COB-RGB

 

 

 

 

 

Council Agenda

 

 

 

13 May 2020

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 13 May 2020

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Council will be held by electronic means on Wednesday, 13 May 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

 

1 May 2020


CITY OF BUSSELTON

Agenda FOR THE Council MEETING TO BE HELD ON 13 May 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 22 April 2020. 5

Committee Meetings. 6

8.2          Minutes of the Policy and Legislation Committee Meeting held 29 April 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        Policy and Legislation Committee - 29/04/2020 - LOCAL PLANNING POLICY REVIEW - INITIATION OF LOCAL PLANNING POLICIES EXEMPTED DEVELOPMENT AND OUTBUILDINGS AND NON-HABITABLE BUILDINGS. 7

12.2        Policy and Legislation Committee - 29/04/2020 - REVIEW OF NON-EXCLUSIVE COMMERCIAL USE OF CITY LAND AND MOBILE VENDORS ON THE JETTY POLICIES. 43

12.3        Policy and Legislation Committee - 29/04/2020 - REVIEW OF COUNCIL POLICY: LEASES OF CITY LAND AND BUILDINGS. 64

12.4        Policy and Legislation Committee - 29/04/2020 - REVIEW OF COUNCIL POLICY: GRANTING OF ACCESS TO PUBLIC VENUES. 80

12.5        Policy and Legislation Committee - 29/04/2020 - REVIEW OF COUNCIL POLICY 043: APPLICATIONS FOR EXPLORATION OR MINING / EXTRACTION LICENCES FOR COAL. 90

13..... Planning and Development Services Report. 99

14..... Engineering and Work Services Report. 100

15..... Community and Commercial Services Report. 101

15.1        COMMUNITY ASSISTANCE PROGRAM 2020/2021. 101

15.2        SPORT AND RECREATION FACILITIES STRATEGY. 111

16..... Finance and Corporate Services Report. 266

16.1        LIST OF PAYMENTS MADE - MARCH 2020. 266

17..... Chief Executive Officers Report. 279

17.1        COUNCILLORS' INFORMATION BULLETIN.. 279

18..... Motions of which Previous Notice has been Given.. 286

19..... urgent business. 287

20..... Confidential Matters. 288

20.1        EXTENSION OF CONTRACT TERM - CHIEF EXECUTIVE OFFICER

21..... Closure. 289

 


Council                                                                                      6                                                                         13 May 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 22 April 2020

Recommendation

That the Minutes of the Council Meeting held 22 April 2020 be confirmed as a true and correct record.

 

Committee Meetings

8.2             Minutes of the Policy and Legislation Committee Meeting held 29 April 2020

Recommendation

That the Minutes of the Policy and Legislation Committee Meeting held 29 April 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                                                                         13 May 2020

12.             Reports of Committee

12.1           Policy and Legislation Committee - 29/04/2020 - 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  

 

This item was considered by the Policy and Legislation Committee at its meeting on 29 April 2020, the recommendations from which have been included in this report.

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

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 amendments in Attachment D.

 

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.

 


Council

22

13 May 2020

12.1

Attachment a

LPP: Outbuildings and Non-habitable buildings

 


 


 


 


 


 


 


 


 


Council

29

13 May 2020

12.1

Attachment b

LPP: Exempt Development

 


 


 


 


Council

38

13 May 2020

12.1

Attachment c

LPP: Outbuildings and Non-habitable buildings with Committee Amendments

 


 


 


 


 


 


 


 


 


Council

42

13 May 2020

12.1

Attachment d

LPP: Exempt Development with Committee Amendments

 


 


 


 


Council                                                                                      47                                                                      13 May 2020

12.2           Policy and Legislation Committee - 29/04/2020 - 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, 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   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  

 

This item was considered by the Policy and Legislation Committee at its meeting on 29 April 2020, the recommendations from which have been included in this report.

 

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.

 

COMMITTEE RECOMMENDATION

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.

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.

 


Council

52

13 May 2020

12.2

Attachment a

Current Council Policy - Non Exclusive Commercial Use of City Land

 


 


 


 


Council

55

13 May 2020

12.2

Attachment b

Proposed Council Policy - Commercial Use of City Land and Facilities

 


 


 


Council

59

13 May 2020

12.2

Attachment c

Current Council Policy - Mobile Vendors on the Jetty

 


 


 


 


Council

60

13 May 2020

12.2

Attachment d

Commercial Hire Site Locations

 


Council

63

13 May 2020

12.2

Attachment e

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

 


 


 


Council                                                                                      66                                                                      13 May 2020

12.3           Policy and Legislation Committee - 29/04/2020 - 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  

 

This item was considered by the Policy and Legislation Committee at its meeting on 29 April 2020, the recommendations from which have been included in this report.

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

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.

 

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.

