COB-RGB

 

 

 

 

Council Agenda

 

 

 

27 January 2021

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 27 January 2021

 

 

 

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, 27 January 2021, 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

 

15 January 2021


CITY OF BUSSELTON

Agenda FOR THE Council MEETING TO BE HELD ON 27 January 2021

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening, ACKNOWLEDGEMENT OF COUNTRY, and Announcement of Visitors. 2

2....... Attendance. 2

3....... Prayer. 2

4....... Application for Leave of Absence. 2

5....... Disclosure Of Interests. 2

6....... Announcements Without Discussion.. 2

7....... Question Time For Public. 2

8....... Confirmation and Receipt Of Minutes. 2

Previous Council Meetings. 2

8.1          Minutes of the Council Meeting held 9 December 2020. 2

Committee Meetings. 2

8.2          Minutes of the Policy and Legislation Committee Meeting held 9 December 2020. 2

9....... RECEIVING OF Petitions, Presentations AND DEPUTATIONS. 2

10..... QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION). 2

11..... Items brought forward for the convenience of those in the public gallery. 2

12..... Reports of Committee. 2

12.1        Policy and Legislation Committee - 9/12/2020 - RESCISSION OF COUNCIL POLICY: ENGINEERING TECHNICAL STANDARDS AND SPECIFICATIONS. 2

12.2        Policy and Legislation Committee - 9/12/2020 - ANNUAL STATUTORY REVIEW OF DELEGATED AUTHORITIES. 2

12.3        Policy and Legislation Committee - 9/12/2020 - 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. 2

13..... Planning and Development Services Report. 2

13.1        APPLICATION FOR DEVELOPMENT APPROVAL (DA 17/0866) - PROPOSED INDUSTRY - EXTRACTIVE (GRAVEL) - LOT 2 NUTTMAN ROAD AND LOT 3 CHAPMAN HILL EAST ROAD, CHAPMAN HILL. 2

14..... Engineering and Work Services Report. 2

15..... Community and Commercial Services Report. 2

16..... Finance and Corporate Services Report. 2

17..... Chief Executive Officers Report. 2

17.1        COUNCILLORS' INFORMATION BULLETIN.. 2

18..... Motions of which Previous Notice has been Given.. 2

19..... urgent business. 2

20..... Confidential Matters. 2

21..... Closure. 2

 


Council                                                                                      5                                                                  27 January 2021

1.               Declaration of Opening, ACKNOWLEDGEMENT OF COUNTRY 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 9 December 2020

Recommendation

That the Minutes of the Council Meeting held 9 December 2020 be confirmed as a true and correct record.

 

Committee Meetings

8.2             Minutes of the Policy and Legislation Committee Meeting held 9 December 2020

RECOMMENDATION

That the minutes of the Policy and Legislation Committee meeting held 9 December 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                                                                                      7                                                                  27 January 2021

12.             Reports of Committee

12.1           Policy and Legislation Committee - 9/12/2020 - 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 budgets, strategies, plans and policies (excluding local planning policies); funding, donations and sponsorships; reviewing committee recommendations

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Council Policy 179: Engineering Technical Standards and Specifications

 

This item was considered by the Policy and Legislation Committee at its meeting on 9/12/2020, the recommendations from which have been included in this report.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

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

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.


Council

12

27 January 2021

12.1

Attachment a

Council Policy 179: Engineering Technical Standards and Specifications

 




Council                                                                                      21                                                                27 January 2021

12.2           Policy and Legislation Committee - 9/12/2020 - 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 budgets, strategies, plans and policies (excluding local planning policies); funding, donations and sponsorships; reviewing committee recommendations

VOTING REQUIREMENT

Absolute Majority

ATTACHMENTS

Attachment a   Amended Delegated Authorities - Tracked Changes

 

This item was considered by the Policy and Legislation Committee at its meeting on 9/12/2020, the recommendations from which have been included in this report.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

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).

 


 

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.

DA10 – 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

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 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.


Council

68

27 January 2021

12.2

Attachment a

Amended Delegated Authorities - Tracked Changes

 















































Council                                                                                      69                                                                27 January 2021

12.3           Policy and Legislation Committee - 9/12/2020 - 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: adoption of “legislative documents” such as local laws, local planning schemes and 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)

 

This item was considered by the Policy and Legislation Committee at its meeting on 9/12/2020, 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 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.

 

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

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

3.         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;

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:

·        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.

 


Council

77

27 January 2021

12.3

Attachment a

LPP 1.3 - Private Jetties and Boat Lifting Structures

 




Council

80

27 January 2021

12.3

Attachment b

LPP 6.1 - Stormwater Management (with track changes)

 




Council

83

27 January 2021

12.3

Attachment c

LPP 6.1 - Stormwater Management (final - no track changes)

 




Council

89

27 January 2021

12.3

Attachment d

LPP XX Advertisements and Advertising Signs (with track changes)

 









Council

97

27 January 2021

12.3

Attachment e

LPP XX Advertisements and Advertising Signs (final - no track changes)

 








 


Council                                                                                      115                                                             27 January 2021

13.             Planning and Development Services Report

13.1           APPLICATION FOR DEVELOPMENT APPROVAL (DA 17/0866) - PROPOSED INDUSTRY - EXTRACTIVE (GRAVEL) - LOT 2 NUTTMAN ROAD AND LOT 3 CHAPMAN HILL EAST ROAD, CHAPMAN HILL

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Development / Planning Applications

BUSINESS UNIT

Development Services

REPORTING OFFICER

Statutory Planning Coordinator - Joanna Wilson

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

Regulatory: To determine an application/matter that directly affects a person’s right and interests e.g. development applications, applications for other permits/licences, and other decisions that may be reviewable by the State Administrative Tribunal

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Location Plan

Attachment b    Site and Development Plans

Attachment c    Application Material

Attachment d   Agency Responses

Attachment e    DWER Preliminary Assessment Report for Vegetation Removal

Attachment f    Response from Federal Department of Environment and Energy

Attachment g   Plan of Noise Sensitive Premises

Attachment h   Schedule of Submissions

Attachment i     Traffic Consultant Advice (initially related to an earlier application)  

 

OFFICER RECOMMENDATION

That the Council determines:

A.        That application DA17/0866 submitted for development of Industry – Extractive (Gravel) at Lot 2 Nuttman Road and Lot 3 Chapman Hill East Road is considered by the Council to be generally consistent with Local Planning Scheme No. 21 and the objectives and policies of the zone within which it is located.

