COB-RGB

 

 

 

 

 

Council Agenda

 

 

 

29 July 2020

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 29 July 2020

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Council will be held in the Council Chambers, Administration Building, Southern Drive, Busselton on Wednesday, 29 July 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.

 

 

 

OLIVER DARBY

 

ACTING CHIEF EXECUTIVE OFFICER

 

                                                                                                                                       17 July 2020


CITY OF BUSSELTON

Agenda FOR THE Council MEETING TO BE HELD ON 29 July 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 24 June 2020. 5

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

9.1          PETITION - OLD DUNSBOROUGH JETTY. 6

10..... QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION). 7

11..... Items brought forward for the convenience of those in the public gallery. 7

12..... Reports of Committee. 8

13..... Planning and Development Services Report. 9

14..... Engineering and Work Services Report. 10

15..... Community and Commercial Services Report. 11

16..... Finance and Corporate Services Report. 12

16.1        COVID-19 FINANCIAL HARDSHIP AND DELEGATION REVIEW... 12

16.2        BUSSELTON FITNESS CLUB SURRENDER AND NEW LEASE. 20

16.3        CORPORATE BUSINESS PLAN 2020 - 2024. 25

16.4        BUSSELTON COMMUNITY RESOURCE CENTRE REVIEW OF RENT. 84

17..... Chief Executive Officers Report. 89

17.1        COUNCILLORS' INFORMATION BULLETIN.. 89

18..... Motions of which Previous Notice has been Given.. 128

19..... urgent business. 128

20..... Confidential Matters. 129

20.1        PROPOSED AUSTRALIAN UNDERWATER DISCOVERY CENTRE……………………………………....130

21..... Closure. 130

 


Council                                                                                      6                                                                          29 July 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 24 June 2020

Recommendation

That the Minutes of the Council Meeting held 24 June 2020 be confirmed as a true and correct record.

 

9.               RECEIVING OF Petitions, Presentations AND DEPUTATIONS

Petitions

9.1             PETITION - OLD DUNSBOROUGH JETTY

RECOMMENDATION

 

 That Council:

1.    receive the Petition from Mr Peter Kalbfell; and

2.    refer it to the Chief Executive Officer for a report.

 

A petition was received from Mr Peter Kalbfell (the Petitioner) on 18 June 2020 regarding the removal of the last section of hand rail on the northern side of the Old Dunsborough Jetty (approximately 10 metres) and the addition of six rubber fenders attached the same as per the southern side, so it can be used by all boats as extra jetty space to improve this facility (the Petition).

 

The requirements for a petition to be heard by Council is set out by Standing Order 6.9 of the City of Busselton Standing Orders Local Law 2018, specifically that it:

(a)    be addressed to the Mayor;

(b)    be made by electors of the district;

(c)     state the request on each page of the petition;

(d)    contain the name, address and signature of each elector making the request;

(e)    contain a summary of the reasons for the request;

(f)      state the name of the person to whom, and an address at which, notice to the petitioners can be given; and

(g)    be respectful and temperate in its language.

 

The presiding member has the discretion to accept the Petition for consideration if it meets a majority of the above requirements.

 

The Petition is not addressed to the Mayor, however, it was lodged in person by the Petitioner at the City’s Administration Building. The Petition was forwarded to Governance, who reviewed the Petition and referred it to the Mayor and Chief Executive Officer for consideration.

 

The Petition is signed by 154 people, 147 of which are clearly identified, by name and address, as electors of the district.

 

The Petitioner’s request is stated on each page of the Petition and is respectful and temperate in its language. The Petition does not state an address at which notice to the Petitioners can be given, yet the Petitioner has had previous communications with the City so that his contact details are able to be easily identified.

 

It is officers’ opinion that the Petition meets a majority of the requirements and it is open to the presiding member to accept the Petition for consideration.

 

It is recommended the Petition be received by Council and referred to the Chief Executive Officer for a report.

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


 

12.             Reports of Committee

Nil


 

13.             Planning and Development Services Report

Nil


 

14.             Engineering and Work Services Report

Nil


 

15.             Community and Commercial Services Report

Nil


Council                                                                                      14                                                                        29 July 2020

16.             Finance and Corporate Services Report

16.1           COVID-19 FINANCIAL HARDSHIP AND DELEGATION REVIEW

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

Financial Hardship

BUSINESS UNIT

Finance and Corporate Services

REPORTING OFFICER

Director Finance and Corporate Services - Tony Nottle

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

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

VOTING REQUIREMENT

Absolute Majority

ATTACHMENTS

Attachment a   Policy Amendments

Attachment b    Amended DA1-14 Power to Defer, Grant Discounts, Waive or Write-Off Debts  

 

OFFICER RECOMMENDATION

That the Council:

1.         Acknowledge the amended COVID-19 Financial Hardship Policy prepared by the CEO under delegated authority as provided in Attachment A; and

2.         Endorse the updated Delegation DA1-14 “Power to Defer, Grant Discounts, Waive or Write-off Debtsas provided in Attachment B. 

 

EXECUTIVE SUMMARY

Council is requested to amend its Delegation DA1-14 “Power to Defer, Grant Discounts, Waive or Write-off Debts” to ensure financial hardship requests can be processed into the 2020/21 financial year. Council is also requested to acknowledge the updated Policy COVID-19 Financial Hardship prepared by the CEO under delegated authority of the Council.

 

BACKGROUND

On 1 April 2020, Council acted swiftly to consider a support package to combat the impacts of COVID-19 within the City of Busselton. Council endorsed principles for the development of the 2020-21 Annual Budget, identified areas that would be considered as requiring assistance and established a policy and an appropriate delegation to enable the plans and assistance to be implemented. The Council’s resolution stated:

That the Council agree to:

1.         Endorse the Economic and Community Response Measures in the following areas as outlined in this report for the intervening period until there is a reduction of the effects of the COVID-19 Crisis:

(a)       Rates and rating initiatives;

(b)       Commercial leases;

(c)       Community leases;

(d)       Community Self-supporting loans

(e)       Procurement;

(f)        Priority payments;

(g)       Building Applications;

(h)       Planning Applications;

(i)        Library initiatives;

(j)        Community initiatives;

(k)       Geographe Leisure and Naturaliste Community Centres initiatives; and

(l)        Economic development initiatives.

2.         Endorse the following principles to guide the Chief Executive Officer when preparing the 2020/21 Annual Budget:

(a)       Not increasing rates for the 2020/21 financial year;

(b)       Introduction of weekly, fortnightly and monthly payment options for rates payments;

(c)       Reviewing salaries and wages growth;

(d)       Reviewing of capital works program of non-essential priority works;

(e)       Reducing interest and payment charges to rates billing and collection;

(f)        Relaxing terms and conditions on payment arrangements on a case by case basis;

(g)       Assuming a significant reduction in revenue from fees and charges;

(h)       Assuming an increase in the non-payment of rates;

(i)        Consideration of service level requirements and its impact on operational expenditure;

(j)        Consideration of new borrowings to assist with capital works and liquidity;

(k)       Consideration of revised 20/21 Community Bids funding package;

(l)        Consideration of a revised 2020/21 marketing and events sponsorship package

(m)     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;

(n)       Consideration of the utilisation of the City’s existing cash reserves for business continuity; and

(o)       Seeking to apply for Federal and State Government grants that may provide opportunities for employment creation and capital/operating works funding.

3.         Endorse the Western Australian Local Government Association Draft COVID-19 Financial Hardship Policy as attached as a guide for its decisions in response to the COVID-19 Crisis and authorize the CEO to develop and put in place a City of Busselton COVID-19 Financial Hardship Policy;

4.         Delegate authority to the Chief Executive Officer to apply, manage, enact and use their discretion in accordance with the City of Busselton COVID-19 Financial Hardship Policy; and

5.         Amend Delegation DA1-14 “Power to Defer, Grant Discounts, Waive or Write-off Debts”   (as per Attachment D) tracked version, for the remainder of the 2019/2020 financial year.

 

The CEO has since prepared a COVID-19 Financial Hardship Policy (the Policy) as per Council’s decision above and City staff have been applying the Policy to financial hardship applications the City has received.

 

In addition, City staff have managed the COVID-19 response to ensure City services have been maintained in accordance with the staged lockdown procedures set by the State and Federal Governments.

 

Council’s previous resolution on 1 April 2020 indicated endorsement of the amended delegation up until the end of the financial year; it is clear however that these measures may need to continue into the 2020/21 financial year.

 

OFFICER COMMENT

The COVID-19 response from Federal, State and local governments has required a varying and dynamic approach as the situation has evolved. Council’s initial resolution on 1 April 2020 was swift and enabled a quick response to a number of issues. Since this resolution, further guidelines, programs and initiatives have been announced by all levels of Government that will need to be factored into our policies and processes to assist our community.

 

For these reasons, the CEO has amended the Policy to include references to legislation and Ministerial Orders introduced, including:

 

·    Local Government (Covid-19 Response) Order 2020 (Gazetted 8 May 2020)

·    WA Code of Conduct - Schedule 1 Code of Conduct of the Commercial Tenancies (COVID‑19 Response) Regulations 2020

 

As the CEO was delegated authority to develop the Policy in line with the WALGA template and the required actions, these amendments have already been made and are attached for Council’s reference in Attachment A.

