Please note:  These minutes are yet to be confirmed as a true record of proceedings

CITY OF BUSSELTON

MINUTES FOR THE Council MEETING HELD ON 27 January 2021

TABLE OF CONTENTS

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening aCKNOWLEDGEMENT OF COUNTRY / ACKNOWLEDGEMENT OF Visitors / DISCLAIMER / NOTICE OF RECORDING OF PROCEEDINGS. 3

2....... Attendance. 3

3....... Prayer. 4

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

5....... Disclosure Of Interests. 4

6....... Announcements Without Discussion.. 4

7....... Question Time For Public. 4

8....... Confirmation and Receipt Of Minutes. 6

Previous Council Meetings. 6

8.1          Minutes of the Council Meeting held 9 December 2020. 6

Committee Meetings. 6

8.2          Minutes of the Policy and Legislation Committee Meeting held 9 December 2020. 6

8.3          Minutes of the Finance Committee Meeting held 20 January 2021. 6

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

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

11..... Items brought forward.. 7

ADOPTION BY EXCEPTION RESOLUTION.. 7

12.1        Policy and Legislation Committee - 9/12/2020 - RESCISSION OF COUNCIL POLICY: ENGINEERING TECHNICAL STANDARDS AND SPECIFICATIONS. 8

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. 14

12.4        Finance Committee - 20/1/2021 - LIST OF PAYMENTS MADE - NOVEMBER 2020. 45

12.5        Finance Committee - 20/1/2021 - FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 30 NOVEMBER 2020. 59

17.1        COUNCILLORS' INFORMATION BULLETIN.. 91

ITEMS TO BE DEALT WITH BY SEPARATE RESOLUTION (WITHOUT DEBATE). 107

12.2        Policy and Legislation Committee - 9/12/2020 - ANNUAL STATUTORY REVIEW OF DELEGATED AUTHORITIES. 107

12.6        Finance Committee - 20/01/2021 - BUDGET AMENDMENT REQUEST / REVIEW - FINANCE & CORPORATE SERVICES - JANUARY 2021. 163

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. 218

18..... Motions of which Previous Notice has been Given.. 341

19..... urgent business. 341

20..... Confidential Reports. 341

21..... Closure. 341

 


Council                                                                                      4                                                                  27 January 2021

MINUTES

 

MINUTES OF A Meeting of the Busselton City Council HELD IN Council Chambers, Administration Building, Southern Drive, Busselton, ON 27 January 2021 AT 5.30pm.

 

1.               Declaration of Opening aCKNOWLEDGEMENT OF COUNTRY / ACKNOWLEDGEMENT OF Visitors / DISCLAIMER / NOTICE OF RECORDING OF PROCEEDINGS

The Presiding Member opened the meeting at 5.49pm.

The Presiding Member noted this meeting is held on the lands of the Wadandi people and acknowledged them as Traditional Owners, paying respect to their Elders, past and present, and Aboriginal Elders of other communities who may be present.

 

2.               Attendance

Presiding Member:

Members:

 

Cr Grant Henley     Mayor

Cr Kelly Hick             Deputy Mayor

Cr Sue Riccelli

Cr Ross Paine

Cr Kate Cox

Cr Paul Carter

Cr Phill Cronin

Cr Jo Barrett-Lennard

Cr Lyndon Miles

 

Officers:

 

Mr Mike Archer, Chief Executive Officer

Mr Daniell Abrahamse, Acting Director, Engineering and Works Services

Mr Paul Needham, Director, Planning and Development Services

Mr Dave Goodwin, Acting Director, Community and Commercial Services

Mr Tony Nottle, Director, Finance and Corporate Services

Ms Sarah Pierson, Manager, Governance and Corporate Services

Ms Melissa Egan, Governance Officer

 

Apologies:

 

Nil

 

Approved Leave of Absence:

 

Nil

 

Media:

 

“Busselton-Dunsborough Times”

 

Public:

 

6

3.               Prayer

The prayer was delivered by Pastor Nathan Seinemeier of the Cornerstone Church.

 

4.               Application for Leave of Absence 

Nil

 

5.               Disclosure Of Interests

Nil

 

6.               Announcements Without Discussion

Announcements by the Presiding Member

 

We commemorated Australia Day yesterday and it was a pleasure to welcome 40 new Australian citizens at our ceremonies in Busselton and Dunsborough, and also to acknowledge our Citizen of the Year Awards, who are well deserving recipients.

 

7.               Question Time For Public

Response to Previous Questions Taken on Notice

The following question was received by the Council at the 9 December 2020 Ordinary Council meeting, but was not considered a question by the Presiding Member. The question has now been re-worded so that it can be tabled at this meeting.

 

7.1             Ms Anne Ryan, Bay to Bay Action Group

 

Question

Could the City provide details on all payments made in the last financial year which have been cited as “various” and these are brought to the next available Council meeting so community members can assess the transparency of these payments and an assurance that this practice will cease for all future payments?

 

Response

The City is audited regularly by independent auditors (previous to the 2019/2020 financial year) and now the Office of the Auditor General. There have been no issues raised with these particular payments during this time and it would not be a good use of Council resources to undertake an unnecessary exercise. Staff have already provided an assurance that the description of “various” in the summarised report will be improved in future, although it should be noted that this terminology is widely used in local government and has been used since at least 2014 at the City of Busselton. All Councillors have been circulated your letter and its concerns and are aware of the matters raised. This of course includes Councillors who are on the Audit and Finance Committees.


 

Question Time for Public

7.2             Mr Vernon Bussell

 

Question

In relation to Item 13.1 of this Agenda, why was the Nuttman Road extraction application not put out for public submissions again following the quite major changes to the proposed haulage route?

 

Response

(Mr Paul Needham, Director Planning and Development Services)

There has been two rounds of consultation on this application and the changes are conditions that are recommended in response to issues raised during the consultation process. It would only be proper to consult again if there had been a fundamental change that was not in response to issues raised during consultation. We did advise yourself and other submitters that the item was on the Agenda so you were able to avail yourselves of the opportunity like you are now.

 

Question

When Council was assessing the need for a southern extension of the current bitumen seal on Nuttman Road to include the unsealed section of the extended transport corridor, was the expected maximum of 50 daily truck numbers added to the latest traffic count numbers before deciding that the total numbers were insufficient to require sealing of the entire unsealed section of the proposed corridor?

 

Response

(Mr Needham)

Yes, that was considered. Within the Officer Report, there is a table with a summary of the traffic counts, which adds in the proposed traffic counts and provides some commentary. The currently sealed section is slightly below the threshold where sealing could be required.

 

Question

Were the expected 50 truck movements per day added to the figure of 30 for the gravel section of the transport corridor?

 

Response

(Mayor)

Yes, on the top of page 108, it says the current weekday average between 29.5 and the weekday average up to about 80 which includes the proposed traffic volume with the development.

 

Question

So is 80 not sufficient to qualify a bitumen road for gravel extraction transport?

 

Response

(Mr Needham)

It would need to be over 150. The existing gravel formation is not acceptable, but an improved gravel formation would be.

 

Response

(Mayor)

There has been some confusion – which has also been pointed out in other recent extraction applications - in our Local Planning Policy 2.3 which sets a threshold lower than the Australian Road Reseach Board guidelines. Our Policy sets a threshold that is 50% of those guidelines for our roads.

8.               Confirmation and Receipt Of Minutes

Previous Council Meetings

 

8.1             Minutes of the Council Meeting held 9 December 2020

Council Decision

C2101/001              Moved Councillor P Carter, seconded Deputy Mayor K Hick

 

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

CARRIED 9/0

 

Committee Meetings

 

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

Council Decision

C2101/002              Moved Deputy Mayor K Hick, seconded Councillor R Paine

 

That the minutes of the Policy and Legislation Committee meeting held 9 December 2020 be noted.

CARRIED 9/0

 

8.3             Minutes of the Finance Committee Meeting held 20 January 2021

Council Decision

C2101/003              Moved Councillor P Cronin, seconded Councillor J Barrett-Lennard

 

That the Minutes of the Finance Committee Meeting held 20 January 2021 be noted.

CARRIED 9/0

 

9.               RECEIVING OF Petitions, Presentations AND DEPUTATIONS

Petitions

 

Nil

Presentations

 

Mrs Cathy Howard and Mr Neil Howard, of Whicher Ridge Winery, presented as a party with an interest in Item 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’. Mr and Mrs Howard were opposed to the recommendation.