 

B.         That Development Approval is issued for the proposal referred to in (A) above subject to the  following conditions –

 

General Conditions:

1.         The development hereby approved is permitted to operate for five years from the date of this Decision Notice or until 170,000 cubic metres volume of material has been extracted, whichever is sooner. The site shall be fully rehabilitated in accordance with an approved Rehabilitation Management Plan (as approved under condition 3.2) by the expiry date of this development approval.

 

2.         The owner must ensure that the development is undertaken in accordance with the approved plans and the details contained within the Site and Development Plans and Application Material (Attachment B and C), other than as modified by the conditions below.

 

Prior to Commencement of Any WORKS Conditions:

3.         The owner must ensure that no material is extracted from the site or any other works undertaken until the following plans/details have been submitted to, and approved by, the City: 

 

3.1       Details of a Tree Protection Plan providing for temporary demarcation barriers to be erected to 15m from the crown drip zone of adjacent trees to protect the tree and root system from accidental machinery damage.

 

3.2       A Rehabilitation Plan, to be prepared by a suitably qualified natural revegetation practitioner, incorporating like for like revegetation for the area cleared and to be revegetated with native species to provide habitat for black cockatoos and shall include details of the following:

a)        Description of the finished profile of the soils of the extraction area post extraction;

b)        Final ground contours, finished profile with embankments not to be steeper than 1 in 5;

c)         Proposed vegetation assemblage for the area post extraction, given the soil profile, topography and a description of the ecological values and functions that are expected to be returned to the revegetation offset site;

d)        Staging of revegetation process;

e)        Ripping and/or other treatments to the base of the pit;

f)         Spreading of stockpiled topsoil;

g)        Re-use of any stockpiled vegetation;

h)        Planting methodology, native species list (mix of trees, shrubs and ground covers), planting densities;

i)         Criteria for assessment of whether the revegetation has been satisfactorily completed; and

j)         Weed management plan.

 

3.4       A revised Water Management Plan, including additional details regarding stormwater retention measures to prevent the flow of stormwater into neighbouring properties.

 

3.3       Details of warning signage to be erected along the transport route. Signage shall include signs on both approaches to the pit along Nuttman Road 100m from the access.

 

3.4       Details validating the water supply available for dust suppression to implement the approved Dust Management Plan.

 

3.5       Details for the upgrading of the existing crossover to ensure that adequate sightlines are achieved.

 

3.6       Plans for the widening of Nuttman Road to:

a)        a minimum unsealed carriageway width of 7.0 metres from the crossover to the subject site north to the sealed section of Nuttman Road; and

 

b)        Widening of the sealed section of Nuttman Road to 6.2m with 0.80m gravel shoulders (7m formation).

 

(Such plans shall specify the width, alignment, gradient and type of construction proposed for the upgrades, including all relevant horizontal cross-sections and longitudinal-sections showing existing and proposed levels, together with details of vegetation, pinch points and culverts and where necessary how such culverts will be upgraded).

 

3.7       A 3D Digital Terrain Model indicating the following in Australian Height Datum:

a)        Existing ground levels;

b)        Maximum extraction depths; and

c)         Minimum final ground levels after rehabilitation.

 

3.8       The following bonds being provided to the City:

a)        A road maintenance bond of $20,000 (being an unconditional bank guarantee) to ensure that the surrounding road network is maintained to the satisfaction of the City for the term of the extractive industry. Those portions of public roads affected by the activities related to the approval shall be maintained to a standard acceptable to the City at the cost of the owner. The City may use the bond to maintain the affected public roads as it deems necessary.

b)        A dust bond of $6,000, which shall be held against satisfactory compliance with Condition 5.13 of this approval.

c)         A rehabilitation bond of $30,000, which shall be held against satisfactory compliance with Condition 3.2 of this approval.

d)        Further to conditions 3.8 (i)-(iii) (Bond conditions), the bonds are to be accompanied by an executed legal agreement with the City at the full cost of the owner. The legal agreement shall include:

i.          The ability for the City to be able to use the bond, or part of the bond as appropriate, and any costs to the City including administrative costs of completing or rectifying any outstanding works on site in accordance with  the conditions of this development approval and any further costs;

ii.         Written authorisation from the owner of the land that the City may enter the site at any time and permit the City to complete or rectify any outstanding work to the satisfaction of the City;

iii.       If at any time part of the bond is called upon, used or applied by the City in accordance with the legal agreement, the restoration of the bond to the full amount required by these conditions; and

iv.        The ability to lodge a caveat over the site to secure the City’s interest.

 

Prior to COMMENCEMENT OF EXTRACTION CONDITIONS:

4.          The owner must ensure that no material is extracted until information setting out that the plans and details required by Conditions 2 and 3 have been implemented, and how they have been implemented, has been provided to the satisfaction of the City, and the City has subsequently issued a ‘Permit to Commence’ confirming that extraction can commence.

