COB-RGB

 

 

 

 

Council Agenda

 

 

 

28 April 2021

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 28 April 2021

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Council will be held in the Council Chambers, Administration Building, Southern Drive, Busselton on Wednesday, 28 April 2021, commencing at 5.30pm.

 

Your attendance is respectfully requested.

 

 

DISCLAIMER

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

 

 

 

 

OLIVER DARBY

 

A/CHIEF EXECUTIVE OFFICER

 

16 April 2021


CITY OF BUSSELTON

Agenda FOR THE Council MEETING TO BE HELD ON 28 April 2021

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening and Announcement of Visitors. 5

2....... Attendance. 5

3....... Prayer. 5

4....... Application for Leave of Absence. 5

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

6....... Announcements Without Discussion.. 5

7....... Question Time For Public. 5

8....... Confirmation and Receipt Of Minutes. 5

Previous Council Meetings. 5

8.1          Minutes of the Council Meeting held 14 April 2021. 5

Committee Meetings. 6

8.2          Minutes of the Capes Region Organisation Of Councils held 23 March 2021. 6

8.3          Minutes of the Finance Committee Meeting held 14 April 2021. 6

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

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

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

12..... Reports of Committee. 7

12.1        Finance Committee - 14/4/2021 - LIST OF PAYMENTS MADE - FEBRUARY 2021. 7

12.2        Finance Committee - 14/4/2021 - FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 28 FEBRUARY 2021. 17

12.3        Finance Committee - 14/4/2021 - ADOPTION OF THE 2021/22 LIST OF FEES AND CHARGES. 55

12.4        Finance Committee - 14/4/2021 - APPLICATION FOR RATE EXEMPTION - RELATIONSHIPS AUSTRALIA WA INC. 96

12.5        Finance Committee - 14/4/2021 - BUSSELTON GOLF CLUB INC. SELF SUPPORTING LOAN.. 107

13..... Planning and Development Services Report. 111

13.1        DA 20/0916 - MIXED USE DEVELOPMENT (BREWERY, TAVERN, RESTAURANT/CAFE, SHOP AND TOURIST ACCOMMODATION). 111

13.2        AMENDMENT NO. 51 TO LOCAL PLANNING SCHEME NO. 21 (SCHEDULE 10 DEVELOPMENT CONTRIBUTION AREA) - CONSIDERATION FOR PREPARATION.. 527

14..... Engineering and Work Services Report. 533

15..... Community and Commercial Services Report. 534

15.1        ARTGEO RESIDENT ARTIST LEASE STUDIO 2. 534

15.2        COMMUNITY ASSISTANCE PROGRAM 2021/22. 539

16..... Finance and Corporate Services Report. 546

16.1        ADOPTION OF CITY OF BUSSELTON CODE OF CONDUCT FOR COUNCIL MEMBERS, COMMITTEE MEMBERS AND CANDIDATES. 546

16.2        REVIEW OF CAPES REGION ORGANISATION OF COUNCILS (CapeROC) MEMORANDUM OF UNDERSTANDING.. 619

16.3        ADOPTION OF CEO STANDARDS RECRUITMENT, PERFORMANCE REVIEW AND TERMINATION   634

16.4        PILOT PARTICIPATORY BUDGETING BASED PROGRAM.. 643

16.5        INTRODUCTION OF SERVICE IMPROVEMENT REVIEWS. 649

17..... Chief Executive Officers Report. 668

17.1        COUNCILLORS' INFORMATION BULLETIN.. 668

18..... Motions of which Previous Notice has been Given.. 672

19..... urgent business. 672

20..... Confidential Matters. 672

21..... Closure. 672

 


Council                                                                                      6                                                                        28 April 2021

1.               Declaration of Opening and Announcement of Visitors

 

2.               Attendance 

Apologies

 

Approved Leave of Absence

 

Nil

 

3.               Prayer

 

4.               Application for Leave of Absence

 

5.               Disclosure Of Interests

 

6.               Announcements Without Discussion

Announcements by the Presiding Member

 

7.               Question Time For Public

Response to Previous Questions Taken on Notice

Public Question Time For Public

 

8.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

8.1             Minutes of the Council Meeting held 14 April 2021

Recommendation

That the Minutes of the Council Meeting held 14 April 2021 be confirmed as a true and correct record.

 

Committee Meetings

8.2             Minutes of the Capes Region Organisation Of Councils held 23 March 2021

RECOMMENDATION

That the Minutes of the Capes Region Organisation of Council meeting held 23 March 2021 be noted.

 

8.3             Minutes of the Finance Committee Meeting held 14 April 2021

Recommendation

That the Minutes of the Finance Committee Meeting held 14 April 2021 be noted.

 

 

9.               RECEIVING OF Petitions, Presentations AND DEPUTATIONS

Petitions

Presentations

Deputations

 

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

 

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


Council                                                                                      8                                                                        28 April 2021

12.             Reports of Committee

12.1           Finance Committee - 14/4/2021 - LIST OF PAYMENTS MADE - FEBRUARY 2021

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 - February 2021

 

This item was considered by the Finance Committee at its meeting on 14/4/2021, the recommendations from which have been included in this report.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

That the Council notes payment of voucher numbers M118592 – M118688, EF077260 – EF077861, T7544 – T7547, DD004390 – DD004412, together totalling $5,329,584.31.

 

EXECUTIVE SUMMARY

This report provides details of payments made from the City’s bank accounts for the month of February 2021, 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 February 2021 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 February 2021 is presented for information.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Not applicable.


Council

10

28 April 2021

12.1

Attachment a

List of Payments - February 2021

 









Council                                                                                      35                                                                      28 April 2021

12.2           Finance Committee - 14/4/2021 - FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 28 FEBRUARY 2021

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   Financial Activity Statement - YTD February 2021

Attachment b    Investment Report - February 2021

 

This item was considered by the Finance Committee at its meeting on 14/4/2021, the recommendations from which have been included in this report.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

That the Council receives the statutory financial activity statement reports for the period ending 28 February 2021, pursuant to Regulation 34(4) of the Local Government (Financial Management) Regulations.

 

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 28 February 2021.

 

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 28 February 2021

The Statement of Financial Activity (FAS) for the year to date (YTD) as at 28 February 2021 shows an overall Net Current Position of $18.3M as opposed to the budget of $10.6M. This represents a positive variance of $7.7M YTD.  This variance increased by $2.2M from $5.4M at the end of January.  