 

Mr Vernon Bussell presented as a party with an interest in Item 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’. Mr Bussell was opposed to the recommendation.

 

At this juncture of the meeting, Cr Henley foreshadowed an alternative motion in relation to Item 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’ to defer it to the next Ordinary Council Meeting.

 

Deputations

 

Nil

 

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

Nil

 

11.             Items brought forward

ADOPTION BY EXCEPTION RESOLUTION

At this juncture, the Mayor advised the meeting that, with the exception of the items identified to be withdrawn for discussion, the remaining reports, including the Committee and Officer Recommendations, will be adopted en bloc, i.e. all together.

 

Council Decision

C2101/004              Moved Councillor J Barrett-Lennard, seconded Councillor P Cronin

 

That the Committee and Officer Recommendations in relation to the following agenda items be carried en bloc:

               

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

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

12.4        Finance Committee - 20/1/2021 - LIST OF PAYMENTS MADE - NOVEMBER 2020

12.5        Finance Committee - 20/1/2021 - FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 30 NOVEMBER 2020

17.1        COUNCILLORS' INFORMATION BULLETIN

CARRIED 9/0

En Bloc

 


Council                                                                                      8                                                                  27 January 2021

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.

 

Council Decision and Committee Recommendation and Officer Recommendation

C2101/005              Moved Councillor J Barrett-Lennard, seconded Councillor P Cronin

 

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

CARRIED 9/0

En Bloc

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

13

27 January 2021

12.1

Attachment a

Council Policy 179: Engineering Technical Standards and Specifications

 




Council                                                                                      14                                                                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.

 

Council Decision and Committee Recommendation and Officer Recommendation

C2101/006              Moved Councillor J Barrett-Lennard, seconded Councillor P Cronin

 

That the Council:

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

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

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

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

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

CARRIED 9/0

En Bloc

 


 

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

22

27 January 2021

12.3

Attachment a

LPP 1.3 - Private Jetties and Boat Lifting Structures

 




Council

25

27 January 2021

12.3

Attachment b

LPP 6.1 - Stormwater Management (with track changes)

 




Council

28

27 January 2021

12.3

Attachment c

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

 




Council

34

27 January 2021

12.3

Attachment d

LPP XX Advertisements and Advertising Signs (with track changes)

 









Council

42

27 January 2021

12.3

Attachment e

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

 









Council                                                                                      45                                                                27 January 2021

12.4           Finance Committee - 20/1/2021 - LIST OF PAYMENTS MADE - NOVEMBER 2020

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Financial Operations

BUSINESS UNIT

Financial Services

REPORTING OFFICER

Manager Financial Services - Paul Sheridan

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

Noting: The item is simply for information purposes and noting

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   List of Payments November 2020

 

This item was considered by the Finance Committee at its meeting on 20/1/2021, the recommendations from which have been included in this report.

 

Council Decision and Committee Recommendation and Officer Recommendation

C2101/007              Moved Councillor J Barrett-Lennard, seconded Councillor P Cronin

 

That the Council notes payment of voucher numbers M118375 – M118428, EF075128 – EF076010, T7534 – T7537, DD004320 – DD004348 together totalling $8,904,207.37.

CARRIED 9/0

En Bloc

 

EXECUTIVE SUMMARY

This report provides details of payments made from the City’s bank accounts for the month of November 2020, for noting by the Council and recording in the Council Minutes.

 

BACKGROUND

The Local Government (Financial Management) Regulations 1996 (the Regulations) requires that, when the Council has delegated authority to the Chief Executive Officer to make payments from the City’s bank accounts, a list of payments made is prepared each month for presentation to, and noting by, the Council.

OFFICER COMMENT

In accordance with regular custom, the list of payments made for the month of November 2020 is presented for information. 

Statutory Environment

Section 6.10 of the Local Government Act 1995 and more specifically Regulation 13 of the Regulations refer to the requirement for a listing of payments made each month to be presented to the Council.

Relevant Plans and Policies

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

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

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

Risk Assessment

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

Options

Not applicable.

CONCLUSION

The list of payments made for the month of November 2020 is presented for information.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Not applicable.


Council

58

27 January 2021

12.4

Attachment a

List of Payments November 2020

 













Council                                                                                      70                                                                27 January 2021

12.5           Finance Committee - 20/1/2021 - FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 30 NOVEMBER 2020

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Financial Services

BUSINESS UNIT

Financial Services

REPORTING OFFICER

Manager Financial Services - Paul Sheridan

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

Simple Majority

ATTACHMENTS

Attachment a   Investment Report November 2020

Attachment b    Financial Activity Statement November 2020

 

This item was considered by the Finance Committee at its meeting on 20/1/2021, the recommendations from which have been included in this report.

 

Council Decision and Committee Recommendation and Officer Recommendation

C2101/008              Moved Councillor J Barrett-Lennard, seconded Councillor P Cronin

 

That the Council receives the statutory financial activity statement reports for the period ending 30 November 2020, pursuant to Regulation 34(4) of the Local Government (Financial Management) Regulations.

CARRIED 9/0

En Bloc

 

EXECUTIVE SUMMARY

Pursuant to Section 6.4 of the Local Government Act 1995 (the Act) and Regulation 34(4) of the Local Government (Financial Management) Regulations 1996 (the Regulations), a local government is to prepare, on a monthly basis, a statement of financial activity that reports on the City’s financial performance in relation to its adopted / amended budget.

 

This report has been compiled to fulfil the statutory reporting requirements of the Act and associated Regulations, whilst also providing the Council with an overview of the City’s financial performance on a year to date basis for the period ending 30 November 2020.

 

BACKGROUND

The Regulations detail the form and manner in which financial activity statements are to be presented to the Council on a monthly basis, and are to include the following:

·        Annual budget estimates

·        Budget estimates to the end of the month in which the statement relates

·        Actual amounts of revenue and expenditure to the end of the month in which the statement relates

·        Material variances between budget estimates and actual revenue/expenditure (including an explanation of any material variances)

·        The net current assets at the end of the month to which the statement relates (including an explanation of the composition of the net current position)

 

Additionally, and pursuant to Regulation 34(5) of the Regulations, a local government is required to adopt a material variance reporting threshold in each financial year. At its meeting on 27 July 2020, the Council adopted (C2007/071) the following material variance reporting threshold for the 2020/21 financial year:

That pursuant to Regulation 34(5) of the Local Government (Financial Management) Regulations, the Council adopts a material variance reporting threshold with respect to financial activity statement reporting for the 2020/21 financial year as follows:

·        Variances equal to or greater than 10% of the year to date budget amount as detailed in the Income Statement by Nature and Type/Statement of Financial Activity report, however variances due to timing differences and/or seasonal adjustments are to be reported only if not to do so would present an incomplete picture of the financial performance for a particular period; and

·        Reporting of variances only applies for amounts greater than $25,000.

OFFICER COMMENT

In order to fulfil statutory reporting requirements and to provide the Council with a synopsis of the City’s overall financial performance on a year to date basis, the following financial reports are attached hereto:

Statement of Financial Activity

This report provides details of the City’s operating revenues and expenditures on a year to date basis, by nature and type (i.e. description). The report has been further extrapolated to include details of non-cash adjustments and capital revenues and expenditures, to identify the City’s net current position; which reconciles with that reflected in the associated Net Current Position report.

Net Current Position

This report provides details of the composition of the net current asset position on a full year basis, and reconciles with the net current position as per the Statement of Financial Activity.

Capital Acquisition Report

This report provides full year budget performance (by line item) in respect of the following capital expenditure activities: 

·        Land and Buildings

·        Plant and Equipment

·        Furniture and Equipment

·        Infrastructure

Reserve Movements Report

This report provides summary details of transfers to and from reserve funds, and associated interest earnings on reserve funds, on a full year basis.

 

Additional reports and/or charts are also provided as required to further supplement the information comprised within the statutory financial reports.

Comments on Financial Activity to 30 November 2020

The Statement of Financial Activity (FAS), for the year to date (YTD) as at 30 November 2020 shows an overall Net Current Position of $33.4M as opposed to the budget of $21.8M. This represents a positive variance of $11.7M YTD.  This variance increased by $2M in November.  