 

 

Prior to COMMENCEMENT OF EXTRACTION, OTHER THAN EXTRACTION FOR UPGRADES TO NUTTMAN ROAD:

5.         Notwithstanding Condition 4 above, gravel can be extracted from and crushed on the site for the purpose of upgrading Nuttman Road and/or the crossover, in the following circumstances:

 

5.1       Where all plans, details and bonds required by Condition 3 have been provided to and approved by the City, and implemented to the satisfaction of the City; and

 

5.2       With the prior written approval of the City.

 

OnGoing Conditions:

6.         The owner must ensure that the plans, details and works undertaken to satisfy Conditions 1, 2, 3, 4 and 5 are subsequently implemented and maintained for the life of the development and, in addition, the following conditions must be complied with:

 

6.1       The development hereby approved shall be limited to: the excavation or movement of gravel from its natural state on the site; screening of material; crushing of gravel; transportation of gravel within or off the site; associated drainage works and access ways; and rehabilitation works.  At no time shall any blasting works be carried out.

 

6.2       Operating hours, including the transportation of materials, shall be restricted to the hours between: 7.00am and 6.00pm Mondays to Fridays; and 7.00am and 1.00pm Saturdays for rehabilitation works only; and at no time on Sundays or public holidays.

 

6.3       Trucks going to and from the development are not to operate on Monday to Friday between the hours of 7.30am and 8.40am and between 3.20pm and 4.20pm on any given school day on a school bus route, or between other times as agreed in writing between the applicant and the City.

 

6.4       The designated haulage route is to the Busselton Bypass, northwards along Nuttman Road to Walsall Road and then north along Chapman Hill Road. No other routes may be used, until trucks have reached the Busselton Bypass.

 

6.5       A maximum number of 50 truck movements (i.e. 25 trucks entering and 25 trucks exiting the site) shall be permitted on any operating day (i.e. Sundays and public holidays are not operating days). No truck movements are permitted on any other day.

 

6.6       Notwithstanding Conditions 6.4 and 6.5 above, should more than 50 truck movements per day and/or an alternative haulage route be proposed, a Traffic Management Plan is to be submitted to and approved in writing by the City; with the Plan being submitted to the City at least 7 working days prior to any haulage not consistent with Conditions 6.5 or 6.6 occurring.

 

Note: The City will only approve additional movements or alternate routes where it is determined that an acceptable Traffic Management Plan has been provided. The City will not approve additional truck movements and/or an alternative haulage route for more than 20 working days in any calendar year. Any additional days will require a Modification to Development Approval to be submitted to, and approved by, the City.

 

6.7       No more than 2 hectares shall be worked at any one time; this area shall then be rehabilitated in accordance with the approved details pursuant to Condition 2 concurrently with the extraction of the following 2 hectare area.

 

6.8       The lowest level of excavation shall always be a minimum of 300mm above the maximum water table level and no dewatering works are to be undertaken.

 

6.9       Further to condition 6.8 (level of extraction), the final land surface (after rehabilitation for pasture) should be 500mm above the maximum seasonal groundwater.

 

6.10    The approved Rehabilitation Management Plan shall be implemented and carried out in accordance with the approved details, including any notes placed thereon in red by the City.

 

6.11    The owner must submit to the City annually, within three months of every anniversary of the issue of the Permit to Commence certificate, a written report detailing the following to the satisfaction of the City:

a)        A survey conducted by a licensed surveyor certifying:

i.          The extent/size and location of the area which has been extracted;

ii.         The extent/size and location of the area which has been rehabilitated;

iii.       The extent/size and location of the area which is currently under operation; and

b)        Details as to which conditions of this development approval have been complied with and how the conditions have been complied with.

 

c)         No extraction operations, including stockpiling or transportation of extracted material, are to be undertaken on the site at any time when an annual written report is due and has not been submitted to the City.

 

6.12    No development (including any extraction) may be carried out at any time when any bond that is required to be in force and effect under Condition 3.8 is not in full force and effect.

 

EXECUTIVE SUMMARY

The City has received a development application for an ‘Industry – Extractive’ to extract, screen and crush 170,000m3 of gravel at Lot 2 Nuttman Road and Lot 3 Chapman Hill East Road, Chapman Hill. 

 

Due to the nature of the issues requiring consideration and the level of community interest, the application is being presented to Council for determination, rather than being determined by City officers acting under delegated authority. A significant period of time has elapsed since the application was subject of consultation (and re-consultation). The key reason that determination of the application was not appropriate until now is that further technical information was required to address issues that were raised through the consultation process.

 

Having considered the application, including submissions received in relation to the application, City officers consider that the application is consistent with the City of Busselton Local Planning Scheme No. 21 and the broader, relevant planning framework including Local Planning Policy No. 2.3 – Extractive Industries (LPP2.3).

 

It is therefore recommended that the application be approved, subject to appropriate conditions.

BACKGROUND

The Council is asked to consider an application for ‘Industry – Extractive’ to extract, screen and crush 170,000m3 of gravel at Lot 2 Nuttman Road and Lot 3 Chapman Hill East Road, Chapman Hill. The application was originally submitted in 2017 and, at that time, advertising was undertaken to adjoining properties. On receipt of agency/neighbour submissions, the application was ‘put on hold’ pending a conditional clearing permit being issued by the State Department of Water, Environment and Regulation (DWER); additional hydrology information and a noise impact assessment was also required.  

 

The application was re-advertised in October 2019 with the additional information, however confirmation has only just been received from DWER that the noise impact assessment is acceptable.

 

Key information regarding the application is set out below:

 

1.         Landowner/s: LCM Super Custodian No 1 Pty Ltd & Egerton-Warburton Custodian No 2 Pty Ltd. – Brian Baker

2.         Applicant: Leeuwin Civil

3.         Site area: 76.67ha

4.         General description of site:  Lot 2 Nuttman Road and Lot 3 Chapman Hill East Road are located towards the southern end of Nuttman Road, just north of the junction with Chapman Hill East Road.  Lot 2 has frontage to Nuttman Road while Lot 3 has frontage to Chapman Hill East Road. The application site is located within the rural zone and the surrounding lots are predominately farmed, however there are a number of smaller lots within the vicinity of the site.