 

Officers have also adjusted the existing delegation DA1-14 Power to Defer, Grant Discounts, Waive or Write-off Debts, to separate out the write off amounts. The delegation maintains the write off amount of $50,000 for COVID-19 related financial hardship applications; and has reinstated the write off amount of $2,000 for all other applications of waiver or write-offs. 

 

As the pandemic is still continuing and affecting the community, it is proposed that this delegation continue until the cessation date of the declared State of Emergency. An amended delegation to include these adjustments is provided for in Attachment B.

 

The City received a total of 68 applications between the period 1 April 2020 to 30 June 2020 via its online application process. The following table is a summary of the value of the applications approved to date:

 

Category

Value of approved applications

Commercial rent/lease associated applications

$63,742

Rates related applications

$3,194

Community group deferral of payments

$21,267

Total

$88,203

It is predicted that the City will experience a spike in applications when the rates notices for the 2020/21 financial year are issued to ratepayers.

Statutory Environment

Section 5.42 of the Act allows Council to delegate some of its powers to the CEO provided they are not duties that are limited within the Act that are deemed “not delegable”.

Relevant Plans and Policies

The City’s COVID-19 Financial Hardship Policy developed by the CEO under delegated authority is a relevant policy. This report outlines some amendments to the Policy to include the changes necessary to consider financial hardship applications into the future.

Financial Implications

The City’s draft 2020/21 annual budget has provision for the costs associated with financial hardship applications.

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 choose not to amend the delegation. This however would require all applications for consideration under the City’s COVID 19 Financial Hardship to be brought to Council which is not recommended due to inefficiency.

CONCLUSION

Council is requested to endorse the amended Delegation DA1-14 ‘Power to Defer, Grant Discounts, Waive or Write off Debts’ and note the updated COVID-19 Financial Hardship Policy to ensure the continuation of financial hardship applications can be addressed and assessed.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Within a week of Council’s resolution the amended delegation will be included in the City’s Delegation of Authority Register and the updated Policy will be placed on the City’s website.


Council

17

29 July 2020

16.1

Attachment a

Policy Amendments

 


 


 


 


Council

18

29 July 2020

16.1

Attachment b

Amended DA1-14 Power to Defer, Grant Discounts, Waive or Write-Off Debts

 


Council                                                                                      22                                                                        29 July 2020

16.2           BUSSELTON FITNESS CLUB SURRENDER AND NEW LEASE

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

Agreements and Contracts

BUSINESS UNIT

Corporate Services

REPORTING OFFICER

Senior Leasing and Property Officer - Ann Strang

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

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

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Leased Premises Plan - Fitness Club Location Lou Weston  

 

OFFICER RECOMMENDATION

That the Council:

1.         Resolves to accept the surrender of the current lease between the City of Busselton and Busselton Fitness Club Incorporated.

2.         Resolves to enter into a new lease with the Busselton Fitness Club Incorporated for a portion of Lot 539 on Deposited Plan 404860, Volume LR3167, Folio 873, H2 King Street, Busselton as shown outlined blue on Attachment A on the following terms:

(a)       The term of the lease be 10 years commencing on the date of surrender, with a further 10 year option;

(b)       The commencement rent to be $3,412.00 inclusive of GST, being an amount of 50% of the Council rates that would be applicable calculated on the gross rental value of the expanded premises;

(c)       The rent to be reviewed by CPI on each anniversary of the term;

(d)       Conditions preventing BFC from running group fitness class activities and private fitness instructors operating from the venue, unless employed direct by the BFC;

(e)       The requirement to establish and maintain a contingency fund for the purpose of asset management and capital improvements to the Premises the first payment of $10,000 being payable from the first anniversary of the lease; and

(f)        All costs associated with the preparation of the lease are to be met by the BFC.

3.         Authorises the CEO to negotiate and finalise the new lease.

 

EXECUTIVE SUMMARY

Busselton Fitness Club (BFC) wish to develop and improve their current leased premises to accommodate their growing membership and improve the facility generally. Whilst the proposed expansion is within their existing lease footprint their lease is due to expire on 28 June 2021. BFC are therefore seeking a commitment from the City prior to committing the funds towards the construction to provide security of tenure beyond this date. 

 

The Officer Recommendation to Council therefore is to agree to a surrender of the existing lease and a simultaneous grant of a new longer term lease subject to the terms and conditions outlined in this report.

 

BACKGROUND

Lou Weston Reserve (Lou Weston) is Crown land situated on Lot 539, Reserve 17319, King Street, Busselton, managed by the City for the purpose of ‘Recreation’. The management order contains power to lease any part of the reserve for terms up to 21 years subject to the consent of the Minister for Lands. The Busselton Netball Association and the Geographe Bay Yacht Club also have leasehold interests in this Reserve.

 

BFC become incorporated in 1978.  They moved from the Busselton Foreshore to Lou Weston in 1992, originally with a 5-year lease for a peppercorn rent.  Further leases were entered into in 1997 and 2006 on the same terms and conditions.

 

On 22 September 2010, the Council resolved (C1009/325) to approve an application to expand their premises by approximately 150m2 to the north-east. In conjunction with the planning consent, the Council resolved (C1009/331) to increase their leased area to allow the expansion. 

 

On 27 January 2011, Council further resolved (C1101/021) to enter into a lease for a 5-year term with a further 5-year option which expires on 28 June 2021. Earlier this year, the BFC submitted an application to the City to further expand their building; this report provides details of their expansion and the proposed new lease terms and conditions.

OFFICER COMMENT

BFC approached the City with a proposal for a two storey extension to the south-east corner of their existing building. The ground floor expansion consisted of a gym area, store room, office, communications room and lift shaft - a total floor area of approximately 167m2. The first floor consisted of open gym space and store room of approximately 145m2.  A staircase leading to a roof terrace was also proposed. The roof terrace was approximately 126m2 and intended for outdoor exercise. One of the drivers of the expansion was the need for the BFC to address safety issues that had arisen due to expanding membership and limited space available for fitness equipment and storage.

 

At a briefing session on 22 January 2020, City Officers presented Councillors with details of the proposal and potential scenarios concerning the future leasing of the site.

 

As a result of concerns expressed in relation to the perception from competing businesses and the sensitivities of the locality, BFC were asked to review the scope of their development. Following discussions and noting the concerns raised, BFC reduced the scope of their proposed expansion and provided a revised proposal for consideration.

 

The most significant difference of the current proposal is that it comprises a ground floor expansion only and excludes any form of roof terrace. BFC advised that the reduced development will still facilitate their need for a floor work-out area which will be predominately free of equipment and enable much needed storage space.  The revision also contemplates the installation of solar panels. All costs associated with the development will be met by BFC, including connection to the main sewer.

 

BFC are seeking long term security of tenure over their premises. Due to the longevity of the club, their demonstrated good governance, and the level of investment in the facility, City Officers are supportive of offering a lease term of 10 years with an option for a further 10 years. This is consistent with the current leasing policy and in line with tenure granted to other clubs with similar credentials.

 

To provide this security of tenure now, their existing lease will need to be surrendered and a new lease entered into. This also provides an opportunity for the City to review the lease terms and conditions, one being the annual rent and how it is applied fairly across the City. 

The current policy of the Council, ‘Leasing of City Premises’ (the Policy) contemplates negotiation of higher rents where the permitted use enables the tenant to generate a periodic or regular income from their activities.

 

City Officers discussed the Policy with BFC and advised that the City was considering a formula to apply in these instances.  A market rental valuation was undertaken both for their current premises and with the expansion included. This was in the vicinity of $40,500 - $60,000 per annum. 

 

Initially it was considered that an annual rent equivalent to council commercial rates should be levied in accordance with the Gross Rental Value (GRV) of their expanded premises. Whilst the BFC were open to an increase in rent, Councillors indicated to Officers that an increase to $6,825 per annum was unreasonable due to the BFC’s not-for-profit status, its service to the community and being a long standing club within the City of Busselton.  

 

Officers have reconsidered the proposed annual rent and a formula based on 50% of the council commercial rates that would be levied in accordance with the GRV of their expanded premises is now being proposed, taking into account the circumstances above. Based on the valuation of the expansion, this will equate to $3,412.00 per annum inclusive of GST.  BFC are aware of the proposed annual rent and are willing to pay this.  

 

The permitted use in the current lease is very broad.  It is proposed that the new lease is conditioned to prevent group fitness classes taking place or private fitness instructors operating from the venue, unless employed by BFC. This is to ensure that any concerns of potential competition have been considered. The BFC have indicated that they are comfortable with the proposed conditions. 

 

It is also recommended that this lease includes a requirement for BFC to establish and maintain a fund for the purpose of responsible asset management of the building throughout the term. Similar provisions have been included in recent leases to not-for-profit tenants where appropriate.  BFC are in agreement with the principle and the quantum proposed.

