Council Agenda

 

 

 

9 September 2020

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 9 September 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, 9 September 2020, commencing at 5.30pm.

 

Your attendance is respectfully requested.

 

 

DISCLAIMER

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

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

28 August 2020


CITY OF BUSSELTON

Agenda FOR THE Council MEETING TO BE HELD ON 9 September 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 25 August 2020. 5

Committee Meetings. 6

8.2          Minutes of the Airport Advisory Committee Meeting held 12 August 2020. 6

8.3          Minutes of the Policy and Legislation Committee Meeting held 25 August 2020. 6

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

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

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

12..... Reports of Committee. 7

12.1        Policy and Legislation Committee - 25/8/2020 - LOCAL PLANNING POLICY REVIEW - ADOPTION OF LOCAL PLANNING POLICIES FOLLOWING PUBLIC CONSULTATION : LPP XX : EXEMPT DEVELOPMENT AND LPP XX : OUTBUILDINGS AND OTHER NON-HABITABLE BUILDINGS; AND REVOCATION OF LPP 4.8 : OUTBUILDINGS AND LPP 4.9 : OUTBUILDING ASSESSMENT. 7

12.2        Policy and Legislation Committee – 25/08/2020 - LOCAL PLANNING POLICY REVIEW - INITIATION OF NEW LPP XX : ADVERTISEMENTS AND ADVERTISING SIGNS. 39

12.3        Policy and Legislation Committee - 25/8/2020 - AMENDMENT TO DELEGATION 'DA7 - 01 DEVELOPMENT CONTROL' 53

12.4        Policy and Legislation Committee - 25/8/2020 - REVIEW OF COUNCIL POLICY: COMMUNITY ENGAGEMENT. 58

13..... Planning and Development Services Report. 68

14..... Engineering and Work Services Report. 69

15..... Community and Commercial Services Report. 70

15.1        COMMUNITY SPORT AND RECREATION FACILITIES FUND - ANNUAL AND FORWARD PLANNING 2021/22 ROUND.. 70

15.2        MARKETING AND EVENTS REFERENCE GROUP OUTCOMES. 78

16..... Finance and Corporate Services Report. 85

17..... Chief Executive Officers Report. 86

17.1        COUNCILLORS' INFORMATION BULLETIN.. 86

18..... Motions of which Previous Notice has been Given.. 110

19..... urgent business. 110

20..... Confidential Matters. 110

21..... Closure. 110

 


Council                                                                                      4                                                             9 September 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 25 August 2020

Recommendation

That the Minutes of the Council Meeting held 25 August 2020 be confirmed as a true and correct record.

 

Committee Meetings

8.2             Minutes of the Airport Advisory Committee Meeting held 12 August 2020

Recommendation

That the Minutes of the Airport Advisory Committee Meeting held 12 August 2020 be noted.

 

8.3             Minutes of the Policy and Legislation Committee Meeting held 25 August 2020

Recommendation

That the Minutes of the Policy and Legislation Committee Meeting held 25 August 2020 be noted.

 

9.               RECEIVING OF Petitions, Presentations AND DEPUTATIONS

Petitions

Presentations

Deputations

 

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

 

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


Council                                                                                      11                                                           9 September 2020

12.             Reports of Committee

12.1           Policy and Legislation Committee - 25/8/2020 - LOCAL PLANNING POLICY REVIEW - ADOPTION OF LOCAL PLANNING POLICIES FOLLOWING PUBLIC CONSULTATION : LPP XX : EXEMPT DEVELOPMENT AND LPP XX : OUTBUILDINGS AND OTHER NON-HABITABLE BUILDINGS; AND REVOCATION OF LPP 4.8 : OUTBUILDINGS AND LPP 4.9 : OUTBUILDING ASSESSMENT

STRATEGIC GOAL

2. PLACE AND SPACES Vibrant, attractive, affordable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Development Control Policy

BUSINESS UNIT

Statutory Planning

REPORTING OFFICER

Senior Development Planner – Policy - Stephanie Navarro

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

Legislative: to adopt legislative documents e.g. local laws, local planning schemes, local planning policies

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   LPP XX : Exempt Development - Final Version

Attachment b    LPP XX : Outbuildings and Non-habitable Buildings - Advertised Version

Attachment c    LPP XX : Outbuildings and other Non-habitable Buildings - Final Version

Attachment d   Table of Submissions - LPP XX : Outbuildings and Non-habitable Buildings

Attachment e    LPP 4.8 : Outbuildings

Attachment f    LPP 4.9 : Outbuilding Assessment

 

This item was considered by the Policy and Legislation Committee at its meeting on 25 August 2020, the recommendations from which have been included in this report.

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

That the Council:

1.         Pursuant to Clause 4 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 adopt as final –

(a)       LPP XX : Exempt Development, as set out at Attachment A; and

(b)      LPP XX : Outbuildings and other Non-habitable Buildings, as set out at Attachment C.

2.         Publish a notice of adoption in a newspaper circulating within the Scheme area in accordance with clause 4 of Part 2 of Schedule 2 – Deemed Provisions for Local Planning Schemes of the Planning and Development (Local Planning Schemes) Regulations 2015 of those Policies set out in 1 above.

3.         Pursuant to Clause 6 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 revoke –

(a)       LPP 4.8 : Outbuildings (Attachment D); and

(b)      LPP 4.9 : Outbuilding Assessment (Attachment E).

4.         Publish a notice of revocation in a newspaper circulating within the Scheme area in accordance with clause 6 of Part 2 of Schedule 2 – Deemed Provisions for Local Planning Schemes of the Planning and Development (Local Planning Schemes) Regulations 2015 of those Policies set out in 2 above.

EXECUTIVE SUMMARY

Council is asked to consider final adoption of the following local planning policies (‘Policies’ or ‘Policy’, as appropriate to the context) which, since being initiated by Council, have been publicly advertised in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 (‘Regulations’):

1.         LPP XX : Exempt Development, as set out in Attachment A; and

2.         LPP XX : Outbuildings and other Non-habitable Buildings, as set out in Attachment C.

 

As LPP XX : Outbuildings and other Non-habitable Buildings is proposed to consolidate and replace two existing Policies, Council is also asked to revoke the following two Policies:

1.      LPP 4.8 : Outbuildings (‘LPP 4.8’), provided at Attachment D; and

2.      LPP 4.9 : Outbuilding Assessments (‘LPP 4.9’), provided at Attachment E.

 

BACKGROUND

The Regulations provide that policies may be prepared by a local government in respect of any matter relating to planning and development subject to the City of Busselton Local Planning Scheme No. 21 (‘Scheme’).

 

The intention of a policy is to provide guidance to applicants/developers and the community in regards to the decision-making process, as well as to the local government when exercising discretion under the Scheme. Policies must be consistent with the intent of the relevant Scheme provisions, including State Planning Policy 7.3 - Residential Design Codes (‘R-Codes’), and cannot vary development standards or requirements set out in a Scheme or impose any mandatory requirements upon development.

 

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

 

In March 2019, the City commenced the first stage of the policy review. The City has now commenced the second stage of the review process and is currently reviewing the content and relevance of all policies. Due to the number of policies and the complexity of issues which need to be addressed, the review has been broken down into a number of stages.

 

It is proposed as part of this report that Council adopts as final LPP XX : Exempt Development (Attachment A) and LPP XX : Outbuildings and other Non-habitable Buildings (Attachment C) which were initiated by Council on 13 May 2020 for the purposes of public consultation. The Policies were advertised, in accordance with the Regulations, for 28 days from 27 May 2020 – 24 June 2020 (note: the Regulations require a minimum public consultation period of 21 days). The Policies were advertised via a notice placed in the local newspaper for four consecutive weeks and a portal was created on the City’s Your Say platform website for the online lodgement of submissions. 