 

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

 

1.28%

893,638

259,761

1.    Other Revenue

370,754

239,832

424,730

54.59%

130,922

984

 

 

 

 

 

 

 

Expenses from Ordinary Activities

 

7.54%

4,011,343

551,842

2.    Materials & Contracts

(8,649,313)

(11,652,730)

(18,067,582)

25.77%

3,003,417

693,606

3.    Other Expenditure

(2,656,187)

(5,236,779)

41.73%

1,108,526

45,559

(2,656,187)

 

 

 

 

 

 

 

4.    Non-Operating Grants, Subsidies and Contributions

4,207,926

8,588,286

34,437,199

(51.00%)

(4,380,360)

(677,275)

 

 

 

 

 

 

 

Capital Revenue & (Expenditure)

 

14.12%

4,283,544

1,411,572

5.    Land & Buildings

(2,899,541)

(3,677,100)

(17,454,059)

21.15%

777,559

(131,693)

Plant & Equipment

(888,978)

(2,364,896)

(2,510,340)

62.41%

1,475,918

318,839

Furniture & Equipment

(221,420)

(443,088)

(461,088)

50.03%

221,668

(19,760)

Infrastructure

(11,126,065)

(22,286,516)

(40,004,996)

50.08%

11,160,451

1,665,453

6.    Proceeds from Sale of Assets

218,394

581,500

581,500

(62.44%)

(363,106)

41,753

7.    Proceeds from New Loans

0

7,700,000

7,700,000

(100.00%)

(7,700,000)

0

8.    Repayment of Capital Lease

(336,646)

(391,424)

(521,900)

13.99%

54,778

(17,494)

9.    Advances to Community Groups

0

(200,000)

(200,000)

100.00%

200,000

0

10.  Transfer to Restricted Assets

(3,202,294)

(36,672)

(62,750)

(8632.26%)

(3,165,622)

(536,463)

11.  Transfer from Restricted Assets

1,570,221

100,000

2,807,074

1470.22%

1,470,221

(54,205)

 

 


Revenue from Ordinary Activities

In total, revenue from Ordinary Activities is $894K, or 1.28%, ahead of budget YTD.  The only material variance item contributing to this is:

 

1.      Other Revenue

Ahead of YTD budget by $131K, or 54.59%, 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

$

Community and Commercial Services

31,283

4,280

27,003

630.90%

(4,369)

10591

Geographe Leisure Centre – LSL Contributions from other LG’s

18,132

 -

18,132

100.00%

 -

Long Service Leave entitlements accrued can be transferred between local governments. 

This receipt was budgeted for in June, however it was received earlier than expected.

10625

Art Geo Administration –

Sale of Artworks

9,236

 -

9,236

100.00%

(5,536)

The distribution of the proceeds of artwork sales on behalf of the artists is done in the month following the sales after the monthly reconciliation process.

Planning and Development Services

171,077

93,832

77,245

82.32%

3,559

10925

Preventative Services –

CLAG – Sundry Income

77,297

2,720

74,577

2741.81%

(326)

Due to the much earlier and more significant onset of the Ross River Virus threat, extra chemical applications were required. Permission was received from the Department of Health to draw extra trust funds for these purposes.

10970

Parking Control –

Parking Fines & Costs

26,562

40,000

(13,438)

(33.59%)

(1,096)

Budgeting for this is always done on a simple historical trend basis, and is never a targeted revenue source.  It is down on budget due to the enforcement team being temporarily understaffed.

Engineering and Works Services

140,967

116,734

24,233

20.76%

697

11107

Engineering Services Design – LSL Contributions from other LG’s

14,475

 -

14,475

100.00%

 -

Long Service Leave entitlements accrued can be transferred between local governments. At the time of budgeting, it was not known that the City would be employing a person for whom a LSL entitlement would be transferred.

12642

NCC Standpipe – Sale of Water

2,470

16,664

(14,195)

(85.18%)

(2,083)

The consumption and associated sale of water from this facility has not been as high as originally forecast.

G0030

Busselton Transfer Station – Sale of Scrap Materials

80,615

59,072

21,543

36.47%

535

There was an initial spike in sales compared to the timing of the budget, and better than predicted prices received for scrap metal. However, it is predicted that this will slow somewhat as the financial year progresses.

 

 

 

 

 

Expenses from Ordinary Activities

Expenditure from ordinary activities is $4M, or 7.54%, less than expected when compared to the budget YTD as at February. 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 $3M, or 25.77%. The table below lists the main items contributing to this variance:

Cost Code

Cost Code Description

Actual YTD

$

Amended Budget YTD

$

Variance
YTD
$

Variance
YTD
%

Change in Variance Current Month

$

Finance and Corporate Services

1,520,066

1,584,638

64,572

4.1%

42,310

10151

Rates Administration

168,425

217,271

48,846

22.5%

5,805

The variance is predominantly due to the under spend in consultancy. This budget was for the Rating Review Project, funded by reserves. The project has been delayed due to resourcing issues in the Rates team, plus communications with the Minister regarding rates reviews that have changed the scope of the project.  Unspent funds will remain carried forward in the reserve to fund the revised project.

10200

Financial Services

35,924

54,510

18,586

34.1%

4,715

Due mainly to a reduction in bank fees that were budgeted at a higher amount, plus none of the consultancy budget has been used YTD. This will potentially be used later in the financial year in relation to adoption of new accounting standards, plus updates to the Long Term Financial Plan model.

10250

Information & Communication Technology Services

952,949

887,522

(65,427)

(7.4%)

43,389

·        Software licences – The City’s licences are on track to go over budget this year with the addition of some unplanned software; this should be balanced elsewhere. The payment curve for this is not smooth and the City has recently paid some large invoices including T1.

·        Photocopying – As mentioned in Customer Service below, the printer costs are routing through this account hence the budget overspend.

·        GIS costs – It was planned to use a new image provider at a reduced cost, unfortunately they could not provide what was agreed upon and the City continued to use Landgate. This will be adjusted for next budget.

10360

Customer Services

16,304

31,688

15,384

48.5%

1,894

·        Photocopying – The Finance team going paperless has had a significant impact on the City’s paper spend, especially for coloured paper. In addition, an arrangement has been made with the Executive Assistants for auditing of the stationery supplies in their departments, so ordering has more closely aligned to needs rather than maintaining large stores.

·        Computer Consumables – Historically, printer cartridges etc. came from this bucket. With the adoption of more printers using a full supply contract this account is not being utilised. The City still orders some cartridges manually but the number is heavily reduced. This will be reviewed during the upcoming budget considerations for 21/22 to get a better idea of actual spend.

10500

Legal & Compliance Services

88,764

40,920

(47,844)

(116.9%)

(19,767)

Greater than expected spend of external legal representation (largely due to increase in prosecutions/compliance action plus a Supreme Court matter). It was acknowledged when the legal budget was set last year that a transfer from the legal reserve may be required.

10521

Human Resources & Payroll

21,121

43,904

22,783

51.9%

2,416

The variance is timing related, with consultancy funds related to the organisational staff survey yet to be expended. Procurement is currently in progress with expenses expected to be incurred by April 2021.