 

Lot 3 is heavily vegetated whereas Lot 2 is predominately cleared with a clump of vegetation towards the middle of the lot. The proposed extraction area would be located on the boundary of the two lots and would result in the removal of some vegetation.

 

5.         Current development/use: The lots are currently used for grazing and there is an existing dwelling and outbuildings on Lot 2.

 

6.         Brief description of proposed development: The proposed development application is for the extraction of 170,000m3 of gravel over 9.73ha and would include screening and crushing of the gravel on site. The depth of the extraction would be up to 2m below the existing surface. 

 

The proposed extraction would result in the removal of vegetation. The applicant has obtained a conditional clearing permit from (DWER).

 

The proposed crossover has been amended after the close of the public advertising period, in order to address submissions. Access/egress to the site is now proposed in an area already cleared opposite the junction with Walters Road. The crossover and gravel section of Nuttman Road is required to be widened. The proposed haul route would be northwards along Nuttman Road and Chapman Hill Road until it reaches the Busselton Bypass.

 

7.         Applicable Zoning and Special Control Area designations: The site is located within the Rural Zone.

 

8.         Land-use permissibility: Industry – Extractive is an ‘A’ use in the Rural Zone, meaning that it is a use that may be permitted in the Zone at the reasonable discretion of the City, following a compulsory period of consultation and consideration of any submissions received. Under LPP2.3, the site is located within Policy Area 3, which is considered less constrained than other policy areas due to the primarily agricultural nature of the area.

 

The following attachments are provided:

1.         Attachment A – Location Plan

2.         Attachment B – Site and Development Plans

3.         Attachment C – Application Material

4.         Attachment D – Agency responses

5.         Attachment E – DWER Preliminary Assessment Report for Vegetation Removal

6.         Attachment F – Response from Federal Department of Environment and Energy

7.         Attachment G – Plan of Noise-Sensitive Premises

8.         Attachment H – Schedule of submissions

9.         Attachment I – Traffic consultant advice

OFFICER COMMENT

The main issues considered relevant for detailed discussion in this report are the potential impact on the black cockatoo habitat as a result of the loss of vegetation, proposed haul route and the impact on the surrounding properties from dust, noise and disturbance. Each of these issues is addressed below.

 

Removal of Black Cockatoo Habitat / Vegetation

The development application was originally submitted in 2017. At that time, officers advised the applicant that in light of the extraction resulting in the removal of vegetation and the impact from the vegetation removal on the Baudin and Carnaby’s Black Cockatoos, a clearing permit would be required to be obtained prior to the development application being determined. 

 

The applicant subsequently submitted a clearing permit application to DWER. DWER undertook a preliminary investigation and provided support for the clearing subject to a development application being issued, with the inclusion of a fauna management condition, a rehabilitation condition and a weed and dieback management condition. Of note, is that the rehabilitation condition would require an equivalent area that has been cleared to be rehabilitated with native species in order to minimise the impact on black cockatoo habitat. The applicant has also submitted a referral to the Federal Department of Environment and Energy (DEE) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The Department have advised that the proposed development is not a controlled action and does not require further assessment and approval under the EPBC Act before it can proceed. The letters from DWER and DEE are provided at Attachments E and F respectively.

 

As discussed above under Background, access was originally proposed to be adjacent to the northern boundary of Lot 2. Numerous submissions were received raising concerns that the proposed access would result in the removal of significant trees within the road reserve utilised by black cockatoos. As a result, the applicant has agreed to utilise an already cleared area opposite the junction with Walters Road, which has adequate sightlines and only minimal understorey vegetation would be required to be removed.

 


 

Haul Route

The proposed haul route would be northwards along Nuttman Road, Walsall Road and Chapman Hill Road until it reaches the Busselton Bypass. Many of the submissions have raised concerns that Nuttman Road is of insufficient width to accommodate the number of truck movements. The table below sets out key information about the haul route and the assessment of the application against the relevant planning framework (with the exception of the Chapman Hill Road section – which is a significant road - and the volume of traffic envisaged would not have any significant impact). Note that a maximum of up to 50 truck movements per day is proposed (but no truck movements on weekends or public holidays).

 

Section

Current standard

Current traffic volume

Proposed traffic volume (with development)

Key planning considerations

Recommendation

1.   Walsall Road

Approx. 6.2m seal

Weekday average 91.1 vpd

Total average 93.7 vpd

Weekday average – up to approx. 140 vpd

Road sufficient to cope with increased volume.

No road upgrade required.

2.  Nuttman Road (sealed section)

Approx. 4.2m (single lane) seal, widening to approx. 6.0m at bends, with approx. 1m shoulders

Weekday average 64.4 vpd vpd

Total average 65.8 vpd

Weekday average – up to approx. 115 vpd

Single lane seal not considered appropriate for significant truck movements, and development would result in volumes above 75 vpd threshold in LPP2.3. On basis of that and broader assessment, considered that upgrade to two lane seal appropriate.

Upgrade to two-lane (6.2m) seal, with constructed gravel shoulders.


 

3.   Nuttman Road (unsealed section)

Approx. 6.5m gravel formation (narrower at some points)

Weekday average 29.5 vpd vpd

Total average 32.0 vpd

Weekday average – up to approx. 80 vpd

Development would result in volumes above 75 vpd threshold in LPP2.3, but well below 150 vpd threshold in ARRB Guidelines. Once extraction has been completed, volume will also be well below what would be required to maintain a sealed road. On basis of that, considered that upgrade to 7.0m constructed gravel appropriate.

Upgrade to 7.0m gravel formation.

 

Further information regarding traffic impact assessment is set out below.

 

The City undertook traffic counts along Walsall and Nuttman Roads from 3 December 2020 to 22 December 2020. One traffic counter was installed along Walsall Rd and two along Nuttman Rd. The locations were as follows:

·        Counter 1: Walsall Road - 100m southeast of the intersection with Chapman Hill Rd;

·        Counter 2: Nuttman Road - 70m south of the intersection with Walsall Rd;

·        Counter 3: Nuttman Road - 2.1km south of the intersection with Walsall Rd.