 

  


Council

73

13 May 2020

12.3

Attachment a

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

 


 


 


 


 


 


 


Council

76

13 May 2020

12.3

Attachment b

Council Policy: Leasing of City Premises (Proposed)

 


 


 


Council

79

13 May 2020

12.3

Attachment c

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

 


 


 


Council                                                                   82                                                                      13 May 2020

12.4           Policy and Legislation Committee - 29/04/2020 - 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  

 

This item was considered by the Policy and Legislation Committee at its meeting on 29 April 2020, the recommendations from which have been included in this report.

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

PL2004/001            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).

 

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.


Council

83

13 May 2020

12.4

Attachment a

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

 

 

              


Council

86

13 May 2020

12.4

Attachment b

Council Policy: Community Hire of City Property (Proposed)

 


 


 


Council

89

13 May 2020

12.4

Attachment c

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

 


 


 


Council                                                                                      92                                                                      13 May 2020

12.5           Policy and Legislation Committee - 29/04/2020 - 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 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: 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  

 

This item was considered by the Policy and Legislation Committee at its meeting on 29 April 2020, the recommendations from which have been included in this report.

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

PL2004/001            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).

 

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

  


Council

94

13 May 2020

12.5

Attachment a

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

 


 


Council

96

13 May 2020

12.5

Attachment b

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

 


 


Council

98

13 May 2020

12.5

Attachment c

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

 


 

 


Council                                                                                      100                                                                    13 May 2020

13.             Planning and Development Services Report

Nil


 

14.             Engineering and Work Services Report

Nil


Council                                                                                      104                                                                    13 May 2020

15.             Community and Commercial Services Report

15.1           COMMUNITY ASSISTANCE PROGRAM 2020/2021

STRATEGIC GOAL

1. COMMUNITY: Welcoming, friendly, healthy

STRATEGIC OBJECTIVE

1.4 Community services and programs that support people of all ages and backgrounds.

SUBJECT INDEX

Donations, Contributions and Subsidies

BUSINESS UNIT

Community Services

REPORTING OFFICER

Community Development Officer - Naomi Davey

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

Absolute Majority

ATTACHMENTS

Attachment a   2020/21 Community Assistance Program Draft Guidelines  

 

OFFICER RECOMMENDATION

That the Council:

1.         Endorses the allocation of $211,341 in the draft 2020/21 Donations, Contributions and Subsidies budget towards the Community Assistance Program;

2.         Delegate authority to the Chief Executive Officer to approve applications for the Community Assistance Program 2020/2021; and

3.         Endorse the allocation of up to $25,000 in the draft 2020/21 Donations, Contributions and Subsidies budget to the Dunsborough and Districts Progress Association for the Yallingup Slippery Rocks Percent for Art Sculpture.

 

EXECUTIVE SUMMARY

The COVID-19 pandemic has had a significant impact on the international, national and local economies. Already within the City of Busselton, residents, businesses and employers are being significantly impacted by the government mandated businesses closures and social distancing measures, as well as the interstate and regional travel restrictions that have been put into place.

 

This report requests Council consider a Community Assistance Program as a response to the COVID-19 pandemic that will be followed by a broader community recovery plan developed through the initiation of the Local Recovery Group. The Community Assistance Program will refocus the City’s annual community bids funding program towards recovery initiatives that have a social and economic stimulus at the local level, and that complement both State and Federal Government support and stimulus packages.

 

BACKGROUND

The COVID-19 pandemic sand social distancing measures implemented to stop the spread of the virus have resulted in the closure of many businesses, community facilities and recreational areas. As such, a large number of community organisations and sporting groups have been adversely effected. While the complete community impact assessment from the pandemic is yet to be fully understood, feedback from community stakeholders indicate that as a result of these restrictions, the ability to raise revenues through the delivery of programs and fundraising activities will have a significant impact on community groups and their ability to continue operations.

 

The introduction of restrictions on 15 March 2020 limited the number of people that could gather in public or at an event to less than 500. Subsequent amendments to these restrictions reduced the number of people that could gather to just two individuals that do not normally reside together, leading to the closure of community and recreational facilities, competitions and operations. While this has been relaxed back to 10 people, the ongoing uncertainty around restrictions and the future has hit the local and regional communities hard.

 

The State and Federal Governments have responded to the COVID-19 pandemic by releasing a number of stimulus and support packages to assist individuals and businesses, including community organisations and sporting groups. The initiatives to date have been aimed at getting cash flow back into businesses to help keep employees in jobs and provide financial relief. 