Statutory Environment

When disposing of property whether by sale, lease or other means, a local government is bound by the requirement of section 3.58 of the Local Government Act 1995 which requires giving local public notice when disposing of property.  There are exemptions to this process under Regulation 30 (2) (b) (i) and (ii) of the Local Government (Functions & General) Regulations which states:

 

Disposal of land to incorporated bodies with objects of benevolent, cultural, educational or similar nature and the members of which are not enlisted to receive any pecuniary profit from the body’s transactions, are exempt from the advertising and tender requirements of section 3.58 of the Local Government Act.

 

The constitution of BFC is such that this exemption applies.

 

The land on which these premises are located is within Reserve 17319, Lot 539, Deposited Plan 404860, Volume LR3167, Folio 873, being Crown Land for the designated purpose of Recreation.  The City is the management body under Management Order N534868.  The City has the power to lease or licence for periods up to 21 years, subject to the consent of the Minister for Lands.

 

Under Section 18(2) of the Land Administration Act 1997, approval of the Minister for Lands is required for a lease on a Crown Reserve.  Additionally, the lease is to be registered at Landgate in accordance with the Transfer of Land Act 1893

Relevant Plans and Policies

The recommendation to enter into a lease with BFC is generally consistent with the principles of the Policy, adopted by Council on 13 May 2020. While the policy provides that the lease term for a not-for-profit sporting and community organisation would generally be for a period of 5 years with an option to extend the term by a further 5 years, it also contemplates circumstances where it is appropriate to offer a longer lease term. For the reasons given in this report, City Officers consider that the status and considerable investment already made and now proposed by the BFC renders them a fitting candidate for the grant of a longer term of 10 years with an option for a further 10.   

Financial Implications

There are no financial implications associated with entering into a new lease with BFC, as the City’s standard lease terms include requirements for the tenants to pay outgoings including services and insurance as well as meet the costs of maintenance and repair of the buildings, including structural repairs. 

 

The Officer Recommendation to set the rent at 50% of the council commercial rate then increase it annually by CPI is considered a fair compromise and reflective of the Policy which may be applied to tenants who are able to generate an income from the use of Crown land. 

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter. There has been extensive consultation undertaken with BFC in respect of their expansion to the building and the future lease. 

Risk Assessment

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

Options

As an alternative to the proposed recommendation the Council could:

 

1.    Resolve to enter into a shorter or longer term lease however not exceeding 21 years.

 

2.    Resolve to apply a different annual rent. However, the rent should not be less than the standard community and sporting group rent which is currently $230.00 inclusive of GST.

CONCLUSION

The presence of an affordable fitness facility in this location has been of considerable benefit to the community. BFC have demonstrated good governance, consistent standards of service and a reasonable and realistic approach to their desired expansion and development.  City Officers therefore consider it appropriate to recommend that the club are provided with the security of tenure requested and which is in keeping with other similar not for profit groups operating in this Reserve. The surrender of the existing lease and grant of a new term also present the opportunity to include up to date and relevant provisions and conditions in relation to rent and the permitted use. 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

It is anticipated that the lease and surrender would be forwarded to the BFC and executed by all parties no later than 30 September 2020.


Council

23

29 July 2020

16.2

Attachment a

Leased Premises Plan - Fitness Club Location Lou Weston

 


Council                                                                                      35                                                                        29 July 2020

16.3           CORPORATE BUSINESS PLAN 2020 - 2024

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Corporate Planning

BUSINESS UNIT

Corporate Services

REPORTING OFFICER

Manager Governance and Corporate Services - Sarah Pierson

Corporate Planning Officer - Cathy Burton

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

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

VOTING REQUIREMENT

Absolute Majority

ATTACHMENTS

Attachment a   Corporate Business Plan  

 

OFFICER RECOMMENDATION

That the Council adopts the Corporate Business Plan 2020 - 2024 in the form attached to this report (Attachment A). 

 

EXECUTIVE SUMMARY

This report presents the attached City of Busselton Corporate Business Plan 2020 – 2024
(Attachment A) (CBP) and seeks Council’s adoption of the plan.

 

BACKGROUND

The Local Government Act 1995 (the Act) sets out requirements for the ‘Plan for the Future’ which requires all Local Government Authorities to have a strategic community plan spanning a minimum ten year period, and a corporate business plan, spanning a four year period.  The legislation also requires a local government to have in place a number of informing plans being:

 

a)    asset management plans for key asset classes;

b)    a four year workforce plan; and

c)    a ten year long term financial plan.

 

These plans are collectively known as the Integrated Planning and Reporting (IPR) framework. The City of Busselton regularly reviews each plan to ensure they articulate and provide for the delivery of core services and priority initiatives aligned to the community’s aspirations.

 

The direction and focus of the City’s corporate business plan, and other IPR plans, is guided by the higher level strategic community plan.  The strategic community plan undergoes a major review every four years and a minor (desktop) review every two years.  A minor review was undertaken between January and April 2019 and a major review has recently commenced.

 

The corporate business plan is reviewed every year in conjunction with review of the City’s long time financial plan, to determine the priority initiatives for the ensuing four years.  Core service objectives are also reviewed, thereby driving the medium term direction of the organisation.

 

Guidelines relating to the content and standard of IPR plans are found in the IPR Advisory Standard, which was published in September 2016 by the then Department of Local Government and Communities.

The Advisory Standard prescribes categories for assessing the competency of IPR plans; i.e. ‘Achieving’, ‘Intermediate’ and ‘Advanced’.  The standards are described in more detail under the Relevant Plans and Policies section of this report.

OFFICER COMMENT

The proposed corporate business plan upholds the strategic direction of the Strategic Community Plan 2017 (Review 2019). It also integrates all relevant information contained in the Draft LTFP (Version A), received and acknowledged by Council on 10 June 2020 as a guiding document (requiring further review to take into account the impacts of COVID-19 on the 20/21 budget).

 

Format of the Corporate Business Plan

The format of the CBP is overall consistent with the previous year, detailing both core ‘business as usual’ services that Council delivers to the community, and priority corporate actions to be delivered over the four years of the plan.  The services and actions are matched to a strategic community plan key goal area on the basis of ‘best fit’, acknowledging that there is often a link to more than one strategic goal.  

 

The format of the corporate action tables is consistent with the previous year, the exception being the removal of the Council strategy link and the ‘Milestones’ column. In many cases the milestone actually duplicated the action itself and so was considered unnecessary.  The Council strategy link was removed to streamline the document, recognising that actions often contribute to the achievement of multiple strategic outcomes and, as per above, a best fit linking method has been applied.

 

In total the proposed CBP contains 76 priority actions:

 

•     20 in Key Goal Area 1: Community              (26 in 2019-2020)

•     11 in Key Goal Area 2: Places and Spaces   (12 in 2019-2020)

•     13 in Key Goal Area 3: Environment            (13 in 2019-2020)

•     11 in Key Goal Area 4: Economy                   (11 in 2019-2020)

•       8 in Key Goal Area 5: Transport                  (8 in 2019-2020)

•     13 in Key Goal Area 5: Leadership                (18 in 2019-2020)

 

An operational action is identified as one which forms part of the core service delivery. A capital action is an action linked to the City’s capital works plan and creates or improves an asset.  Capital actions which require external funding to fully deliver them are indicated as such through a tick in the column titled ‘External Funding’. 

 

Expected timeframes for delivery of the actions are shown.  As noted on the ‘Our Plan Explained’ page and in the ‘Resourcing Our Plan’ section, these timeframes are subject to regular review, and will require review due to the COVID-19 Pandemic.

 

It is important to note that this CBP has been developed using the Draft LTFP (Version A), with this being the version of the LTFP resolved upon by Council.  As per Council’s resolution however, the LTFP was developed before the COVID-19 Pandemic and will require remodelling to take into account its impacts particularly its impacts on the 20/21 financial year – year 1 of the plan.  The Resourcing Our Plan section sets this out and explains that the CBP actions have been set at a point in time and will require review.  There are provisions in the Act which allow for a local government to report in their Annual Report any significant deviations from their CBP each year. 

 

More broadly, the ‘Resourcing Our Plan’ section outlines the City’s general approach to funding infrastructure projects.  Given the current uncertainty we have not provided an estimated capital cost for each capital action, but have instead only provided cost estimates for the major priorities and the Draft LTFP high level forecasts, along with the (current) draft budget. 

 

A full explanation of how to read the CBP is found under the heading ‘Our Plan Explained’.

 

New, carried over, amended and deleted actions

Several new actions have been included in the proposed CBP. Other actions have been carried over from the previous plan unchanged or have been amended to better describe the action. Actions have also been deleted because they have either been completed, supplanted by other priority actions or are considered ‘business as usual’ and better captured within the service descriptors.

 

Significant actions carried over include the:

·   Continued expansion of the Busselton Margaret River Airport involving the construction of a new terminal;

·   Continued redevelopment of the Busselton foreshore and work toward the establishment of hotel accommodation and microbrewery establishments;

·   Advancing road and traffic improvements as outlined in the Busselton Traffic Study to improve traffic flow in and around the Busselton City centre;

·   Construction of a performing arts and convention centre in Busselton; and

·   Continued provision of recreation and active open spaces through implementation of the recently adopted Sport and Recreation Facilities Strategy.