10616, 10617 & 10618

Aged Housing

49,523

94,408

44,885

47.5%

3,296

Lower than expected maintenance costs to the end of the reporting period.

Less reactive maintenance for FY to date.

Community and Commercial Services

784,469

1,534,019

749,550

48.9%

233,299

10380

Busselton Library

38,083

78,759

40,676

51.6%

(1,331)

·        Furniture & Office Equipment - The purchase of new furniture and office equipment (under the capitalisation threshold) has been delayed due to the new renovations and subsequent requirement for furniture and fit-out of the new children’s area. Increased expenditure will occur over the next few months in line with budget.

·        Library Resources - Spending on Library Resources was delayed whilst tenders were sought for a new “buy local” initiative.  A significant number of purchase orders have been raised since November, with items due to be received over the next few months.

·        Entity Specific Consumables – The coffee machine has been disposed of, which means that there will be no expenditure, and no offset income.

·        Photocopying – Currently investigating zero expenditure. It appears photocopy paper is not being correctly costed to the library budget before being issued from central stores. This will be rectified in consultation with Customer Service Team.

10381

Dunsborough Library

14,914

25,004

10,090

40.4%

(92)

·        Contractors – Carpet cleaning has been rescheduled to occur in March/April 2021.

·        Other Computer costs - $1,800 networking costs no longer required.

·        Photocopying – see Busselton explanation.

·        Library Resources – see Busselton explanation.

10540

Recreation Administration

8,994

34,214

25,220

73.7%

3,378

The City’s application to the State Government for the 2021 & 2022 Every Club grants was successful. As of 28 February, the City is still awaiting the grant deeds which will stipulate conditions/details of grants. It is envisaged that this budget will be spent by year’s end.

10541

Recreation Planning

1,030

89,333

88,303

98.8%

8,333

Timing of expenditure was awaiting the outcomes of external grant applications. As of 28 February, grant deeds have now been finalised; and the scope and quote with preferred consultant is being finalised. The expected expenditure is now due in Q4.

10590

Naturaliste Community Centre

36,079

70,490

34,411

48.8%

630

The Naturaliste Community Centre was closed due to COVID-19 and, upon reopening, was subject to phased restrictions which limited the attendance numbers and therefore expenditure associated with City programs and services throughout the first two quarters. To date, the City is 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 the City is likely to see increased expenditure over the next few months in line with budget.

10591

Geographe Leisure Centre

188,001

258,486

70,485

27.3%

7,419

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

10600

Busselton Jetty Tourist Park

268,990

387,344

118,354

30.6%

37,300

The variance can be attributed to two outstanding monthly management fee invoices ($41,125 – runs one month in arrears), due to presentation and payment of the invoice. Other expenditure that has not occurred falling within Materials & Contracts are related to non-scheduled maintenance, garden maintenance, purchase of materials, and savings in cleaning materials and disposal of waste fees.

 


 

10630

Economic and Business Development Administration

12,716

66,591

53,875

80.9%

6,027

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, the City budgets for advertising and marketing, but need to wait for relevant opportunities to arise throughout the year that may not necessarily align with budget timing.

10980

Other Law, Order & Public Safety

 -

149,792

149,792

100.0%

149,792

Payment to Surf Lifesaving WA delayed.  As at 28 February, awaiting signed Deed of Service.

Expected expenditure is now due in Q4.

11151

Airport Operations

97,217

232,413

135,196

58.2%

9,541

The budget variance YTD includes the key allocations of:

1.         security screening of $45K not spent;

2.         contractors - $44K for tree clearing not completed/expended;

3.         the remainder of the variance relates to commitments for:

·                car park design, line marking, repairs and maintenance of approximately $24K;

·                runway line marking and turn pad design of approximately $8K;

·                airside fencing and apron lighting repairs of approximately $4K;

·                general grounds maintenance and improvements of approximately $10K.

B1361

YCAB (Youth Precinct Foreshore)

22,321

37,912

15,591

41.1%

(96)

Operating grants forecast were not available as planned and therefore associated expenses did not occur. Alternative funding was sourced to run a program in Dunsborough which commenced in February, when expenses to deliver will start to be seen.

Planning and Development Services

732,363

1,333,839

601,476

45.1%

96,404

10820

Strategic Planning

129,693

161,616

31,923

19.8%

20,202

Estimated revenues (re-zonings, structure plans) and anticipated consultant contracts (for specialised works seen as likely to be needed for scheduled City projects) are often quite difficult to predict as they are subject to third-party intentions and initiatives, or competing demands and task allocation/prioritisation at the City.

10830

Environmental Management Administration

223,685

337,430

113,745

33.7%

(9,601)

Expenditure variance due to:

1.         Timing of Barnard Park East management plans contract, due April 2021, pending completion of upgrade works;

2.         Lower Vasse River sediment removal and groundwater investigations were delayed, now due May 2021;

3.         Carbunup reserve contaminated site investigations due May 2021.

10920

Environmental Health Services Administration

839

26,115

25,276

96.8%

110

YTD budget includes error of $5,000 extra within 3280 (Contractors), Contractor allocation of $5,000 to implement audit outcomes now completed in house. Traditional pre-summer assessment of sound level meters revealed little to no faults requiring repair due to 2020 COVID event cancellations.

10922

Preventative Services – Mosquitoes

18,774

31,917

13,143

41.2%

12,221

$5K allocated to consultancy was meant to be for a review of the City’s Mosquito Strategy, however this was completed in house.  This money will now not be utilised this financial year. There is also an $8K underspend in chemicals, however this may be due to a calculation and reconciliation error in relation to trust and reserve funds able to be utilised.  This is being investigated and may be rectified in March/April.

10925

Preventative Services – CLAG

119,098

57,664

(61,434)

(106.5%)

83

Due to the much earlier and more significant onset of the Ross River Virus threat, extra chemical applications, transport, etc were required. Permission was received from the Department of Health to draw extra trust funds for these purposes (see positive variance in Other Income section above). Full reconciliation of the CLAG budget will occur by the end of the financial year.


 

10931

Protective Burning & Firebreaks –Reserves

37,016

362,592

325,576

89.8%

43,934

Mitigation work is heavily weather reliant. Grant funding is provided by State government in a lump sum payment and is not reflective of timing on mitigation expenditure. Implementation of mechanical and chemical programs across the approved grant application treatments commence at the beginning of May. Outstanding payments to Brigades for burning completed in spring has not been made to reflect in YTD; purchase orders have been processed and are outstanding as commitments. 

11170

Meelup Regional Park

53,634

117,397

63,763

54.3%

4,487

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-March 2021, due to initial request for services not attracting a suitable service provider.