 

In addition to the above, the City sent emails to all outbuildings companies that had lodged development applications in the past 12 months advising of draft LPP XX : Outbuildings and other Non-habitable Buildings and the proposed changes to the current requirements.

 

As it is proposed that LPP XX : Outbuildings and other Non-habitable Buildings will consolidate and replace the City’s current two existing Policies, Council is also asked to revoke LPP 4.8 and LPP 4.9.

 

A description of the Policies being considered is set out in the ‘Officer Comment’ section of this report.

OFFICER COMMENT

LPP XX : Exempt Development

The purposes of LPP XX : Exempt Development is to exempt various kinds of minor development from the requirement to obtain development approval. The exemptions contained within this Policy would be in addition to those types of development already exempt under clause 61 of the Regulations and clause 6.1 of the Scheme.

 

During the public consultation period, no submissions were received in relation to this Policy. No changes are proposed to the version of the Policy proposed for adoption from what was initiated by Council and advertised. 

 

It is, therefore, recommended that the Policy as set out in Attachment A be adopted as final.

 

LPP XX : Outbuildings and other Non-habitable Buildings (including revocation of LPP 4.8 and LPP 4.9)

The purposed of LPP XX : Outbuildings and other Non-habitable Buildings is to replace two existing Policies, being LPP 4.8 and LPP 4.9. LPP 4.8 relates to outbuildings on Residential zoned lots while LPP 4.9 relates to outbuildings and other non-habitable buildings (as defined by the Policy) in the Rural Residential, Rural, Conservation, Rural Landscape, Viticulture and Tourism, and Bushland Protection zones. It is proposed that the new Policy will consolidate the requirements into a single Policy to improve ease of use. The version of this Policy that was initiated by Council and advertised for public consultation is provided at Attachment B.

 

During public consultation, two submissions were received. A summary of submissions and comments addressing the comments raised is provided at Attachment F.

 

Upon completion of the advertising period, further review of the Policy was undertaken at an officer level. As a result of this further consideration a number of modifications are proposed to the version of the Policy that is recommended to be adopted in final form. The modifications do not alter or change the standards or provisions within the Policy and therefore it is considered that re-advertising the amended Policy is not necessary. The changes that are proposed are as follows:

1.         Change of title from LPP XX : Outbuildings and Non-habitable Buildings to LPP XX : Outbuildings and other Non-habitable Buildings. An outbuilding by definition is an enclosed non-habitable building. To clarify that the Policy applies to both outbuildings and other types of non-habitable buildings, such as patios and carports as defined by the Policy, as outbuildings are also non-habitable structures.

2.         The maximum wall heights, ridge heights and total areas for outbuildings and other non-habitable buildings in the different zones have been moved into a single table to improve the utilisation of the Policy and simplify the format of the Policy.

3.         To facilitate the change above, the individual design principles for each Zone have been removed and incorporated into the Purpose of the Policy.

4.         Policy provisions advising when a development application is required for an outbuilding and/or other non-habitable building have been removed, as these are not necessary or appropriate as provisions. These were considered to be information only and therefore it is considered that these would be more suited to a note within the Policy and would be supplemented with a fact sheet that would be prepared if the Policy is adopted.

 

It is, therefore, recommended that the Policy as set out in Attachment C be adopted as final.

 


Statutory Environment

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

Division 2 — Local planning policies

3.         Local planning policies

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

2.         A local planning policy —

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

2.    may apply to the whole of the Scheme area or to part or parts of the Scheme area specified in the policy.

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

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

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

4.         Procedure for making local planning policy

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

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

1.    the subject and nature of the proposed policy; and

2.    the objectives of the proposed policy; and

3.    where the proposed policy may be inspected; and

4.    to whom, in what form and during what period submissions in relation to the proposed policy may be made;

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

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

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

8.         After the expiry of the period within which submissions may be made, the local government must —

1.         review the proposed policy in the light of any submissions made; and

2.         resolve to —

1.    proceed with the policy without modification; or

2.    proceed with the policy with modification; or

3.    not to proceed with the policy.

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

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

6.         The local government —

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

2.         may publish a copy of each of those local planning policies on the website of the local government.

6.        Revocation of local planning policy

A local planning policy may be revoked —

(a)       by a subsequent local planning policy that —

(i)        is prepared in accordance with this Part; and

(ii)       expressly revokes the local planning policy;

Or

(b)       by a notice of revocation —

(i)        prepared by the local government; and

(ii)       published in a newspaper circulating in the Scheme area.

 

Relevant Plans and Policies

Local Planning Strategy 2019

The purpose of the LPS is to:

1.         set out the long-term (25 years-plus) broad planning direction for the whole of the District of the City of Busselton;

2.         provide a strategic rationale for decisions related to the planning and development of the District;

3.         apply State and regional planning policies relevant to the strategy; and

4.         provide a strategic rationale for decisions related to the planning and development of the District. The LPS consists of five ‘planning themes’ with Theme 4 : Environment, landscape and heritage relating to the natural, rural and urban landscapes of the District.

 

Financial Implications

There are no financial implications associated with the Officer Recommendation.

 

Stakeholder Consultation

In accordance with the Regulations, it is proposed that a notice be placed in the local newspaper advising that LPP XX : Exempt Development and LPP XX : Outbuildings and other Non-habitable Buildings have been adopted as final and that LPP 4.8 and LPP 4.9 have been revoked.

 

Risk Assessment

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

 

Options

As an alternative to the Officer Recommendation, the Council could:

1.         Modify one or more of the Policies recommended to be adopted as final; and/or

2.         Not to adopt one or more of the Policies recommended to be adopted as final; and/or

3.         Not revoke one of more of the Policies recommended to be revoked.

 

CONCLUSION

It is recommended that Council support the proposed adoption and revocation of the Policies as described in this report.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Implementation of the Officer Recommendation would involve notification of the adopted and revoked Policies as outlined in the consultation section of this report above. It is expected that this will commence within one month of the Council decision.

 

 

  


Council

15

9 September 2020

12.1

Attachment a

LPP XX : Exempt Development - Final Version

 





Council

24

9 September 2020

12.1

Attachment b

LPP XX : Outbuildings and Non-habitable Buildings - Advertised Version

 










Council

28

9 September 2020

12.1

Attachment c

LPP XX : Outbuildings and other Non-habitable Buildings - Final Version

 







Council

31

9 September 2020

12.1

Attachment d

Table of Submissions - LPP XX : Outbuildings and Non-habitable Buildings

 


Council

33

9 September 2020

12.1

Attachment e

LPP 4.8 : Outbuildings

 



Council

37

9 September 2020

12.1

Attachment f

LPP 4.9 : Outbuilding Assessment

 





Council                                                                                      45                                                           9 September 2020

12.2           Policy and Legislation Committee – 25/08/2020 - LOCAL PLANNING POLICY REVIEW - INITIATION OF NEW LPP XX : ADVERTISEMENTS AND ADVERTISING SIGNS

STRATEGIC GOAL

2. PLACE AND SPACES Vibrant, attractive, affordable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Development Control Policy

BUSINESS UNIT

Statutory Planning

REPORTING OFFICER

Senior Development Planner – Policy - Stephanie Navarro

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

Legislative: to adopt legislative documents e.g. local laws, local planning schemes, local planning policies

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   LPP ** : Advertisements and Advertising Signs - proposed

 

This item was considered by the Policy and Legislation Committee at its meeting on 25 August 2020, the recommendations from which have been included in this report.

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

That the Council:

1.         Initiates for the purposes of public consultation a new Local Planning Policy – LPP ** : Advertisements and Advertising Signs (Attachment A); and

2.         Advertise the initiated Local Planning Policy in a newspaper circulating within the Scheme area for four weeks in accordance with clause 4 of Part 2 of Schedule 2 – Deemed Provisions for Local Planning Schemes of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

EXECUTIVE SUMMARY

Council is asked to consider initiation for the purposes of public consultation a new local planning policy (‘Policy’), LPP ** : Advertisements and Advertising Signs following Council’s decision to defer consideration of any earlier version of the draft Policy at its meeting on 12 August 2020.