 

All actions in the plan are accounted for in the Draft LTFP (Version A). Table 1 below provides a high level summary of the differences between the proposed CBP and the Corporate Business Plan 2019-2023, with Tables 2-7 providing more detail. Actions carried over into the proposed plan with only minor wording amendments are not included in the tables.

 

Table 1: Summary of action changes

 

New actions in proposed plan

Actions significantly amended

Actions deleted from 2019-2023

Actions reassigned to a different Key Goal Area and/or objective

19

9

37

0

 

Table 2: Key Goal Area 1 Community - Welcoming, Friendly, Healthy

 

STATUS

Action description

20/21

21/22

22/23

23/24

1.1 A friendly and safe community with a strong community spirit

New

Fire and Community Facilities Building

Construct a new fire shed and community facility on City Reserve Lot 401 Biddle Road, Quindalup.

 

 

l

 

New

CCTV  Precinct Extension – Safer Cities

Continue to extend CCTV facilities as part of the Safer Cities program.

l

l

l

l

Deleted

Disability Access and Inclusion Plan

Implement the Disability Action and Inclusion Plan 2018-2022.

Core service

Deleted

Support Community Initiatives and Facilities

Promote and administer two rounds of community grants each financial year.

Core service

Deleted

Community Safety and Security Strategy Implementation

Implement the Community Safety and Security Strategy for the Busselton and Dunsborough town centres and surrounding districts.

Core service

Deleted

Community Services Directory Review

Review the Need and Hand and other City service directories with the aim of improving the content and distribution of community services information.

Action complete

1.2  A community with access to life-long health and education opportunities

Deleted

Children and Family Services

Support intervention programs that promote the importance and value of a child’s early development.

Core service

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

New

New Squash Court Facility

Partner with the Busselton Squash Club and Busselton Golf Club to investigate opportunities for the rebuilding of squash courts at the Busselton Golf Club.

l

l

 

 

New

Geographe Leisure Centre Swimming Pool Improvements

Increase carrying capacity at the GLC by creating a dedicated lap pool and program pool through reconfiguration of the 25m pool and leisure pool.

 

 

 

l

New

Sir Stewart Bovell Sport Park

Complete a masterplan to detail the opportunities to develop a future sports talent hub.

l

 

 

 

New

Vasse Sporting Precinct – Floodlights

Install sports field lighting to the Vasse Playing Fields

 

 

l

 

Amended

Naturaliste Community Centre (NCC)

Further develop the masterplan to detail opportunities at the Dunsborough Playing Fields and NCC.

 

19/20 action

Naturaliste Community Centre Upgrades

Upgrade the Naturaliste Community Centre, including the expansion of the customer service centre, library and plan for expanded stadium and car parking facilities.

l

 

 

 

 

 

 

 

Amended

Performing Arts and Convention Centre - Construction

Construct a performing arts and convention space in the Busselton Cultural Precinct

 

19/20 action

Busselton Entertainment Arts and Culture Hub (BEACH) – Construction

Progress the design and development of a performing arts and convention space in the Busselton Cultural Precinct.

l

l

 

 

 

 

 

 

Deleted

Sport and Recreation Facilities Strategy

Prepare a sport and recreational facilities strategy to guide future development of facilities to meet the needs of the local community, in addition to providing facilities capable of hosting sporting events

Sport and Recreation Strategy now adopted.  Implementation actions programmed.

Deleted

Settlement Art Project

Complete the Busselton Settlement Art Project through the completion and installation of the Pioneer Woman sculpture.

Action complete

Deleted

Vasse Newtown Oval

Complete temporary carpark construction adjacent to the Vasse Newtown (Kaloorup) Oval

Action Complete

Deleted

Geographe Leisure Centre Master Plan

Complete environmental studies and design work to progress the future expansion of the Geographe Leisure Centre.

Now part of the Sport and Recreation Facilities Strategy action

Deleted

Lou Weston Oval Upgrade

Upgrade the club facilities at Lou Weston Oval according to the approved detailed design.

Action complete

Deleted

Busselton Tennis Club Facilities Relocation

Finalise relocation to the new Busselton Tennis Centre.

Action complete

Deleted

Yalyalup Development

Continue to plan for the development of sport and community facilities at Yalyalup.

Now part of the Sport and Recreation Facilities Strategy action

1.4 Work with key partners to provide a range of community services and programs that support people of all ages and backgrounds

New

Dunsborough Country Club Extension

Partner with the Dunsborough and Districts Club to maximize the opportunities at this site.

l

l

l

 

Deleted

Youth Initiatives Implementation

Implement actions from the Youth Services section of the City’s Social Plan.

Core service

Deleted

Seniors Initiatives Implementation

Implement actions from the Senior Services section of the City’s Social Plan.

Core service

 

Table 3: Key Goal Area 2 Places and Spaces - Vibrant, Attractive, Affordable

STATUS

Action description

20/21

21/22

22/23

23/24

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

Amended

Non-Potable Water Network

Establish production bores with capacity to deliver water to Dunsborough Lakes ovals and recreation spaces.

 

19/20 action description

Non-Potable Water Supply Dunsborough

Complete hydro-geological studies as part of work towards securing a non-potable water supply to facilitate the development of future sporting ovals at Dunsborough Lakes Sporting Facilities.

 

 

l

 

 

 

 

 

 

 

Deleted

Local Planning Strategy

Finalise the Local Planning Strategy following approval by the WA Panning Commission.

Action complete

Deleted

Strategic Land Review

Continue to implement the recommendations of the Strategic Land Review

Core service


2.2 Attractive parks and open spaces that create opportunities for people to come together, socialise and enjoy a range of activities

New

Old Dunsborough Boat Ramp Precinct

Assess opportunities for the construction of a café/kiosk at the old Dunsborough boat ramp.

 

l

 

 


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

Nil

 

Table 4: Key Goal Area 3: Environment – Valued, Conserved, Enjoyed

STATUS

Action description

20/21

21/22

22/23

23/24

3.1 Development is managed sustainable and our environment valued

Deleted

Port Geographe Waterways

Work in the State government and key partners to fulfil the City’s role in the ongoing management of Port Geographe waterways.

 

Core service

Deleted

Reserve Management Plans

Continue to implement and periodically review management plans for City reserves.

Core service

Deleted

Rehabilitate the Dunsborough Waste Facility

Update and implement the rehabilitation plan for the Dunsborough Waste Facility.

Core service

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

Deleted

Meelup Regional Park Coastal Nodes

Progressively implement the Meelup Regional Park Coastal Nodes Management Plan to ensure visitor safety and prevent adverse impacts on Park values.

Core service

Deleted

Contaminated Sites

Continue to work with department of Water and Environmental Regulation and key stakeholders to appropriately manage and where possible remediate contaminated sites.

Core service

Deleted

Corella Management

Implement a regional collaborative approach for the management and control of Little Corella (Cacatua sanguine gymnopis) and the Eastern Long Billed Corella (Cacatua tenuirostris).

Regional Cooperation has stalled due to priorities of other local governments

Deleted

Street and Park Tree Enhancement

Implement the street and park tree planting program for street and park enhancement and habitat improvement.

Core service


3.3 The health and attractiveness of our waterways and wetlands is improved to enhance community amenity.

New

Lower Vasse River Management Advisory Group

Work with the Lower Vasse River Management Advisory Group to refine and implement actions to significantly improve the amenity of the Lower Vasse River.

l

l

l

l

Deleted

Revitalising Geographe Waterways

Actively work with key stakeholders including the State Government and community representatives to progress long term water quality improvements.

Lower Vasse River and Toby Inlet Management Plans adopted and replaced now with new Management Advisory Group action.

3.4 Climate change risks and impacts are understood, acknowledged and responded to through appropriate planning and community education

New

LED Lighting Upgrades

Progressively upgrade street lighting to LED to improve the energy efficiency of City owned lighting infrastructure

l

l

l

l

New

Improving sustainability and energy management

Develop a policy and guideline document outlining matters to be considered when procuring, constructing and operating all new City assets to ensure that improved energy management is achieved.

l

 

 

 

New

Solar Farm Construction

Establish a solar farm at Lot 27 Rendezvous Road to improve the energy efficiency of City owned buildings.

 

l

 

 

New

Parks and Gardens Technology Improvements

Implement smart technologies in City parks, gardens and reserves to reduce water and power use.

l

l

l

l

Deleted

Energy Master Plan

Adopt and implement an energy master plan to assist the City achieve energy savings and reduce greenhouse gas emissions.

Energy Master Plan adopted.  Implementation actions now programmed.

 

 

 

Table 5: Key Goal Area 4 Economy – Diverse, Robust, Prosperous

STATUS

Action description

20/21

21/22

22/23

23/24

4.1  An innovative and diversified economy that provides a variety of business and employment

New

Busselton Foreshore Microbrewery

Facilitate completion of the Microbrewery at the Busselton foreshore.

l

 

 

 

New

Busselton Foreshore Hotel Site

Facilitate the development of hotel site 1 at the Busselton foreshore.

l

 

 

 

Deleted

Busselton Foreshore Commercial Opportunities

Facilitate commercial investment at the Busselton foreshore, including two hotel sites, restaurant/microbrewery and a tourist oriented retail site.