B1010-B1028

Bushfire Brigades – Various

66,990

101,712

34,722

34.1%

11,903

Emergency operations dependant. YTD will vary according to operational requirements.

Engineering and Works Services

5,610,770

7,194,994

1,584,224

22.0%

321,214

12600

Street & Drain Cleaning

179,127

291,824

112,697

38.6%

17,717

YTD expenditure for these services are tracking at a lower rate than in previous financial years. 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. There is also $243K in committed costs associated with future planned and scheduled maintenance of this type. This budget will be fully expended by 30 June.

12620 & 12621

Rural & Urban Tree Pruning

98,885

252,000

153,115

60.8%

18,247

Expenditure for pruning and the removal of dead trees and debris was being withheld to the value of $247K to help offset storm damage clean-up costs incurred in relation to the May 2020 storm. A total of $403K in Contractor based clean-up costs were incurred post 30 June with these costs coded against the individual roads impacted. In February, it was confirmed that the City had secured storm claim reimbursement revenue, thus this budget is now available to be utilised. Contractor availability will now determine if the backlog of works can be completed by 30 June. It is anticipated that all of the annual budget will be utilised.

Various

Bridge Maintenance

18,514

120,808

102,294

84.7%

12,153

Expenditure on Bridge Maintenance activities was also withheld to the value of $105K to help offset May 2020 storm damage related costs. Now that it has been confirmed that the City will secure reimbursement for storm damage, this budget has been reinstated. Contractor availability will now determine if works temporarily put on hold can be completed by 30 June. There are $95K in commitments that represent planned works or works that are currently in the process of being completed.

Various

Building Maintenance

879,527

947,384

67,857

7.2%

(17,319)

The year to date variance associated with Building Maintenance decreased by $17K in February from January. Scheduled maintenance activities on buildings primarily occur in the second half of the financial year outside of peak periods to minimise the impact to users of those facilities. Hence the year to date variance to budget will continue to trend lower to 30 June.

Various

Other Infrastructure Maintenance

719,802

1,170,994

451,192

38.5%

46,494

This category encompasses the consolidation of 84 separate and unique services delivered broadly across the City. It 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; cycleways and footpaths, etc. The $451K expenditure variances for February is mostly attributable to timing with the budget having been evenly spread across the financial year. There is also $453K in committed costs that represents works currently being undertaken or works yet to be invoiced.  Material & Contractor costs associated with the majority of these areas is forecast to increase closer to the end of the financial year.

 


 

Various

Waste Services

1,259,417

1,770,472

511,055

28.9%

92,432

The YTD under expenditure to budget for Waste Services Consolidated is attributable to many factors including the following:

·        $63K favourable variance associated with the processing of the Green Waste stockpiles. This will occur prior to 30 June based on contractor availability. A Request for Quotation (RFQ) has been issued.

·        $49K favourable variance associated with the postponement of the FOGO trail. These funds will be retained in the Waste Reserve.

·        $73K favourable variance associated with contamination site costs where at the time of budget preparation annual costs were unknown; investigations are ongoing.

·        Approximatley $80K in relation to the timing and processing of the monthly recycle (yellow top) bin invoices i.e. the February service costs will be processed into March.

·                Approximately $20K in relation to the timing and processing of the monthly Cleanaway General Waste disposal invoice. The February service costs will be processed into March.    

Various

Roads Maintenance

678,278

220,312

(457,966)

(207.9%)

39,946

The higher than normal costs are largely associated with storm damage clean-up costs stemming from the May 2020 storm events, where there has been $403K in extraordinary Material & Contractor costs incurred against Road Maintenance. In February the City was notified that it will be in receipt of reimbursements that effectively cover and offset against this overspend. The Road Maintenance budget is being carefully managed exclusive of storm-related costs that have been reimbursed.

Various

Reserve Maintenance

866,275

1,202,029

335,755

27.9%

38,342

Materials & Contracts costs associated with Public Open Spaces are historically lower in the cooler first months of the  financial year – July through to September - with expenditure patterns starting  to increase through October to December then spiking through January to April before beginning to moderate lower again after the Easter public holidays.  Going against the trend actual costs incurred in February totalled $127K against a monthly budget of $149K further adding to the favourable position. Included in the YTD variance is a one-off non-cash stock adjustment made against Materials & Contracts reducing expenditure against budget by $106K. Of note, there is $355K of committed costs representing planned expenditure to occur in future periods – this will significantly reduce the underspend variance.

5280

Transport - Fleet Management

895,481

1,197,507

302,026

25.2%

53,264

Fuel was underspent by $175,517 YTD due to delays in processing invoices due to fleet staff absences, lower fuel cost and lower vehicle utilisation. Tyre purchase was underspent by $1,612 YTD, replacement parts/tooling/contractor costs were underspent by $128,121 YTD due to supplier delays in processing invoices.  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.    Other Expenditure

$1.1M, or 41.7%, 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

$

Executive Services

49,612

76,976

27,364

35.5%

7,257

10001

Office of the CEO

49,356

76,976

27,620

35.9%

7,513

Underspends exist in the donations contributions and subsidies budget ($8K), CapeROC budget ($6K) and the CEO Discretionary Budget ($13K).

Finance and Corporate Services

509,287

620,176

110,889

17.9%

16,294

10000

Members of Council

304,733

364,060

59,327

16.3%

7,597

Timing variances exist in relation to the payment of elected member allowances and reimbursements.  The bulk of this ($30K) is related to timing variances in payment of sitting fees. The remainder is related to underspends in the elected members training budget ($14K), no expenditure against the Council holding account ($8K), and timing variances for expense reimbursements which are difficult to predict when budgeting. 

10700

Public Relations

46,853

77,816

30,963

39.8%

7,989

The underspend variance is related to a reduced payment to BASSCA this year given COVID-19 and no school exchanges, the cancelling of the Mayoral Breakfast and a reduced spend associated with functions such as the launch of Jetstar flights.

Community and Commercial Services

751,834

1,651,836

900,002

54.5%

19,069

10530

Community Services Administration

367,475

476,254

108,780

22.8%

(17,324)

Invoices from Royal Lifesaving have not yet been received for services rendered YTD.

10532

BPACC Operations

11,668

35,000

23,332

66.7%

5,000

Low cost marketing materials have been developed to date and until construction is secured under the tender no large investments in event attraction are likely to be made.

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.

10550

Forrest Rally

 -

12,500

12,500

100.0%

12,500

Forrest Rally organisers have advised that the event will not be proceeding from 2020/2021 onwards, therefore these funds will not be expended.

10567

CinefestOZ

80,000

120,000

40,000

33.3%

 -

YTD variance is due to the sponsorship contract being varied due to a 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.

10625

Art Geo Administration

3,294

18,676

15,382

82.4%

128

Underspend is offset by additional wages due to in house production of marketing, promotional and interpretation work.