 

Over the time in which the data was collected the following average vehicles per day (vpd) were recorded:

·        Counter 1: weekday average vpd 91.1, total average vpd 93.7;

·        Counter 2: weekday average vpd 64.4, total average vpd 65.8;

·        Counter 3: weekday average vpd 29.5, total average vpd 32.0.

 

The data that was collected also indicated that between 83.5% - 84.39% of the traffic was Class 1 vehicles as classified by the Austroad Vehicle Classification system; which includes vehicles up to 5.5m in length not towing anything (i.e. sedan, wagon, 4WD etc.). 3.4% - 12.0% were Class 2 vehicles including vehicles up to 5.5m towing a trailer, caravan or boat. The remainder of the vehicles, 11.5% - 13.1%, were larger vehicles and therefore of a higher class.

 


 

LPP2.3 states where extractive industry proposals on existing unsealed roads warrant sealing due to volumes exceeding 75 vpd as above, then the minimum upgrade shall be a seal of 6.2m”. Recent applications have considered the issue of upgrading to a sealed road and the City has previously sought advice from an independent traffic consultant. The traffic consultant advised that LPP2.3 should be given consideration for the requirements of road upgrades but, in part due to the age of the LPP, it does not reflect contemporary approaches, including Austroad Guidelines (see Attachment I for that advice).

 

The Austroad Guidelines detail standards for the design of sealed roads in Western Australia. As Austroad does not deal with unsealed roads, Main Roads advise that for guidance on the design of unsealed roads, reference is made to the ‘ARRB Unsealed Roads Manual: Guidelines to Good Practice’, 3rd edition March 2009-08-19 (ARRB Guidelines). Under the ARRB Guidelines, the carriageway requirements for roads with ‘very low volumes’ (less than 150vpd) is one lane with a carriageway width (including shoulders) of 5m–6m. This standard allows for vehicles to pass each other by riding half on the traffic land and half on the shoulders. ARRB Guidelines state that roads carrying ‘heavy or long vehicles towing multiple trailers’ (i.e. any vehicle greater in length or weight than an ‘as-of-right’ vehicle) should require additional road width in the order of 200mm per lane. It is considered that by requiring the carriageway width to be widened to 7m, adequate lane width is provided for two semi-trailers to pass. Taking into account the proposed maximum vehicle movements per day, it is considered that the likelihood of this occurring is relatively low, however, if this does occur it can be accommodated in the wider carriageway width.

 

There is not considered to be any planning basis on which to either refuse the application on traffic grounds, or require a more significant upgrade than what is recommended.

 

Impact on Neighbouring Properties / Winery

A number of concerns have been raised in relation to the potential impact of the proposal on the “residential amenity” of the area. The main emissions generated from an extractive operation that have the potential to have a detrimental impact upon the amenity of surrounding properties are noise and dust. In line with the requirements of the Environmental Protection Act 1986, it is necessary for individual operators to take all reasonable and practicable measures to prevent or minimise emissions from their premise.  It is generally expected that, through appropriate site layout and design as well the implementation of adequate management plans, emissions from an individual extractive operation can be prevented from causing an adverse impact beyond the boundaries of the particular site. Generally, impacts will decrease with increasing distance from the source of the emission and therefore buffer distances are applied.

 

Gravel extraction and crushing of the scale proposed requires a works approval from DWER, and is required to comply with the Environmental Protection Authority Guidance Statement No.3 (Guidance Statement). The Guidance Statement provides advice on generic separation distances between specific industries and sensitive land uses to avoid or minimise the potential for land use conflict.  The distances outlined in the EPA Guidance Statement are not intended to be absolute separation distances, rather they are a default distance for the purposes of:

·        identifying the need for specific separation distance or buffer definition studies; and

·        providing general guidance on separation distances in the absence of site specific technical studies.

 

Where a lesser setback is proposed than that identified within the Guidance Statement, it is not adequate justification for an application to not be supported, but rather that site-specific investigations are to be undertaken and reports demonstrating that the separation distance will meet the acceptable criteria are to be submitted. Furthermore, enforceable management techniques should be applied to ensure an appropriate outcome.

 

DWER have advised the City that the extraction of gravel is not to be assessed against the hard rock requirements of the EPA Guidance Statement, therefore in relation to separation distances, the EPA Guidance Statement provides the following generic buffer distances applicable to this application:

·        Gravel extraction (not including crushing): case by case; and

·        Crushing of gravel: no set standard applies as not considered to be hard rock and therefore the ‘crushing of building materials’ buffer is applied at 1km.

 

The City’s LPP2.3 states as follows in relation to setback distances:

Notwithstanding 6.2.1 and 6.2.2 above, the extraction of sand and limestone may be located less than 500m but generally no closer than 300m from a sensitive land use dependent upon the nature and scale of the operation and the content of a Dust and Noise Management Plan including consideration of the requirement for dust and noise measuring equipment to be installed within the site for the duration of the extraction process. However this will not apply to the extraction of basalt and other hard rock quarrying which requires greater setback distances (generally a minimum of 1000m) to a sensitive land use.

 

A works approval has now been submitted to DWER with accompanying documents including a noise management plan. The City has referred the noise assessment to DWER (Noise Branch) and they requested some minor changes which have been undertaken by the applicant.

 

There are a number of dwellings sited 500m from the proposed extraction. A plan of noise-sensitive premises is provided as Attachment G. LPP2.3 states “No extractive is to be located within 500m of a residence where the owner or resident of such objects”. The closest dwelling that has been noted on the plans (Lot 31) would be 350m from the proposed extraction site. Upon visiting Lot 31, it was noted that an outbuilding has been converted into habitable accommodation. The City has no records of a development application or building permit being issued for a dwelling at this site and no comments have been received from the occupier. Notwithstanding the absence of a valid approval for a dwelling, the noise assessment has included the outbuilding as a ‘Receiver’, and it concludes that full compliance is achieved for the proposed operations.

