Minutes of Policy and Legislation Committee - Wednesday, 9 December 2020

Policy and Legislation Committee 5 9 December 2020

6.1 RESCISSION OF COUNCIL POLICY: ENGINEERING TECHNICAL STANDARDS AND SPECIFICATIONS

STRATEGIC GOAL	6. LEADERSHIP Visionary, collaborative, accountable
STRATEGIC OBJECTIVE	6.1 Governance systems, process and practices are responsible, ethical and transparent.
SUBJECT INDEX	Council Policies
BUSINESS UNIT	Governance Services
REPORTING OFFICER	Governance Coordinator - Emma Heys Development Control Coordinator - Ronald Wildschut
AUTHORISING OFFICER	Director, Engineering and Works Services - Oliver Darby
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 179: Engineering Technical Standards and Specifications ⇩

Committee RECOMMENDATION and Officer Recommendation

PL2012/373 Moved Councillor K Hick, seconded Councillor K Cox

That the Council rescinds Council Policy 179: Engineering Technical Standards and Specifications (Attachment A), effective immediately.

CARRIED 5/0

EXECUTIVE SUMMARY

This report recommends the rescission of Council policy 179: Engineering Technical Standards and Specifications (the Policy) (Attachment A), with the Policy having been reviewed as part of the City’s overall review of its Council policies. It is recommended the Policy be rescinded.

BACKGROUND

The Policy was initially development in July 2009 and provided direction that the City’s Engineering Technical Standards and Specifications (Standards) were to be maintained along with a short description of the 10 different sections contained within the Standards.

The Policy was reviewed again in June 2012 and December 2017 in accordance with the City’s ongoing Policy Review cycle. The Policy was updated to the newest policy format, with no change made to the intent of the Policy.

In response to the Governance Services Review carried out in 2017, the City has developed a policy framework to clearly establish the strategic nature and intent of Council policies, as opposed to operational documents. Since then, Council has been reviewing its Council policies to ensure that they align to the policy framework and that they provide strategic, and not operational, guidance.

OFFICER COMMENT

The Standards apply a range of standards and specifications to all civil works designed and carried out by consultants, contractors, developers and the City. Some standards are reflective of Australian Standards and standards set by agencies such as Main Roads WA, and others are requirements of the City.

The Policy, in its current form, serves as a list of contents of the Standards, and does not provide a strategic statement or strategic direction. The maintenance and application of the Standards to works undertaken by the City is an administrative matter, with the Standards being updated by officers as required.

The effective head of power for the decisions to which the Standards are applied is in the planning framework, rather than the local government legislation, and a policy made under the local government legislation cannot form part of the planning framework. The Standards do address some matters that are directly addressed in the planning framework, and would not be determinative if there was a dispute as to the standard that should apply in a particular case.

The planning framework itself does not provide direct or complete guidance, but there are a range of standards or documents that would be given weight, including the Standards, as well as Austroads, Liveable Neighbourhoods or various Australian Standards. Ultimately, the weight given to the Standards would be determined by the robustness of their rationale and the consistency of their application; adoption of the Standards by the Council (or otherwise), would not add to that weight.

Officers are therefore of the view that the rescission of the Policy would have no effect on the application of the Standards.

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’s policies. The Council does this on recommendation of a committee it has established in accordance with section 5.8 of the Act.

The Standards are applied as part of the process of clearing conditions of subdivisions approvals issued under the Planning and Development Act 2005.

Relevant Plans and Policies

The City has a policy framework which sets out the intent of Council policies. The recommendation to rescind the Policy is in line with that framework.

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 rescind the Policy and to request that the Policy be further reviewed to provide a statement of strategic intent.

CONCLUSION

The Policy in its current form provides a list of contents of the Standards and is not considered to provide strategic direction. The Standards are an administrative document, maintained under the direction of the CEO and applied either under the direction of the CEO or as a condition of development approvals issued by the Council or officers under delegation. Rescission of the Policy does not impact on the application of the Standards and is therefore recommended.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Policy will be rescinded and removed from the website within one week of Council’s endorsement.

Policy and Legislation Committee 10 9 December 2020

10.11am: At this time, Mr Darby and Mr Wildschut left the meeting.