 

The City of Busselton has also responded to the COVID19 pandemic offering  support to community organisations and sporting groups, and on 1 April 2020, Council endorsed (C2004/104) a range of economic and community measures including, but not limited to;

 

·    Not increasing rates for the 2020/21 financial year;

·    Introduction of weekly, fortnightly and monthly payment options for rates payments;

·    Reducing interest and payment charges to rates billing and collection;

·    Relaxing terms and conditions on payment arrangements on a case by case basis;

·    Consideration of revised 2020/21 Community Bids funding package;

·    Consideration of a revised 2020/21 marketing and events sponsorship package;

·    Consideration of the repurposing of the unallocated and unspent funds from the 2019/20 marketing and events budgets generated through the Industrial and Commercial Differential

Rate.

 

Each year, the City provides financial assistance to community groups and not-for-profit organisations through a Community Bids funding program. This assistance is provided for specific activities or projects proposed to be undertaken by that group or organisation within the forthcoming financial year. An allocation of 0.5% of estimated rates is applied each year to fund the program as resolved by Council (C1103/097). 

OFFICER COMMENT

Since the initiation of the COVID-19 response by the City of Busselton, the Community Development team have been undertaking consultation with community organisations and sporting groups to assess the impact of restrictions, in addition to liaising with State Sporting Associations, State Government agencies and funding bodies such as Lotterywest. Initiatives that have already been undertaken include:

 

·    development of the Community Group Response Plan – Help Sheet,

·    distribution of a business continuity plan and cash flow templates to groups included in the City’s My Community Directory,

·    one-on-one meetings with groups to assist in planning and cash flow analysis, and

·    the establishment of food relief services in response to the withdrawal of the Uniting Church services.

 

At the Special Meeting held on 1 April 2020, Council endorsed (C2004/104) the consideration of a revised 2020/21 Community Bids funding package. This report recommends a refocused financial assistance program, the Community Assistance Program, for community organisations and sporting groups in the 2020/2021 financial year.

 

The Community Assistance Program would be available to not-for-profit incorporated groups and organisations that provide services within the City’s boundaries, to a maximum allocation of $10,000 per application.

 

The Program proposes three funding schemes:

1.    Assistance Grant - provide assistance to continue community services to those groups that are facing financial hardship (as defined in the City of Busselton COVID-19 Financial Hardship Policy)

2.    Junior Sport Assistance Grant - provide assistance to junior sporting groups that are facing financial hardship (as defined in the City of Busselton COVID-19 Financial Hardship Policy)

3.    Revitalisation Grant - to target local trades stimulus through infrastructure development and/or revitalisation

It is proposed that any local stimulus or assistance package be complementary to the State and Federal packages, including the Lotterywest COVID-19 Relief Fund. Applicants will need to demonstrate where assistance has been sought from other avenues and the result of any submissions. Community organisations and sporting groups who meet the requirements will be invited to submit an application. It is proposed the Program will fund hardship projects such as rent, insurance, public liability, utility costs, administration support and infrastructure projects such as; painting, solar panels, scoreboard upgrades, building project to improve access and goal posts.

 

Projects eligible for funding under the Assistance and Junior Assistance Grant will include:

·    Direct financial assistance to community organisations and junior sporting groups experiencing hardship due to the impacts of COVID -19

·    Operational projects that support the continued delivery of the organisation’s and / or junior sporting group’s primary services for residents

 

Projects eligible for funding under the Revitalisation Grant will include:

·    Infrastructure maintenance and renewal projects

·    Upgrades to existing community facilities.

 

Assistance and Junior Assistance Grants are not intended to fund the following:

·    Capital expenditure

·    Personal expenses

·    Purchase of equipment unless directly related to the project

·    Affiliation & Membership Fees

 

Revitalisation Grants are not intended to fund the following:

·    Construction of standalone new community facilities

·    Projects that are on land owned by an individual or an ineligible entity

·    Projects considered the responsibility of other government departments, individuals and private for-profit groups

·    Projects that are not complimentary to the City’s Draft Sport and Recreation Facilities Strategy 2020-2030

 


 

Applicants must provide the following:

·    Copy of current financial report, including evidence that the impact of COVID 19 has had on the organisation

·    A full budget for expenditure

·    Quotations from suppliers

·    Any other income sources used to fund the project

·    Insurance certificates

·    Documents demonstrating hardship resulting from COVID-19 impacts as outlined in the City of Busselton COVID-19 Financial Hardship Policy

 

Timeframes

It is proposed that applications will be open for the duration of the 2020/2021 financial year or until all funds are allocated. It is expected that any proposed activity will be completed by 30 June 2021.

 

Local Suppliers

Applicants should utilise local suppliers where possible for project delivery and will be considered favourably.

 

Assessment Criteria

Applicants will be assessed on the following criteria:

·    The degree that the community organisation or sporting group has been negatively impacted by the COVID-19 pandemic

·    The degree that the community organisation or sporting group is contributing to the broader community and the level of service it provides

·    Does the project meet an identified community need (identified in a community impact assessment)?

·    The degree to which the project will have an impact on the community.