Covered by other actions and  core service

Deleted

Economic Development Strategy

Facilitate the implementation of the Economic Development Strategy.

Core service

4.2 A community where local business is supported and in turn drives our economy

New

Smart City

Implement the Smart City Strategy 2020-2024 by adopting an implementation plan focusing on initiatives that improve the City’s digital economy.

 

l

 

 

 

New

Industry Sector Analysis

Work with stakeholders to identify industry development and growth opportunities and to establish a value proposition for investment.

 

l

l

 

 

Deleted

Business Support

Continue to work with individual business, chamber of commerce groups, progress associations and government agencies to identify opportunities to support local and small businesses.

 

Core service

4.3 Events and unique tourism experiences that aid in attractive visitors and investment

New

Australian Underwater Discovery Centre

Facilitate in partnership with the Busselton Jetty Inc. progression of the Australian Underwater Discovery Centre.

l

 

 

 

Amended

Events Strategy

Review the Events Strategy post COVID-19 to ensure it continues to deliver positive returns to the City’s community and economy.

 

19/20 action description

Event Strategy

Complete the review of the Events Strategy

 

l

 

 

 

l

 

 

 

Deleted

Events Prospectus

Prepare an events/film industry prospectus to actively target and attract new high profile events and film makers.

Close to complete at end of 19/20

Deleted

Marketing and Events Reference Group

Continue to ensure the economic benefit of events is maximised through effective operation of the Marketing and Events Reference Group.

Core service

 


 

Table 6: Key Goal Area 5 Transport – Smart, Connective, Accessible

STATUS

Action description

20/21

21/22

22/23

23/24


5.1 Public transport services that meet the needs of the community.

Nil

5.2  Road Networks that provide for a growing population and the safe movement of all users through the district

Amended

Busselton Traffic Improvements

Duplicate Causeway Road from Rosemary Drive (West) to Molloy Street, upgrade Peel Terrace / Causeway Road roundabout, and install a roundabout at Albert Street / Queen Street.

 

19/20 action description

Busselton Traffic Improvements

Progress the City Centre Eastern Link (Stage 1) component of the Busselton Traffic Study and progressively implement improvements to other City centre intersections to improve traffic flow.

 

l

l

l

l

 

 

 

 


5.3 Pathways and cycle ways that connect our communities and provide alternative transport.

Nil

 

Table 7: Key Goal Area 6 Leadership –Visionary, Collaborative, Accountable

STATUS

Action description

20/21

21/22

22/23

23/24

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

New

Rating Strategy

Draft a rating strategy that delivers a fair and equitable rating burden and achieves long term financial plan targets.

l

 

 

 

Amended

Fair Value

Realign the fair value assessment of the City’s assets from a staggered three year cycle to an aligned five year cycle as provided for in the Local Government (Financial Management) Regulations 1996.

 

19/20 action description

Fair Value

Assess the worth of all asset classes every three years.

 

l

l

l

l

 

 

 

 

Deleted

Financial Audit

Conduct an annual audit to ensure financial compliance with legislative requirements.

Core service

Deleted

Statutory Compliance Audit

Conduct an annual audit to ensure statutory compliance with legislative requirements.

Core service

Deleted

Integrated Planning and Reporting

Maintain and develop processes and systems in relation to integrated planning, budgeting and reporting.

Core service

Deleted

Governance Systems Review

Implement agreed recommendation of the Governance Systems Review.

Action complete


 

6.2 Council engages broadly and proactively with the community

Amended

Community Engagement Policy

Review the City’s Community Engagement Policy as the first step to building a community engagement framework.

 

19/20 Action Description

Engagement Policy

Review the City’s Community Engagement Policy.

l

 

 

 

 

 

 

 

6.3 Accountable leadership that is supported by a skilled and professional workforce

Amended

Strategic Community Plan Reviews

Undertake the four year major review of the Strategic Community Plan.

 

19/20 Action Description

Strategic Community Plan Reviews

Regularly review the Strategic Community Plan to ensure it maintains relevance with the community’s visions, aspirations and objectives.

l

 

 

 

 

 

 

 

Amended

Long Term Financial Plan

Review the City’s LTFP in light of the reviewed Strategic Community Plan

 

19/20 Action Description

Long Term Financial Plan

Maintain a rolling ten year financial plan to assist and guide the City in strategic financial decision making processes.

l

l

 

 

 

 

 

 

Deleted

Enhancing Integrated Corporate Systems

Continuously improve and upgrade corporate enterprise systems and infrastructure.

Core service

Deleted

Annual Budget

Prepare an annual budget which aligns with the City’s Corporate Business Plan and Strategic Community Plan objectives

 

Core service

Deleted

Workforce Planning

Implement strategies and actions contained in the Workforce Plan, including strategies aimed at developing a high performance culture.

Core service

 

 

The final section of the CBP contains 11 corporate performance indicators.  These help to measure the progress and trends of the organisation’s financial and service performance, as well as the progress of corporate business plan actions. 

 

There are three proposed amendments to the corporate performance indicators.

 

1.    CPI 9: Development Assessment: Achievement of established targets

 

In past years, the City has not been meeting its own internal turnaround targets for planning applications. The results are a reflection of the continued high numbers of applications and enquiries received over a long period, and applications being submitted with inadequate supporting information. Results are also impacted where applications rely on feedback from State agencies. 

 

The targets were last reviewed in 2017-2018 and were designed to be challenging. However, it is now considered that the targets are too challenging. The targets have again been reviewed based on a review of the last three years assessment timeframes. A comparison of the current target versus the proposed targets (included in the plan) is shown in Table 8 below.

 

Table 8: Corporate Performance Indicator 9 – Target Comparison

 

Application type

Target

Proposed Target

Simple

no additional information or referrals required

100% turnaround within
21 calendar days

90% within 21 calendar days

Standard

additional information or formal advertising required

100% within 42 calendar days

80% within 42 calendar days

Complex:

referral to a State Government agency required

100% within 70 calendar days

70% within 70 calendar days

 

2.    CPI 10:  Energy Use: Energy plan targets determined by end 2019-2020

The direction for the City’s energy master plan targets have been in abeyance pending the endorsement of the City’s Energy Strategy (endorsed 11 December 2019). A revised measure and target for this corporate performance indicator has been drafted and included in the draft corporate business plan. A comparison of the new corporate performance indicator measure and target is illustrated in Table 9 below.

 

Table 9: Corporate Performance Indicator 10 – Measure and Target Comparison

 

2019-2020 Measure

Proposed Measure and Target

Measure:  Energy plan targets determined by end 2019-2020

 

Target:  Targets set

Measure:  Energy plan targets met.

 

 

Target:  By 2030, City of Busselton corporate carbon emissions per capita are 50% less compared to 2017-2018 emission levels.

 

 

3.    CPI 11:  Safety: LTIFR

The Lost Time Injury Frequency Rate (LTIFR), currently used to report on safety performance, is a measure used by industries to determine the number of lost-time injuries within a given period, relative to the total number of hours worked.  A multiplier of one million is used and LTIFR is reported as the number of lost-time injuries per million hours worked as follows:

 

# of LTIs* 1 000 000

# of hours worked

 

While it is a good measure for the purposes of benchmarking, and ensures that the level of hours worked is accounted for (more work performed the more risk of injury occurring), it can be difficult to understand.  Councillors have raised this as a concern. Therefore it is recommended that we report on the raw number of lost time injuries (LTI’s) moving forward.    


 

Statutory Environment

Section 5.56 of the Local Government Act 1995 (the Act) requires a local government to plan for the future of the district and to ensure that any such plans are in accordance with regulatory requirements.

 

Regulation 19(D)(A) of the Local Government (Administration) Regulations 1996 (the Regulations) requires a corporate business plan to be created, adopted and relate to the whole of the district over a term of at least four financial years.  A corporate business plan must:

 

a)    have a minimum four year outlook;

b)    identify and prioritise the principal strategies and activities the Council will undertake in response to  the aspirations and objectives stated in the Strategic Community Plan;

c)    state the services, operations and projects that a local government will deliver over the period of the plan, the method for delivering these and the associated cost;

d)    reference resourcing considerations such as asset management plans, finances and workforce plans; and

e)    be adopted by an Absolute Majority of the Council.

Relevant Plans and Policies

A corporate business plan must satisfy the minimum ‘Achieving’ standard as outlined in the IPR Advisory Standard. 

 

Achieving standard

 

The Achieving standard is met when:

 

·    A Council has adopted a corporate business plan that meets all of the listed regulatory requirements;

·    Year 1 of the corporate business plan establishes the Annual Budget; and

·    The local government also has in place:

-      a workforce plan that meets the Achieving standard;

-      asset management key performance indicators that meet the Standards; and

-      a long term financial plan.