 

BACKGROUND

The Planning and Development (Local Planning Schemes) Regulations 2015 (‘Regulations’) provide that policies may be prepared by a local government in respect of any matter relating to planning and development subject to the City of Busselton Local Planning Scheme No. 21 (‘Scheme’).

 

The intention of a policy is to provide guidance to applicants/developers and the community in regards to the decision-making process, as well as to the local government when exercising discretion under the Scheme. Policies must be consistent with the intent of the relevant Scheme provisions, including State Planning Policy 7.3 - Residential Design Codes (‘R-Codes’), and cannot vary development standards or requirements set out in a Scheme or impose any mandatory requirements upon development.

 

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

 


In March 2019, the City commenced the first stage of the policy review. The City has now commenced the second stage of the review process and is currently reviewing the content and relevance of all policies. Due to the number of policies and the complexity of issues which need to be addressed, this review has been broken down into a number of stages.

The purpose of this report is to request that Council initiate for the purposes of public consultation a new Policy, LPP ** : Advertisements and Advertising Signs, following Council’s decision to defer any earlier version of the draft Policy at its meeting on 12 August 2020. A copy of the Policy requested to be initiate for public consultation is provided at Attachment A.

OFFICER COMMENT

An earlier version of the draft LPP** : Advertisements and Advertising Signs was considered by Council at its meeting on 12 August 2020 where it was determined to defer consideration to allow further work in relation to advertising signs which incorporate ‘animation’ to occur.

Policy Rationale (as per previous Council report)

It is proposed that this Policy be applicable to all Advertisements and Advertising Signs within the City not subject to the portable signs requirements under the Activities in Thoroughfares and Public Places and Trading Local Law 2015 and Council Policy - Portable Advertising Signs in Public Places.

 

Under the proposed Policy an Advertisement is proposed to be defined as follows:

Advertisement as defined by the Deemed Provisions and provided below -

means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, that is used wholly or partly for the purposes of advertising, announcing or directing, and includes —

1.         any hoarding or similar structure used, or adapted for use, for the display of advertisements; and

2.         any airborne device anchored to any land or building used for the display of advertising; and

3.         any vehicle or trailer or other similar object placed or located so as to serve the purpose of displaying advertising.

 

The distinction is made within the Policy between an Advertisement and an Advertising Sign, which is a type of Advertisement, and is proposed to be defined as follows:

Advertising Sign means a permanent structure/s used for the purpose of advertisement, or to draw attention to, a product, business, person or event.

 

Currently, the only controls that the City has in place in relation to Advertisements are contained with clauses 4.36.4, 4.41 and Schedule 11 – Exempted Advertising of the Scheme as outlined below:

1.         Clause 4.36.4 outlines requirements for entry statements within the Rural and Viticulture and Tourism zones; and

2.         Clause 4.41 outlines that Advertisements are prohibited if they advertise goods and services which are not produced, displayed or offered for sale, or which is otherwise not relevant to, the land upon which the advertisement is located; and

3.         Schedule 11 includes specific types and requirements for Advertising Signs that if met are exempt under clause 6.1 Permitted Development of the Scheme from requiring development approval.


 

If an Advertisement does not comply with the requirements of clause 4.36.4 or Schedule 11, the City has not further requirements in place and development applications are required to be assessed on a case by case basis against the “matters to be considered” of the Regulations. A lack of further requirements has resulted in uncertainty regarding what the City considers to be acceptable when determining a development application for an Advertisement which requires approval. Therefore, it is proposed as part of the Policy that provisions relating to the maximum dimension/s and number of signs be introduced. Requirements for different zones are proposed to reflect the different land uses permissible in those areas, as well as the desired amenity of each zone.

 

As part of the preparation of this Policy, the City has considered the requirements of other local governments within Western Australia, including the City of Bunbury and various Perth Metropolitan local governments.  In addition, officers have reviewed the City’s former local law relating to signs and other advertising devices (which was repealed in 2015) as well as previous development approvals for various types of signs within the City. It is considered that the provisions proposed within this Policy are consistent with the current requirements that are generally applied by the City when assessing development applications.

 

Changes to draft Policy relating to animation

In addition to the above, it is proposed as part of the Policy to set requirements for advertisements which incorporates static illumination and/or animation. Currently the City does not have any specific controls around the illumination of advertisements, including the use of animation.

 

Static Illumination is proposed to be defined within the Policy as follows:

Static Illumination means an internal or external light source that lights any type of sign.

 

It is proposed under the Policy that Static Illumination of advertising signs would only be permitted where the applicant is able to demonstrate to the satisfaction of the City that there will be unacceptable impact on surrounding residential properties.

 

Animation is proposed to be defined within the Policy as follows:

Animation means the movement or the appearance of movement through the use of patterns of lights, changes in colour or light intensity, computerized special effects, video displays, or through any other method.

 

In the earlier draft version of the Policy, consideration of which was deferred by Council at its meeting on 12 August 2020, it was proposed that Advertising Signs that incorporate Animation would not be permissible for any commercial purposes and would only be permitted for not-for-profit organisations, schools and/or other authorities when used to display community messages.

 

Following further consideration, it was recognised that Advertising Signs which propose to incorporate Animation may be appropriate in ‘Local Activity Centres.’ The Policy proposes to define a ‘Local Activity Centre’ as follows:

Local Activity Centre means lot(s) which are zoned Local Centre under the Scheme and are identified within Table 3 : Activity Centre Framework of the Local Planning Strategy (LPS) as a ‘Local Centre’.

 

Currently, the following locations would meet the above definition and are already developed:

1.         Lot 1 (170) Bussell Highway (West Busselton);

2.         Lot 114 (328) Marine Terrace, Geographe (Bayside Shops);

3.         Lots 65 (545) & Lots 1 – 14 (1/539 – 9/539) Bussell Highway (Broadwater);

4.         Lots 34 (235) & Lot 58 (231) Bussell Highway (Bower Road);

5.         Lot 24 (20) Monaghans Way Abbey (Monaghan’s Corner); and

6.         Lots 1 – 5 (2) Eagle Bay-Meelup Road, Eagle Bay and Lot 1 -4 (1) Ella Gladstone Drive, Eagle Bay (Eagle Bay).

 

In addition to the above, the following locations would meet the above definition however are yet to be developed include the following:

1.         Lot 1 (1/28) Clydebank Avenue, West Busselton (Clydebank); and

2.         Lot 1001 (7) Switchback Parade, West Busselton (Old Broadwater Farm); and

3.         Lots 1 – 23 (19) and Lot 584 (5) Spinnakers Boulevard and Lot 585 (2) Port Lane Lot 9501 Port Lane (Port Geographe) (note: pending changes to the planning framework will result in this land being rezoned for residential development only).

The LPS identifies a number of additional Local Centres, being Blum Boulevard, Airport North, Ambergate North West, Dunsborough Lakes, Yallingup and Smiths Beach, however these Local Centres would not meet the definition proposed under the Policy as they are currently not zoned Local Centre under the Scheme. It is noted that when, and if, these Local Centres are rezoned they would meet the definition of a Local Activity Centre (as defined by the Policy) and therefore the provisions relating to Animation would also apply in these locations.

 

In addition, there are a number of lots which would fall outside the definition of a Local Activity Centre under the Policy but are zoned Local Centre under the Scheme. As per the proposed definition, Advertisements which incorporate Animation would not be supported in these locations.