 

The following table summarises the major YTD variances that appear on the face of the FAS, which, in accordance with Council’s adopted material variance reporting threshold, collectively make up the above difference. Each numbered item in this lead table is explained further in the report.

 

Description

2020/21
Actual YTD

$

2020/21
Amended
Budget YTD

$

2020/21
Amended
Budget

$

2020/21
YTD Bud Variance

%

2020/21
YTD Bud Variance

$

Change in Variance Current Month

$

Revenue from Ordinary Activities

 

0.37%

243,011

388,993

1.    Operating Grants, Subsidies and Contributions

2,068,471

1,841,090

4,819,786

12.35%

227,381

107,105

 

 

 

 

 

 

 

Expenses from Ordinary Activities

 

10.04%

3,394,035

(24,349)

2.    Materials & Contracts

(5,722,049)

(7,572,326)

(18,710,746)

24.43%

1,850,276

108,688

3.    Utilities

(1,013,511)

(1,160,855)

(2,770,956)

12.69%

147,344

33,640

4.    Other Expenditure

(904,477)

(1,831,608)

(5,236,779)

50.62%

927,131

9,185

 

 

 

 

 

 

 

5.    Non-Operating Grants, Subsidies and Contributions

3,682,520

4,503,591

29,904,462

(18.23%)

(821,071)

195,329

 

 

 

 

 

 

 

Capital Revenue & (Expenditure)

 

24.53%

6,072,230

806,856

6.    Land & Buildings

(2,280,874)

(2,781,046)

(17,454,059)

17.99%

500,173

(227,618)

Plant & Equipment

(676,530)

(1,106,810)

(2,510,340)

38.88%

430,280

105,359

Infrastructure

(5,954,913)

(13,839,129)

(35,785,600)

56.97%

7,884,216

1,575,011

7.    Proceeds from Sale of Assets

121,925

399,500

581,500

(69.48%)

(277,575)

(138,000)

8.    Transfer to Restricted Assets

(2,598,783)

(22,920)

(62,750)

(11238.49%)

(2,575,863)

(693,958)

9.    Transfer from Restricted Assets

131,980

0

2,807,074

100.00%

131,980

72,968

 

 

 

Revenue from Ordinary Activities

In total, revenue from Ordinary Activities is $243K, or 0.37%, ahead of budget YTD. The only material variance item contributing to this is:

 

1.      Operating Grants, Subsidies and Contributions

Ahead of YTD budget by $227K, or 12.35%, mainly due to the items listed in the table below:

Revenue Code

Revenue Code Description

Actual YTD

$

Amended Budget YTD

$

Variance
YTD
$

Variance
YTD
%

Change in Variance Current Month

$

Finance and Corporate Services

870,668

921,274

(50,606)

(5.81%)

(26,350)

10200

Financial Services – Reimbursements

64,043

103,625

(39,582)

(61.81%)

(21,274)

The second instalment of the LGIS Contributions Assistance Package was due to be received in November, but instead a credit note received from LGIS was offset against scheme policies that were due for payment in early December, at their instruction.

Community and Commercial Services

185,592

149,179

36,413

19.62%

83,847

10530

Community Services Administration – State Government Grants

50,000

20,835

29,165

58.33%

(4,167)

The Rio Tinto COVID Relief & Recovery Grant was invoiced in total in August, however the budget was spread evenly over 12 months.

Planning and Development Services

886,521

818,257

31,852

3.59%

43,622

10925

Preventative Services – CLAG – State Government Grants

26,418

 -

26,418

100.00%

 -

The Department of Health contribution to the mosquito program was received a month earlier than budgeted.

Engineering and Works Services

1,197,803

919,816

241,575

20.17%

121,299

W0267

Road Safety Signage Infrastructure – Federal government Grants

50,000

 -

50,000

100.00%

 -

The $98K budget for year 1 of the $194K grant from the Road Safety Innovation Fund was amended to be received in January.  However, $50K relating to milestone 1 was received in November.

11301

Regional Waste Management Administration – Reimbursements

47,958

9,165

38,793

80.89%

46,125

The contributions to the 2020/21 Southwest Regional Waste Group Project were received from 10 participating local governments in November, totalling $48K. Only $22K was budgeted for the year, and this was spread over 12 months.

11501

Operations Services Works – Reimbursements

97,167

25,500

71,667

73.76%

10,803

Workers compensation claims totalling $97K have been received YTD.  This is by nature very difficult to predict. $61K was budgeted for the year, spread evenly over 12 months.

 

 

 

 

 

Expenses from Ordinary Activities

Expenditure from ordinary activities is $3.4M, or 10%, less than expected when compared to the budget YTD as at November. The following individual expense line items on the face of the financial statement have YTD variances that meet the material reporting thresholds:

 

2.      Materials and Contracts

Better than budget by $1.8M or 24.3%. The table below lists the main variance items that meet the reporting thresholds:

Cost Code

Cost Code Description

Actual YTD

$

Amended Budget YTD

$

Variance
YTD
$

Variance
YTD
%

Change in Variance Current Month

$

Finance and Corporate Services

829,630

941,496

111,866

11.9%

61,133

10000

Members of Council

63,326

32,897

(30,429)

(92.5%)

41

The variance is timing related and is in relation to Subscriptions and Memberships.  We have received and paid all of the membership fees due under this budget line item, where it was anticipated that we would receive a number of them later in the year (by the end of December). This variance will resolve after December.

10250

Information & Communication Technology Services

492,029

555,557

63,528

11.4%

45,305

Largely due to a lower than expected spend on consultants, caused by lingering delays in various projects due to COVID.  Also, a planned longer term consulting arrangement with a Tech1 specialist has been facilitated via a fixed term employment contract, rather than via consultancy fees.

Community and Commercial Services

513,540

899,488

385,948

42.9%

20,306

10380

Busselton Library

15,956

45,247

29,291

64.7%

3,063

Spending in this area was put on hold for a few months whilst tenders were sought for a new “buy local” initiative to purchase a range of new release books from a local book shop. We have now commenced spending in this area and will soon catch up.  The purchase of new furniture and office equipment (under the capitalisation threshold), has been held up due to the new renovations and the subsequent requirement for furniture and fitout of the new children’s area. Depending on the final budget of the renovations, the furniture fit out will be considered in the remaining funds. Have earmarked spending the 2020/21 furniture budget very soon.

10541

Recreation Planning

1,030

45,166

44,136

97.7%

12,500

Timing of expenditure is largely due in Q2 & Q3 awaiting the outcomes of external grant applications.  As of late November, grant deeds have not been received. The expected expenditure is now Q3 and Q4.

10590

Naturaliste Community Centre

20,751

55,420

34,669

62.6%

7,518

The Naturaliste Community Centre was closed due to COVID and upon reopening, was subject to phased restrictions which limited the attendance numbers and therefore expenditure associated with our programs and services throughout the first two quarters. To date, we are still limited by Phase 4 restrictions and have limited numbers in some activities affecting a slow return to business as usual and therefore planned expenditure. Business is now picking up and we are likely to see increased expenditure over the next few months in line with budget.

10591

Geographe Leisure Centre

119,567

165,597

46,030

27.8%

(2,466)

This is the same as the factors listed above for the NCC.

10600

Busselton Jetty Tourist Park

171,667

242,090

70,423

29.1%

5,725

The majority of this variance cost is the monthly management contract fee ($41,125) for the caravan park which has resulted due to a timing issue with presentation and payment of the invoice. Other expenses falling within Materials & Contracts are related to maintenance, which will occur throughout the year.


 

10630

Property and Business Development

10,775

35,885

25,110

70.0%

1,060

The budget is made up of numerous line items that have been spread throughout the year. The actual timing for these things are inherently difficult to predict, as more often than not they depend on interactions with outside third parties for development opportunities and collaborations. For example, we budget for advertising and marketing, but need to wait for relevant opportunities to arise throughout the year that may not necessarily align with budget timing.

11151

Airport Operations

66,720

181,251

114,531

63.2%

(4,359)

The budget YTD monthly allocation for Airport Operations of $114K includes the key allocations of:

·        security screening allocations of $45K not spent;

·        contractors - $49K for water tank removal and tree clearing not completed/expended; and

·        smaller variances in other areas not yet expended.

Planning and Development Services

425,319

812,541

387,222

47.7%

38,026

10830

Environmental Management Administration

149,747

187,225

37,478

20.0%

(29,097)

Expenditure variance due to timing of Barnard Park East upgrade works contract due April 2021.

