OF COUNCIL POLICY: LEASES OF CITY LAND AND BUILDINGS

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Council Policies

BUSINESS UNIT

Corporate Services

REPORTING OFFICER

Property Management Coordinator - Sharon Woodford-Jones

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   Council Policy: Leases of City Land and Buildings (Current)

Attachment b    Council Policy: Leasing of City Premises (Proposed)

Attachment c    Council Policy: Leasing of City Premises (Proposed) with Committee Amendments  

 

12:12pm:          At this time, Sharon Woodford-Jones entered the meeting. 

 

12:14pm:          At this time, Cr Paine re-entered the meeting and resumed the Chair.

OFFICER RECOMMENDATION

That the Council adopts the revised policy ‘Leasing of City Premises’ at Attachment B, replacing the current policy ‘Leases of City Land and Buildings’ at Attachment A.

 

 

COMMITTEE RECOMMENDATION

PL2004/305            Moved Councillor G Henley, seconded Councillor K Hick

That the Council adopts the revised policy ‘Leasing of City Premises’ inclusive of Committee Amendments as per Attachment C, replacing the current policy ‘Leases of City Land and Buildings’ at Attachment A.

CARRIED 5/0

 

Reasons:       To remove reference in the policy statement (cl. 5.5) to the operational practice, noting it is not a Council adopted document, and to amend “Lease” in cl. 5.1 to lower-case “lease”, being general terminology and not a defined term.

 

EXECUTIVE SUMMARY

This report presents a revised Council policy ‘Leasing of City Land and Buildings’ (Attachment A), with officers recommending it is replaced with an updated policy ‘Leasing of City Premises’ (Attachment B) (the Policy)

 

The Policy has been updated to the new Council policy format and minor amendments have been made for readability and clarity. In addition, the Policy contemplates scenarios that may require novel provisions driven by community expectations, fairness and responsible asset management.


 

BACKGROUND

Council policy ‘Leases of City Land and Buildings’ was developed in 2016. During the four years since, there have been a number of significant developments in the district resulting in the creation of new property assets and a major overhaul of others.  The Policy revisions take into consideration Council’s approach in relation to those developments and revisions to the Strategic Community Plan. In particular, it acknowledges the need to address long term asset management.

 

Whilst the aim will always be to use a standardised format lease (in non-commercial scenarios) some flexibility is necessary in adapting to modern requirements and circumstances; the means by which this will be addressed will be contained in any Operational Practice linked to this Policy.

OFFICER COMMENT

As an important resource for the community, the City’s land and buildings need to be managed in a manner that reflects the goals and aspirations of the City’s Strategic Community Plan.  The objective is to ensure a good range and quality of services and facilities available to the community.

 

This Policy will provide a framework and methodology for effective utilisation of City Premises.  It will facilitate responsible asset management and address the need to properly preserve land and property assets. It is designed to reflect the need for some flexibility to meet particular circumstances such as a long or short term capital works program or the preservation of heritage or conservation assets.

Statutory Environment

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

 

The Land Administration Act 1997 (WA) (LAA) governs leases on Crown land.  The City is responsible for the care, control and management of land reserved by the Minister for Lands under the LAA. The City manages land according to management orders made under section 46 of the LAA. Any proposal to lease or licence land requires the prior written approval of the Minister.

Relevant Plans and Policies

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

 

Financial Implications

The aim of the Policy is to develop an approach that facilitates responsible asset management and long term sustainability of City assets. The intent is to limit the financial burden on the City of maintaining land and buildings where there are opportunities for lessees to take on some or all of that responsibility. 

 

Otherwise, there are no financial implications associated with the officer recommendation.

Stakeholder Consultation

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

Risk Assessment

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

Options

As an alternative to the proposed recommendation the Council could require further amendments to the Policy.