10591

Geographe Leisure Centre

19,599

29,852

10,253

34.3%

3,194

The underspend variance is a combination of delayed advertising promotions for membership sales due to COVID and the delay in invoices being processed against purchase orders raised late last year for adverts.  As of February there was $9K committed, pending invoices, with the remaining budget to be utilised towards the EOFY.

 


 

10630

Economic and Business Development Administration

2,440

21,035

18,595

88.4%

1,932

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, including valuations as more often than not they depend on interactions with outside third parties for development opportunities and collaborations. For example, the City budgets for marketing and promotions, but need to wait for relevant opportunities to arise throughout the year that may not necessarily align with budget timing. It should be noted that a large portion of the total annual budget ($55K) relates to cruise ship visitor servicing ($38K), which due to the effects of COVID-19 is unlikely to be spent by the end of the financial year.

10634

Business Support Program

61,022

71,264

10,242

14.4%

(3,592)

There are a number of grants that are being finalised by applicants. Once these have been completed, then the City will pay out the grant funds. There is also an amount of $19K that has not been allocated from the total annual budget that will be reflected in the YTD variance.

11151

Airport Operations

76

414,085

414,009

100.0%

52

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

Planning and Development Services

137,028

130,107

(6,921)

(5.3%)

(22,250)

10805

Planning Administration

29,148

40,000

10,852

27.1%

5,000

This variance relates to the façade refurbishment program which is not likely to have any additional projects / work costed to it this financial year as the City has not run the program as per normal because of unusually high workloads caused by the building stimulus.

10931

Protective Burning & Firebreaks-Reserves

1,550

11,720

10,170

86.8%

1,465

Due to the limited seasonal burning opportunities, the budget for catering for the crews has not been spent as expected YTD.

10942

Bushfire Risk Management Planning – DFES

23,466

 -

(23,466)

(100.0%)

-

This represents repayment of unspent 19/20 BRMP grant funds.

Engineering and Works Services

99,899

177,092

77,193

43.6%

2,983

B1223

Micro Brewery - Public Ablution

60,000

120,000

60,000

50.0%

 -

The City’s fund contribution to the construction of these ablutions is due to be paid upon receipt of invoice from the company.  Final inspection of the toilet facilities is expected in late March, after which the invoice should be forthcoming. 

G0042

BTS External Restoration Works

17,696

33,336

15,640

46.9%

4,033

Awaiting the latest invoice(s) associated with the latest round of groundwater sampling.

 


 

5.    Non-Operating Grants, Subsidies & Contributions

The negative variance of $4.4M is mainly due to the items in the table below. It should be noted that apart from the first two items in the table (the Locke Estate Contributions variance is due to COVID hardship deferral relief), any negative variance in this area will approximately correlate to an offsetting variance in a capital project tied to these funding sources. This can be seen in the section below that outlines the capital expenditure variances. The positive variances generally relate to budget timing, i.e. the funds are usually brought to account during the end of financial year reconciliation process, so hence are budgeted in June.

Revenue Code

Revenue Code Description

Actual YTD

$

Amended Budget YTD

$

Variance
YTD
$

Variance
YTD
%

Change in Variance Current Month

$

Finance and Corporate Services

46,678

56,000

(9,322)

(16.6%)

10,678

R0288

Locke Estate –

Leaseholder Contributions

46,678

56,000

(9,322)

(16.6%)

10,678

Community and Commercial Services

 -

38,851

(38,851)

(100.0%)

(38,851)

C6025

Installation of Bird Netting – State Capital Grant

 -

38,851

(38,851)

(100.0%)

(38,851)

Planning and Development Services

10,592

 -

10,592

100.0%

 -

B1025

Yallingup Coastal Bushfire Brigade – Donated Assets

10,592

 -

10,592

100.0%

 -

Engineering and Works Services

4,150,656

8,493,435

(4,342,779)

(51.1%)

(649,102)

A0025

Tuart Drive Bridge 0238 – Federal Capital Grant

 -

170,330

(170,330)

(100.0%)

 -

B9407

Busselton Senior Citizens – Developer Cont. Utilised

595,306

162,479

432,827

266.4%

 -

B9591

Performing Arts Convention Centre – Developer Cont. Utilised

 -

3,000,000

(3,000,000)

(100.0%)

 -

C0059

Dunsborough Yacht Club Carpark – Developer Cont.

60,000

 -

60,000

100.0%

 -

C1026

Townscape Works Dunsborough – State Capital Grant

10,000

 -

10,000

100.0%

 -

C3116

Dawson Park (McIntyre St POS) – Developer Cont.

 -

77,467

(77,467)

(100.0%)

 -

F1002

Dual Use Path - Dunsborough to Busselton – State Capital Grant

64,000

 -

64,000

100.0%

 -

F1022

Buayanyup Drain Shared Path – State Capital Grant

 -

213,336

(213,336)

(100.0%)

(26,667)

S0005

Ludlow Hithergreen Road - Second Coat Seal –

Main Roads Capital Grant

180,000

300,000

(120,000)

(40.0%)

(37,500)

S0048

Bussell Highway – Developer Cont. Utilised

200,000

333,336

(133,336)

(40.0%)

(41,667)

S0070

Peel & Queen Street Roundabout Service Relocation –

Developer Cont. Utilised

120,000

550,000

(430,000)

(78.2%)

(310,000)


 

S0073

Gale Road Rural Reconstruction –

Federal Capital Grant

515,811

914,992

(399,181)

(43.6%)

(114,374)

S0074

Causeway Road Duplication – Developer Cont. Utilised

800,000

300,000

500,000

166.7%

 -

S0075

Local Road and Community Infrastructure Program –

Federal Capital Grant

480,935

525,483

(44,548)

(8.5%)

 -

S0076

Kaloorup Road (Stage 1) – Main Roads Direct Grant

106,800

 -

106,800

100.0%

 -

T0020

Capel Tutunup Road –

RTR Capital Grant

 -

951,152

(951,152)

(100.0%)

(118,894)

W0067

Ford Road Reconstruct and Asphalt Overlay – Main Roads Direct Grant

10,875

 -

10,875

100.0%

 -

W0121

Geographe Bay Road Quindalup –

Developer Cont. Utilised

12,000

 -

12,000

100.0%

 -

 

6.    Capital Expenditure

As at 28 February 2021, there is an underspend variance of 47.4%, or $13.6M, in total capital expenditure, with YTD actual at $15.1M against the YTD amended budget of $28.8M. 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

$

Land

 -

50,000

50,000

100.0%

 -

10610

Property Services Administration

 -

50,000

50,000

100.0%

 -

The budget represents funds allocated for costs associated with potential strategic land purchases in the City of Busselton. To date, there have been no expenses incurred, as potential transactions have not progressed beyond informal discussions.