10931

Protective Burning & Firebreaks-Reserves

11,678

226,620

214,942

94.8%

41,317

Q2 mitigation well underway, with all spring burns now complete. Invoices for works completed are yet to be received.

11170

Meelup Regional Park

30,234

65,130

34,896

53.6%

11,098

Expenditure variance due to timing of awarding cultural heritage assessment contract as part of the Meelup Regional Park Management Plan review. This was budgeted to occur in November, but is now planned for mid-February 2021.

Engineering and Works Services

3,952,135

4,914,776

962,641

19.6%

(9,787)

12600

Street & Drain Cleaning

95,498

182,390

86,892

47.6%

16,376

Expenditure timing - Total expenditure as a percentage of annual budget has been lower to the end of November than it has been in previous years at 22% compared to an average of 35%. The rate of expenditure for street sweeping will begin to increase as we move into the summer months with servicing of the town centres and surrounds increasing with the extra visitors to town. The majority of drain abduction works will commence prior to the rainy season in the last quarter of the financial year to ensure drains are free of debris to mitigate against flooding. This budget will be fully expended come June 30.

12620 & 12621

Rural & Urban Tree Pruning

51,952

157,500

105,548

67.0%

19,128

Expenditure timing and reduced expenditure to potentially offset May 2020 storm damage subject to DRFAWA claims.

Various

Bridges

8,563

75,505

66,942

88.7%

15,067

Expenditure timing and reduced expenditure to potentially offset May 2020 storm damage subject to DRFAWA claims.

Various

Buildings

499,105

592,115

93,010

15.7%

(8,861)

The majority of scheduled maintenance activities to Buildings occur primarily in the second half of the financial year and costs associated with the busy tourist season also increase costs from December through to Easter; hence the year to date variance to budget (which is spread evenly).

Various

Other Infrastructure Maintenance

370,091

753,664

383,573

50.9%

19,438

This broad category encompasses the consolidation of 84 separate and unique services delivered across the City, this includes things like Event support; Boat Ramp maintenance; Cemetery maintenance; maintenance at the Libraries and GLC; Caravan Park maintenance, Street Lighting installation; the Foreshores; the CBD’s; Cycleway,  Footpaths Maintenance etc. Expenditure variance for November is attributable to timing with the budget having been evenly spread across the financial year. Material & Contractor costs associated with the majority of these areas will gradually increase as we move into the busy summer months of the year.

 

 

Various

Waste services

876,562

1,103,420

226,858

20.6%

(33,144)

The pandemic resulted with more people remaining at home for extended periods, generating more household waste. This, coupled with the two major storm events, requiring more time to process the increased volumes and therefore delays in payment of invoices, has contributed to the larger variances.  Another contributing factor is that the City has suspended the FOGO service (i.e. no collection and no processing costs) for the remainder of the financial year. Furthermore, there were also delays in receiving invoices from various aspects of the recycling contractor as well. Another contributing factor is the planned restoration works associated with the decontamination of the Busselton Transfer Station and its surrounds which have not as yet commenced.

Various

Roads Maintenance

814,707

361,170

(453,537)

(125.6%)

(38,552)

Higher than normal costs are largely associated with DRFCA WA storm damage claims from the May 2020 storm events. Three claims have been submitted to DFES with a fourth and final claim submitted in November. Claims totalling $789k have been submitted, with $150k of these associated with costs incurred in the previous financial year. The State Government is awaiting a determination by the Federal Government specific to disaster recovery in relation to debris removal from road verges and the evidence requirements in support of these types of claims.

Various

Reserve Maintenance

527,663

822,905

295,242

35.9%

(12,414)

Costs associated with Public Open Spaces are historically lower in the first half of the financial year with an increasing in costs beginning as we move into the busy summer period. In November costs associated with the City’s stock of Parks and Reserves started to rise accordingly.  

5280

Transport - Fleet Management

678,144

852,567

174,423

20.5%

11,228

Fuel was underspent by $103,702 YTD due to lower fuel cost and lower plant and vehicle utilisation. Tyre purchase was underspent by $12,871 YTD, replacement parts/tooling/contractor costs were underspent by $57,850 YTD. Budget is spread evenly across the year, however spending is generally more cyclical in nature and peaks in the busier spring/summer/autumn months.

 

3.    Utilities

Costs are $147K, or 12.7%, under budget as at November YTD.  Contributing factors include:

·        At year ended 30 June 2020, the June street lighting account was booked in June, rather than in the following month when received per normal practice. Accruals are not done on a monthly basis, so this has the effect of causing actuals to appear to be on average $75K behind budget in relation to street lighting (until the following June, when actuals will catch up to budget).

·        There have been delays in receiving the accounts for parks and reserves from Synergy, due to system issues at their end (along with a number of other electricity accounts).  With no accruals on a monthly basis, this also causes what appears to be an under-spend against the budget.  As at November, system issues at Synergy are still ongoing. Pending resolution of this and a catch up in billing, this should largely rectify itself in coming months as the billing cycles re-align.

·        Apart from the Synergy system issues, the invoices that were in fact emailed from Synergy were quarantined at the City end due to the new cyber security practices. The quarantined messages are not visible to Accounts staff, however processes are being developed to ensure they are made aware in a timely fashion to avoid supplier payment delays.


 

4.    Other Expenditure

$927K, or 50.6%, under the budget YTD. The main contributing items are listed below:

Cost Code

Cost Code Description

Actual YTD

$

Amended Budget YTD

$

Variance
YTD
$

Variance
YTD
%

Change in Variance Current Month

$

Finance and Corporate Services

233,561

312,561

79,000

25.3%

(4,013)

10000

Members of Council

183,074

224,058

40,984

18.3%

(11,781)

Timing variances exist in relation to the payment of elected member allowances and reimbursements.  As per previous commentary, some of this is related to sitting fees being paid in arrears with a double payment in June. This makes up approximately $30K of the variance. Close to $4k is related to there being no expenditure against the Council holding account, and the balance relates to timing variances for expense reimbursements which are difficult to predict when budgeting.

Community and Commercial Services

527,784

1,265,335

737,551

58.3%

24,095

10536

School Chaplaincy Programs

41,400

 -

(41,400)

(100.0%)

 -

Historically, Youthcare invoices the City in the 2nd half of the year, but this year invoiced earlier than budgeted.

10547

Iron Man

 -

200,000

200,000

100.0%

 -

Ironman has been cancelled for this year and hence the funds will not be expended. Council have resolved (C2012/159 – 9 December 2020) to utilise the remaining budget towards an electronic billboard, however this will not likely be completed until closer to the end of the financial year.

10567

CinefestOZ

 -

120,000

120,000

100.0%

 -

YTD variance is due to the CinefestOZ sponsorship amount being incorrectly paid out of 10530 (a request will be made to journal funds from 10530 to this account to correct the error). Further, the sponsorship contract was varied due to change in format as a result of COVID (C2009/110) - $80k paid in 2020/21 with the balance ($38k) carried over to be paid in addition to 2021/22 Market Yield Adjustment.

11151

Airport Operations

76

413,929

413,853

100.0%

52

Airport Operations marketing activities for RPT services which have not commenced due to COVID.

12631

Peel Tce Building & Surrounds

81,800

40,899

(40,901)

(100.0%)

(40,900)

The December quarter funding contribution to MRBTA was paid earlier than usually planned.

Planning and Development Services

62,027

97,517

35,490

36.4%

(16,493)

10805

Planning Administration

8,523

25,000

16,477

65.9%

(3,523)

The subsidy for the façade refurbishment at the old Hobson’s site was delayed. This will be paid in January.

10830

Environmental Management Administration

119

17,528

17,409

99.3%

17,400

YTD variance due to timing of Biodiversity Incentive Rebate Scheme payment due May 2021.

Engineering and Works Services

35,720

102,460

66,740

65.1%

3,270

B1223

Micro Brewery - Public Ablution

 -

60,000

60,000

100.0%

 -

The City’s fund contribution to the construction of these ablutions is due to be paid upon receipt of invoice from the company.

 


 

5.    Non-Operating Grants, Subsidies & Contributions

The negative variance of $821K is mainly due to the items in the table below. It should be noted that any variance in this area will approximately correlate to an offsetting variance in a capital project tied to this funding source. This can be seen in the section below that outlines the capital expenditure variances.