 

CONCLUSION

A uniform and transparent approach to leasing City Premises will give direction and guidance to all those involved and affected.  Council decisions have generally established a consistent approach and a move towards more standard lease (or lease/licence) terms and conditions.  This Policy seeks to capture and reinforce this whilst at the same time acknowledging the fact that the uniqueness of land and building assets require varying levels of control and management.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

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

 


Policy and Legislation Committee

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29 April 2020

6.4

Attachment a

Council Policy: Leases of City Land and Buildings (Current)

 


 


 


 


 


 


 


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29 April 2020

6.4

Attachment b

Council Policy: Leasing of City Premises (Proposed)

 


 


 


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29 April 2020

6.4

Attachment c

Council Policy: Leasing of City Premises (Proposed) with Committee Amendments

 


 


 


Policy and Legislation Committee                                  79                                                                      29 April 2020

6.5             REVIEW OF COUNCIL POLICY: GRANTING OF ACCESS TO PUBLIC VENUES

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Council Policies

BUSINESS UNIT

Governance Services

REPORTING OFFICER

Governance Coordinator - Emma Heys

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   Council Policy: Council Property - Granting of Access to Public Venues (Current)

Attachment b    Council Policy: Community Hire of City Property (Proposed))

Attachment c    Council Policy: Community Hire of City Property (Proposed) with Committee Amendments  

    

OFFICER RECOMMENDATION

That the Council adopts the proposed Council policy titled ‘Community Hire of City Property’ as per Attachment B, and rescinds the current policy ‘Council Property – Granting of Access to Public Venues’ (Attachment A).

 

COMMITTEE RECOMMENDATION

PL2004/306            Moved Councillor K Hick, seconded Councillor G Henley

That the Council adopts the proposed Council policy titled ‘Community Hire of City Property’ inclusive of Committee amendments as per Attachment C, and rescinds the current policy ‘Council Property – Granting of Access to Public Venues’ (Attachment A).

CARRIED 5/0

Reasons:       To provide clarity, to streamline the scope and clearly delineate the City’s right to decline and condition bookings, as well as correction of a typographical error.

 

EXECUTIVE SUMMARY

This report presents a proposed Council policy, ‘Community Hire of City Property’ (Attachment B) (the Policy), which addresses the prioritisation of community use and access to City properties, with officers recommending the current Council Policy ‘Council Property – Granting of Access to Public Venues’ (Attachment A) be rescinded.

 

The Policy has been developed to provide a framework for equitable and consistent community access to City properties and facilities for one-off and seasonal hire.

 

BACKGROUND

The objective of Council policy: Council Property – Granting of Access to Public Venues was to manage the use of hall facilities for retail or commercial purposes and where there may be a perception of an unfair advantage by way of direct competition with other activities carried out in recognised commercial floor space throughout the district.

 

The policy outlined the categories which were to be used to prioritise applications from community groups to gain access to public venues. The policy was previously used to support Council policy 027 Community Facilities Bookings, which was rescinded in November 2017 and replaced with an amended version of Council policy, 249 Non-Exclusive use of City Land and Facilities (C1712/322) (Council Policy 249).

 

A report was presented to the Policy and Legislation Committee in 9 April 2019, recommending the rescission of Council policy: Council Property – Granting of Access to Public Venues. The Committee deferred consideration of the policy until a future meeting so that it can be further reviewed in conjunction with a review of Council Policy 249.

 

Council Policy 249 has now been reviewed and is the subject of separate report in this agenda.

OFFICER COMMENT

The City facilitates the one off and seasonal hire of City owned and managed properties and facilities, including function areas, office space, community facilities, public open space and sporting grounds, for purposes that demonstrate a direct benefit to the district.

 

Currently, the broad framework which guides officers and the community is provided for in point 6 of the ‘Guiding Principles for Implementation’ in Council Policy 249:

 

…6. Notwithstanding clause 1 above, where there is a need for short term or seasonal hire of City land and/or facilities for a specific use, these will be managed through appropriate guidelines specific to each portion of land or facility, in keeping with the broader policy direction.