Buildings

2,899,541

3,627,100

727,559

20.1%

(131,693)

B9516

Busselton Library Upgrade

584,575

603,000

18,425

3.1%

(98)

Library works completed. Balance of funds to be directed to fit-out items.

B9300/1/2

Aged Housing Capital Improvements

51,489

144,800

93,311

64.4%

9,985

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, but plans are in place to obtain quotes now and carry out the works in anticipation of the creation of the lots.

B9407

Busselton Senior Citizens

625,483

738,128

112,645

15.3%

(5,150)

Works were completed in September. The savings against budget are being reviewed for potential use on roof replacement and carpark works. Works have been re-scoped based on preliminary estimates to reduce costs of roof replacement.

B9534

Community Resource Centre

11,315

 -

(11,315)

(100.0%)

(3,475)

$11.3K in Capital costs have been incurred against the Community Resource Centre YTD. The $50,000 Capital budget for this facility was loaded into June as works had not been scheduled and thus this is a timing variance only. Some costs incurred have been found to be under the Capitalisation threshold and are thus required to be written off in the year in which they have been incurred, to this end a Journal will be processed in March to reallocate these costs accordingly.   

B9558

Churchill Park -  Change Room Refurbishment

 -

21,000

21,000

100.0%

 -

Works are scheduled to be completed before the end of the financial year. Procurement for roof sheeting is currently underway.

B9591

Performing Arts Convention Centre

1,276,477

1,402,848

126,372

9.0%

(176,035)

Regional Growth Fund milestones are under review pending funding extension confirmation. Design contract program extension pending. Budgeted cash flow has been reviewed, with works now scheduled for commencement in June 2021.

B9596

GLC Building Improvements

60,584

327,768

267,184

81.5%

37,738

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

B9606

King Street Toilets

47,781

30,688

(17,093)

(55.7%)

5,116

Stage 1 works completed. Minor additional works undertaken in this period to improve accessibility to new viewing platform. The proportion of the project carried over from prior years is now completed and is overspent compared to the total budget by $3,035, representing 6%. The YTD budget represents an even spread over the financial year and thus the $17K YTD variance is attributable to timing and will clear closer to 30 June.

B9607

General Buildings Asset Renewal Allocation (Various Buildings)

79,984

100,000

20,016

20.0%

(1,250)

This budget was assigned for various Capital works as identified as per the City’s Building Asset Management Plan. To date, $28k has been outlaid for much needed roofing, ceiling, lighting and water filtration renewal works at the Yoongarillup Hall. A further $14k has been spend on resolving an issue regarding Dunsborough Sports field lighting. Some costs incurred have been identified as maintenance; under the Accounting Standards capitalisation threshold and thus will be reallocated to appropriate Operational accounts accordingly. Some costs incurred are also not categories correctly as being in relation to Building Infrastructure and will also be moved so as not to contravene the rules governing the Building Reserve and its purpose statement. It is still anticipated that the majority of this budget allocation will be utilised for Building Renewal works as at 30 June.

B9608

Demolition Allocation

(Various Buildings)

2,011

12,500

10,489

83.9%

 -

Funds have been allocated to partial demolition of the Weld Theatre by the end of the financial year, in preparation for its integration with the BPACC.

B9610

Old Butter Factory

131,549

 -

(131,549)

(100.0%)

(1,280)

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

B9612

Churchill Park

Renew Sports Lights

 -

140,000

140,000

100.0%

 -

A review of consultants work to date is being undertaken, with a decision to be made Feb/March with Council if this site is the subject of a grant application to the State Government.  If yes, application to be submitted and funds to be carried forward; if not, funds to be spent this financial year.

B9711

Busselton Airport – Building

 -

15,000

15,000

100.0%

 -

Small capital works projects to be completed either prior to Jetstar flights commencing or by the end of the financial year.


 

B9717

Airport Construction - Existing Terminal Upgrade

 -

28,536

28,536

100.0%

3,567

As per above.

B9809

Busselton Jetty Tourist Park Compliance Works

3,600

40,000

36,400

91.0%

 -

Compliance electrical works to be completed by the end of the financial year.

Plant & Equipment

888,978

2,364,896

1,475,918

62.4%

318,839

10372

Dunsborough Cemetery

 -

20,000

20,000

100.0%

 -

The budget is for maintenance trailers for the cemetery, both for grave shoring equipment and watering equipment, as well as fencing and turf upgrades. The delay in procurement of these items is due to current workloads of relevant staff and other projects taking a higher priority to date.

11106

Street Lighting Installations

17,300

 -

(17,300)

(100.0%)

 -

The expenditure represents a storage container for the lighting equipment. The budget for the whole activity has been entered against one operational line incorrectly, rather than being split according to operational maintenance, capital upgrade, and one-off asset purchases such as this.

11156

Airport Development Operations

172,865

188,736

15,871

8.4%

23,592

The YTD variances for 11156 was for the baggage handling system, the under spend of $15,871 will be taken up by commitments of $42,192 for works still to be completed.

11160

Busselton Jetty

29,977

15,000

(14,977)

(99.8%)

(17,523)

In February there was $17.5K in unplanned expenditure for an Uninterrupted Power Supply (UPS) for the Underwater Observatory (UWO) lift. This has resulted in the variance to budget for the Jetty. This cost will be reassigned via a journal against the UWO Cost Code in March. This will be funded from the Jetty Reserve.

11401

Transport – Workshop

10,410

30,000

19,590

65.3%

 -

Delivery of upgrades to repeater at communications tower still in progress.

11402

Plant Purchases (P10)

321,201

1,420,000

1,098,799

77.4%

300,000

Generators at DWF pond and cell – not yet replaced.  Site and operations under review.  Manager’s vehicle also yet to be ordered/delivered. Waste truck side loader ordered, delivery expected in July.  Wheel loader delivered, invoice still to be received. Waste compactor semi-trailer purchase deferred indefinitely pending waste plan.

11403

Plant Purchases (P11)

46,995

195,000

148,005

75.9%

2,500

One vehicle ordered with delivery expected in April and one light truck ordered in December, delivery now expected in June.

11404

Plant Purchases (P12)

 -

114,000

114,000

100.0%

 -

One light truck ordered with delivery expected in July; concrete scarifier ordered with delivery expected in April.

11407

P&E - P&G Smart Technologies

 -

66,664

66,664

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.

B1025

Yallingup Coastal Bushfire Brigade

10,592

 -

(10,592)

(100.0%)

 -

Unbudgeted donated asset (offsetting revenue shown above – no actual cash outlay).