Revenue Code

Revenue Code Description

Actual YTD

$

Amended Budget YTD

$

Variance
YTD
$

Variance
YTD
%

Change in Variance Current Month

$

Engineering and Works Services

3,671,927

4,499,591

(827,663)

(18.4%)

218,293

B9407

Busselton Senior Citizens – Developer Cont. Utilised

595,306

162,479

432,827

266.4%

 -

B9591

Performing Arts Convention Centre – Developer Cont. Utilised

 -

1,000,000

(1,000,000)

(100.0%)

 -

C0059

Dunsborough Yacht Club Carpark – Developer Cont.

60,000

 -

60,000

100.0%

 -

C3116

Dawson Park (McIntyre St POS) – Developer Cont.

 -

77,467

(77,467)

(100.0%)

(77,467)

F1002

Dual Use Path - Dunsborough to Busselton – State Capital Grant

64,000

 -

64,000

100.0%

 -

F1022

Buayanyup Drain Shared Path – State Capital Grant

 -

133,335

(133,335)

(100.0%)

(26,667)

S0070

Peel & Queen Street Roundabout Service Relocation - Developer Cont. Utilised

120,000

240,000

(120,000)

(50.0%)

 -

S0074

Causeway Road Duplication – Developer Cont. Utilised

500,000

300,000

200,000

66.7%

200,000

S0075

Local Road and Community Infrastructure Program – Federal Capital Grant

480,935

240,468

240,467

100.0%

 -

T0019

Wonnerup South Road - Reconstruct and Widening (narrow seal) – RTR Capital Grant

448,000

298,667

149,333

50.0%

298,667

T0020

Capel Tutunup Road – RTR Capital Grant

 -

594,470

(594,470)

(100.0%)

(118,894)

 


 

6.    Capital Expenditure

As at 30 November 2020, there is an underspend variance of 49.2%, or $8.8M, in total capital expenditure, with YTD actual at $9.1M against the YTD amended budget of $17.9M. A portion of this positive underspend variance is offset by the negative variance in Non-operating Grants, Contributions & Subsidies discussed above, with the remainder offset by the negative variances in Transfers From Reserves related to funds held aside for these projects. The attachments to this report include detailed listings of all capital expenditure (project) items, however the main areas of YTD variance are summarised as follows:

Cost Code

Cost Code Description

Actual YTD

$

Amended Budget YTD

$

Variance
YTD
$

Variance
YTD
%

Change in Variance Current Month

$

Buildings

2,268,774

2,756,046

487,273

17.7%

(227,618)

B9300

Aged Housing Capital Improvements – Winderlup

 -

33,000

33,000

100.0%

6,600

Works proposed are to separate power and drainage servicing Winderlup Court and Winderlup Villas. The power requirements will not be triggered until the new conditional land title lot is created.  Upgrade and separation of drainage is planned to occur this financial year as the infrastructure is damaged.

B9302

Aged Housing Capital Improvements - Winderlup Court (City)

 -

52,000

52,000

100.0%

 -

Works proposed are to separate power and drainage servicing Winderlup Court and Winderlup Villas.  The power requirements will not be triggered until the new conditional land title lot is created.  Upgrade and separation of drainage is planned to occur this financial year as the infrastructure is damaged.

B9407

Busselton Senior Citizens

620,333

738,128

117,795

16.0%

(26,055)

Works were completed in September. The savings against budget are being reviewed for potential use on roof replacement and carpark works. Contractor delays in providing estimates have delayed commencement of these works.

B9591

Performing Arts Convention Centre

795,645

943,528

147,883

15.7%

31,104

Regional Growth Fund milestones are under review pending funding extension confirmation.  Design contract program extension pending. Budgeted cash flow is under review on this basis.

B9596

GLC Building Improvements

2,564

204,855

202,291

98.7%

40,971

Carried over works from the prior year. Works have been rescheduled and have been forecast to be completed in February/March 2021 to minimise impact to GLC operations.

B9606

King Street Toilets

48,647

19,180

(29,467)

(153.6%)

3,836

Stage 1 works completed. Minor additional works undertaken in this period to improve accessibility to new viewing platform.

B9610

Old Butter Factory

128,553

 -

(128,553)

(100.0%)

(135,146)

Conservation and fire damage works now completed.  Insurance claim has now been approved, with the final position estimated to be in the order of ($30K), with savings being identified in other areas to account for this variance.

Plant & Equipment

676,530

1,106,810

430,280

38.9%

105,359

10810

Statutory Planning

 -

35,000

35,000

100.0%

 -

Vehicle ordered in December, delivery expected in January. A delay in the order was due to a delay in confirmation of government pricing and availability of different vehicle makes by the manufacturer.

10920

Environmental Health Services Administration

 -

35,000

35,000

100.0%

 -

Vehicle ordered in September, delivery expected in January.  Delays in delivery are due to the high demand currently being experienced by dealers due to the government’s stimulus package in concurrence with supply chain restrictions due to COVID.

11156

Airport Development Operations

172,865

117,960

(54,905)

(46.5%)

17,092

Baggage handling system supply/install is now completed, however monthly budget allocation has been spread over a longer time period.

11402

Plant Purchases (P10)

321,201

360,000

38,799

10.8%

(1,201)

Generators at DWF pond and cell – not yet replaced.  Site and operations under review.

11403

Plant Purchases (P11)

 -

167,500

167,500

100.0%

87,500

1 x vehicle ordered, delivery expected in January – reasoning similar to above.  1 x vehicle to be ordered in January. 1 x light truck ordered in December, delivery expected in May.

11404

Plant Purchases (P12)

 -

95,000

95,000

100.0%

85,000

1 x light truck to be ordered early February, delivery expected in May.

11407

P&E - P&G Smart Technologies

 -

41,665

41,665

100.0%

8,333

The annual scope of the project is currently being finalised and delivery will follow in the last quarter of 20/21.

11500

Operations Services Administration

 -

40,000

40,000

100.0%

 -

Vehicle ordered in October, delivery expected in March. Delays in delivery are due to the high demand currently being experienced by dealers due to the government’s stimulus package in concurrence with supply chain restrictions due to COVID.

Infrastructure By Class

5,954,913

13,839,129

7,884,216

57.0%

1,575,011

Various

Roads

2,997,757

7,378,592

4,380,835

59.4%

452,617

Capital projects with civil works are commonly scheduled to be carried out later in the financial year, in the drier spring/summer construction season. The capital works budgets have been entered based on an even spread method and approach, not on a scheduled timing of works basis.

Various

Bridges

 -

716,665

716,665

100.0%

143,367

Per the above Roads comment.

Various

Car Parks

616,213

862,815

246,602

28.6%

(4,763)

Generally similar to the above Roads comment, however good progress has been made with several projects now that inclement weather has abated.

Various

Footpaths & Cycleways

143,585

612,425

468,840

76.6%

106,576

Per the above Roads comment.

Various

Parks, Gardens & Reserves

2,133,780

4,057,388

1,923,608

47.4%

838,665

Per the above Roads comment.

Various

Drainage

 -

48,669

48,669

100.0%

6,725

Projects of this nature are scheduled for the summer months.

Various

Regional Airport & Industrial Park Infrastructure

63,578

162,575

98,997

60.9%

31,824

Airport projects planned over the year, bird netting due to start in January, car park works completed not invoiced; other line items not started as yet.

 

7.    Proceeds From Sale of Assets

YTD proceeds from sale of assets is $278K behind budget due to delays in delivery of acquisitions. Also, potential income from sales proceeds have been hampered by the pandemic. Aside from a significantly reduced capital replacement program in both light vehicles and heavy plant items, the existing ones that were due to be replaced have been retained in service to maintain operational requirements.


 

8.    Transfer to Restricted Assets

There is a YTD variance in transfers to restricted assets of $2.6M more than amended budget. Grant funding received from Federal Government for “Drought Communities Program” of $500k (attributable to CC C3223 Dunsborough Non-Potable Water Network). The funding was received in September whereas budget projected allocation was in June. It was anticipated that the expenditure would be incurred in June, hence the funding timing projections followed.

 

Developer contributions, deposits and bonds are inherently hard to predict and budget for. An annual amount of $50K spread evenly over 12 months was budgeted, however, over $2.1M has been received in the YTD as at November, the bulk of which are for road works bonds ($1.7M).