 

In regard to the remainder of dwellings surrounding the application site, the noise assessment considers the impact from the proposed use on all the surrounding properties. It concludes that the adjusted worst-case noise levels are below the day-time assigned noise levels for all the noise-sensitive premises. 

 

A number of submissions have been received in respect of the impact on Whicher Ridge Winery which is located on the eastern side of Chapman Hill East Road. There would be approximately 915m from the closest extraction cell to the closest winery building on the lot. LPP2.3 considers the impact on tourist attractions and states that when an extractive industry is approved within 1km of an attraction, additional conditions to reduce amenity impact from noise and dust may be imposed. DWER have confirmed that in accordance with the Noise Regulations, a winery is considered a commercial premises not a sensitive receptor. In light of the conclusions of the noise assessment, it is considered that there is sufficient separation to ensure that there will not be an unreasonable impact on the winery.

Statutory Environment

The key statutory environment is set out in the Scheme, the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations), Schedule 2 of which is the ‘deemed provisions’, which also functionally form part of the Scheme. The key aspects of the Scheme and Regulations relevant to consideration of the application are set out below.

 

Zoning

The site is zoned ‘Rural’. The objectives of the ‘Rural’ zone are as follows:

a.         To provide for the maintenance or enhancement of specific local rural character.

b.         To protect broadacre agricultural activities such as cropping and grazing and intensive uses such as viticulture and horticulture as primary uses, with other rural activities as secondary uses in circumstances where they demonstrate compatibility with the primary use.

c.         To maintain and enhance the environmental qualities of the landscape, vegetation, soils and waterways, to protect sensitive areas especially the natural valley and watercourse systems from damage.

d.         To provide for the operation and development of existing, future and potential rural land uses by limiting the introduction of sensitive land uses.

e.         To provide for a range of non-rural land uses where they have demonstrated benefit and are compatible with surrounding rural uses.

f.          To provide for development and expansion of the viticultural, winemaking and associated tourism activities and other industries related to agricultural activities, in addition to general rural pursuits, in a manner that does not cause adverse environmental impact.

g.         To provide for the extraction of basic raw materials, where appropriate.

 

The proposal is considered to satisfy the objectives of the zone.

 

Land-use and permissibility

The proposed land uses which is defined as follows:

“Industry – Extractive” means premises, other than premises used for mining operations, that are used for the extraction of basic raw materials including by means of ripping, blasting or dredging and may include facilities for any of the following purposes – 

(a)       the processing of raw materials including crushing, screening, washing, blending or grading,

(b)       activities associated with the extraction of basic raw materials including wastewater treatment, storage, rehabilitation, loading, transportation, maintenance and administration.

 

Industry - Extractive is identified as an ‘A’ or advertised use within the Rural zone.

 

Matters to be considered

Clause 67 of the deemed provisions within the Regulations sets out ‘matters to be considered’ by a local government in considering an application for development approval. The following matters are considered to be relevant to consideration of this application:

(a)       the aims and provisions of this Scheme and any other local planning scheme operating within the Scheme area;

(b)       the requirements of orderly and proper planning including any proposed local planning scheme or amendment to this Scheme that has been advertised under the Planning and Development (Local Planning Schemes) Regulations 2015 or any other proposed planning instrument that the local government is seriously considering adopting or approving;

(c)        any approved State planning policy;

(d)       any environmental protection policy approved under the Environmental Protection Act 1986 section 31(d); …

(g)       any local planning policy for the Scheme area; …

(m)     the compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development;

(n)       the amenity of the locality including the following —

             (i)    environmental impacts of the development;

             (ii)   the character of the locality;

             (iii) social impacts of the development;

(o)       the likely effect of the development on the natural environment or water resources and any means that are proposed to protect or to mitigate impacts on the natural environment or the water resource;            

(p)       whether adequate provision has been made for the landscaping of the land to which the application relates and whether any trees or other vegetation on the land should be preserved;

(q)       the suitability of the land for the development taking into account the possible risk of flooding, tidal inundation, subsidence, landslip, bush fire, soil erosion, land degradation or any other risk; …

(s)       the adequacy of —

(i)  the proposed means of access to and egress from the site; and

(ii) arrangements for the loading, unloading, manoeuvring and parking of vehicles;

(t)        the amount of traffic likely to be generated by the development, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety; …

(x)       the impact of the development on the community as a whole notwithstanding the impact of the development on particular individuals;

(y)       any submissions received on the application; …

(zb)     any other planning consideration the local government considers appropriate.

 

The proposal generally complies with the relevant provisions noted above.

 


 

Relevant Plans and Policies

Relevant plans and policies must be given due regard in assessing the application, but cannot and do not bind the local government in determining an application for development approval. Plans and policies considered in the assessment of the application are as follows:

 

Local Planning Policy 2.3 - Extractive Industries

LPP2.3 – Extractive Industries provides guidance regarding the extraction of basic raw materials. The application site is located within Policy Area 3. The elements of LPP5A that are considered particularly relevant to assessment of the application are as follows:

 

1.         4.2.2.3         Policy Areas 2 and 3:

Notwithstanding 6.2.1 and 6.2.2 above, the extraction of sand and limestone may be located less than 500m but generally no closer than 300m from a sensitive land use dependent upon the nature and scale of the operation and the content of a Dust and Noise Management Plan.

 

2.         4.2.2.5         Policy Areas 2 and 3:

Where an extractive industry is approved within 1km of a residence or tourist accommodation or attraction, additional conditions to reduce amenity impact from noise and dust may be imposed, including operating times.