6.2 ANNUAL STATUTORY REVIEW OF DELEGATED AUTHORITIES

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 Finance and Corporate Services - Tony Nottle
NATURE OF DECISION	Executive: substantial direction setting, including adopting strategies, plans and policies (excluding local planning policies), tenders, setting and amending budgets, funding, donations and sponsorships, reviewing committee recommendations
VOTING REQUIREMENT	Absolute Majority
ATTACHMENTS	Attachment a Amended Delegated Authorities - Tracked Changes ⇩

Committee recommendation and Officer Recommendation

PL2012/374 Moved Councillor G Henley, seconded Councillor K Hick

That the Council adopts the City of Busselton Delegations of Authority as contained in the table below, and shown in Attachment A.

DELEGATION	CHANGES
DA1 – 01 Issuing Notices	Expanded references and added ‘the power to’.
DA1 – 02 Entry in an Emergency	Amended title for clarity of delegation purpose and power. Expanded references and added ‘the power to’. Removed reference to section 3.31 of the Act as this can be dealt with through an Authorisation under section 9.10 of the Act, which now provides for the CEO, as the prescribed decision maker, to make appointments. Included new condition to provide parameters of use of delegation and included updated reference document.
DA1 – 03 Abandoned vehicle wreck	Amended title for clarity of delegation purpose and power. Expanded references and added ‘the power to’. Removed reference to section 3.39 of the Act as this can be dealt with through an Authorisation under section 9.10 of the Act, which provides for the CEO, as the prescribed decision maker, to make appointments. This reasoning also applies to section 3.40A(1), therefore only section 3.40A(4) ‘the local government may declare that a vehicle is an abandoned vehicle wreck’ has a decision making function and can be delegated to the CEO.
DA1 – 04 Confiscated or Uncollected Goods	Amended title for clarity of delegation purpose and power. Expanded references and added ‘the power to’.
DA1 – 05 Closure of Thoroughfares	Expanded references and added ‘the power to’. Removed reference to Regulation 6 of the Local Government (Functions and General) Regulations 1996, as this was a transitional provision about road closures and does not apply beyond 30 June 2002 (Regulation 6(2)). Amended function to include words ‘the power to’.
DA1 – 06 Meelup Regional Park Management Committee	Amended, see DA11 – 01.
DA1 – 07 Inviting, Rejecting and Accepting Tenders	Expanded references and added ‘the power to’. Reformatted detail from under Power/Duty Delegated to under Function for the consistency.
DA1 – 08 Expression of Interest for Goods and Services	Amended title for clarity of delegation purpose and power. Expanded references and added ‘the power to’.
DA1 – 09 Airport Redevelopment Project – Inviting, Rejecting and Accepting Tenders	Removed. Advice from Airport Redevelopment Business Unit that this delegation is no longer required and tenders relating to the BMRA can be dealt with under delegation DA1 - 07 or through the usual course of Council business.
DA1 – 10 Panels of Pre-Qualified Suppliers	Expanded references and added ‘the power to’.
DA1 – 11 Amendments to the Consolidated Parking Scheme	Change to date of Local Law.
DA1 – 12 Disposing of Property (Leases at the Busselton Margaret River Airport)	Simple tidy up of format and inclusion of section 3.18 of the Local Government Act 1995 to capture the performing of executive functions. Amended function to include words ‘the power to’.
DA1 – 13 Dispose of sick or injured animals	Amended title for clarity of delegation purpose and power. Expanded references and added ‘the power to’. Included new condition to provide parameters of use of delegation and included updated Council policy reference.
DA1 – 14 Power to Defer, Grant Discounts, Waive or Write-Off Debts	Expanded references and added ‘the power to’.