 

9.    Transfer from Restricted Assets

YTD there has been $132K transferred from restricted assets into the Municipal Account. This was mainly attributable to refunds of road work bonds of $94K, refund of hall deposits of $12K and other refunds of $26K.

Investment Report

Pursuant to the Council’s Investment Policy, a report is to be provided to the Council on a monthly basis, detailing the investment portfolio in terms of performance and counterparty percentage exposure of total portfolio. The report is also to provide details of investment income earned against budget, whilst confirming compliance of the portfolio with legislative and policy limits.

 

As at 30 November 2020, the value of the City’s invested funds totalled $89.29M, steady from $89.29M as at 31 October.

 

The balance of the 11am account (an intermediary account which offers immediate access to the funds compared to the term deposits and a higher rate of return compared to the cheque account) remained unchanged at $6.0M.

 

During the month of November, two term deposits totalling the amount of $4.0M matured. Existing deposits were renewed for a further 181 days at 0.33% on average.

 

The official cash rate has dropped to 0.10% on the 3rd of November 2020. Consequently, both the 11am Account and Airport Redevelopment - ANZ Cash Account interest rates have dropped from 0.15% to 0.00%. The Airport Redevelopment – WATC Deposits has decreased from 0.20% to 0.05%. The interest rates being offered on term deposits have decreased significantly. This will have a strong impact on the City’s interest earnings for the foreseeable future.

Chief Executive Officer – Corporate Credit Card

Details of transactions made on the Chief Executive Officer’s corporate credit card during November 2020 are provided below to ensure there is appropriate oversight and awareness.

 

Date

  $ Amount

Payee

Description

13/11/2020

240.00

HOWARD PARK WINES SUBIACO

REFRESHMENTS FOR CIVIC RECEPTION AREA FOR BUSSELTON HOSPICE FUNDRAISER.

 

240.00

 

 

Statutory Environment

Section 6.4 of the Act and Regulation 34 of the Regulations detail the form and manner in which a local government is to prepare financial activity statements.

Relevant Plans and Policies

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

Financial Implications

Any financial implications are detailed within the context of this report.

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

The Statements of Financial Activity are presented in accordance with Section 6.4 of the Act and Regulation 34 of the Regulations and are to be received by Council. Council may wish to make additional resolutions as a result of having received these reports.

CONCLUSION

Budget timings remain affected by COVID impacts and are gradually being re-aligned. As at 30 November 2020, the City’s net current position stands at $33.4M. The City’s financial performance is considered satisfactory, and cash reserves remain strong.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Not applicable.


Council

72

27 January 2021

12.5

Attachment a

Investment Report November 2020

 


Council

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27 January 2021

12.5

Attachment b

Financial Activity Statement November 2020

 



















Council                                                                                      93                                                                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  

 

Council Decision and Officer Recommendation

C2101/009              Moved Councillor J Barrett-Lennard, seconded Councillor P Cronin

 

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

CARRIED 9/0

En Bloc

 

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.   


Council

96

27 January 2021

17.1

Attachment a

WALGA 2021 State Election Campaign Document

 



Council

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27 January 2021

17.1

Attachment b

LVRMAG Meeting Notes and Action Sheet 18 November 2020

 




Council

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27 January 2021

17.1

Attachment c

Regional Capitals Australia Board Meeting minutes 17 November 2020

 




Council

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27 January 2021

17.1

Attachment d

Regional Capitals Australia AGM Minutes 17 November 2020

 




 


Council                                                                                      115                                                             27 January 2021

ITEMS TO BE DEALT WITH BY SEPARATE RESOLUTION (WITHOUT DEBATE)

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.

 

Council Decision and Committee Recommendation and Officer Recommendation

C2101/010              Moved Councillor K Cox, seconded Deputy Mayor K Hick

 

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

DELEGATION

CHANGES

DA1 – 01 Issuing Notices

Expanded references and added ‘the power to’.

DA1 – 02 Entry in an Emergency

Amended title for clarity of delegation purpose and power.

Expanded references and added ‘the power to’.

Removed reference to section 3.31 of the Act as this can be dealt with through an Authorisation under section 9.10 of the Act, which now provides for the CEO, as the prescribed decision maker, to make appointments.

Included new condition to provide parameters of use of delegation and included updated reference document.

 

DA1 – 03 Abandoned vehicle wreck

Amended title for clarity of delegation purpose and power.

Expanded references and added ‘the power to’. 

Removed reference to section 3.39 of the Act as this can be dealt with through an Authorisation under section 9.10 of the Act, which provides for the CEO, as the prescribed decision maker, to make appointments.

This reasoning also applies to section 3.40A(1), therefore only section 3.40A(4) ‘the local government may declare that a vehicle is an abandoned vehicle wreck’ has a decision making function and can be delegated to the CEO.

 

DA1 – 04 Confiscated or Uncollected Goods

Amended title for clarity of delegation purpose and power.

Expanded references and added ‘the power to’.

 

DA1 – 05 Closure of Thoroughfares

Expanded references and added ‘the power to’.

Removed reference to Regulation 6 of the Local Government (Functions and General) Regulations 1996, as this was a transitional provision about road closures and does not apply beyond 30 June 2002 (Regulation 6(2)).

Amended function to include words ‘the power to’.

DA1 – 06 Meelup Regional Park Management Committee

Amended, see DA11 – 01.

DA1 – 07 Inviting, Rejecting and Accepting Tenders

Expanded references and added ‘the power to’.

Reformatted detail from under Power/Duty Delegated to under Function for the consistency.

 

DA1 – 08 Expression of Interest for Goods and Services

Amended title for clarity of delegation purpose and power.

Expanded references and added ‘the power to’.

 

 

DA1 – 09 Airport Redevelopment Project – Inviting, Rejecting and Accepting Tenders

Removed.

Advice from Airport Redevelopment Business Unit that this delegation is no longer required and tenders relating to the BMRA can be dealt with under delegation DA1 - 07 or through the usual course of Council business.

 

DA1 – 10 Panels of Pre-Qualified Suppliers

Expanded references and added ‘the power to’.

DA1 – 11 Amendments to the Consolidated Parking Scheme

Change to date of Local Law.

DA1 – 12 Disposing of Property (Leases at the Busselton Margaret River Airport)

Simple tidy up of format and inclusion of section 3.18 of the Local Government Act 1995 to capture the performing of executive functions.

Amended function to include words ‘the power to’.

DA1 – 13 Dispose of sick or injured animals

Amended title for clarity of delegation purpose and power.

Expanded references and added ‘the power to’.

Included new condition to provide parameters of use of delegation and included updated Council policy reference.

 

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

Expanded references and added ‘the power to’.

DA1 – 15 Rates and Service Charges

Updated and included all functions relevant to rates and services.

Expanded references and added ‘the power to’.

DA1 – 16 Investment of Surplus Funds

Expanded references and added ‘the power to’.

DA1 – 17 Meeting with the Auditor

Amended – see DA11 – 02.

DA1 – 18 Appointment of Authorised Persons

Removed.

Due to amendments made to section 9.10 of the Local Government Act 1995.

The Building Act 2011 and the Building Regulations 2012, the Criminal Procedure Act 2004 and the Criminal Procedure Regulations 2005, and the Graffiti Act 2016 all still require a delegation to provide the power to the CEO to appoint authorised persons and these delegations have remained in place unchanged.

 

DA1 – 19 Urgent Legal Representation

Amendment to Council Policy and Council Resolution for power of delegation to CEO.

DA1 – 20 Administer Local Laws

Update year to Parking Local Law in anticipation of draft Parking Local Law 2020 being gazetted.

Amended function to include words ‘the power to’.

DA1 – 21 Acquisition of Property

Removed s.3.55 as there is no decision making ability.

Included s.3.18 with conditions regarding limits imposed.

Amended function to include words ‘the power to’.

DA1 – 22A Disposition of Property: Other than by Lease

Expanded references and added ‘the power to’.

DA1 – 22B Disposition of Property: Leasing and Licensing of Land and Buildings

Expanded references and added ‘the power to’.

DA1 – 23 Payments from Municipal Fund or Trust Fund

Expanded references and added ‘the power to’.

DA1 – 24 Affixing of the Common Seal

Deleted subsection (2) from Power/Duty Delegated as referenced in Function.

Amended function to include words ‘the power to’.