 

Under the proposed Policy, one Advertising Sign which incorporates Animation would be permitted per Local Activity Centre (as defined by the Policy). It is proposed that where such signage is proposed other Freestanding Signage (i.e. Pylon signs) within that Local Activity Centre may need to be consolidated. It is considered that this will provide an incentive for lots with multiple tenancies to consolidate signage and therefore reduce clutter and improve the overall amenity of the sites.

 

The objectives of the Local Centre zone within the Scheme are as follows:

a.         To provide for development at a scale sufficient to serve the Centre’s catchment, but not detract from the commercial primacy of the Regional Centre and Centre zones.

b.         Providing for limited expansion of existing smaller centres to ensure access to services at a local level and building neighbourhood identity.

c.         To ensure that development provides for activation of the street and public spaces, high quality design and a variety of land uses.

 

By nature of the objectives of the zone, as well as their smaller size compared to lots zoned ‘Centre’ and ‘Regional Centre’, those locations that would be considered a Local Activity Centres under the Policy are generally occupied by smaller businesses. Signage which incorporates Animation is considered suitable within Local Activity Centres as these do not form part of larger commercial strips and the centres do substantially rely on passing vehicle traffic.

 


 

Concerns regarding third party advertising

The requirements under Clause 4.41 of the Scheme prevent the potential for widespread proliferation of third party billboard advertising within the City. It is considered that this type of advertising would significantly detract from the visual amenity of the District, in particular along Bussell Highway and the entrances into the Busselton City Centre and Dunsborough Town Centre, and would be inconsistent with the City’s Local Planning Strategy (‘LPS’), Leeuwin Naturaliste Sub-Regional Strategy (‘LNSRS’) and associated State Planning Policy 6.1: Leeuwin-Naturaliste Ridge (SPP6.1), inter alia. The strategic direction provided within the documents discourage commercialisation along travel route corridors and support the retention of the existing visual and environmental character and amenity of the District.

 

It is considered, under the current controls, the City has been relatively successfully in maintaining the natural and rural landscapes along these highly visible tourism routes providing a significant ‘point of difference’ relative to Perth and all other major regional centres in Western Australia. There are considered to be significant benefits that arise from that ‘point of difference.’

 

There are concerns that, if the City were to introduce provisions which allow for the use of Animation in advertising signs in locations other than those defined as Local Activity Centres within the Policy, it would undermine visual amenity and local character. There are also substantial practical difficulties with enforcing controls that relate to dynamic content in signs. Note that the City has been approached on several occasions, including recently, seeking support for LED or similar signage.

 

It is recommend that the Policy as set out in Attachment A be initiated for the purposes of public consultation.

 

Statutory Environment

The key statutory environment is set out in the Planning and Development Act 2005 and related subsidiary legislation, including the Scheme and the Regulations, especially Schedule 2 (Deemed Provisions) of the Regulations, which form part of the Scheme.

Division 2 — Local planning policies

3.         Local planning policies

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

2.         A local planning policy —

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

2.    may apply to the whole of the Scheme area or to part or parts of the Scheme area specified in the policy.

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

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

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

 

4.         Procedure for making local planning policy

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

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

1.    the subject and nature of the proposed policy; and

2.    the objectives of the proposed policy; and

3.    where the proposed policy may be inspected; and

4.    to whom, in what form and during what period submissions in relation to the proposed policy may be made;

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

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

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

8.         After the expiry of the period within which submissions may be made, the local government must —

1.         review the proposed policy in the light of any submissions made; and

2.         resolve to —

1.    proceed with the policy without modification; or

2.    proceed with the policy with modification; or

3.    not to proceed with the policy.

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

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

6.         The local government —

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

2.         may publish a copy of each of those local planning policies on the website of the local government


Relevant Plans and Policies

The policies affecting this proposal include:

·        Leeuwin-Naturaliste Sub-regional Strategy (LNSRS) and associated SPP6.1; and

·        Local Planning Scheme (LPS).

LNSRS and associated SPP 6.1

The LNSRS is an overarching planning document that guides the future planning and development of all the land within the local government areas of the Shire of Augusta-Margaret River and the City of Busselton. The LNSRS was released in May 2019 with the following vision for the Leeuwin-Naturaliste sub-region:

The Leeuwin-Naturaliste sub-region to continue to develop and be managed in a manner consistent with the character, amenity and value of the natural and built environments, and the efficient use and equitable distribution of resources.

 

SPP 6.1 includes a statement of intent to conserve the unique landscape values of the Leeuwin-Naturaliste Ridge, including those along travel route corridors. Both documents support the retention of the visual and environmental values along these routes and discourage commercialisation along travel route corridors. The City would consider that third party billboards along these routes would not be in keeping with the intention of LNSRS and SPP 6.1 and that controls regarding advertising signage, including restrictions on animated signage outside the Local Centre zone, proposed in the new Policy will reinforce intent of these documents. 

 

LPS

The purpose of the LPS is to:

1.         set out the long-term (25 years-plus) broad planning direction for the whole of the District of the City of Busselton;

2.         provide a strategic rationale for decisions related to the planning and development of the District;

3.         apply state and regional planning policies relevant to the strategy; and

4.         provide a strategic rationale for decisions related to the planning and development of the District. The LPS consists of five ‘planning themes’ with Theme 4 : Environment, landscape and heritage relating to the natural, rural and urban landscapes of the District.

 

Strategies j) of Theme 4 states as follows:

j)          Protect and enhance the visual character of the District by avoiding the further commercialisation of land-use and development visible from: i) key public vantage points (e.g. scenic lookouts, trails) within National Parks and conservation parks; and ii) regional roads, strategic local roads and travel route corridors (as defined in the Leeuwin-Naturaliste Ridge State Planning Policy); as well as providing, wherever possible and consistent with maintaining landscape and visual character values, screening landscaped buffers where development is being undertaken in locations visible from these sites, roads and travel routes.

 

It is considered that the controls regarding advertising signage, including restrictions on animated signage outside the Local Centre zone, is in keeping with the intent of the LPS.

 

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

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

It is proposed that consultation will be for a period of four weeks and will be undertaken as follows:

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

2.         A portal is to be created using the City’s Your Say platform for the online lodgment of submissions.

Risk Assessment

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

Options

As an alternative to the Officer Recommendation, the Council could:

1.         Choose not to initiate the Policy recommended to be initiated as part of this report; and/or

2.         Modify the Policy before initiation.

 

CONCLUSION

It is recommended that Council support the proposed initiation of the Policy as described in this report.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Implementation of the Officer Recommendation would involve public consultation of the initiated Policy as outlined in the consultation section of this report above. It is expected that this will commence within one month of the Council decision. A subsequent report will be presented to the Council following public consultation outlining the nature of any submissions received in relation to the Policy and any necessary modifications to the Policy (where applicable).

 

 

 

 

  


Council

51

9 September 2020

12.2

Attachment a

LPP ** : Advertisements and Advertising Signs - proposed

 







Council                                                                                      53                                                           9 September 2020

12.3           Policy and Legislation Committee - 25/8/2020 - AMENDMENT TO DELEGATION 'DA7 - 01 DEVELOPMENT CONTROL'

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Delegations

BUSINESS UNIT

Governance Services

REPORTING OFFICER

Governance Coordinator - Emma Heys

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

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

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   DA7-01 Development Control (Amended)

 

This item was considered by the Policy and Legislation Committee at its meeting on 25 August 2020, the recommendations from which have been included in this report.

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

That the Council adopts Delegation DA7 – 01 ‘Development Control’ (Attachment A), having been amended to include a definition of the term ‘Reconsideration’.

 

EXECUTIVE SUMMARY

Upon the review of Council delegation DA7 – 01 ‘Development Control’ (DA7 - 01), it has been identified a need to provide a definition of the term ‘Reconsideration’, to assist officers in providing information to applicants in relation to the reconsideration process for a development application.