DA1 – 15 Rates and Service Charges	Updated and included all functions relevant to rates and services. Expanded references and added ‘the power to’.
DA1 – 16 Investment of Surplus Funds	Expanded references and added ‘the power to’.
DA1 – 17 Meeting with the Auditor	Amended – see DA11 – 02.
DA1 – 18 Appointment of Authorised Persons	Removed. Due to amendments made to section 9.10 of the Local Government Act 1995. The Building Act 2011 and the Building Regulations 2012, the Criminal Procedure Act 2004 and the Criminal Procedure Regulations 2005, and the Graffiti Act 2016 all still require a delegation to provide the power to the CEO to appoint authorised persons and these delegations have remained in place unchanged.
DA1 – 19 Urgent Legal Representation	Amendment to Council Policy and Council Resolution for power of delegation to CEO.
DA1 – 20 Administer Local Laws	Update year to Parking Local Law in anticipation of draft Parking Local Law 2020 being gazetted. Amended function to include words ‘the power to’.
DA1 – 21 Acquisition of Property	Removed s.3.55 as there is no decision making ability. Included s.3.18 with conditions regarding limits imposed. Amended function to include words ‘the power to’.
DA1 – 22A Disposition of Property: Other than by Lease	Expanded references and added ‘the power to’.
DA1 – 22B Disposition of Property: Leasing and Licensing of Land and Buildings	Expanded references and added ‘the power to’.
DA1 – 23 Payments from Municipal Fund or Trust Fund	Expanded references and added ‘the power to’.
DA1 – 24 Affixing of the Common Seal	Deleted subsection (2) from Power/Duty Delegated as referenced in Function. Amended function to include words ‘the power to’.
DA2 – 01 The Powers and Duties of the Local Government pursuant to the Building Act 2001	No changes
DA3 – 01 The Powers and Duties of the Local Government pursuant to the Bush Fires Act 1954	No changes
DA3 – 02 Appointment of Bush Fire Control Officers	No changes
DA3 – 03 To Institute a Prosecution, or to Issue an Infringement	No changes
DA3 – 04 Variation of Prohibited and Restricted Burning Times	No changes
DA4 – 01 The Powers and Duties of the Local Government pursuant to the Cat Act 2011	No changes
DA5 – 01 The Powers and Duties of the Local Government pursuant to the Dog Act 1976	No changes
DA6 – 01 The Powers and Duties of a Local Government pursuant to the Graffiti Vandalism Act 2016	No changes
DA7 – 01 Development Control	No changes
DA7 – 02 Unauthorised Development	Expanded references and added ‘the power to’.
DA8 – 01 Certificate of Approval pursuant to the Strata Titles Act 1985	No changes
DA9 – 01 Criminal Procedure Act 2004 – Authorised Persons	Combined DA9 - 02, which is an amendment to include Approved as well as Authorised persons under the Criminal Procedure Act 2004, for the Health (Asbestos) Regulations 1992
DA9 – 02 Criminal Procedure Act 2004 – Approved Persons	Deleted and combined with DA9 - 01.
DA 10 – 01 Public Health Act 2016 – Authorised Persons of	No changes
NEW DELEGATION	DETAILS
DA11 – 01 Meelup Regional Park Management Committee	Corrected the Power/Duty Delegated and Function of delegation to section 3.18 Performing Executive Functions of the Local Government Act 1995 to correctly reflect the power to be delegated to the Committee. Updated the Conditions of the delegation to correctly reflect the Committee Terms of Reference. Amended function to include words ‘the power to’.
DA11 – 02 Audit Committee	Corrected the ‘Delegated To’ from the Chief Executive Officer to the Audit Committee. Expanded subsections of the delegation function to improve alignment with specific delegated powers and the understanding of the powers and duties being delegated. Improved the Conditions of the delegation to include limitations of the Committee powers in relation to sections 7.12A(3) and 7.12A(4).