 

3.         4.2.3             Environmental Impacts:

The potential impacts of an extractive industry will be assessed against the Scheme and the following criteria:

a)        If approvals or advice has been issued by Department of Environment and Conservation and if not the extent of remnant vegetation to be cleared, including road verges resulting from road widening and upgrading; and proximity to areas of declared rare or endangered flora and fauna (DRF) or threatened ecologic communities (TEC).

b)        Proximity to and significance of watercourses, drains, wetlands, and on-site and adjoining dams and need for surface drainage and groundwater management plans.

c)         Evidence of Dieback disease and the suitability of a Dieback Hygiene Management Plan. (The Dieback Working Group-Best Practice Guidelines should be referenced in the formulation of a dieback management plan, including the matters that should be addressed in the plan and the responsibilities for the operator to comply with best practice management techniques).

d)        Comments or recommendations from the Environmental Protection Authority, Department of Agriculture and Food WA, the Department of Water or any other relevant government agency.

e)        Proposed end use of site, particularly if intending to revert to agricultural land.

f)         The extent of bedrock, underlying clay soil strata and/or ground water levels to a depth of 0.5 m below the base of the excavation area.

g)        Any other ecological or environmental issues that may be relevant.

 

4.       4.2.4.3           Policy Area 3:

Extractive industry to be effectively screened from all major tourist routes where the impact warrants screening.


 

5.         4.2.5             Route Assessment and Transportation:

The potential impacts of an extractive industry will be assessed against the Scheme and the   following criteria:

a)        The outcomes of the Schedule 1 – Traffic Impact Assessment and Road Upgrading Guidelines.

b)        Any comments or recommendations from Main Roads WA.

c)         The impacts of haulage traffic noise, vibration and amenity loss on surrounding areas.

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

Clause 64 of the deemed provisions sets out circumstances in which an application for development approval must be advertised, and also sets out the means by which applications may be advertised. Given the scale of the proposed development, it was considered appropriate to advertise the development application.

 

The purpose of public consultation is to provide an opportunity for issues associated with a proposed development to be identified by those who potentially may be affected. A development application should not be approved or refused based on the number of submissions it receives, rather all applications must be determined on the merits of the particular proposal, including consideration of any relevant planning issues raised through consultation.

 

The application was open for submissions from 22 November 2017 to 20 December 2017 and re-advertised with the additional information from 2 October 2019 to 24 October 2019. The application was advertised in the following manner:

1.         Information regarding the application was posted on the City’s website;

2.         A portal was created using the City’s YourSay platform for the online lodgement of submissions;

3.         Letters were sent to all the land owners within 1km of the site; and

4.         A notice was placed in a local newspaper on 2 October 2019.

 

Submissions were received from a total of 14 people. A schedule of submissions is provided as Attachment F. The schedule identifies who submissions were received from and summarises the submissions. 

 

The submissions can generally be grouped as follows:

 

Objection

·        The proposed access would be onto a dangerous section of Nuttman Road;

·        Nuttman Road is not designed for heavy vehicles;

·        Noise, dust and visual amenity concerns;

·        Impact on winery and tourist attraction;

·        Removal of feeding and breeding habitat for Black Cockatoos on site and road reserve;

·        Revegetation unlikely to provide suitable replacement habitat for a long time.

Support

·    Extraction of gravel subject to a revised access and road upgrades.

Where issues are raised which are not able to be considered, as they do not relate to the relevant planning framework, the comment provided (note comments have been grouped given the number of submissions received) indicates that, but does not provide further commentary or discussion. That does not necessarily suggest that the issues are not genuine issues of concern to the submitter or more broadly, but they are unfortunately not issues that can or should be addressed in the assessment of the application.

In addition to the above, the application was referred to DWER, Department of Biodiversity, Conservation and Attractions and the Department of Mines, Industry Regulation and Safety. The agencies’ comments are provided as Attachment D.

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place. The key risk to the City is considered to be the potential reputational and environmental risk that may arise if the site is not managed in a manner consistent with the conditions of approval. Mitigation of that risk requires proactive and appropriately resourced compliance activity.

Options

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

1.         Refuse the proposal, setting out reasons for doing so; or

2.         Apply additional or different conditions.

CONCLUSION

Subject to the inclusion of relevant conditions, the proposal is considered appropriate to support and it is accordingly recommended for approval.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The applicant and those who made a submission will be advised of the Council decision within two weeks of the Council meeting.


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13.1

Attachment a

Location Plan

 


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13.1

Attachment b

Site and Development Plans

 



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13.1

Attachment c

Application Material

 





















































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13.1

Attachment d

Agency Responses

 



















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13.1

Attachment e

DWER Preliminary Assessment Report for Vegetation Removal

 













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13.1

Attachment f

Response from Federal Department of Environment and Energy

 




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13.1

Attachment g

Plan of Noise Sensitive Premises

 


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Attachment h

Schedule of Submissions

 











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Attachment i

Traffic Consultant Advice (initially related to an earlier application)

 








 


Council                                                                                      225                                                             27 January 2021

14.             Engineering and Work Services Report

Nil


 

15.             Community and Commercial Services Report

Nil


 

16.             Finance and Corporate Services Report

Nil


Council                                                                                      229                                                             27 January 2021

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 is simply for information purposes and noting

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   WALGA 2021 State Election Campaign Document

Attachment b    LVRMAG Meeting Notes and Action Sheet 18 November 2020

Attachment c    Regional Capitals Australia Board Meeting minutes 17 November 2020

Attachment d   Regional Capitals Australia AGM Minutes 17 November 2020  

 

OFFICER RECOMMENDATION

 

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

17.1.1      Current Active Tenders

17.1.2       Donations, Contributions and Subsidies Fund – November and December 2020

17.1.3      Correspondence from WALGA – 2021 State Election Campaign

17.1.4      Correspondence from WALGA – Letter of Congratulations

17.1.5      Lower Vasse River Management Advisory Group Meeting Notes

 

17.1.6      Regional Capitals Australia AMG and Board Meeting Minutes

 

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       Current Active Tenders 

 

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

 

EOI02/20 CONSTRUCTION OF BUSSELTON PERFORMING ARTS AND CONVENTION CENTRE

 

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

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

·    Seven submissions were received.