 

‘Intermediate’ and ‘Advanced’ standard documents reflect the higher levels of planning and integration practices that a local government should be moving steadily through on a pathway of continuous improvement.

 

Officers are confident that the City’s proposed CBP satisfies the ‘Achieving’ standard.

Financial Implications

There are no budget implications associated with the adoption of the proposed CBP with the cost of professional publication of the approved plan being provided for within the annual budget.

 


 

Stakeholder Consultation

There is no legislative requirement to advertise the CBP for public consultation. 

 

The proposed CBP seeks to progress the objectives of the City’s SCP 2017 (Review 2019), which, as its title indicates, underwent a minor review earlier this year.  The minor SCP review involved consultation with both City Officers and the community. Overall, the feedback received through this process validated the City’s current strategic direction with minor amendments made to two objectives and 13 strategies of the SCP.  Those amendments have not however resulted in significant changes to services or the priorities of the City in the medium term.

Risk Assessment

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

 

The key threat to the successful delivery of the CBP is the availability of external funding and the potential for anticipated funding to be reduced.

Options

As an alternative to the proposed recommendation the Council could choose to alter any of the components or wording of the proposed CBP.

CONCLUSION

The City’s Corporate Business Plan is a key component of the IPR framework. The proposed CBP meets the “Achieving” standard required by the Department of Local Government, Sport and Cultural Industries Advisory Standard and integrates relevant information from the City’s Draft LTFP (Version A).

 

The proposed CBP supports the Council’s strategies outlined in the SCP and advances many of the key initiatives that the City has progressed over the previous financial year.  Importantly, the proposed CBP continues to provide a solid work program to assist with realising the community’s aspirations and objectives.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Once the CBP is adopted, it will come into effect immediately with the services and actions contained implemented over the four year life of the plan as identified.  The plan will be professionally published within six weeks of its adoption.

 


Council

38

29 July 2020

16.3

Attachment a

Corporate Business Plan

 


 


 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 



 


Council                                                                                      87                                                                        29 July 2020

16.4           BUSSELTON COMMUNITY RESOURCE CENTRE REVIEW OF RENT

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

6.4 Assets are well maintained and responsibly managed.

SUBJECT INDEX

Leases

BUSINESS UNIT

Corporate Services

REPORTING OFFICER

Property Management Coordinator - Sharon Woodford-Jones

Senior Leasing and Property Officer - Ann Strang

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

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

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Nil

 

OFFICER RECOMMENDATION

That the Council:

1.    Delegates to the CEO the power to, subject to the consent of the Minister for Lands, enter into leases, sub leases or licences with not for profit organisations that meet the eligibility criteria set by Lotterywest from time to time for the occupation of portions of Reserve 41445 Lot 502, Deposited Plan 73254, Volume LR3162 Folio 147, 19 Cammilleri Street, Busselton, known as the Busselton Community Resource Centre; and

2.    Endorses the provisions of the lease or licence in accordance with the following:

a.            Leases or licences will be consistent with the City’s community group format prepared specifically for this facility;

b.            The term of the lease or licence may be for any period up to  10 years;

c.             Annual rents commencing in the 2020/21 financial year will be $150.00 per square metre, reviewed annually by CPI;

d.            Rent for short term leases or licences will be calculated on a pro rata basis;

e.            Tenants will be responsible for a proportion of electricity usage charges based on the percentage of floor space occupied by them; and

f.             Tenants will be responsible for interior cleaning and maintenance of their leased areas.

 

EXECUTIVE SUMMARY

Since its construction in 2012, Busselton Community Resource Centre (CRC) has been leased to a number of different community groups. Of the original nine organisations committed to occupying the facility, only four remain.  Whilst the turnover of tenants had not been an issue in the past, there has been minimal interest in the three offices recently vacated by the Uniting Church, YMCA toy library and ACTIV.

 

City Officers are concerned that the formula for annual increases of rent previously set by Council has seen rents escalate to a level that some community organisations struggle to meet and where they may be off-putting to potential new lessees. With the benefit of an up-to-date rental valuation of the premises, City Officers consider it is the appropriate time to recommend a review of the means by which increases are calculated and set the starting rent for 2020/2021 financial year at a level that reflects the current rental climate.

 

It is also an opportunity to introduce flexibility in terms of the type and duration of tenure that might be offered.

 

BACKGROUND

The CRC is located on Reserve 41445, Lot 502, H19 Cammilleri Street, Busselton, adjacent to the Busselton Library. It is Crown land managed by the City. The management order contains certain conditions, such as the permitted use. The City has the power to lease or licence any part of the reserve for terms up to 21 years subject to the consent of the Minister for Lands. 

 

The CRC was constructed in 2012 to house a range of administration services and facilities for not for profit organisations; meeting rooms for hire by tenants and members of the community; a local studies and archival facility for the Busselton Family History Society and server room and storage for the City.

 

A substantial component of the construction costs of the CRC was funded by Lotterywest. The City entered into a Grant Agreement with Lotterywest on 20 September 2010, in which they committed to use the building for ‘benevolent and charitable’ purposes and lease or licence space to ‘eligible organisations’. The Grant Agreement expires in 2030.

 

Of the original nine not for profit organisations leasing the CRC, the Busselton Dunsborough Environment Centre, Citizens Advice Bureau of WA, Young Men’s Christian Association and the Busselton Family History Society  remain in occupation.  They are now joined by Cam Can, Life Without Barriers and Pathways South West/The Family Planning Association of WA.

 

In the last 12 months, the MS Society chose not to exercise their option for a further lease term and moved to commercial premises in Vasse, largely due to space issues rather than funding.  Life Without Barriers relocated from the reception area to the MS Society office space.

 

Uniting Church vacated their office (approximately 28m2) following the fire at the Match Factory premises, which severely impacted their funding source, and YMCA declined to renew the lease of their ground floor storage space used as a toy library (approximately 40m2).

 

In May, the Activ Foundation relocated to their consolidated premises in the LIA leaving a large (105m2) ground floor office space vacant. 

OFFICER COMMENT

Up until recently, there had been a healthy interest from community groups wishing to lease space within the building when they became vacant. At one point, circa 2016,  the City were contemplating converting one of the first floor meeting rooms into office space to accommodate community groups keen to have a presence there. A deal was also struck with the Central Queensland University in 2016 that necessitated partially enclosing the reception area to create a space suitable for them to house their new coordinator and establish a presence in Busselton.

 

In the last 6-8 months, a number of tenants, namely the Uniting Church, YMCA and ACTIV have left.   Advertising in the local paper and on social media has not resulted in any enquiries and those community groups that had previously expressed an interest were contacted but had either found alternative facilities or disbanded.  Recently, Cam Can, a long-standing tenant of offices on the first floor, indicated they may wish to take up the space formerly leased by ACTIV. A sister group to Life Without Barriers, also on the first floor, have expressed an interest in moving to the Uniting Church office. This will result in all the ground floor offices (other than the former toy library) being occupied but leave two offices vacant on the first floor.


 

The City Library staff are currently utilising some of the vacant spaces for their administration and storage purposes throughout the Busselton Library renovation.  This is anticipated to be for a period of up to 3 months.

 

Prior to entering into the first leases of the CRC in 2012, the City undertook a detailed process to determine the annual rent. As a result City Officers recommended that the rent commence at $2.50 per square metre per week ($130 per square metre per annum) and be reviewed annually by CPI.

 

Council resolved to adopt this recommendation subject to the inclusion of an additional annual increase of $0.10 per square metre per week ($5.20 per square metre per annum).  Applying this per square metre increase as well as CPI has seen the rents increase from $130 per square metre to $179.40 per square metre per annum (all inclusive of GST). 

 

City Officers have investigated current market indications which showed a fall in the rental market through 2016 and 2017 by up to 30% in some instances.  In the past 18 months to 2 years, the indication is that the market has remained flat. The review of the rents within the CBD identified that some office spaces are being leased at a rate below that applied to the CRC. Whilst the comparable rent excludes variable outgoings and the CRC rent is inclusive with the exception of electricity, the original intent was to calculate a rent that reflected the cost to the City of managing and maintaining the asset.  It was not intended to be or to exceed market rent. It is also worthy of note that at the time the decision on rental increments was made there was no indication of how much revenue would be generated from the hire of the meeting rooms. Whilst hire of the meeting rooms was slow and intermittent at the outset, regular users and greater awareness have seen revenue gradually increase in recent years. 

 

With this fall in the market, the gap is narrowing between the CRC rent and the market rent and some tenants are struggling.  The internal market valuation recommends that the rent should be no greater than $150.00 per square metre. It is therefore recommended that in the 2020/21 financial year, the rent commence at $150.00 per square metre inclusive of outgoings except electricity, then increase annually by CPI only. 

 

It is also recommended that flexibility be introduced in terms of lease duration and the ability to offer short-term licences.  This is motivated by the potential to attract use that might appeal to community groups who have limited funding or seasonal/periodic needs. This would not be seen as competing with meeting room hire as enquiries in the past have been for short term use of office space or ‘hot desk’ arrangements. This may therefore attract interest from users who only require space for one or two days a week. Although it is accepted that this will be more of an administrative burden so far as the turnover of documentation and issue of access cards is concerned, it may be worthy of trial.