CARRIED 5/0

BY ABSOLUTE MAJORITY

EXECUTIVE SUMMARY

The Local Government Act 1995 (the Act) requires all delegations of authority to the CEO under the Act to be reviewed by the delegator at least once every financial year. Additionally, delegations made under the Cat Act 2011 and the Dog Act 1976 are required to be reviewed once every financial year. This review is to fulfil those requirements.

BACKGROUND

Delegations of authority are an integral part of the City’s governance functions. Delegations of authority are an effective and efficient means of carrying out the functions or discharging the duties of the local government, by allowing decisions of Council to be made by the Chief Executive Officer, who in turn can delegate to other staff were appropriate.

Section 5.46(2) of the Act requires all delegations by Council to the CEO to be reviewed at least once each financial year. A review has been completed of the City’s delegations. This report details the outcomes of that review and seeks Council’s endorsement of the continuing and amended delegations of authority.

OFFICER COMMENT

Through the review of the City’s delegations, opportunities to improve the level of information contained within the delegations have been identified. As part of the 2019 review officers streamlined the delegations register, which, at that time, had not been reviewed in terms of its presentation and functionality for a number of years. As a result of the review, officers developed a new template, renumbered the delegations and linked them through to relevant legislation.

Since that time, officers have formed the view that the delegations should be expanded to clearly identify the powers and duties that are being delegated, by reference to both relevant sections and subsections. This ensures transparency with respect to the powers that are being delegated within a section, where there is more than one, and assists with officer understanding, noting that the City’s register of sub-delegations flows from these head delegations.

It also assists with clarity in relation to any future amendments to the Act or associated regulations, as it clearly shows which powers the Council has chosen to delegate. Where only the higher lever section has been delegated, and in instances where a new delegable sub-section is introduced, it is not readily clear from a review of the register as to whether Council has delegated that new sub-section.

This view aligns with advice from WALGA who advise that each provision that can be delegated should be delegated separately, to ensure clarity in Council’s decision-making process. Accordingly the approach officers have taken is that where a section of the Act has only one delegable subsection, no subsections are listed under Function, just the head section. For example, section 3.50A of the Act has no subsections, and therefore no subsections are listed under Function:

s.3.50A The power to partially close a thoroughfare for repairs or maintenance.

Where a section of the Act has more than one subsection and several of those subsections can be delegated, each delegable subsection is listed and expanded upon. For example, section 3.26 of the Act includes subsections (1) through to (7), however only subsections (2) and (3) are delegable, so only these subsections are listed under Function:

s.3.26(2) The local government may do anything that is considers necessary to achieve, so far as is practicable, the purpose for which the notice was given.

s.3.26(3) The local government may recover the cost of any anything it does under subsection (2).

Where a section or subsection of the Act is clear and concise in its terminology, officers have verbatim included those sections when describing the function. Where a section or subsection of the Act is less clear and concise, officers have summarised the function, using in some instances the WALGA Delegations Register Template as a guide.

Each of the delegations below has been amended in accordance with this rationale. Additionally, the words ‘the power to’ have been added to the function, e.g ‘the power to affix the common seal’. These and additional amendments, where applicable, are detailed in the table below:

DELEGATION	CHANGES
DA1 – 01 Issuing Notices	Expanded references and added ‘the power to’.
DA1 – 02 Entry in an Emergency	Amended title for clarity of delegation purpose and power. Expanded references and added ‘the power to’. Removed reference to section 3.31 of the Act as this can be dealt with through an Authorisation under section 9.10 of the Act, which now provides for the CEO, as the prescribed decision maker, to make appointments. Included new condition to provide parameters of use of delegation and included updated reference document.
DA1 – 03 Abandoned vehicle wreck	Amended title for clarity of delegation purpose and power. Expanded references and added ‘the power to’. Removed reference to section 3.39 of the Act as this can be dealt with through an Authorisation under section 9.10 of the Act, which provides for the CEO, as the prescribed decision maker, to make appointments. This reasoning also applies to section 3.40A(1), therefore only section 3.40A(4) ‘the local government may declare that a vehicle is an abandoned vehicle wreck’ has a decision making function and can be delegated to the CEO.
DA1 – 04 Confiscated or Uncollected Goods	Amended title for clarity of delegation purpose and power. Expanded references and added ‘the power to’.
DA1 – 05 Closure of Thoroughfares	Expanded references and added ‘the power to’. Removed reference to Regulation 6 of the Local Government (Functions and General) Regulations 1996, as this was a Transitional provision about road closures and does not apply beyond 30 June 2002 (Regulation 6(2)). Amended function to include words ‘the power to’.
DA1 – 06 Meelup Regional Park Management Committee	Amended, see DA11 – 01.
DA1 – 07 Inviting, Rejecting and Accepting Tenders	Expanded references and added ‘the power to’. Reformatted detail from under Power/Duty Delegated to under Function for the consistency.
DA1 – 08 Expression of Interest for Goods and Services	Amended title for clarity of delegation purpose and power. Expanded references and added ‘the power to’.
DA1 – 09 Airport Redevelopment Project – Inviting, Rejecting and Accepting Tenders	Removed. Advice from Airport Redevelopment Business Unit that this delegation is no longer required and tenders relating to the BMRA can be dealt with under delegation DA1 - 07 or through the usual course of Council business.
DA1 – 10 Panels of Pre-Qualified Suppliers	Expanded references and added ‘the power to’.
DA1 – 11 Amendments to the Consolidated Parking Scheme	Change to date of Local Law.
DA1 – 12 Disposing of Property (Leases at the Busselton Margaret River Airport)	Simple tidy up of format and inclusion of section 3.18 of the Local Government Act 1995 to capture the performing of executive functions. Amended function to include words ‘the power to’.
DA1 – 13 Dispose of sick or injured animals	Amended title for clarity of delegation purpose and power. Expanded references and added ‘the power to’. Included new condition to provide parameters of use of delegation and included updated Council policy reference.
DA1 – 14 Power to Defer, Grant Discounts, Waive or Write-Off Debts	Expanded references and added ‘the power to’.
DA1 – 15 Rates and Service Charges	Updated and included all functions relevant to rates and services. Expanded references and added ‘the power to’.
DA1 – 16 Investment of Surplus Funds	Expanded references and added ‘the power to’.
DA1 – 17 Meeting with the Auditor	Amended – see DA11 – 02.
DA1 – 18 Appointment of Authorised Persons	Removed. Due to amendments made to section 9.10 of the Local Government Act 1995. The Building Act 2011 and the Building Regulations 2012, the Criminal Procedure Act 2004 and the Criminal Procedure Regulations 2005, and the Graffiti Act 2016 all still require a delegation to provide the power to the CEO to appoint authorised persons and these delegations have remained in place unchanged.
DA1 – 19 Urgent Legal Representation	Amendment to Council Policy and Council Resolution for power of delegation to CEO.
DA1 – 20 Administer Local Laws	Update year to Parking Local Law in anticipation of draft Parking Local Law 2020 being gazetted. Amended function to include words ‘the power to’.
DA1 – 21 Acquisition of Property	Removed s.3.55 as there is no decision making ability. Included s.3.18 with conditions regarding limits imposed. Amended function to include words ‘the power to’.
DA1 – 22A Disposition of Property: Other than by Lease	Expanded references and added ‘the power to’.
DA1 – 22B Disposition of Property: Leasing and Licensing of Land and Buildings	Expanded references and added ‘the power to’.
DA1 – 23 Payments from Municipal Fund or Trust Fund	Expanded references and added ‘the power to’.
DA1 – 24 Affixing of the Common Seal	Deleted subsection (2) from Power/Duty Delegated as referenced in Function. Amended function to include words ‘the power to’.
DA2 – 01 The Powers and Duties of the Local Government pursuant to the Building Act 2001	No changes
DA3 – 01 The Powers and Duties of the Local Government pursuant to the Bush Fires Act 1954	No changes
DA3 – 02 Appointment of Bush Fire Control Officers	No changes
DA3 – 03 To Institute a Prosecution, or to Issue an Infringement	No changes
DA3 – 04 Variation of Prohibited and Restricted Burning Times	No changes
DA4 – 01 The Powers and Duties of the Local Government pursuant to the Cat Act 2011	No changes
DA5 – 01 The Powers and Duties of the Local Government pursuant to the Dog Act 1976	No changes
DA6 – 01 The Powers and Duties of a Local Government pursuant to the Graffiti Vandalism Act 2016	No changes
DA7 – 01 Development Control	No changes
DA7 – 02 Unauthorised Development	Expanded references and added ‘the power to’.
DA8 – 01 Certificate of Approval pursuant to the Strata Titles Act 1985	No changes
DA9 – 01 Criminal Procedure Act 2004 – Authorised Persons	Combined DA9 - 02, which is an amendment to include Approved as well as Authorised persons under the Criminal Procedure Act 2004, for the Health (Asbestos) Regulations 1992.
DA9 – 02 Criminal Procedure Act 2004 – Approved Persons	Deleted and combined with DA9 – 01.
DA 10 – 01 Public Health Act 2016 – Authorised Persons of	No changes
NEW DELEGATION	DETAILS
DA11 – 01 Meelup Regional Park Management Committee	Corrected the Power/Duty Delegated and Function of delegation to section 3.18 Performing Executive Functions of the Local Government Act 1995 to correctly reflect the power to be delegated to the Committee. Updated the Conditions of the delegation to correctly reflect the Committee Terms of Reference. Amended function to include words ‘the power to’.
DA11 – 02 Audit Committee	Corrected the ‘Delegated To’ from the Chief Executive Officer to the Audit Committee. Expanded subsections of the delegation function to improve alignment with specific delegated powers and the understanding of the powers and duties being delegated. Improved the Conditions of the delegation to include limitations of the Committee powers in relation to sections 7.12A(3) and 7.12A(4).