·    The use of local suppliers (where possible)

 

It is proposed that applications will be assessed by City officers, and recommendations for funding presented to a Community Assistance Program panel. The Panel membership will include up to two (2) Councillors and a City officers, and will meet on a monthly basis to review applications. It is also proposed that the Chief Executive Officer be delegated to approve funding allocations.

 

In addition to the proposed Community Assistance Program, as part of the already established Community Bids funding program, two (2) multiyear agreement payments of $10,000 each to Busselton Senior High School Trade Training Centre and South West Academy of Sport are scheduled for the 2020/21 financial year.

 

Further to this, during the Community Bids Grant workshop held in March 2020, the Yallingup Slippery Rocks Percent for Art Sculpture was raised as an impending 2020/2021 funding application. The Yallingup Slippery Rocks Percent for Art Sculpture has been led by the Yallingup Art Project Group, an informal group comprising of members from the Yallingup Residents Association, Yallingup Land Conservation District Committee (YLCDC) and Dunsborough and Districts Progress Association (DDPA), as well as other community members.

 


 

In consultation with the Undalup Association, the group have developed the concept drawings of a young Wadandi woman, represented as a bronze statue, positioned among the rocks at Slippery Rocks, Yallingup. The young woman represents a song line particular to the Wadandi people’s use of Yallingup lagoon and will provide a focal point on the new loop trail to be built by Department of Biodiversity Conservation and Attractions and YLCDC at Slippery Rocks. DDPA, as an incorporated body, will auspice the funding for the project on behalf of the Yallingup Art Project Group. Funding of up to $25,000 is sought to commission and install the bronze statue. Officer’s recommend an allocation of up to $25,000 to commission and install the statue in the 2020/21 financial year budget.

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.

Relevant Plans and Policies

The City’s Sponsorship Arrangements Council policy sets out the community bids program as one of the programs through which sponsorship may be provided. 

Financial Implications

Based on the current funding model, total funds included in the draft 2020/21 Donations, Contributions and Subsidies budget is $256,341. Should Council endorse the Officer’s recommendation a total of $211,341 would be available for the Community Assistance Program; with $25,000 towards the Yallingup Slippery Rocks Percent for Art Sculpture, and $10,000 each as part of endorsed multi-year funding agreements going to the Busselton Senior High School Trade Training Centre (Council resolution C1080/151) and the South West Academy of Sport (Council resolution C1708/190). 

Stakeholder Consultation

The City’s Community Development team have consulted widely with local community organisations and sporting groups, peak bodies, State Sporting Associations, funding bodies and other Local Governments across Australia in developing the proposed Community Assistance Program.

Risk Assessment

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

Options

As an alternative to the proposed recommendation the Council could choose to amend the measures proposed by adding or removing initiatives to assist the community throughout the COVID-19 pandemic.

CONCLUSION

Following consultation with community groups it is recommended that the City’s annual Community Bids funding program be refocused towards a Community Assistance Program to provide financial assistance for community organisations and sporting groups in the 2020/2021 financial year associated with COVID-19 recovery initiatives that have a social and economic stimulus at the local level. The program is proposed to support community organisations and sporting groups to return to normal service delivery, competitions and reopen facilities when restrictions ease. 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Officers will commence the actions immediately following Councils resolution.


Council

110

13 May 2020

15.1

Attachment a

2020/21 Community Assistance Program Draft Guidelines

 


 


 


 


 


Council                                                                                      113                                                                    13 May 2020

15.2           SPORT AND RECREATION FACILITIES STRATEGY

STRATEGIC GOAL

1. COMMUNITY: Welcoming, friendly, healthy

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Sport and Recreation Facilities Strategy

BUSINESS UNIT

Community and Commercial Services

REPORTING OFFICER

Senior Sport and Recreation Project Officer - Brendan McNally

AUTHORISING OFFICER

Director, Community and Commercial Services - Naomi Searle

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   Sport & Recreation Facilities Strategy 2020-30

Attachment b    Financial Model

Attachment c    Public submissions on Draft SRFS  

 

OFFICER RECOMMENDATION

That the Council:

1.         Notes submissions received as part of the public consultation process for the City of Busselton’s draft Sport & Recreation Facilities Strategy 2020-2030;

2.         Adopts the City of Busselton Sport and Recreation Facilities Strategy 2020-2030 (Attachment A) as a guide for future planning; and

3.         Acknowledges the recommended projects and priorities may be subject to change in the future given the COVID-19 pandemic and the uncertainty around the future financial capacity of the City’s budget to fund all of the prioritised projects within the proposed timeframes; and requests that key stakeholders be informed of this potential for change.

 

EXECUTIVE SUMMARY

At the Ordinary Meeting of Council on 29 January 2020, Council endorsed (C2001/010) the draft Sport and Recreation Facilities Strategy (2020-2030) (SRFS) for the purpose of public consultation. This report provides a summary of submissions received and recommends Council notes the submissions and adopts the SRFS.