Statutory Environment

Leasing office space within the CRC is regarded under section 3.58 of the Local Government Act 1995 (Act) as a disposal of property.  A Local Government is bound by the requirement of section 3.58 of the Act which requires giving local public notice when disposing of property.  There are exemptions to this process under Regulation 30 (2) (b) (i) and (ii) of the Local Government (Functions & General) Regulations which states “disposal of land to incorporated bodies with objects of benevolent, cultural, educational or similar nature and the member of which are not enlisted to receive any pecuniary profit from the body’s transactions, are exempt from the advertising and tender requirements of section 3.58 of the Act”. An eligible organisation under the Grant Agreement would be exempt from this.

 

The land on which the CRC is located is within Reserve 41445, Lot 502, Deposited Plan 73254, Volume LR3162, Folio 147, being Crown Land for the designated purpose of Parking and Community. The City is the management body under Management Order L878359. The City has the power to lease or licence for periods up to 21 years, subject to the consent of the Minister for Lands.

Under Section 18(2) of the Land Administration Act 1997, approval of the Minister for Lands is required for a lease on a Crown Reserve.  Additionally, the lease is to be lodged with Landgate in accordance with the Transfer of Land Act 1893 (TLA). 

Relevant Plans and Policies

The recommendation in respect of leasing terms and conditions is consistent with the principles of the Leasing of City Premises Policy, adopted by Council on the 13 May 2020. 

Financial Implications

Excluding the reception area (which only became a rentable space to accommodate Central Queensland University) there is currently 176m2 of vacant office space. Based on the current rate per square metre, this equates to a loss of potential income in the 2020/2021 financial year of $28,704.00 (exclusive of GST).  

If we can retain our current tenants and secure new tenants for the vacant offices, the proposed decrease in the rate per square metre will have a minimal impact on the 2020/21 financial year budget.  Some vacancies had been allowed for in the proposed budget for the 2020/2021 financial year.  Should the proposal to reduce the per square metre rate be approved, the reduction to the projected income would be in the region of $4,000, depending on how much of the space is actually leased during this time. 

Stakeholder Consultation

City Officers meet periodically with tenant representatives to discuss issues and concerns. With the exception of some anti-social behaviour in the publicly accessible areas and liberties being taken by hirers of meeting rooms in assuming anything in the common areas is common property, the current tenants are happy being in the CRC.  Some however have expressed concern over the increase in rents and the cost of hire of the meeting rooms. The latter has been addressed to a great extent by the recent changes to the fees and charges that allocate a community rate and permit hourly rates for CRC tenants.

 

As a major stakeholder in the concept, we engage with Lotterywest to seek their input and consent for use that may be outside the permitted purpose or with a lessee that is not classified as an eligible organisation.  It was necessary therefore to seek approval for use of the reception area by the Central Queensland University and temporary occupation of the vacant spaces on the ground floor by library staff. Lotterywest have been both accommodating and flexible in their approach but we are aware they would like to see the CRC fully utilised and activated.

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 resolve to apply a different rental rate per square metre per annum.


 

CONCLUSION

The provision of a centrally located modern facility to assist with the provision of community services in the district will always need to evolve to reflect economic and social change. The vacancies within the CRC have arisen for a number of reasons and the impact of the current global pandemic will be felt for a long time.  By introducing flexibility for rental periods and making the facility more affordable it is hoped that the CRC will attract sufficient interest to see it fully and effectively utilised or the foreseeable future.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Notification of the change to the rent for the 2020/2021 financial year will be made to the lessees within 10 days of the date of the resolution of Council.  Advertising of the vacant spaces at the varied rent will commence as soon as possible.   


Council                                                                                      92                                                                        29 July 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 SAT Reviews

Attachment b    Lower Vasse River Management Advisory Group Meeting Notes

Attachment c    Lower Vasse River Circulation Report

Attachment d   Letter from Bureau of Meteorology

Attachment e    Letter of thanks - Jarrahwood Community Association Inc.  

 

OFFICER RECOMMENDATION

 

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

17.1.1       State Administrative Tribunal Reviews

 

17.1.2      Current Active Tenders

 

17.1.2       Transfer of Ownership of Public Library Stock 

17.1.4       Lower Vasse River Management Advisory Group Meeting Notes – 24 June 2020

17.1.5       Lower Vasse River Circulation Trial 2019-2020

17.1.6       Letter from Bureau of Meteorology 

17.1.7       Thank you letter from Jarrahwood Community Association Inc. 

 

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 provided at Attachment A.

17.1.2       Current Active Tenders               

 

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

 

RFT03/20 CONSTRUCTION OF BORE(S) – DUNSBOROUGH NON-POTABLE WATER PROJECT

 

·    Requirement –  to engage an adequately skilled and experienced Contractor to:

a)    construct, test and equip exploration, production and/or monitoring bore(s) on Mewitt Road, Quindalup (defined in the Request for Tender as the Bore Site) as part of the City’s Dunsborough Non-Potable Water Network Project;

b)    comply with DWER requirements in relation to a Hydrogeological Assessment Report for these bores (as specified in the Drilling Licence); and

c)    if required, provide the City with a report on the beneficial use (availability, volume, quality and sustainability) of groundwater available for extraction from this bore(s).

·    A Request for Tender was advertised on 18 July 2020 with a closing date of 20 August 2020. 

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

 

RFT05/20 UPGRADE OF MECHANICAL SERVICES TO THE GEOGRAPHE LEISURE CENTRE

 

·    Requirement – to supply and install a modification to the existing mechanical system at the Geographe Leisure Centre.

·    A Request for Tender was advertised on 9 May 2020 with a closing date of 26 May 2020. 

·    Two submissions were received and have been evaluated.

·    The value of the contract is not expected to exceed the CEO’s current delegated authority under Delegation DA 1-07 and it is expected that the evaluation will be completed and a contract will be entered into during June 2020.

·    A contract was awarded by the CEO under delegation to BSA Advanced Property Solutions (WA) Pty Ltd in July 2020.

 

RFT06/20 BUSSELTON FORESHORE EXERCISE EQUIPMENT – DESIGN, FABRICATION AND INSTALLATION

 

·    Requirement – the design, fabrication and installation of six (6) exercise equipment stations at the Busselton Foreshore. 

·    A Request for Tender was advertised on 9 May 2020 with a closing date of 26 May 2020. 

·    The value of the contract is not expected to exceed the CEO’s current delegated authority under Delegation DA 1-07 and it is expected that a contract will be entered into during July/August 2020.

·    One submission was received and is currently being evaluated.

 


 

EOI02/20 CONSTRUCTION OF BUSSELTON PERFORMING ARTS AND CONVENTION CENTRE

 

·    Requirement – the construction of the Busselton Performing Arts and Convention Centre.

·    An Expression of Interest was advertised on 11 July 2020 with a closing date of 11 August 2020.

·    The process for making a preliminary selection among prospective tenderers has been delegated to the CEO pursuant to delegation DA 1 -08.

·    It is expected that a shortlisting of acceptable tenderers will occur in September 2020, with a proposed date for issue of the Request for Tender to acceptable tenderers estimated to be December 2020.

 

17.1.3       Transfer of Ownership of Public Library Stock 

 

On 23 June 2020, the CEO received a letter from the CEO and State Librarian advising the following:

 

Transfer of Ownership of Public Library Stock

As advised in my letter to you of 20 December 2019, the transfer of ownership of physical library materials purchased with State Government funding will take place as planned on 30 June 2020.

 

This initiative is a milestone in the implementation of the new tiered model for delivering public library services developed as part of the WA Public Libraries Strategy, endorsed by the WALGA State Council and the Library Board of Western Australia.

 

Over the past six months, all public library services in Tier One local governments have worked with the State Library to complete a reconciliation of library materials to ensure accurate figures for the transfer of stock.

 

I would like to thank library staff for their work in ensuring the completion of this project, particularly in the context of COVID-19.

 

The library materials to be transferred to your local government as of 30 June 2020 are:

 

Number of volumes transferred 32,446

Dollar value of volumes transferred $444,808

 

The dollar value of the volumes transferred has been based on the depreciated cost according to the age of the items held by your local government’s public libraries. As this stock will now be owned by your Local Government, the policies and procedures of individual local governments should be used to determine whether-or-not stock is treated as an asset and depreciated in the future.

 

If you require any further information please contact Sue North, Project Manager Public Library Strategy sue.north@slwa.wa.gov.au or 9427 3219.

 

We look forward to continuing to work with you and your staff as we implement this new model.

 

Officer Comment

 

The State Government provides funding via the State Library of Western Australia to support public libraries services in Western Australia. Funds are provided to local governments on an annual basis via grants, based on an agreed allocation model.

 

For many years, local governments and the West Australian Local Government Association (WALGA) have argued for greater autonomy and for the ability to tailor services according to the capacity of their library as well as the needs of individual communities.

 

As part of the WA Public Libraries Strategy, endorsed by the WALGA State Council and the Library Board of Western Australia, State Library has been working with Local Governments on a new tiered model for delivering public library services.  City of Busselton libraries, due to the size of population and its needs has been classified as a Tier One Local Government service which will provide us with more flexibility in how State funding may be spent.