Statutory Environment

Section 5.42 of the Act provides the Council with the ability to delegate powers and duties to its CEO. Some powers and duties cannot be delegated in accordance with Section 5.43 of the Act, such as matters that require an Absolute Majority decision of Council. Council has the right to impose conditions on any delegation it grants.

Section 5.16 of the Act provides the ability for powers and duties to be delegated to Committees.

Section 44 of the Cat Act 2011 provides the power for the CEO to delegate the exercise of its functions and discharge of its duties to the CEO.

Section 10AA of the Dog Act 1976 provides Council with the ability to delegate powers and duties to the CEO.

The Local Government Act 1995, the Cat Act 2011 and the Dog Act 1976 require the review of delegations at least once every financial year.

Section 5.46 of the Local Government Act 1995 requires that all delegations are contained within a Register. The Local Government (Administration) Regulations 1996 require that where a decision has been made under delegated authority, records of that decision must be kept in accordance with the Regulations.

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

Options

As an alternative to the proposed recommendation the Council may choose:

1. Not to accept any amendments to the delegations; or

2. To request further amendments are made to the delegations.

CONCLUSION

The statutory review of delegations has been completed and it is recommended that Council adopt the continuing and amended delegations as per the Recommendation.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Delegation of Authority Register will be amended immediately following adoption by Council.

Policy and Legislation Committee 66 9 December 2020

10.28am: At this time, Mrs Heys left the meeting.

10.28am: At this time, Mr Needham and Ms Navarro entered the meeting.

6.3 LOCAL PLANNING POLICY REVIEW - ADOPTION OF LOCAL PLANNING POLICIES FOLLOWING PUBLIC CONSULTATION - LPP 1.3: PRIVATE JETTIES AND BOAT LIFTING STUCTURES; AND LPP 6.1: STORMWATER MANAGEMENT; AND LPP XX: ADVERTISMENTS 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 1.3 - Private Jetties and Boat Lifting Structures ⇩ Attachment b LPP 6.1 - Stormwater Management (with track changes)⇩ Attachment c LPP 6.1 - Stormwater Management (final - no track changes)⇩ Attachment d LPP XX Advertisements and Advertising Signs (with track changes)⇩ Attachment e LPP XX Advertisements and Advertising Signs (final - no track changes)⇩

Committee recommendation and Officer Recommendation

PL2012/375 Moved Councillor G Henley, seconded Councillor L Miles

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 1.3 : Private Jetties and Boat Lifting Structures, as set out at Attachment A; and

(b) LPP 6.1 : Stormwater Management, as set out at Attachment C; and

(c) LPP XX : Advertisements and Advertising Signs, as set out at Attachment E.

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.

CARRIED 5/0

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’):

· LPP 1.3 : Private Jetties and Boat Lifting Structures, as set out at Attachment A; and

· LPP 6.1 : Stormwater Management, as set out at Attachment C; and

· LPP XX : Advertisements and Advertising Signs, as set out 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.

It is proposed as part of this report that Council adopts as final the following Policies:

· LPP 1.3 : Private Jetties and Boat Lifting Structures, as set out at Attachment A; and

· LPP 6.1 : Stormwater Management, as set out at Attachment C; and

· LPP XX : Advertisements and Advertising Signs, as set out at Attachment E.

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.

LPP 1.3 : Private Jetties and Boat Lifting Structures and LPP 6.1 : Stormwater Management were advertised from 2 September to 30 September 2020. LPP XX : Advertisements and Advertising Signs was advertised from 1 October 2020 to 29 October 2020.

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

OFFICER COMMENT

LPP 1.3 : Private Jetties and Boat Lifting Structures

This Policy is an amended version of the City’s current LPP 1.3 : Private Jetties and Boat Lifting Structures. The purpose of the amendments are as follows:

· Formatting changes to simplify and shorten the LPP;

· Modification to the LPP to allow for the consideration of mechanical boat lifting structures where it can be demonstrated that the structure will not detrimentally impact on the amenity of adjoining owners or the navigability, accessibility and usability of the canal.