 

BACKGROUND

In February 2007, the then Shire of Busselton endorsed (C0702/030) a Leisure Services Plan for the district; and in 2013 an interim review was undertaken. Since this time, Council has endorsed (C1304/088) the City of Busselton Active Open Space Planning Recommendations and Hierarchy of Active Open Spaces (2013), and over the past decade approximately $23M has been invested into new sport and recreation infrastructure.

 

On 11 April 2018, a briefing session was held with Council to provide an overview of the current provision of sporting spaces, gaps, drivers of demand, emerging trends, and challenges that the levels of population growth has presented, including equitable provision of sport and recreation facilities and infrastructure to meet the community’s growing needs.

 

The briefing identified the need to develop a detailed sport and recreation facilities strategy to ensure capital funding was allocated to prioritised projects, rather than to short-term reactive projects that may meet the wants of some groups but not necessarily consider the needs of the entire district.

 

Subsequently, in 2018/19, a Senior Sport and Recreation Project Officer was employed for a three (3) year period to specifically facilitate the development of a strategy, the SRFS, and commence implementation of the priorities.

 

At a Council briefing held on 23 January 2019, Councillors were briefed on the scope, methodology and proposed outcomes of the SRFS, and provided support for six (6) initial guiding principles to guide its development.

 

These principles included:

·    Engagement

The City will engage with the community.

·    Accessible  

The City will work towards ensuring people of all abilities have the same opportunities to access the buildings and other facilities of the City of Busselton.

·    Responsible delivery and management – social, economic, environmental

The City will ensure that facilities are delivered and maintained in a socially, economically and environmentally accountable way.

·    Sustainable Clubs & Facilities

The City is committed to sustainable Clubs & Facilities by working in partnership to fund, construct, maintain, renew and activate (leasing/booking/programming) facilities via a consistent and justifiable method to ensure maximised use.

·    Shared use, Multi-Purpose

The City will plan, support and encourage multi-functional/flexible/co-located facilities (shared use) where practical, to ensure facilities are operating efficiently and at maximum capacity.

·    Standards of provision – “Quality facilities”

The City will plan, develop and support the construction, maintenance and renewal of facilities across the City via a consistent, justifiable and transparent method e.g. pavilions, change rooms/canteens, playing surfaces, lights, storage, fencing, amenities etc.

 

Further to this, over the past 12 months, significant targeted consultation has been undertaken with key stakeholders and the sport and recreation community to inform the development of the SRFS. In addition to this, a comprehensive review of current facilities, reports, master plans and strategies, industry trends (sport, recreation and health), demographics, and Federal and State Government policies in relation to health and physical activity was undertaken. This all resulted in the development of a comprehensive strategy to guide the development of sporting facilities for the next 10 years.

 

In January 2020, a Draft SRFS was presented to Council requesting that council endorse the Draft SRFS to be advertised for public comment over a period of 45 days (C2001/010). This public consultation period commenced on 30 January and concluded 15 March, with 167 submissions received.

OFFICER COMMENT

The City of Busselton’s SRFS is an important connector between the City’s Strategic Community Plan 2017 (Review 2019) and the allocation of City funding and resources to achieve the strategic objective of improved sport and recreation services and facilities.

 


 

The objectives of the SRFS are to:

 

•     Develop a long term strategy to inform, guide and underpin the planning and provision of indoor and outdoor community sporting and recreation facilities to meet existing and future needs;

•     Identify, investigate and validate the facility needs of the community;

•     Provide a schedule of prioritised community projects that informs the City of Busselton’s Long Term Financial Plan (LTFP);

•     Identify gaps and opportunities around assisting residents to participate and clubs to operate in a sustainable manner;

•     Provide a robust foundation for the review of City of Busselton’s Development Contribution Plan - Community Facilities;

•     Inform community expectations around short, medium and long term facility development; and

•     Develop a hierarchy of facilities at regional, district, sub-district and local catchments.

 

A comprehensive needs analysis and targeted engagement process was undertaken in developing the SRFS, to better understand the needs and desires of a range of users including sporting associations, participants, volunteers and parents.

 

The SRFS is a priority action within the City of Busselton’s Corporate Business Plan (2019-2023) and provides a realistic and achievable schedule of prioritised community projects that informs the LTFP (developed pre COVID-19). Limited resources, land, and availability of external funding means the City cannot deliver all of the desired community infrastructure immediately.  As such, the proposed timing of projects considers these constraints.