 

Furniture & Office Equipment

221,420

443,088

221,668

50.0%

(19,760)

10250

Information & Communication Technology Services

191,660

407,088

215,428

52.9%

 -

Whilst variance is currently high the budgeted amount is planned for expenditure. Some of the delayed projects (COVID impacts include consultancy availability, hardware supply chain and additional unplanned IT work) have been accelerated in the new year including the hardware refresh, phone line migration, single label domain, website builds and online payments. It is expected that the projects will make up time and currently do not plan for any carry overs.

Infrastructure By Class

11,126,065

22,286,516

11,160,451

50.1%

1,665,453

Various

Roads

6,425,098

10,810,862

4,385,764

40.6%

896,119

Capital projects with civil works are commonly scheduled to be carried out later in the financial year, in the drier summer/autumn 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. Major civil road construction works are now underway in numerous locations across the City. The large rural Gale Road project ($1.437m) has commenced but is estimated to come in under budget by approx. $300k due to competitive contractor pricing; contributing to the current variance. There will be a material underspent associated with the Peel & Queen Street Roundabout project (S0070) valued at $1.2m. Service relocation works are scheduled to comment after Easter on the Peel Terrace roundabout with stage 2 works at the Albert Street intersection to be completed in the following financial year.

Various

Bridges

 -

962,664

962,664

100.0%

120,333

Although Bridge renewal works will be done on both the Bussell Highway and Yallingup Beach Road bridges this financial year it is unlikely any expenditure will be recorded due to the timing on receipt of invoices received from Main Roads. Main Roads carry out these works on behalf of the City. Works on the Kaloorup, Boallia Road and Tuart Drive Bridges are now scheduled to commence in the 2022 Financial year. To this end an under expended variance to budget totalling $6.4M is anticipated come 30 June. All 5 bridge projects will represent carry overs.  

Various

Car Parks

943,142

1,259,364

316,222

25.1%

127,385

Car Park projects are generally progressing well although there is a $316k under expended variance to budget YTD. Half of the YTD variance is attributable solely to the Car Parking associated with the Barnard East Development. This project is currently out to Tender. A further 131k of the variance is associated with the Vasse Oval Gravel Car Parking area yet to be constructed out at Vasse Dawson.

Various

Footpaths & Cycleways

203,463

997,880

794,417

79.6%

106,583

The YTD variance associated with Footpath & Cycleway projects is primarily attributable to the Buayanyup Drain Shared Path project accounting for 53% or $424K of the YTD variance. The Bussell Highway Footpath Sections and the Dunsborough Centennial Park Projects contribute a further $143K and $100K towards the YTD variance respectively. The funds for the aforementioned projects have been earmarked to cover additional Queen Street Paving works that are categorised separately as Townscape projects.       

Various

Parks, Gardens & Reserves

3,406,939

7,493,552

4,086,613

54.5%

388,942

$1.07M or 26% of the YTD variance is attributable to the Dunsborough Lakes Sporting Precinct (Stage 1) project that is yet to get underway. The water network consisting of the bore, storage tanks and pipelines to supply the new facility continues to progress to plan. A further 28% or $1.1M of the YTD variance is attributable to upgrades of various parks across the City being funded from Cash in lieu of Public Open Space contributions. These projects will go out to market for contractor delivery as a consolidated package. Sanitation waste infrastructure which also falls under the “various” capital category contributes $582K to the YTD variance. A number of projects for a variety of reasons will represent carry overs or project relists into 2022.         

Various

Drainage

450

68,844

68,394

99.3%

6,275

There are only three small drainage related projects on budget this financial year.  Both the Glenmeer Ramble and Chugg Road Drainage Upgrade projects are scheduled to commence in the last quarter of the financial year.


 

Various

Regional Airport & Industrial Park Infrastructure

146,973

693,350

546,377

78.8%

19,815

Bird netting was due to start in January and the car park works have been completed but not invoiced as yet. 

The most significant part of the underspend relates to noise amelioration works which is funded from grant funds held in reserve.  This will be partially invoiced by the end of the financial year, but depending on construction timelines, the rest will need to remain on the Airport development budget for future noise amelioration.  Unspent funds will therefore remain in the reserve.

 

7.    Proceeds From Sale of Assets

YTD proceeds from sale of assets is $363K behind budget due to delays in delivery of acquisitions, and the associated transfer to auction of the vehicles being replaced. 

 

Also, aside from a significantly reduced capital replacement program in both light vehicles and heavy plant items, many existing items of plant that were due to be replaced have been retained in service to maintain operational requirements.

 

8.    Proceeds From New Loans

$7.5M of the budgeted proceeds of $7.7M are related to the planned drawdown on the construction loan for the BPACC. This project has been deferred in consultation with the Federal Government.  Construction is now planned to commence in July 2021.  Grant funding will start to be acquitted in the second half of 2021, as will the drawdown on the borrowing facility. 

 

The remaining $200K of the variance is offset by advances to community groups which have not occurred.

 

9.    Repayment of Capital Lease

The budget was being finalised during the first COVID lockdown. As such, the timing was not set as accurately as it could have. The timing difference YTD will rectify by the end of June.

 

10.  Advances to Community Groups

No applications have been approved to date.  The $200K positive variance is offset by the non-receipt of the associated loans funds that the City would receive for these on-lending purposes.

 

11.  Transfer to Restricted Assets

There is a YTD variance in transfers to restricted assets of $3.2M 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), 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 $2.2M has been received  YTD, the bulk of which are for road works bonds ($1.7M).

 

12.  Transfer from Restricted Assets

YTD there has been $1.6M transferred from restricted assets into the Municipal Account. This was mainly attributable to refunds of road work bonds of $1.2M, refund of hall deposits of $19K, Busselton Jetty Tourist Park deposit refunds of $342K, and other sundry refunds of $40K.


 

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 28 February 2021, the value of the City’s invested funds totalled $81.29M unchanged from $81.29M as at 31 January 2021. 

 

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 February, four term deposits totalling the amount of $11.0M matured. Existing deposits were renewed for a further 128 days at 0.30% on average.

 

The official cash rate remains steady for the month of February at 0.10%. 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 February 2021 are provided below to ensure there is appropriate oversight and awareness.