 

Council policy Council Property – Granting of Access to Public Venues is in addition to this and is not well utilised in the assessment of hire applications for City property.  Having said that, there is a need for a revised policy level document that provides clear objectives and principles to guide the assessment of community applications for hire.

 

The Policy seeks to set a more complete framework for the use of City Property which enables community focused programs, activities and services aligned to the Council’s Strategic Community Plan, and guides the fair and equitable access to City Property for community groups and residents.  While use by locally based organisations, groups, and individuals for community purposes is to be prioritised, some commercial use is also permissible under the revised Council Policy 249 – proposed as the Commercial Use of City Land and Facilities policy.

 

The objectives of the Policy are achieved through applying a set of assessment criteria to community applications, including considering the capacity of the specific City property, and how well the application aligns with the Council’s Community Strategic Plan and the principles outlined in the Policy.

 

It is recommended that Council Property – Granting of Access to Public Venues be rescinded and the Policy be adopted.

Statutory Environment

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

Relevant Plans and Policies

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

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

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

Risk Assessment

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

Options

As an alternative to the proposed recommendation the Council could require further amendments to the Policy and / or could choose not to rescind the Mobile Vendors Policy.

CONCLUSION

Having captured the criteria and principles in which priority is given to community access and use of Council Property in the Policy, it is recommended that Council Property – Granting of Access to Public Venues be rescinded and the Policy be adopted.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Policy will be placed on the City’s website within one week of Council adoption, with Council Property – Granting of Access to Public Venues being immediately rescinded.

 


Policy and Legislation Committee

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29 April 2020

6.5

Attachment a

Council Policy: Council Property - Granting of Access to Public Venues (Current)

 


Policy and Legislation Committee

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29 April 2020

6.5

Attachment b

Council Policy: Community Hire of City Property (Proposed)

 


 


 


Policy and Legislation Committee

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29 April 2020

6.5

Attachment c

Council Policy: Community Hire of City Property (Proposed) with Committee Amendments

 


 


 

 

12.40pm:             At this time, Ms Pierson and Ms Woodford-Jones left the meeting.

 


Policy and Legislation Committee                                  89                                                                      29 April 2020

6.3             REVIEW OF COUNCIL POLICY 043: APPLICATIONS FOR EXPLORATION OR MINING / EXTRACTION LICENCES FOR COAL

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Council Policies

BUSINESS UNIT

Governance Services

REPORTING OFFICER

Governance Officer - Melissa Egan

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

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

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Council Policy: Applications for Exploration or Mining / Extraction Licences for Coal or Gas Extraction with Hydraulic Fracturing (proposed)

Attachment b    Council Policy: Applications for Exploration or Mining / Extraction Licences for Coal (current)

Attachment c    Council Policy: Applications for Exploration or Mining / Extraction Licences for Coal with Committee Amendments  

 

OFFICER RECOMMENDATION

That the Council endorse the revised Council policy ‘Applications for Exploration or Mining / Extraction Licences for Coal or Gas Extraction With Hydraulic Fracturing” (Attachment A), noting no substantive changes from the current Council policy.

 

COMMITTEE RECOMMENDATION

PL2004/307            Moved Councillor G Henley, seconded Councillor K Hick

That the Council endorse the revised Council policy ‘Applications for Exploration or Mining / Extraction Licences for Coal or Gas Extraction With Hydraulic Fracturing” inclusive of Committee amendments to include an advocacy response, and as per Attachment C (as circulated to the Committee).

CARRIED 5/0

Reasons:       To amend the proposed policy to add an advocacy response in cl. 5.3.

 

EXECUTIVE SUMMARY

This report presents Council policy 043: Applications for Exploration or Mining / Extraction Licences for Coal (the Policy), which has been transferred into the City’s updated policy template (Attachment A) in accordance with the City’s Policy Framework.  The Policy is considered of continuing relevance and is recommended for endorsement by Council. The current Policy is attached at Attachment B for reference.