 

BACKGROUND

The term ‘Reconsideration’ has been included in the Development Control Council delegation since its initial adoption (previously PDR1). A reconsideration process for a development application is intended to provide applicants a recourse to a decision, prior to a matter going before SAT.

 

Officers are seeking to include more clarity of the term ‘Reconsideration’ within DA7 – 01 in order to assist officers in providing improved information to applicants in relation to the reconsideration process for a development application.

OFFICER COMMENT

The term ‘Reconsideration’ is not a defined term under the Planning and Development Act 2005 or the Planning and Development (Local Planning Scheme) Regulations 2015. Officers are proposing to amend Condition 2 of DA7 – 01 to include the following:

"Reconsideration" is a not a defined term in the City of Busselton Local Planning Scheme No. 21 or the Planning and Development (Local Planning Scheme) Regulations 2015, however for the purposes of this delegation, the term relates to applications to: a) a request to amend or delete conditions of a development approval, where City officers are not supportive of that request and informal discussion with the applicant has not resolved the issue; and b) to new development applications which are substantially the same as an earlier application refused under delegation.


This condition relates to applications to amend an approval where reconsideration of conditions is being requested, and also to new applications which are substantially the same as an earlier application refused under delegation (where the request is made within 60 days of the original determination date).

Statutory Environment

Clause 82 of Schedule 2 the Planning and Development (Local Planning Schemes) Regulations 2015 (‘the deemed provisions’) sets out that the Council may delegate powers under the City’s town planning scheme to the CEO.

Relevant Plans and Policies

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

Financial Implications

There are no financial implications associated with the Officer Recommendation.

Stakeholder Consultation

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

Risk Assessment

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

Options

As an alternative to the proposed recommendation, the Council could choose not to amend delegation DA7 – 01 ‘Development Control’.

CONCLUSION

Officers have identified a need to provide clarity of the term ‘Reconsideration’ in delegation DA7 – 01 ‘Development Control’ to assist officers when dealing with requests from applicants of development applications.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The amended delegation DA7-01 ‘Development Control’ will be included within Council’s Delegation of Authority Register within one week of Council ’s endorsement.


Council

56

9 September 2020

12.3

Attachment a

DA7-01 Development Control (Amended)

 




Council                                                                                      59                                                           9 September 2020

12.4           Policy and Legislation Committee - 25/8/2020 - REVIEW OF COUNCIL POLICY: COMMUNITY ENGAGEMENT

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

6.2 Council engages broadly and proactively with the community.

SUBJECT INDEX

Governance

BUSINESS UNIT

Corporate Services

REPORTING OFFICER

Manager Governance and Corporate Services - Sarah Pierson

Public Relations Coordinator - Meredith Dixon

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

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

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Council policy: Community Engagement (Proposed)

Attachment b    Council policy: Community Engagement and Consultation (Current)

Attachment c    Council policy: Community Engagement (Proposed) inclusive of Committee amendments (tracked changes)

This item was considered by the Policy and Legislation Committee at its meeting on 25 August

2020, the recommendations from which have been included in this report.

OFFICER RECOMMENDATION

That the Council adopts the revised Council policy ‘Community Engagement’ at Attachment A to replace the existing Council policy ‘023: Community Engagement and Consultation’ at Attachment B.

Committee RECOMMENDATION

That the Council adopts the revised Council policy ‘Community Engagement’, inclusive of Committee amendments as per Attachment C, to replace the existing Council policy ‘023: Community Engagement and Consultation’ at Attachment B.

 

Reasons:              The Committee requested minor amendments to improve readability and provide                             clarity on the definition of Stakeholder and the engagement responsibilities of                                    Councillors.

 

EXECUTIVE SUMMARY

This report presents a revised Council policy: Community Engagement (Attachment A) (the Policy).  Officers recommend it replace the existing Council policy 023: Community Engagement and Consultation (Attachment B).

BACKGROUND

Council policy 023: Community Engagement and Consultation was implemented on 22 September 2010 (C1009/318) following a request from Council for a high level policy document detailing engagement principles, roles and responsibilities of Councillors and officers. A draft policy was advertised for community consultation in June / July 2010. No feedback was received and the policy was subsequently adopted. The policy was reviewed in August 2017 (C1708/186) as part of Council’s regular review of policies, with only minor changes made.

OFFICER COMMENT

The Policy has been transferred into the new Council policy template and reviewed by officers in accordance with the recommendations of the 2017 Governance Service Review (GSR). The Policy has been retitled ‘Community Engagement’ and terminology within the policy has been amended from engagement and consultation to just engagement. This change reflects the IAP2 (International Association for Public Participation) approach which is widely referenced across the Australian Local Government sector and is referenced in the Integrated Planning and Reporting Framework and Guidelines produced by the Department of Local Government, Sport and Cultural Industries (DLGSC). In the IAP2 model, the term ‘Engagement’ refers to a range of objectives one of which is consultation.

 

The Policy reflects the City’s strategic intent and approach to community engagement and provides guiding principles for ensuring that stakeholders are informed of matters that affect them, have the opportunity to make informed comment and are advised of the outcomes and how their feedback helped to inform the decision. The guiding principles are similar in intent to those contained in the current policy. 

 

The Policy also sets out when the City will undertake engagement and when it may not be appropriate to engage. As opposed to the current policy, which identifies more specific routine or established issues for engagement, the Policy is designed to provide broader guidance (e.g. informing future strategic and community planning as opposed to sports, recreation and cultural plans), and to be reflective of the increasing community expectations for engagement.

 

Operational details such as the mechanisms for engagement have been removed from the Policy, with a Community Engagement Framework to be developed, setting out in more detail how the City will engage with stakeholders. 

Statutory Environment

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

Relevant Plans and Policies

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

Financial Implications

There are no financial implications associated with the Officer Recommendation.

Stakeholder Consultation

No external stakeholder consultation was required in relation to this matter. Stakeholder engagement was identified as a priority in the 2020 Community Satisfaction Survey.

Risk Assessment

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

Options

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

CONCLUSION

The Policy has been transferred into the new Council policy template and reviewed by officers to ensure that the Policy objectives are clear and that it provides appropriate guidance for Councillors and employees in relation to community engagement.  

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

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


Council

61

9 September 2020

12.4

Attachment a

Council policy: Community Engagement (Proposed)

 



Council

64

9 September 2020

12.4

Attachment b

Council policy: Community Engagement and Consultation (Current)

 




Council

66

9 September 2020

12.4

Attachment c

Council policy: Community Engagement (Proposed) inclusive of Committee amendments (tracked changes)

 




Council                                                                                      68                                                           9 September 2020

13.             Planning and Development Services Report

Nil


14.             Engineering and Work Services Report

Nil


Council                                                                                      73                                                           9 September 2020

15.             Community and Commercial Services Report

15.1           COMMUNITY SPORT AND RECREATION FACILITIES FUND - ANNUAL AND FORWARD PLANNING 2021/22 ROUND

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

CSRFF ANNUAL 2021/22 ROUND

BUSINESS UNIT

Community and Commercial Services

REPORTING OFFICER

Senior Sport and Recreation Project Officer - Brendan McNally

AUTHORISING OFFICER

Director, Community and Commercial Services - Naomi Searle

NATURE OF DECISION

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

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Attachment A - Dunsborough Lakes Sports Precinct  

 

OFFICER RECOMMENDATION

That the Council endorses:

1.         The priority rankings and ratings of the applications to the Department of Local Government, Sport and Cultural Industries’ Community Sport and Recreation Facilities Fund, as ranking 1 of 1, project rating A : City of Busselton, Dunsborough Lakes Sports Precinct, playing fields and multi-purpose courts.

2.         An application to the Department of Local Government, Sport and Cultural Industries’ Community Sport and Recreation Facilities Fund, Annual/Forward Planning 2021/22 Round, for up to a $1.175M contribution towards the Dunsborough Lakes Sports Precinct, playing fields and multi-purpose courts.