 

Over the next 10 years, it is recommended that approximately $37M of sport and recreation projects are undertaken with some of the key projects, in order of priority, including:

 

·    New Dunsborough Lakes Sports Park  – infrastructure for soccer, cricket and court sports;

·    Dunsborough Playing Fields and Naturaliste Community Centre (NCC) Masterplan to include:

Reconfigured playing fields to accommodate the home base for Aussie Rules sport

Refocused use of the NCC to cater for more sport and recreation (gym, group fitness, multi-purpose room and future pool), and

Investigation of the relocation of the Dunsborough Library;

·    Dunsborough and Districts Country Club (DDCC) – partner with DDCC to maximize opportunities at this site for the Dunsborough sub-district including increased space for social/leisure style activities while complementing the organised club sport activities;

·    Vasse Playing Fields – development of sports field lighting, unisex changerooms and pavilion/community space;

·    Geographe Leisure Centre (GLC) – redevelopment of the existing indoor 25m pool to create a dedicated program pool (to cater for learn to swim, hydrotherapy, free play) and repurpose to a dedicated 25m lap pool;

·    Indoor Courts – increase the number of indoor courts within the district at the GLC or Dunsborough Lakes Sports Park;

·    Bovell Sports Park – undertake concept planning and investigations for a Sports Talent Hub in partnership with the West Coast Eagles Football Club;

·    Sports field floodlighting – undertake a number of sports floodlighting projects to increase usage (carrying capacity) of outdoor sporting facilities throughout the district;

·    District squash facility – partner with the Busselton Golf and Busselton Squash Clubs to maximize opportunities at the Busselton Golf Club;

·    Activate foreshores as complementary sports spaces; and

·    Yalyalup Community Oval – development of a community oval, changerooms and multi-purpose/community space.

There are a number of sport and recreation projects that are recommended for Council consideration in the 10+ year timeframe including additional aquatic spaces; district 50m pool and Dunsborough sub-district aquatic space; investigations into strategic land purchases; and consideration for additional district and sub-district sport spaces in the Ambergate and Bovell areas. Progressing with additional aquatic spaces is not currently justified within this draft SRFS based on population and projected growth, with the more sustainable option in the short term being to undertake carrying capacity initiatives on the existing district aquatic space (GLC).  

 

The projects that are identified in the 10+ year timeframe will continued to be monitored, investigated and planned as part of key area three (3), recommended priority seven (7).  More broadly, the SRFS is a living document and while the timeframe is 10 years (2020 – 2030), timely and periodic reviews will be undertaken to ensure planning and implementation reflects the economic and social environment, changes in our the district’s demographics and health profile, industry and sporting trends, facility guidelines, participation data (national/state/local), sporting association strategic plans, and the external funding environment.

 

Following Council’s endorsement (C2001/010) of the draft SRFS for the purposes of public comment, the SRFS was advertised for a period of 45 days. In addition to this, the City’s social media posts were shared widely, while a number of key sporting associations and clubs participated in engagement sessions with City officers. The key information hub, the City of Busselton’s ‘Your Say’ portal, received over 1,100 visits during this time and a total of 167 submissions were received.

 

Of the 167 submissions received, 34 were from sporting clubs, associations and sport advisory groups (on behalf of their respective sports, clubs and members), with the remainder from interested residents and participants, and neighbouring Local Government Authorities. Attachment C summarises these submissions.

 

In assessing the submissions, key themes emerged primarily based around a desire for specific projects to be completed earlier than the timeframes recommended in the SRFS. A focus on Sir Stewart Bovell Sports Park (AFL infrastructure), a district 50m pool, a pool (50m or 25m) for the Dunsborough sub-district, and indoor courts for the District were common responses.  A summary of the key themes is detailed in the table below.

 

Summary  of Submissions

Officer response

Sir Stewart Bovell Sports Park (SSBSP) User Groups

·    Bring forward the upgrade of Bovell sports park, especially aussie rules clubhouse

·    Concerns around;

ageing infrastructure

sewerage limitations

playing surfaces

·    The SRFS is too Dunsborough focused

 

The SRFS aims to provide a balance of sustainable facility development throughout the District. It is not affordable, achievable or justified to attempt to complete all projects at the front end of the SRFS. If this project/recommendation is brought forward then another project/recommendation would need to be pushed back.

One of the first projects being undertaken is the concept design and feasibility at SSBSP to develop a sports talent hub. Time is required to assess the opportunities including the West Coast Eagles Football Club MOU and land available to the south of SSBSP, which will lead to a much more planned, considered and informed outcome.

Existing playing surfaces and floodlights are being addressed through the rolling asset management program.

The development at Vasse playing fields in the SRFS will ease the pressure on SSBSP.

City officers have been working with South West Football League and representatives of the aussie rules clubs, hockey, cricket and soccer to best collectively address sport in the district.

Soccer groups

·    seeking all facilities (5 key venues) upgraded

·    floodlights not to standard and require  upgrade

·    concerns around aged infrastructure

·    seeking all year-round access to grounds

City officers continue to work with the collective soccer clubs on developing the sport’s hierarchy of facilities, including looking at increased use of Barnard Park. We are mindful that Barnard Park was built around rectangle sport, however for various reasons soccer stepped away from this opportunity.