DA2 – 01 The Powers and Duties of the Local Government pursuant to the Building Act 2001

No changes

DA3 – 01 The Powers and Duties of the Local Government pursuant to the Bush Fires Act 1954

No changes

DA3 – 02 Appointment of Bush Fire Control Officers

No changes

DA3 – 03 To Institute a Prosecution, or to Issue an Infringement

No changes

DA3 – 04 Variation of Prohibited and Restricted Burning Times

No changes

DA4 – 01 The Powers and Duties of the Local Government pursuant to the Cat Act 2011

No changes

DA5 – 01 The Powers and Duties of the Local Government pursuant to the Dog Act 1976

No changes

DA6 – 01 The Powers and Duties of a Local Government pursuant to the Graffiti Vandalism Act 2016

No changes

DA7 – 01 Development Control

No changes

DA7 – 02 Unauthorised Development

Expanded references and added ‘the power to’.

DA8 – 01 Certificate of Approval pursuant to the Strata Titles Act 1985

No changes

DA9 – 01 Criminal Procedure Act 2004 – Authorised Persons

Combined DA9 - 02, which is an amendment to include Approved as well as Authorised persons under the Criminal Procedure Act 2004, for the Health (Asbestos) Regulations 1992

DA9 – 02 Criminal Procedure Act 2004 – Approved Persons

Deleted and combined with DA9 - 01.

DA 10 – 01 Public Health Act 2016 – Authorised Persons of

No changes

NEW DELEGATION

DETAILS

DA11 – 01 Meelup Regional Park Management Committee

Corrected the Power/Duty Delegated and Function of delegation to section 3.18 Performing Executive Functions of the Local Government Act 1995 to correctly reflect the power to be delegated to the Committee.

Updated the Conditions of the delegation to correctly reflect the Committee Terms of Reference.

Amended function to include words ‘the power to’.

 

DA11 – 02 Audit Committee

Corrected the ‘Delegated To’ from the Chief Executive Officer to the Audit Committee.

Expanded subsections of the delegation function to improve alignment with specific delegated powers and the understanding of the powers and duties being delegated.

Improved the Conditions of the delegation to include limitations of the Committee powers in relation to sections 7.12A(3) and 7.12A(4).

 

CARRIED 9/0

BY ABSOLUTE MAJORITY

EXECUTIVE SUMMARY

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

BACKGROUND

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

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

OFFICER COMMENT

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

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

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

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

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

 

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

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

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

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

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

DELEGATION

CHANGES

DA1 – 01 Issuing Notices

Expanded references and added ‘the power to’.

DA1 – 02 Entry in an Emergency

Amended title for clarity of delegation purpose and power.

Expanded references and added ‘the power to’.

Removed reference to section 3.31 of the Act as this can be dealt with through an Authorisation under section 9.10 of the Act, which now provides for the CEO, as the prescribed decision maker, to make appointments.

Included new condition to provide parameters of use of delegation and included updated reference document.

 

DA1 – 03 Abandoned vehicle wreck

Amended title for clarity of delegation purpose and power.

Expanded references and added ‘the power to’. 

Removed reference to section 3.39 of the Act as this can be dealt with through an Authorisation under section 9.10 of the Act, which provides for the CEO, as the prescribed decision maker, to make appointments.

This reasoning also applies to section 3.40A(1), therefore only section 3.40A(4) ‘the local government may declare that a vehicle is an abandoned vehicle wreck’ has a decision making function and can be delegated to the CEO.

 

DA1 – 04 Confiscated or Uncollected Goods

Amended title for clarity of delegation purpose and power.

Expanded references and added ‘the power to’.

 

DA1 – 05 Closure of Thoroughfares

Expanded references and added ‘the power to’.

Removed reference to Regulation 6 of the Local Government (Functions and General) Regulations 1996, as this was a Transitional provision about road closures and does not apply beyond 30 June 2002 (Regulation 6(2)).

Amended function to include words ‘the power to’.

DA1 – 06 Meelup Regional Park Management Committee

Amended, see DA11 – 01.

DA1 – 07 Inviting, Rejecting and Accepting Tenders

Expanded references and added ‘the power to’.

Reformatted detail from under Power/Duty Delegated to under Function for the consistency.

DA1 – 08 Expression of Interest for Goods and Services

Amended title for clarity of delegation purpose and power.

Expanded references and added ‘the power to’.

DA1 – 09 Airport Redevelopment Project – Inviting, Rejecting and Accepting Tenders

Removed.

Advice from Airport Redevelopment Business Unit that this delegation is no longer required and tenders relating to the BMRA can be dealt with under delegation DA1 - 07 or through the usual course of Council business.

 

DA1 – 10 Panels of Pre-Qualified Suppliers

Expanded references and added ‘the power to’.

DA1 – 11 Amendments to the Consolidated Parking Scheme

Change to date of Local Law.

DA1 – 12 Disposing of Property (Leases at the Busselton Margaret River Airport)

Simple tidy up of format and inclusion of section 3.18 of the Local Government Act 1995 to capture the performing of executive functions.

Amended function to include words ‘the power to’.

DA1 – 13 Dispose of sick or injured animals

Amended title for clarity of delegation purpose and power.

Expanded references and added ‘the power to’.

Included new condition to provide parameters of use of delegation and included updated Council policy reference.

 

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

Expanded references and added ‘the power to’.

DA1 – 15 Rates and Service Charges

Updated and included all functions relevant to rates and services.

Expanded references and added ‘the power to’.

DA1 – 16 Investment of Surplus Funds

Expanded references and added ‘the power to’.

DA1 – 17 Meeting with the Auditor

Amended – see DA11 – 02.

DA1 – 18 Appointment of Authorised Persons

Removed.

Due to amendments made to section 9.10 of the Local Government Act 1995.

The Building Act 2011 and the Building Regulations 2012, the Criminal Procedure Act 2004 and the Criminal Procedure Regulations 2005, and the Graffiti Act 2016 all still require a delegation to provide the power to the CEO to appoint authorised persons and these delegations have remained in place unchanged.

DA1 – 19 Urgent Legal Representation

Amendment to Council Policy and Council Resolution for power of delegation to CEO.

DA1 – 20 Administer Local Laws

Update year to Parking Local Law in anticipation of draft Parking Local Law 2020 being gazetted.

Amended function to include words ‘the power to’.

DA1 – 21 Acquisition of Property

Removed s.3.55 as there is no decision making ability.

Included s.3.18 with conditions regarding limits imposed.

Amended function to include words ‘the power to’.

DA1 – 22A Disposition of Property: Other than by Lease

Expanded references and added ‘the power to’.

DA1 – 22B Disposition of Property: Leasing and Licensing of Land and Buildings

Expanded references and added ‘the power to’.

DA1 – 23 Payments from Municipal Fund or Trust Fund

Expanded references and added ‘the power to’.

DA1 – 24 Affixing of the Common Seal

Deleted subsection (2) from Power/Duty Delegated as referenced in Function.

Amended function to include words ‘the power to’.

DA2 – 01 The Powers and Duties of the Local Government pursuant to the Building Act 2001

No changes

DA3 – 01 The Powers and Duties of the Local Government pursuant to the Bush Fires Act 1954

No changes

DA3 – 02 Appointment of Bush Fire Control Officers

No changes

DA3 – 03 To Institute a Prosecution, or to Issue an Infringement

No changes

DA3 – 04 Variation of Prohibited and Restricted Burning Times

No changes

DA4 – 01 The Powers and Duties of the Local Government pursuant to the Cat Act 2011

No changes

DA5 – 01 The Powers and Duties of the Local Government pursuant to the Dog Act 1976

No changes

DA6 – 01 The Powers and Duties of a Local Government pursuant to the Graffiti Vandalism Act 2016

No changes

DA7 – 01 Development Control

No changes

DA7 – 02 Unauthorised Development

Expanded references and added ‘the power to’.

DA8 – 01 Certificate of Approval pursuant to the Strata Titles Act 1985

No changes

DA9 – 01 Criminal Procedure Act 2004 – Authorised Persons

Combined DA9-02, which is an amendment to include Approved as well as Authorised persons under the Criminal Procedure Act 2004, for the Health (Asbestos) Regulations 1992.

DA9 – 02 Criminal Procedure Act 2004 – Approved Persons

Deleted and combined with DA9 – 01.