During the public consultation period, no submissions were received. It is recommended that the Policy as set out in Attachment A be adopted as final.

LPP 6.1: Stormwater Management

This LPP is an amended version of the City’s current LPP 6.1 : Stormwater Management. The purpose of the amendments are as follows:

· Formatting changes to simplify and shorten the LPP;

· Remove reference to a revoked LPP 6.2 : Drainage Infill Contributions Provisions;

· No change to the volumetric requirements for on-site storm water management systems however clarification provided when a Drainage Property Connection is provided at subdivision stage.

During the public consultation period, no submissions were received. Some minor administrative changes are proposed to this version of the Policy in response to further officer review to provide additional clarity. A copy of the Policy with track changes included in red is provided at Attachment B.

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

LPP XX: Advertisements and Advertising Signs

This a new Policy that is proposed to introduce controls regarding permanent advertisements and advertising signs, as defined by the Policy. Currently, the only controls applicable to Advertising Signs are contained with clauses 4.36.4, 4.41 and Schedule 11 of the Scheme as outlined below:

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

· 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

· 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.

The purpose of this Policy is follows:

· Introduce provisions relating to the maximum number and dimensions for signs that are not otherwise exempted by Schedule 11 of the Scheme;

· Provide guidance regarding what the City considers to be generally acceptable when considering advertising signs that require development approval; and

· Set requirements for signage that incorporate illumination and animation.

During the public consultation period, one submission was received which queried the need for consolidation of existing signage in a Local Centre should a new animated sign be proposed. Given that a Policy provides guidance and is not an inflexible control, no changes to the Policy are considered necessary in response to this submission as any application will be considered on its individual merits. It is noted however than some minor administrative changes are proposed to this version of the Policy in response to further officer review to provide additional clarity.

It is recommended that the Policy as set out in Attachment E 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 —

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

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

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

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

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

4. Procedure for making local planning policy

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

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

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

(ii) the objectives of the proposed policy; and

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

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

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

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

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

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

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

(b) resolve to —

(i) proceed with the policy without modification; or

(ii) proceed with the policy with modification; or

(iii) not to proceed with the policy.

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

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

(6) The local government —

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

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

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;

(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:

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

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

· apply State and regional planning policies relevant to the strategy; and

· 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 the LPPs subject to this report have been adopted as final.

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.

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 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.

Policy and Legislation Committee 97 9 December 2020

10.33am: At this time, Mr Needham and Ms Navarro left the meeting.

10.33am: At this time, Mrs Heys re-entered the meeting.

6.4 PROPOSED COMMITTEE MEETING DATES 2021

STRATEGIC GOAL	6. LEADERSHIP Visionary, collaborative, accountable
STRATEGIC OBJECTIVE	6.1 Governance systems, process and practices are responsible, ethical and transparent.
SUBJECT INDEX	Committee Meetings
BUSINESS UNIT	Governance Services
REPORTING OFFICER	Governance Officer - Melissa Egan
AUTHORISING OFFICER	Director Finance and Corporate Services - Tony Nottle
NATURE OF DECISION	Executive: substantial direction setting, including adopting strategies, plans and policies (excluding local planning policies), tenders, setting and amending budgets, funding, donations and sponsorships, reviewing committee recommendations
VOTING REQUIREMENT	Simple Majority
ATTACHMENTS	Nil

Committee recommendation and Officer Recommendation

PL2012/376 Moved Councillor K Cox, seconded Councillor L Miles

That the Policy and Legislation Committee adopts the following Committee meeting dates for 2021:

· Wednesday 27 January 2021

· Wednesday 24 February 2021

· Wednesday 24 March 2021

· Wednesday 28 April 2021

· Wednesday 26 May 2021

· Wednesday 28 July 2021

· Tuesday 24 August 2021

· Wednesday 22 September 2021

· Wednesday 27 October 2021

· Wednesday 8 December 2021

CARRIED 5/0

EXECUTIVE SUMMARY

This report is presented to the Policy and Legislation Committee to enable the Committee to schedule and advertise its meeting dates for the 2021 calendar year.