All year round use of playing fields align with the work around the hierarchy, it’s important to note that  not all facilities can be the same, and like Bunbury and Margaret River there is the potential for one venue in the district being available outside of the regular winter season.

Aged infrastructure and fields are being addressed through the rolling asset management program, and in partnership with Clubs.

Busselton Amateur Basketball Association (BABA)

·    general support for the SRFS process and recommendations

·    detailed the challenges facing sport in District – a 5 year wait for additional courts may not be soon enough

·    preference for a 6-court development at the GLC

·    the 2019/20 board has been working well with the City and look forward to continuing this partnership

 

City officers note BABA’s preference in regards to location of new courts and their views on weekend games: supporting a balance between local needs and Basketball WA’s guidelines in regards to court capacity.

City officers and BABA will be working to action all available initiatives and timeslots at GLC and NCC between now and construction of additional courts in the District.

The Lou Weston project will see 6 x outdoor courts from this Summer for basketball (junior use, training and/or games) and officers and BABA will be partnering to promote and monitoring the use of these courts throughout the summer.

City officers, BABA and Basketball WA will continue to partner on the planning work required for the additional indoor courts within the District.

Swimming Clubs and Participants

·    50m pool will resolve the club/squad “issues” and have an ability to host events

·    Pool in Dunsborough is required

·    Challenging participation data

·    Concerns around the operational review/aquatics strategy for the GLC

·    Strong support for investment in beach enclosures as alternate sport spaces

 

The SRFS aims to provide a balance of sustainable facility development throughout the District. It is not affordable, achievable or justified to attempt to complete all projects at the front end of the SRFS. If this project/recommendation (50m pool and/or Dunsborough sub-district pool) is brought forward then another project/recommendation would need to be pushed back.

The participation of swimming within the District aligns with WA and Australian participation.

The construction of two fit for purpose indoor pools will have great benefit for a variety of users (learn to swim, hydrotherapy, group fitness, walking) not just for clubs/squads.

The construction of a pool in the Dunsborough sub-district would benefit the Dunsborough sub-district only, have a significant capital cost, operational cost and resources. The planning being undertaken at Dunsborough Playing Fields and the Naturaliste Community Centre will include the inclusion of a pool. In the interim there is an opportunity for Council to encourage private operators to meet this learn-to-swim, hydrotherapy want in Dunsborough sub-district.

New groups

The Draft stimulated responses from new groups looking to be involved in the SRFS, this included Indoor Hockey and Roller Hockey. These groups had concerns that no dedicated facilities were provided for their disciplines.

Actions in Key Area 2 and infrastructure recommendations in Key Area 3, where feasible, intend to include all forms of Hockey as a SRFS stakeholder through the principle of multi-use facilities. This approach aligns with the guiding principle around multi-use.

Pistol Club & Members:

Seeking a clear direction on where a facility could be developed.

Recommended priority 14  “Develop and present a final report to Council on the options for the hard to locate sports, such as shooting sports, within the District”

 

This recommendation seeks to address the hard to locate sports’ concerns, and looks to provide a clear direction for sports such as Pistol Club.

 

Many of the submissions received indicated that the SRFS, in their view, does not sufficiently inform, guide and underpin the planning and provision of indoor and outdoor community sporting and recreation facilities to meet existing and future needs throughout the City of Busselton.  The common solution put forward was to bring their individual sport/activity of choice forward in the schedule.

 

The SRFS aims to balance the sport and recreation needs throughout the District. With limited resources (municipal funds, land, external funding) the City cannot deliver all of the desired community infrastructure immediately.  As such, the strategic implementation of SRFS recommendations ensures a realistic and achievable schedule of capital funding to prioritised projects, rather than to short-term reactive projects that may meet the wants of some groups but not necessarily consider the needs of the entire district.

 

As a result, this report recommends Council adopts the SRFS without change as a document that directs future planning and guide the allocation of municipal resources and external funding applications over the next 10 years.

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.

Relevant Plans and Policies

The officer recommendation aligns to the City of Busselton Corporate Business Plan 2019-2023, with the SRFS one of the key initiatives and actions in the plan.  It also strongly aligns with strategies contained in the Strategic Community Plan 2017 (Review 2019).

Financial Implications

The draft SRFS provides a schedule, Attachment B, of prioritised community projects, including a recommended funding strategy.  This funding strategy has been modelled in a re-worked draft LTFP (developed pre COVID-19) that shows that Council can afford to implement all of the key SRFS projects over the next 10 years. This however is subject to key assumptions and projections not being significantly altered from the current draft plan and LTFP, and it should also be noted that as the SRFS was developed prior to the COVID-19 pandemic, the recommended projects may subject to change and will be further considered as part of the LTFP review.