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

162

27 January 2021

12.2

Attachment a

Amended Delegated Authorities - Tracked Changes

 














































 


Council                                                                                      166                                                           27 January 2021

12.6           Finance Committee - 20/01/2021 - BUDGET AMENDMENT REQUEST / REVIEW - FINANCE & CORPORATE SERVICES - JANUARY 2021

STRATEGIC GOAL

STRATEGIC OBJECTIVE

6. LEADERSHIP Visionary, collaborative, accountable

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

SUBJECT INDEX

Budget Planning and Reporting

BUSINESS UNIT

Financial Services

REPORTING OFFICER

Manager Financial Services - Paul Sheridan

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   FCS - Budget Amendment Table - January 2021

Attachment b    Consumables Stock Listing Nov 2020  

 

This item was considered by the Finance Committee at its meeting on 20/1/2021, the recommendations from which have been included in this report.

 

Council Decision and Committee Recommendation and Officer Recommendation

C2101/011              Moved Councillor P Cronin, seconded Deputy Mayor K Hick

 

That the Council endorse:

1.         The requested budget amendments outlined in this report, recognising identified consumables stock to the value of $659,706.55.

2.         The net budget amendment, as outlined within Attachment A and in accordance with section 6.8(1) of the Local Government Act 1995, results in a $643,163.67 net positive impact on the 2020/21 annual operating budget and a nil impact on the budgeted net current position.

CARRIED 9/0

BY ABSOLUTE MAJORITY

 

EXECUTIVE SUMMARY

This report seeks Council approval of budget amendments as detailed in this report. Adoption of the officer recommendation will result in a $643,163.67 net positive impact to the City’s budgeted operating result and nil impact on the net current position.

BACKGROUND

In accordance with section 6.8(1) of the Local Government Act 1995, a local government is not to incur expenditure from its Municipal fund for an additional purpose except where the expenditure:

·        is incurred in a financial year before the adoption of the annual budget by the local government; and

·        is authorised in advance by Council resolution - absolute majority required; or

·        is authorised in advance by the Mayor in an emergency.

 

Approval is therefore sought for the budget adjustments detailed in the attachment for the reasons specified.


 

OFFICER COMMENT

Council adopted its 2020/2021 Municipal Budget on Monday 27 July 2020 with a balanced budget position. Since then, officers have identified areas within the budget that require reconsideration or adjustment. It is good management practice to revise the adopted budget when it’s known that circumstances have changed. To ensure this is the case, budgets are reviewed on a monthly basis.

 

Amendments to the budget are categorised into the three key types as listed below:

 

1.         Adjustments impacting the budget balance or net position of the City: relatively uncommon type.

2.         Adjustments with no impact on the budget balance: most common amendment type.

3.         Adjustments to transfer budget between capital and operating undertakings: relatively uncommon type.

 

Officers have reviewed the adopted budget as at YTD December 2020 and subsequently recommend alterations to the budget as tabled below.

 

1.         Adjustments impacting the Municipal Budget balance.

 

Nil.

 

2.         Adjustments with no impact on the budget balance.

 

Recognition of identified consumables stock on hand

Subsequent to the finalisation of the year end audit and in preparation for the tri-annual Financial Management System Review (FMSR), to be performed by an external independent auditor in February, an internal review of the items contained in balance sheet was undertaken.

 

After discussion with various operational staff at the depot and a review of manually maintained spreadsheets and documentation, it became apparent that the consumables stock on hand was no longer of an immaterial nature.

 

Approximately six years ago, the practice of maintaining an accurate system-based register of consumables stock was abandoned.  This was due to the minor, immaterial value of the stock left on hand after various works, plus the fact that adopted operational practice was to only purchase whatever materials were necessary in order to complete certain works. As such, the additional administrative burden of tracking the stock was deemed unnecessary. 

 

Successive clean FMSR’s attested to this treatment, as did successive end of financial year audits.

 

The subsequent discovery of significantly higher levels of consumables stock can be attributed to many successive years of high growth throughout the district, creating a sharp increase in operational requirements, coupled with an extensive, ongoing capital works program. Recently, over successive years, not all scheduled works were completed by year end, leaving a steadily increasing number of stockpiles of consumables.

 

The below list is an extract from the manually maintained stock spreadsheet at the City depot, obtained in November.  A detailed stock listing showing quantities and unit costs supports each broad category and type. These stock listings are shown in Attachment B to this report.


 

Type

 Value

Category

PPE

                42,743.12

PPE

Chemical shed

                34,101.47

Parks / Reserves

Yard

             237,282.99

Roads

Waste Site - cement products

                53,803.88

Roads

Soakway

                10,498.80

Roads

Oil coolant grease

                35,240.00

Plant

Workshop

                18,881.18

Plant

Oil Filters

                15,428.24

Plant

Air Filters

                13,811.89

Plant

Store

                33,710.93

50/50 Parks / Roads

Foreshore

                49,552.65

50/50 Parks / Roads

Tyres

                35,885.00

Plant

Keys padlocks

                20,663.00

50/50 Parks / Roads

Plant Blades

                  9,232.49

Plant

Fire Tenders

                  7,763.38

Plant

Dunsborough Depot

                41,107.53

50/50 Parks / Roads

 

 

 

 

             659,706.55

 

 

At the point when the system-based register of stock was discontinued, it held stock to the value of $16,542.88. This value has remained on the balance sheet and must be removed in order to be replaced with the above stocktake verified figure.

 

The resulting net impact on the operating result is therefore $643,163.67.  However, as this amount adds back into stock, it has a nil impact on the net current position and has nil impact on cash.

 

The City will be reinstating the system-based register of consumables to provide a more rigorous and up-to-date position of the City’s stock control and net current position.

 

3.         Transfers between capital and operating budget.

 

Nil.

Statutory Environment

Section 6.8 of the Local Government Act 1995 refers to expenditure from the Municipal fund that is not included in the annual budget. Any adjustments to a budget allocation must be made by an absolute majority decision of the Council. Additionally, where no budget allocation exists, expenditure is not to be incurred until such time as it is authorised in advance, by an absolute majority decision of the Council.

Relevant Plans and Policies

The proposed budget amendment is supported by the City’s asset management plan, capital works program and long term financial plan. 

Financial Implications

A summary of the financial implications of these recommendations is shown in the table below.  Corresponding details required in order to process the accounting changes in the budget are contained within the table attachment to this report.

 

Reference Item #

Description

Net Increase in Revenue

Net Consumables Stock Brought to Account

Net Additional Expenditure

Net Impact on Operational Budget

Net Impact on Cash

Net Impact on Reserves

1

Recognition of consumables stock on hand.

643,163.67

643,163.67

-

643,163.67

 

-

-

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. There are no risks identified of medium or greater level.

Options

The Council could decide not to go ahead with the proposed budget amendment request.

CONCLUSION

Council’s approval is sought to amend the budget as per the details contained in this report.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Should the officer recommendation be endorsed, the associated budget amendment will be processed within a month of being approved.

 


Council

167

27 January 2021

12.6

Attachment a

FCS - Budget Amendment Table - January 2021

 


Council

217

27 January 2021

12.6

Attachment b

Consumables Stock Listing Nov 2020

 


















































 


Council                                                                                      227                                                             27 January 2021

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)  

 

As foreshadowed prior to consideration of the officer recommendation, Cr Henley moved the following motion:

Council Decision

        C2101/012           Moved Councillor G Henley, seconded Deputy Mayor K Hick

 

That this Item 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’ be deferred to the next Ordinary Meeting of Council. 

CARRIED 9/0

 

Reasons:              To enable some identified administrative corrections to numbering of the conditions in the Officer Recommendation and to allow for clarification of matters raised at this meeting by Parties with an interest and Councillors.


 

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 and how the plans and details required by Conditions 2 and 3 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 local government.

 

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;

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

 

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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13.1

Attachment h

Schedule of Submissions

 











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Attachment i

Traffic Consultant Advice (initially related to an earlier application)

 








 

 


Council                                                                                      341                                                             27 January 2021

18.             Motions of which Previous Notice has been Given

Nil

 

19.             urgent business

Nil

 

20.             Confidential Reports  

Nil

 

21.             Closure

The Presiding Member closed the meeting at 6.52pm.

 

 

 

 

 

 

 

 

THESE MINUTES CONSISTING OF PAGES 1 TO 341 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON Wednesday, 10 February 2021.

 

DATE:___________________  PRESIDING MEMBER:________________________________