·    The CEO under delegation has shortlisted all seven respondents as acceptable tenderers. 

·    The original timeframe for issuing the Request for Tender to the shortlisted tenderers was December 2020, but has since been revised to the first quarter of 2021.

 

RFT08/20 WEST BUSSELTON SEAWALL REFURBISHMENT

 

·    Requirement - refurbishment of approximately 460m of the existing rock seawall along Geographe Bay Road between Bower Street and Earnshaw Road.

·    A request for tender was advertised on 28 November 2020 and closed on 22 December 2020. 

·    Three tenders have been received and are currently being evaluated.

·    The value of the contract is likely to exceed the CEO’s current delegated authority.

·    It is anticipated that a report will be presented to Council for consideration at the 24 February 2021 meeting. 

 

RFT09-20 CONSTRUCTION SUPERINTENDENT

 

·    Requirement – construction superintendent services for the construction phase of the Busselton Performing Arts and Convention Centre.

·    A request for tender was advertised on 9 December 2020 and closed on 12 January 2021.

·    11 tenders have been received and are currently being evaluated. 

·    The value of the contract is expected to fall within the CEO’s delegated power for accepting tenders (DA 1 – 07 Inviting, Rejecting and Accepting Tenders).


 

17.1.2       Donations, Contributions and Subsidies Fund – November and December 2020

 

The Council allocates an annual budget allowance to the donations, Contributions and Subsidies Fund. This is provided such that eligible groups and individuals can apply for and receive sponsorship to assist them in the pursuit of endeavours that bring direct benefit to the broader community. Allocation of the funds is delegated to the Chief Executive Officer, in accordance with the published guidelines and funding availability.

 

Eight applications were approved in November, totalling $4,453.79, and two applications were approved in December, totalling $1,300.00, as outlined in the tables below:

 

November 2020

Recipient

Purpose

Amount

Radiance Network South West

Waiver of Undalup Room Hire fee requested to assist with covering the cost of hosting a Symposium for Perinatal and Infant Mental Health on 20 February 2021.

$909.09

Our Lady of the Cape Primary School 

Contribution towards year 6 graduation book awards.

$100.00

Geographe Education Support Centre

Contribution towards end of year graduation awards for primary and secondary school.

$300.00

St Mary MacKillop College

Contribution towards end of year graduation awards for primary and secondary school.

$300.00

Combined Churches of Busselton Community Solution Group

Each year the Combined Churches of Busselton Community Solution Group puts together and distributes Christmas hampers to local, less fortunate community members.
Funds requested to assist with purchasing suitable items for the Christmas hampers. 

$800.00

Southwest Indonesian Community Inc.

Seeking funds to assist with of stage and PA system hire for the free community event 'Southwest Christmas' being held at the Churchill Park Hall on 28 November 2020.

$600.00

Busselton Football & Sportsman's Club

Funding requested for catering equipment required for the provision of food in the Leavers Zone 2020. Unlike previous years, the new organisers of the Zone did not provide catering equipment for providers and given this unexpected change, the club did not have an opportunity to budget for this additional expense. The food tent is an important component of the Zone and provides opportunity for the club to raise funds at the same time.

$944.70

Port Geographe Land Owners Association

Sponsorship of Dry lot Christmas lights competition at Port Geographe.

$500.00

November Total

$4,453.79

 

December 2020

Recipient

Purpose

Amount

Georgiana Molloy Anglican School

Contribution towards end of year graduation awards for primary and secondary school.

$300.00

St Mary’s Community Care

Funds requested to assist with the cost of catering for the St Mary's community Centre Christmas Day lunch.

$1,000.00

December Total

$1,300.00

 

Correspondence in appreciation of the City’s contribution towards primary and secondary school end of year award presentations has been received from Georgiana Molloy Anglican School, Geographe Education Support Centre, Cornerstone Christian College and Vasse Primary School.

17.1.3    Correspondence from WALGA – 2021 State Election Campaign

 

Correspondence dated 6 January 2021 has been received regarding the March 2021 State Election advising that WALGA will be releasing its election policy agenda which invites candidates to join with local government and commit to the issues that matter most to local communities.

 

The campaign sets out nine initiatives to help support our communities; restore our economy and create jobs; protect our environment; and provide modern and appropriate legislative and policy environment for the sector.

 

A supporting document has been provided at Attachment A, which outlines the nine policy priorities.

17.1.4    Correspondence from WALGA – Letter of Congratulations

 

Correspondence dated 26 November 2020 was received from WALGA congratulating the City of Busselton for receiving Highly Commended status in the 2020 National Award for Local Government Excellence in recognition of Busselton’s innovative approaches to improved transport connections, upgrading of infrastructure and working to increase regional tourism.

17.1.5    Lower Vasse River Management Advisory Group Meeting Notes

 

A meeting of the Lower Vasse River Management Advisory Group (LVRMAG) was held on 18 November 2020. The meeting notes and action sheet are provided at Attachment B.

 

17.1.6    Regional Capitals Australia AMG and Board Meeting Minutes

 

A meeting of the Regional Capitals Australia Board and AGM was held on 17 November 2020. Meeting minutes are provided at Attachments C and D.   


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17.1

Attachment a

WALGA 2021 State Election Campaign Document

 



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17.1

Attachment b

LVRMAG Meeting Notes and Action Sheet 18 November 2020

 




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Attachment c

Regional Capitals Australia Board Meeting minutes 17 November 2020

 




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Attachment d

Regional Capitals Australia AGM Minutes 17 November 2020

 




 


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18.             Motions of which Previous Notice has been Given

Nil

 

19.             urgent business

 

20.             Confidential Matters

Nil 

 

21.             Closure