 


 

BACKGROUND

The Policy relates to applications made under the Mining Act 1978 for the purposes of coal and related materials extraction, for all land within the district of the City of Busselton.

 

As the Policy stands alone from the application process relating to mineral sands and related materials, it is still considered relevant and applicable to officers in the assessment of applications for the exploration of coal. Before this type of licence is granted, the applicant is required to undergo a consultation process and notify the relevant local government of the application. The local government may object to the application, however the grounds of any objection are limited, particularly if the subject area lies outside a designated townsite (as defined by the Land Administration Act 1997). The Policy provides some guidance as to the grounds on which the City of Busselton may object to an application.

 

The Policy has been reviewed and, although it is rare for such applications to be made in the City of Busselton district, it is considered of continuing importance. The changes proposed are mainly minor amendments, and mostly involve the Policy being transferred into the updated Council policy template in accordance with the City’s Policy Framework. The other key changes relate to the replacement of references to ‘coal seam gas’ with references to ‘gas extraction using hydraulic fracturing’. The rationale for the proposed changes is set out below in the Officer Comment.

 

It should be noted that there are some gas reserves in the Whicher Range, and there has been exploratory drilling undertaken at times over the last few decades. At this stage, there has not been, and nor is there any active proposal for, commercial gas extraction. The current tenement owners have also indicated that, were they to proceed to commercial extraction, they would not use ‘hydraulic fracturing’ to do so.

OFFICER COMMENT

The objectives of the Policy are still current and, having been reviewed by officers, it is considered that no particularly substantive amendments are required to the content of the Policy. Officers have made some minor amendments to the Policy to reflect current community attitudes towards the extraction of gas by means of hydraulic fracturing, and the evolution of terminology since the Policy was first adopted. There is also a definition for the applicable petroleum legislation under which such extraction would take place (note that there are several separate pieces of legislation, and the definition is broader than simply a single act and/or regulation). This report seeks Council endorsement of these minor amendments and the transfer of the Policy into the updated template.

Statutory Environment

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

The Policy relates to applications made under section 8A of the Mining Act, as well as to applications made under applicable State petroleum legislation, which relates to onshore gas extraction. Offshore gas extraction is generally regulated under Federal law, and at this stage there have not been any proposals for offshore gas extraction within the region, although exploration permits have been sought in the past.

Relevant Plans and Policies

The City has a policy framework which was developed and endorsed by Council in response to the recommendations of the 2017 GSR. The framework sets out the intent of Council policies, as opposed to operational documents such as operational practices.

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

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

Risk Assessment

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

 

Options

As an alternative to the proposed recommendation, the Council could:

1.    Request the Policy remains in its current template; or

2.    Require further amendments to the Policy.

CONCLUSION

This report presents the Council policy 043: Applications for Exploration or Mining / Extraction Licences for Coal or Gas Extraction with Hydraulic Fracturing (Attachment A), having been transferred into the City’s updated policy template, for endorsement by Council.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Policy will be uploaded to the website immediately after Council’s endorsement.

 


Policy and Legislation Committee

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29 April 2020

6.3

Attachment a

Council Policy: Applications for Exploration or Mining / Extraction Licences for Coal or Gas Extraction with Hydraulic Fracturing (proposed)

 


 


Policy and Legislation Committee

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29 April 2020

6.3

Attachment b

Council Policy: Applications for Exploration or Mining / Extraction Licences for Coal (current)

 


 


Policy and Legislation Committee

95

29 April 2020

6.3

Attachment c

Council Policy: Applications for Exploration or Mining / Extraction Licences for Coal with Committee Amendments

 


 

 


Policy and Legislation Committee                                  96                                                                      29 April 2020

7.               General Discussion Items  

Nil

 

8.               Next Meeting Date

The next Committee Meeting is to be advised.

 

9.               Closure

The meeting closed at 12.58pm.

 

 

THESE MINUTES CONSISTING OF PAGES 1 TO 2 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON _________________________________________

 

DATE:______________________  PRESIDING MEMBER: _________________________