 

EXECUTIVE SUMMARY

Each year, local government authorities are required to rate and prioritise the Community Sport and Recreation Facilities Fund (CSRFF) submissions received within their municipality.

 

The CSRFF 2021/22 annual and forward planning grant round applications must be submitted by local government authorities to the Department of Local Government, Sport and Cultural Industries (DLGSC) by 11 September 2020. The purpose of this report is to meet the CSRFF criteria, by outlining the submissions received for projects within the City and request that Council rates and ranks the applications prior to forwarding to DLGSC for final consideration.

 

With only one application for this CSRFF round, it is recommended that the City of Busselton application, Dunsborough Lakes Sports Precinct - playing fields and multi-purpose courts, is ranked 1 of 1 with a project rating of A.

 

BACKGROUND

The CSRFF program is administered by DLGSC and provides financial assistance, one third of the total estimated project cost, to well-planned sport and recreation facility projects that will maintain or increase physical activity or result in a more rational use of facilities.

 

Eligible projects that have a total project value between $300,001 and $500,000 are suitable for the 2021/22 annual round and projects with a total project value exceeding $500,000 are suitable for the forward planning round.

 

To assist with the evaluation of submissions to ensure projects are viable and appropriate, DLGSC has developed an assessment criteria. Accordingly, each submission is to be assessed against those criteria and local government authorities are required to rate and prioritise local submissions using the following guide:

RATE

DESCRIPTION

A

Well planned and needed by the municipality

B

Well planned and needed by the applicant

C

Needed by the municipality, more planning required

D

Needed by the applicant, more planning required

E

Idea has merit, more preliminary work needed

F

Not recommended

 

Applications for the current funding round must be assessed and submitted to the South West Office of DLGSC no later than 11 September 2020.

 

During September to December 2020 the applications, along with others received throughout the State, will be evaluated and ranked by relevant State Sporting Associations and the CSRFF Assessment Panel. Successful applications are announced following this assessment with funding expected to be available around January 2021.

 

There is one application for this round of funding being the City of Busselton application for the Dunsborough Lakes Sports Precinct (DLSP), playing fields and multi-purpose courts.

OFFICER COMMENT

Owned in freehold by the City of Busselton, Lot 40 Dunsborough Lakes Drive (formerly Lot 10 Commonage Road) is zoned as special use and identified as open space for sport and recreation purposes for the Dunsborough sub-district. The site is strategically positioned, alongside the City managed land for public recreation (Lot 8025 Diamante Boulevard), with a view to value add to the Department of Education WA land and future primary school site (Attachment A).

 

The Sport and Recreation Facilities Strategy 2020-2030 (SRFS) identifies that developing this site, into DLSP, is a key priority for the City of Busselton and directly aligns with the SRFS guiding principle criteria. This project will ensure that current and future sporting needs of the Dunsborough sub-district are met by initially constructing four rectangle fields, two cricket fields, four multi-purpose outdoor courts, and, in future stages, a pavilion, change rooms, additional playing fields, additional outdoor courts, and the provision for a future indoor court facility.

 

The Dunsborough sub-district is currently serviced by one sports park, the Dunsborough Playing Fields, and since the upgrade of these fields in 2010-12 the participation in the Dunsborough sub-district for grass based sport and netball has, on average, increased by over 200% in the junior age groups.

 

The DLSP will not only construct dedicated playing fields for soccer/cricket and multi-use courts but will also benefit the sub-district by facilitating the reconfiguration of the existing Dunsborough Playing Fields, to an Aussie Rules focus, as well as providing future opportunities to focus on other summer based sports e.g. little athletics centre for the district.

 

Funding for this project has been budgeted in the 2020/21 and 2022/23 financial years, with the construction of playing fields scheduled for 2020/21 and outdoor multipurpose courts, sports lighting, carpark, and pavilion scheduled for construction in the 2022/23 financial year.

 

The CSRFF application is seeking the funds to bring forward the construction of outdoor multipurpose courts and sports lighting from the 2022/23 financial year and into this first stage of construction commencing in the 2020/21 financial year.

Assessment Summary

As part of the CSRFF process, local governments are required to undertake an internal assessment of projects against CSRFF key principles of facility provision.

 

The following is a summary of the CSRFF criteria assessed for Dunsborough Lakes Sports Precinct - playing fields and multi-purpose courts:

Assessment criteria

Satisfactory

Unsatisfactory

Not relevant

Project justification

ü

 

 

Planned approach

ü

 

 

Community input

ü

 

 

Management planning

ü

 

 

Access and opportunity

ü

 

 

Design

ü

 

 

Financial viability

ü

 

 

Co-ordination

ü

 

 

Potential to increase Physical activity

ü

 

 

Sustainability

ü

 

 

 

Recommendation Summary

Ranking 1 of 1:                   Dunsborough Lakes Sports Precinct - playing fields and multi-purpose courts

Rating:                                  A: Well planned and needed by the municipality

CSRFF request:                  Up to $1,175,000 (ex GST)

Statutory Environment

The Officer Recommendation supports the general function of a local government under the Local Government Act 1995 to provide for the good government of persons in its district.

Relevant Plans and Policies

The Officer Recommendation aligns to the following adopted plans and policies:

·        City of Busselton Community Strategic Plan 2017 (review 2019).

·        Sport and Recreation Facilities Strategy 2020-2030 (SRFS) – provides a long term strategy to inform, guide and underpin the planning and provision of indoor and outdoor community sporting and recreation facilities to meet existing and future needs of the district.

·        Social Plan 2015-2025 - a key goal of this Plan is to “create needed, quality, sustainable recreation and leisure facilities and services for our community”.

Financial Implications

The City of Busselton has allocated $2,350,000 in the 2020/21 municipal budget to undertake construction of playing fields at the Dunsborough Lakes Sports Precinct, with the remaining infrastructure (carpark, courts, pavilion, and lighting) planned to be delivered in 2022/23, with a budget of $2,750,000.

 

The CSRFF application is seeking the funds to enable the construction of the sports lighting and outdoor multipurpose courts to be included in this initial stage of construction. If successful there is an opportunity to reduce the scope of works and budget in 2022/23 financial year.

The proposed funding breakdown is as follows:

Contribution towards project

Amount (ex GST)

City of Busselton 2020/21 FY

$2,350,000

CSRFF

$1,175,000

Total project cost

$3,525,000

Stakeholder Consultation

Extensive targeted engagement was undertaken as part of the SRFS, with views and data extracted from 501 individual survey responses, 79 local sporting club/association meetings and 168 submissions on the draft SRFS.

 

This engagement identified that:

·        there is a lack of available sport space to participate;

·        additional grass sport space should be one of the City’s main priorities;

·        facilities are ageing and do not meet sport (and safety) guidelines; and

·        there are limited facilities that meet current standards for unisex facilities.

 

This project aligns with the outcomes of this targeted engagement.

 

Consultation has taken place with DLGSC staff at the South West office in regards to this project.

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 following risks have been identified:

The CSRFF is a competitive process and with $12M of funding allocated state wide for similar projects, over 4 different CSRFF grant streams, the City of Busselton is effectively competing with the other 137 LGAs for this funding. There is a risk that the application is not successful or the application is successful but the full amount requested is not received.

Given the financial modelling undertaken as part of the SRSF the construction of playing fields would proceed however the inclusion of additional infrastructure in this stage would have to be scaled back and worst case be included in the 2022/23 financial year.

Risk Category

Risk Consequence

Likelihood of Consequence

Risk Level

Financial

Minor

Possible

Low

Operational

Minor

Possible

Low

Options

Council could decide not to support a submission to the CSRFF 2021/22 annual and forward planning grant round and/or request the ranking and priority of the application be amended.