 

Given the increasingly competitive nature of external funding, the SRFS and the draft LTFP has been modelled with the aim of achieving progress without the full reliance upon external funding, by utilising new borrowings, reserves, municipal funds and other funding sources.  The SRFS recommends that resources be allocated to forward planning initiatives that will not only increase the achievability of projects but strategically target external funding opportunities that potentially provide value add to the project or cost savings to the City’s budget.

 

If Council were to support projects not prioritised in the SRFS, then the financial capability to deliver the priority projects itemised in this plan could significantly impact the current draft LTFP.

Stakeholder Consultation

The development of the SRFS has included extensive targeted engagement with sporting clubs and associations within the district, including participants, parents, club administrators, state sporting associations, other local government authorities and the Department of Local Government, Sport and Cultural Industries. Details of targeted engagement include:

·    Meetings with 79 sporting clubs/associations

·    Four (4) workshops, total of 74 participants, two (2) held in Busselton and two (2) held in Dunsborough

·    Community Survey through Your Say - 501 individual responses, 946 visits to the project page with 632 informed participants

 

The draft SRFS was advertised broadly for public comment over 45 days, the City of Busselton social media posts were shared widely while a number of key sporting association and club committees took up the offer to participate in engagement sessions. The key information hub, the City of Busselton ‘Your Say’ portal, received over 1,100 visits during this time and a total of 167 submissions were received (see Attachment C).

Risk Assessment

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

Options

As an alternative to the proposed recommendation the Council could choose not to endorse the SRFS or to require changes prior to endorsing the strategy:

CONCLUSION

The SRFS provides a long term strategy to inform, guide and underpin the planning and provision of indoor and outdoor community sporting and recreation facilities to meet existing and future needs of the district. It is the result of a comprehensive analysis incorporating demographic data, industry trends, review of relevant policies, plans and strategies, community consultation, and stakeholder engagement and feedback. Implementation and periodic review of the SRFS will ensure a well-planned and implemented approach towards infrastructure development in the future.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

On endorsement, officers will prepare for the implementation of the City of Busselton SRFS in the 2020-21 financial year and in conjunction with the City of Busselton LTFP.


Council

123

13 May 2020

15.2

Attachment a

Sport & Recreation Facilities Strategy 2020-30

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

191

13 May 2020

15.2

Attachment b

Financial Model

 


Council

205

13 May 2020

15.2

Attachment c

Public submissions on Draft SRFS

 


 


 


 


 


 


 


 


 


 


 


 


 


 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 



 


 

 


Council                                                                                      267                                                                    13 May 2020

16.             Finance and Corporate Services Report

16.1           LIST OF PAYMENTS MADE - MARCH 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 March 2020  

 

OFFICER RECOMMENDATION

That the Council notes payment of voucher numbers M117921 – M117991, EF070203 – EF070824, DD004050 – DD004086 together totalling $11,105,642.88.

EXECUTIVE SUMMARY

This report provides details of payments made from the City’s bank accounts for the month of March 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 March 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 March 2020 is presented for information.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Not applicable.

 

 

 


Council

278

13 May 2020

16.1

Attachment a

List of Payments March 2020

 


 


 


 


 


 


 


 


 


 


 

 


Council                                                                                      279                                                                    13 May 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

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   Current Running SAT Reviews

Attachment b    Ltr from R Saffioti Minister for Planning with Regional Areas Map  

 

OFFICER RECOMMENDATION

 

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

17.1.1       State Administrative Tribunal Reviews 

17.1.2       Correspondence from the Office of the Hon Rita Saffioti

 

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       State Administrative Tribunal Reviews 

 

A summary of the current State Administrative Tribunal reviews is attached.

 

17.1.2       Correspondence from the Office of the Hon Rita Saffioti MLA

 

Correspondence regarding the configuration of membership of Development Assessment Panels is attached.

 

 


Council

282

13 May 2020

17.1

Attachment a

Current Running SAT Reviews

 


 


 


Council

285

13 May 2020

17.1

Attachment b

Ltr from R Saffioti Minister for Planning with Regional Areas Map

 


 


 

 


Council                                                                                      289                                                                    13 May 2020

18.             Motions of which Previous Notice has been Given

Nil  


 

19.             urgent business


 

20.             Confidential Matters

The reports listed below are of a confidential nature, in accordance with section 5/23(2) of the Local Government Act 1995. These reports have been provided to Councillors, the Chief Executive Officer and Directors only.

 

RECOMMENDATION

That the meeting is closed to members of the public to discuss the following items which are confidential for the reasons as shown.

20.1           EXTENSION OF CONTRACT TERM - CHIEF EXECUTIVE OFFICER

This report contains information of a confidential nature in accordance with Section 5.23(2(a) of the Local Government Act 1995, as it contains information relating to a matter affecting an employee or employees

 


 

21.             Closure