BACKGROUND

The Council of the City of Busselton has established a standing committee known as the Policy and Legislation Committee pursuant to section 5.8 of the Local Government Act 1995 (the Act). The Policy and Legislation Committee is established for the purpose of assisting Council to fulfil its role under section 2.7(2)(b) of the Act, namely to determine the local government’s policies and its legislative function in accordance with Division 2 of Part 3 of the Act.

Under its terms of reference, the Policy and Legislation Committee must meet at least six times per year and report to Council in accordance with clause 2.10 of the City of Busselton Standing Orders 2018, that is, when and to the extent required by Council.

Following a Committee resolution made in October 2015, the Policy and Legislation Committee has been meeting on a monthly basis and the meeting schedule has been prepared accordingly. In October 2019, Councillors indicated a preference for the Committee meetings be held on the same day as Council Meetings or Briefings, being a Wednesday. On balance, this arrangement has worked well and it is recommended that it be continued for future Policy and Legislation Committee meetings.

OFFICER COMMENT

It is proposed that the Policy and Legislation Committee meetings be held on the fourth week of each month, so that the Finance Committee meetings may be held on the alternate fortnight.

To accommodate the Council mid-year recess, there will not be a Policy and Legislation Committee meeting scheduled for 23 June 2020. Due to statutory timelines applicable to the Finance Committee, the schedules will require a Finance Committee meeting to be held on 21 July 2021 and a Policy and Legislation Committee will be held on the following week of 28 July 2021.

Again, to accommodate statutory timelines in relation to financial reporting, a Policy and Legislation Committee will not be held in November, to allow a second Finance Committee meeting to be held on 24 November 2021. November’s Policy and Legislation Committee meeting will instead be held on 9 December 2021, and the reports from this meeting will be considered at Council’s first meeting in January 2022. If any policy or legislative matters arise in this period that require urgent consideration, the item may be placed directly on the Agenda of an Ordinary Council meeting.

Under regulation 12 of the Local Government (Administration) Regulations 1996, if a committee meeting is open to the public or proposed to be open to the public, the local government must give public notice of the dates, times and place at which the committee meetings are to be held in the next 12 months. Once adopted by the Policy and Legislation Committee, the meeting dates will be publicly advertised.

It is proposed that the Policy and Legislation Committee meetings for 2021 be held at 10.00am, in the Wonnerup Committee Room, at the City of Busselton Administration Building on the following dates:

· Wednesday 27 January 2021

· Wednesday 24 February 2021

· Wednesday 24 March 2021

· Wednesday 28 April 2021

· Wednesday 26 May 2021

· Wednesday 28 July 2021

· Tuesday 24 August 2021

· Wednesday 22 September 2021

· Wednesday 27 October 2021

· Wednesday 8 December 2021

Statutory Environment

The legislation relevant to this report is:

· Local Government Act 1995

· Local Government (Administration) Regulations 1996

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

Options

As an alternative to the proposed recommendation, the Policy and Legislation Committee could propose different dates or times for its meetings to be held.

CONCLUSION

Regulation 12 of the Local Government (Administration) Regulations 1996 requires the City to give notice of the dates of its committee meetings that are open, or proposed to be open, to the public. The proposed 2021 Policy and Legislation Committee meeting dates are presented to the Committee for adoption. Once adopted by the Policy and Legislation Committee, the 2021 meeting dates, and its times and location, will be publicly advertised.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The schedule of the Policy and Legislation Committee 2021 meetings will be advertised and published prior to the end of 2020.

Policy and Legislation Committee		7		9 December 2020
6.1	Attachment a		Council Policy 179: Engineering Technical Standards and Specifications

Policy and Legislation Committee		77		9 December 2020
6.3	Attachment b		LPP 6.1 - Stormwater Management (with track changes)

Policy and Legislation Committee		80		9 December 2020
6.3	Attachment c		LPP 6.1 - Stormwater Management (final - no track changes)

Policy and Legislation Committee		86		9 December 2020
6.3	Attachment d		LPP XX Advertisements and Advertising Signs (with track changes)

Policy and Legislation Committee		91		9 December 2020
6.3	Attachment e		LPP XX Advertisements and Advertising Signs (final - no track changes)