CONCLUSION

The application for the CSRFF 2021/22 annual and forward planning grant round shows sound reasoning and justification. It is recommended that an application is submitted and is assessed and ranked as follows: Ranking 1 of 1, Project Rating A: City of Busselton, Dunsborough Lakes Sports Precinct, playing fields and multi-purpose courts.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

On endorsement, officers will finalise the grant applications and provide the full contents of the applications to the DLGSC South West office before the closing time on 11 September.


Council

76

9 September 2020

15.1

Attachment a

Attachment A - Dunsborough Lakes Sports Precinct

 




Council                                                                                      83                                                           9 September 2020

15.2           MARKETING AND EVENTS REFERENCE GROUP OUTCOMES

STRATEGIC GOAL

4. ECONOMY Diverse, resilient, prosperous

STRATEGIC OBJECTIVE

4.3 Events and unique tourism experiences that attract visitors and investment.

SUBJECT INDEX

 

BUSINESS UNIT

Commercial Services

REPORTING OFFICER

Events Coordinator - Peta Tuck

AUTHORISING OFFICER

Director, Community and Commercial Services - Naomi Searle

NATURE OF DECISION

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

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Nil

 

OFFICER RECOMMENDATION

That the Council:

1.    Endorses the following events funding strategy to be funded from the adopted 2020/21 marketing and events budgets:

Events Sponsorship Allocations

$ value

Funding pool Event Sponsorship Program

$410,514

CBD activation events

$15,000

Marketing and Economic Development initiatives

$80,000

City led events

$20,000

COVID-19 recovery events

$20,000

2. As part of the 2020/21 Events Sponsorship Program endorses funding allocations towards the following events, to be funded from the adopted 2020/21 Events budget:

Event

Funding Allocation

Margaret River Region Open Studios

$7,000

Yallingup Malibu Classic

$3,000

X Adventure Dunsborough

$9,000

Eagle Bay Epic Adventure Race

$5,000

Jazz by the Bay

$40,000

Busselton Fringe Festival

$20,000

Trans Cape SwimRun

$3,000

Busselton Jetty Swim

$35,000

Busselton Pride

$4,000

Busselton Festival of Triathlon (Ironman 70.3)

$55,000

Forest Rally

$12,500

Busselton Half Marathon & Fun Run

$2,500

Taj’s Small Fries

$8,000

Busselton Winter Jumping Festival

$2,500

XCO Vid Cup Dunsborough

$2,500

Ironman LOC – Volunteer Program

*Up to $17,500

(based on required numbers)

 

Ironman LOC – FOC Rooms

 

*Up to $9,625

(based on required numbers)

Busselton Australia Day ceremony

$3,000

Carols by the Jetty

$3,000

Festival of Vasse

$4,000

Festival of Busselton

**Up to $20,000

(if includes a New Years Eve event)

Totals

$266,125

3.    Endorses the allocation of up to $12k towards the update of the City’s Events Strategy, to be funded from the adopted 2020/21 marketing budget;

4.    Endorses the carryover of $38k  towards the 2021 CinefestOZ event, to be funded from the adopted 2020/21 events budget; and

5.    Endorses the waiver of ground hire and event related fees up to the value of $13.5k and a cash contribution of $15k for the 2020 Good Day Sunshine Festival, to be funded from the adopted 2020/21 events budget.

EXECUTIVE SUMMARY

A meeting of the Marketing and Events Reference Group (MERG) was held on Monday 24 August 2020. This report presents the recommendations from this meeting.

 

BACKGROUND

At the Ordinary Meeting of Council held 13 April 2011, Council resolved (C1104/114) to endorse the implementation of a differential rating system whereby properties rated industrial and commercial across the City would directly contribute toward the City’s continued support of tourism, marketing and event activities.  The City also established a key stakeholder reference group, known as the ‘Marketing and Events Reference Group’ (MERG), to make recommendations to Council with respect to the marketing and events budget allocations.

At its meeting of 22 June 2011, Council resolved (C1106/201) to introduce a 3% Differential Rate on industrial and ccommercial rated properties which has increased over time to 10%. The proceeds from the differential rate are allocated towards the funding of events and marketing.

The 2020/21 adopted budget for marketing and events totals $1,076,414. This excludes budget allocations for Leavers Week, administration, and events staffing.

A MERG meeting was held on Monday 24 August 2020, with the following key matters discussed;

·    update on events held since the last meeting on 12 February 2020 and upcoming major events;

·    round one of the 2020/21 Event Sponsorship Program and associated funding applications for consideration

·    Review of the City’s Event Strategy

·    Funding strategy of marketing and events budget

OFFICER COMMENT

Supporting the development and attraction of new events throughout the year, the City’s Events Sponsorship Program promotes the City of Busselton as an attractive event tourism destination for a range of events.  At the MERG meeting held 24 August 2020 a range of requests for marketing and events funding were considered as outlined below.

Twenty-one (21) applications were received through Round 1 of the 2020/21 Events Sponsorship Program totalling $358,662. All applications were evaluated by Officers and presented at the MERG meeting on 24 August with the following recommendations made: 

Requests for Funding – 2020/21 Events Budget

Applications for funding through the 2020/21 Events Budget – Economic driver events

Event

Requested

MERG Recommendation

Margaret River Region Open Studios

$20,000

$7,000

Yallingup Malibu Classic

$4,000

$3,000

X Adventure Dunsborough

$10,000

$9,000

Eagle Bay Epic Adventure Race

$10,000

$5,000

Jazz by the Bay

$50,000

$40,000

Busselton Fringe Festival

$25,000

$20,000

Trans Cape SwimRun

$5,000

$3,000

Busselton Jetty Swim

$50,000

$35,000

Busselton Pride

$4,500

$4,000

Busselton Festival of Triathlon (Ironman 70.3)

$60,000

$55,000

Forest Rally

$17,500

$12,500

Busselton Half Marathon & Fun Run

$9,000

$2,500

Taj’s Small Fries

$10,000

$8,000

Busselton Winter Jumping Festival

$5,574

$2,500

XCO Vid Cup Dunsborough

$3,000

$2,500

Ironman LOC – Volunteer Program

$20,000

*Up to $17,500

(based on required numbers)

Ironman LOC – FOC Rooms

$10,588

*Up to $9,625

(based on required numbers)

Totals

$314,162

$236,125

 


Applications for funding through the 2020/21 Events Budget – Community events

Event

Requested

MERG  Recommendation

Australia Day Ceremony & Breakfast

$6,000

$3,000

Carols by the Jetty

$3,500

$3,000

Festival of Vasse

$15,000

$4,000

Festival of Busselton

$20,000

**Up to $20,000

(if includes a New Years Eve event)

Totals

$44,500

$30,000

Events Strategy Review

The City’s Events Strategy was first produced in 2012. It is now timely to update the document to reflect the progress made and to re-evaluate priorities, particularly in light of COVID-19. A great deal of work has already been undertaken to evaluate the City’s performance against the previous strategy, collate information and survey the community, however it is felt that additional assistance is required to undertake a review of how the events industry has been impacted by COVID19, undertake further community consultation, and  produce the finalised document. It is recommended that up to $12k be allocated from the adopted 2020/21 marketing budget to fund an external consultant to finalise the update of the Events Strategy.

Request for Funding and Fee Waiver – Good Day Sunshine Festival

The Good Day Sunshine Festival is scheduled to be held at 3 Oceans Winery on Saturday 31 October 2020. This event was originally scheduled for 21 March 2020, however was cancelled due to the COVID-19 pandemic. Due to the delays in Western Australia moving to Phase 5 restrictions, event organisers are seeking to move the event to the larger venue at Barnard Park. To allow for social distancing and to keep within current restrictions, organisers are proposing a ‘COVID-Safe Festival’ which will consist of the grounds split into four quadrants, each containing 1,250 patrons allowing sufficient space for patrons  to maintain the required social distancing. Each quadrant will have its own toilets, bar and food vendors so that interaction within the crowd is limited. Extra staff will be employed to monitor crowd behaviour and the hygiene of the venue.