 

All Tier One local governments may elect to apply for up to 20% of their annual public library funding allocation to be received as a Library Priority Grant to be spent on specific projects other than library materials. Tier One local governments must spend a minimum of 80% of their total funding allocation on the purchase of library materials through the State Library’s centralised purchasing arrangement. The implementation of Library Priority Grants is scheduled for 1 January 2021.

 

As such transfer of ownership of physical library materials purchased with State Government funding will take place on 30 June 2020.

 

The library materials to be transferred to the City of Busselton as of 30 June 2020 are:

 

Number of volumes transferred 32,446

Dollar value of volumes transferred $444,808.

 

The dollar value of the volumes transferred has been based on the depreciated cost according to the age of the items held

 

In 2020/21 City of Busselton libraries have been allocated $77,362 in State Funding to purchase materials from the State Library. Funding this year is to be received as 2 separate instalments of $38,681 each in July 2020 and January 2021.

 

17.1.4       Lower Vasse River Management Advisory Group Meeting Notes – 24 June 2020

 

As per the terms of reference for the Lower Vasse River Management Advisory Group, the notes from the meeting held on 24 June 2020 are provided at Attachment B.

 

17.1.5       Lower Vasse River Circulation Trial 2019-2020

 

The Technical Report to the City of Busselton of the Lower Vasse River Circulation Trial 2019-2020 prepared by Robyn Paice, Ottelia Ecology, is provided at Attachment C.

 

17.1.6       Letter from Bureau of Meteorology 

 

As resolved by Council at its meeting on 29 January 2020 (C2001/023), in response to the Motion carried at the General Meeting of Electors on 2 December 2019 (C1912/245), the CEO wrote to the Bureau of Meteorology to seek the installation of weather stations in the Busselton and Dunsborough town sites.

 

A letter of response to this request from the Bureau of Meteorology is provided at Attachment D.

 

Officers are investigating the option of an automatic weather station and the cost of its installation.


 

17.1.7       Thank you letter from Jarrahwood Community Association Inc. 

 

Correspondence received from the Jarrahwood Community Association Inc. is provided at Attachment E.  


Council

95

29 July 2020

17.1

Attachment a

Current SAT Reviews

 

As at 13 July 2020

APPLICATION (Name, No. and City File Reference)

PROPERTY

DATE
COMMENCED

DECISION BEING REVIEWED

RESPONSIBLE OFFICER

 

STAGE COMPLETED

NEXT ACTION AND DATE OF ACTION AS PER SAT ORDERS

DATE COMPLETED / CLOSED

CITY OF BUSSELTON

 

Lindberg v City of Busselton

 

4822  Bussell Highway, Busselton                            

 

October 2019

 

Review of a decision to give a direction under s.214.

 

Ben Whitehill / Lee Reddell

 

●   Directions hearing on the 8 November 2019 against the decision of the City to give a direction under s.214.

●   The matter was adjourned to a further directions hearing on 29 November 2019 in order to determine whether the application is misconceived or lacking in substance pursuant to s.47 of the State Administrative Tribunal Act 2004

●   Directions hearing on the 29 November 2019 where it was resolved:

-      The application is amended by substituting Mr Doug Hugh Lindberg as applicant in place of Mr Johnson.

-      The matter is listed for an on-site mediation on 6

January 2020.

-      Mr Michael Johnson is invited to attend and participate in the mediation.

●   Mediation on 6 January 2020 where it was resolved that :

-   the applicant is to provide additional information to the   respondent by 3 February 2020;

-   The matter is listed for mediation on 13 February 2020.

●   Mediation on 13 February where, following further discussion with the landowners and Mr Johnson, it was resolved to adjourn the proceeding back to a further directions hearing on 17 April 2020.

●   Directions hearing on 17 April was vacated and listed for a directions hearing on 5 June 2020.

●   Directions hearing on 5 June was vacated and listed for a directions hearing on 7 August 2020.

 

 

Directions Hearing 7 August 2020

 

 

 

 

Bishop v City of Busselton

 

 

545 Gale Road, Kaloorup

 

 

 

November 2019 - (DR 227 of 2019)

 

 

 

 

April 2020 – (DR 59 of 2020)

 

 

Review of a decision to give a direction under s.214 (concrete batching and dumping rubbish)

 

 

Review of a decision to refuse to grant develop approval for a ‘Research Establishment’

 

 

Ben Whitehill / Joanna Wilson

 

●   Directions hearing on the 29 November 2019 against the decision of the City to give a direction under s.214

●   The matter was adjourned to a further directions hearing on 13 December 2019 in order for the applicant to seek legal advice

●   Directions hearing listed for 13 December 2019 was vacated

●   S 214 direction issued by the City is stayed until further orders are made.

●   The matter is listed for a directions hearing on 7 February 2020.

●   Directions hearing on 7 February 2020 where it was resolved that :

-      adjourned to a further direction hearing on 4 March 2020;

-      By 6 March 2020, the respondent must file a statement of issues, facts and contentions and bundle of documents required under s 24 of the State Administrative Tribunal Act 2004.

●   Directions on 4 March 2020, where it was discussed that City likely to refuse Application for DA for Research Establishment, that the order for City to file documents be revoked, and adjourned to 3 April 202o

●   City refused Application for DA for Research Establishment on 12 March 2020

●   Mr Bishop has applied to the SAT to have refusal reviewed

●   Directions hearing on the 3 April 2020 adjourned to 17 April 2020 due to non-appearance of Mr Bishop.

●   Directions hearing on the 17 April was vacated and listed for a directions hearing on 24 April 2020.

●   Both review applications have now been listed for Mediation on 6 May 2020;

●   Directions hearing on 5 May 2020 in order for both parties to agree on vacating the mediation on 6 May 2020 and re-listing for 3 June 2020.

●   DR 277 of 2019 (relating to s214 notice for concrete batching) withdrawn and DR 59/2020 (relating to the refusal of the DA for Research Establishment) adjourned to a further mediation on 19 August 2020.

 

 

Mediation

19 August 2020

 

 

 

 

 

Hotait v City of Busselton

 

 

9 Prospect Close, Quindalup

 

 

November 2019 and January 2020

 

Review of a decision to give directions under s.214.

 

Ben Whitehill / Lee Reddell

 

●    City issued 3 s 214 directions (Planning and Development Act 2005) October 2019; review applications lodged with SAT

●    Due to administrative issues, review applications were dismissed.  Re-commenced in January 2020 (DR 16/2020).

●    Directions hearing held on 31 January 2020, adjourned to 28 February 2020 to enable the parties to confer, with a view to then being directed to mediation.

●    Directions hearing on 28 February 2020 where the matter was referred to mediation on 16 March 2020.

●    Mediation on 16 March 2020 where it was resolved that:

-      The parties are to liaise in respect of the additional information required for the determination of the current development applications;

-      Preparation of a ‘livestock management plan’ that might form the basis of a development application.

-      Adjourned to a further mediation on 21 May 2020.

●    Adjourned to a Directions Hearing on 24 July 2020, to provide time for Applicants to provide documentation and City to consider applications.

 

 

Directions hearing on 24 July 2020

 

 

 

 

Harris v City of Busselton

 

 

May 2020

 

Review of a decision to cancel a registration (Dog Act 1976)

 

Ben Whitehill / Sharon Woodford-Jones

 

●    City cancelled registration of dog on 30 April 2020.

●    Applicant lodged application for review 11 May 2020.

●    Directions hearing on 16 June 2020 applicant did not attend adjourned to 7 July 2020.

●    Directions hearing 7 July 2020, resolved not suitable for mediation and made the following orders:

-      statement of issues, facts and contentions (SIFC) and s24 bundle of documents to be filed by the City by 4 August 2020;

-      applicant to file response by 25 August 2020;

-      adjourned to a further direction hearing on 8 September 2020.

 

 

4 August 2020

SIFC and s24 bundle to be filed

 

 

JOINT DEVELOPMENT ASSESSMENT PANEL

 

NIL

 

WESTERN AUSTRALIAN PLANNING COMMISSION

 

NIL

 

 


Council

98

29 July 2020

17.1

Attachment b

Lower Vasse River Management Advisory Group Meeting Notes

 


 


 


Council

123

29 July 2020

17.1

Attachment c

Lower Vasse River Circulation Report

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

125

29 July 2020

17.1

Attachment d

Letter from Bureau of Meteorology

 


 


Council

126

29 July 2020

17.1

Attachment e

Letter of thanks - Jarrahwood Community Association Inc.

 

 


Council                                                                                      127                                                                     29 July 2020

18.             Motions of which Previous Notice has been Given

Nil  

 

19.             urgent business


Council                                                                                      129                                                                     29 July 2020

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           PROPOSED AUSTRALIAN UNDERWATER DISCOVERY CENTRE

This report contains information of a confidential nature in accordance with Section 5.23(2(e)(ii) of the Local Government Act 1995, as it contains information relating to a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government

 


 

21.             Closure