Due to these measures, there will be additional costs to stage the event. Event organisers have approached the City to request support in the form of fee waivers and a cash contribution of $60k.

MERG recommended to support the waiver of fees up to the value of $13.5k, and a cash contribution of up to $15k. Event organisers will still be required to pay a bond to safeguard against any damages to the venue.

CinefestOz

CinefestOz 2020 will be held from 25-30 August. The event organisers have released a revised program as a result of COVID-19 and events will predominantly be held in Busselton between Orana Cinemas and the Esplanade Hotel, with supporting events at other venues such as the Cheeky Monkey Bar in Vasse, Equinox and Eagle Bay Brewing. Community screenings will be held online, with the Industry program hosted at the Esplanade Hotel.

The current contracted funding for CinefestOZ is $120k per year under a multi-year agreement, expiring in 2021. Due to the revised program in 2020 the City will sponsor the event to the value of $80k. Officers recommend that the remaining $38k cash be rolled over into 2021, in addition to the contracted $120k, to be used to re-launch the festival and undertake additional marketing in the Eastern States to promote direct flights from Melbourne.

Funding Strategy

As part of the 2020/2021 budget preparation, Officers have undertaken a review of the approach previously taken to apportion unallocated funds in the marketing and events budgets and propose a revised strategy. This strategy includes allocating fixed funding amounts towards CBD and community based events, economic development focused initiatives and COVID19 recovery events, focusing on activating the City’s town centres through events and economic development initiatives that will attract residents and visitors into the town centres and support our local businesses and stimulate the local economy.  

Statutory Environment

The Officer Recommendation supports the general function of a local government under the Local Government Act 1995 to provide for the good government of persons in its district.

Relevant Plans and Policies

The Officer Recommendation aligns with the City’s Events Policy which provides event organisers with information on the event application and approval process and event sponsorship guidelines.

Financial Implications

The total amount raised through the Commercial and Industrial Differential Rate in the City’s adopted 2020/21 budget is $1,293,439. At the Special Meeting of Council held 27 July 2020 Council resolved (C2007/070) to include an allocation of $1,076,414 in the 2020/21 marketing and events budgets, with a proposed split as outlined in the table below. Funds currently committed from the 2020/21 Events Sponsorship Program through multi-year agreements totals $360,900. This leaves a balance of $425,514 in the 2020/21 events budget for allocations to Rounds 1 and 2 of the Events Sponsorship Program and any further event attraction.

Of the proposed $250,000 allocated to the marketing budget, $120,000 has been allocated to the Airport Marketing Reserve and $50,000 has been allocated to the Busselton Performing Arts and Convention Centre (BPACC), leaving a balance of $80,000 to be applied to marketing and economic development initiatives in the 2020/21 financial year.

The proposed allocation of the marketing and events budgets 2020/21 is as follows:

 

Events Sponsorships

$ value

Description

Previously allocated multi-year agreements

$360,900

Already allocated through existing multiyear agreements

Funding pool -  Event Sponsorship Program

$410,514

Rounds 1 and 2 and new event attraction

CBD activation events

$15,000

$5k per town centre (Busselton, Dunsborough, Vasse) to activate and encourage residents/visitors to buy and support local businesses.

 

$786,414

 


 

Marketing/Economic Development  Initiatives

 

 

Airport Marketing Reserve

$120,000

 

BPACC

$50,000

 

Marketing and economic development  initiatives

$80,000

Available funds to be used for marketing and economic development initiatives for 2020/2021

 

$250,000

 

City Events

 

 

City led events

$20,000

TBD - Summer sundowners, movie nights, other community events

COVID-19 recovery events

$20,000

$10k Busselton, $5k Dunsborough, $5k Vasse

 

$40,000

 

TOTAL

$1,076,414

 

Stakeholder Consultation

Consultation has been undertaken with MERG members with representatives comprising the Busselton and Dunsborough Yallingup Chambers of Commerce and Industry, Margaret River Busselton Tourism Association (MRBTA), Busselton Jetty Inc. and the City of Busselton.

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 officer recommendation does not introduce any risks identified as being of a high or medium level.

Options

Council may choose not to support the recommendations made by MERG and resolve not to endorse part or all of the recommendations.

CONCLUSION

MERG has been assigned by Council to make recommendations on the way in which funds raised through the industrial and commercial differential rate for the purposes of events and marketing are allocated.  This report contains the recommendations made at the 24 August 2020 MERG meeting, which if endorsed by Council, will result in the continuation of high quality events being held within the region, supported by successful marketing promotions.  All recommendations support Council’s vision of being recognised as the ‘Events Capital WA.’

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Following Council’s decision, the outcomes will be communicated to MERG members and relevant event/marketing bodies for their information and implemented where required.


Council                                                                                      84                                                           9 September 2020

16.             Finance and Corporate Services Report

Nil


Council                                                                                      86                                                           9 September 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   Letter from West Australian Football Commission

Attachment b    Current SAT Reviews

Attachment c    City of Busselton Reconciliation Action Plan

Attachment d   Australian Coastal Councils Association Inc. Membership Update  

 

OFFICER RECOMMENDATION

 

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

17.1.1       Letter from West Australian Football Commission

17.1.2       State Administrative Tribunal Reviews

17.1.3       Reconcilitation Action Plan

17.1.4       Austrailan Coastal Councils Association Inc. Membership Update

 

 

 

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       Letter from West Australian Football Commission

 

A letter from the Chief Executive Officer of the West Australian Football Commission, acknowledging the importance of local governments in the provision of local facilities for football clubs, is at Attachment A.

 

17.1.2       State Administrative Tribunal Reviews 

 

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

17.1.3       Reconciliation Action Plan 

 

The City’s Reflect Reconciliation Action Plan (RAP) has been formally endorsed by Reconciliation Australia. There were some minor compliance amendments required which do not change the intent of the plan. A copy of the plan is attached.

 

17.1.4 West Australian Football Commissionnc. Membership Update

       Australian Coastal Councils Association Inc. Membership Update  

 

Correspondence regarding the current activities being undertaken by the Australian Coastal Councils Association Inc. has been received and is attached.

 

 


Council

87

9 September 2020

17.1

Attachment a

Letter from West Australian Football Commission

 


Council

90

9 September 2020

17.1

Attachment b

Current SAT Reviews

 

As at 21 August 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 on 7 August 2020 was vacated and listed for a directions hearing on 6 November 2020.

 

 

Directions Hearing 6 November 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 on 19 August 2020 where the matter was referred to a directions hearing on 4 September 2020.

 

 

Directions Hearing

4 September 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

●    Adjourned to a Directions Hearing on 28 August 2020, to provide the City time to determine the development application and consider the s 214 directions.

 

 

Directions hearing on 28 August 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.

●    Dog surrendered to City on 20 July 2020;

●    City officers working to have proceeding withdrawn;

●    Adjourned to a further directions hearing on 8 September 2020.

 

 

Directions Hearing on 8 September 2020

 

JOINT DEVELOPMENT ASSESSMENT PANEL

 

NIL

 

WESTERN AUSTRALIAN PLANNING COMMISSION

 

NIL

 

 


Council

96

9 September 2020

17.1

Attachment c

City of Busselton Reconciliation Action Plan

 

















Council

108

9 September 2020

17.1

Attachment d

Australian Coastal Councils Association Inc. Membership Update

 


 


Council                                                                                      109                                                         9 September 2020

18.             Motions of which Previous Notice has been Given

Nil

 

19.             urgent business

 

20.             Confidential Matters

Nil 

 

21.             Closure