 

Date

Payee

Description

$ Amount

1/02/2021

PEARLE OF CABLE BEACH -ACCOMODATION DEPOSIT

RCAWA MEETING BROOME-

17-20 JUNE 21 - MIKE ARCHER

790.21

 

4/02/2021

VIRGIN AUSTRALIA

FLIGHT TO BROOME - RCAWA JUNE -GRANT HENLEY

3.22

4/02/2021

VIRGIN AUSTRALIA

FLIGHT TO BROOME -RCAWA JUNE -GRANT HENLEY

314.00

4/02/2021

PEARLE OF CABLE BEACH - ACCOMODATION DEPOSIT

RCAWA MEETING BROOME -17-19 JUNE 21 - GRANT HENLEY

634.59

11/02/2021

WESTERN GROWERS

ELECTORS MEETING  8/02/21 - CATERING

495.00

15/02/2021

THAI LEMONGRASS

DINNER - COUNCIL MEETING 10/02/21

400.00

19/02/2021

DUXTON HOTEL

ACCOMMODATION MIKE ARCHER - RCAWA MEETING- PERTH 18/02/21

238.00

19/02/2021

W CHURCHILL PERTH

RCAWA MEETING 18/02/21  -

MIKE ARCHER -FOOD & BEVERAGE

 52.00

22/02/2021

THE FLOWER PLACE BUSSELTON

FOR EXCELLENT PRESENTATION OF 150 YEARS LOCAL GOVT IN WA  EVENT

 100.00

23/02/2021

AUST INST.COMPANY DIRECTORS

RENEWAL OF MEMBERSHIP –

MIKE ARCHER*

605.00

 

 

 

3,632.02

*Funding from CEO’s professional development allowance.

 

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 the impacts of COVID-19 and are gradually being re-aligned. As at 28 February 2021, the City’s net current position stands at $18.3M. The City’s financial performance is considered satisfactory, and cash reserves remain strong.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Not applicable.  


Council

52

28 April 2021

12.2

Attachment a

Financial Activity Statement - YTD February 2021

 



















Council

54

28 April 2021

12.2

Attachment b

Investment Report - February 2021

 


Council                                                                                      62                                                                      28 April 2021

12.3           Finance Committee - 14/4/2021 - ADOPTION OF THE 2021/22 LIST OF FEES AND CHARGES

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Fees and Charges

BUSINESS UNIT

Finance and Corporate Services

REPORTING OFFICER

Finance Coordinator - Jeffrey Corker

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   Draft List of Fees and Charges for the 2021-22 Financial Year

 

This item was considered by the Finance Committee at its meeting on 14/4/2021, the recommendations from which have been included in this report.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

That the Council endorses the Fees and Charges as detailed in the “Schedule of Fees and Charges - 2021/22” as per Attachment A – Draft Schedule of Fees and Charges, effective from and including 1 July 2021.

 

EXECUTIVE SUMMARY

In accordance with Regulation 5(2) of the Local Government (Financial Management) Regulations, a local government is to undertake a review of its fees and charges regularly, and not less than once in every financial year. This report provides Council with a recommended Schedule of Fees and Charges to apply for the financial year commencing on 1 July 2021.

 

BACKGROUND

Each year, the City sets its fees and charges with the view of implementing any changes as of 1 July in any given year. City officers have reviewed each section of the fees and charges and have highlighted any areas of change, or reasons why no changes have occurred in comparison to the existing adopted listing.

As part of the annual review of the fees and charges, officers take into account matters including the cost to provide a service, market conditions and needs of the community. These inform the recommendations that will be made to the Council. These fees and charges recommended are in accordance with recent planning and discussions relating to the City’s Long Term Financial Plan. 

When Council adopts an annual budget, it may also set its fees and charges that will be imposed during a financial year. In order for the 2021/22 schedule of fees and charges to be effective from the commencement of the new financial year, the Council is required to adopt its schedule in advance of 30 June 2021, such that any statutory public notice periods (including gazettals where required) can be complied with.


 

OFFICER COMMENT

The 2021/22 Draft Schedule of Fees and Charges has been guided by a 2% general escalation over currently adopted fees and charges. Notwithstanding this, in some limited instances, this principle is not appropriate, with other factors also requiring consideration. The following provides an overview, by Directorate, of noteworthy instances where an increase has not been applied, whilst also discussing, where relevant, newly proposed fees and charges.

 

Planning and Development Services

Health Related Fees

·        Noise Monitoring Fees

These fees have not been increased due to the maximum statutory fee for the Regulation 18 process being $1,000.  In order to retain the graduated approach to the fee structure, it is recommended that all fees within this section remain the same.

 

Town Planning Related Fees

·        Provision of Written Advice

This fee has not been increased as it is statutory fee listed under the Planning and Development Regulations at $73 and cannot have an increment increase applied.

 

Engineering & Works Services

Waste Disposal and Sanitation Fees

·        General

A number of fees have been increased above the 2% rate, primarily at the Busselton Facility, to make the charges consistent with those of the Dunsborough Waste Facility. This ensures fairness and equity across the sites.

 

·        Disposal of Tyres

The charges for the disposal of tyres have increased, some very significantly. This has been necessitated by the charges levied by the sole remaining contractor able to appropriately recycle the material.

 

·        Unsorted Mixed Waste including Recyclables (not containing Asbestos)

A new category has been made to provide clarity, with the wording altered accordingly.

 

·        Other Commercial Waste – Dunsborough Only

The charges for the disposal of Liquid Waste / Sewerage has been increased by more than 2% as a disincentive to discourage the use of the Liquid Waste Ponds, therefore prolonging the life of the existing facility.

 

Finance & Corporate Services

Administration / Miscellaneous Fees

·        City of Busselton License Plates

No change to price required, customers expect a historical $450 price.

 

Rates & Finance Charges

·        Rates / Property Related Matters

Some wording amended so that it better matches the nature of the fee.


 

·        Financial Transactions

Fee on Rejected Payments – the wording has been clarified and the amount reduced to $15. The value being charged by the City’s bank on the EasyRate payments is less than expected and the previously adopted fee is now considered unreasonable, therefore officers have recommended a reduction.

 

Cemetery Fees

·        General

All cemetery fees have been kept at 2020/21 levels. City of Busselton charges are above the average for similar councils and cover all costs associated with the works. Additionally, given the current global climate and pandemic, it is considered improper to increase fees relating to burials etc.

Community & Commercial Services

Events & Casual Ground Hire

·        Community Use of Sports Grounds

Change of description to “Community Usage – per full day (excluding schools within the City of Busselton)”. The City only offer free use for local schools, not schools outside of the City of Busselton. This was not previously reflected clearly in the list of fees and charges.

 

Events – Equipment Hire & Signage

·        Hire of Electronic Events Billboard (per 2 week period)

Current large and event signage fees will be replaced with a new electronic events billboard fee when the billboard is installed and operating. The cost is higher than current charges as hirers will no longer have the additional costs to display using skins. Two week blocks of hire would be the most efficient way of administering the fee.

 

·        Foreshore Kiosk Permit – Busselton Foreshore

A new fee “Application for Kiosk Permit renewal” has been introduced for existing permit holders to renew their permit and not have to pay the full fee associated with an application for a new permit.

 

ArtGeo Cultural Complex

·        Complex and Exhibition Hire General

A number of fees are proposed not to be increased. All ArtGeo Complex fees were thoroughly reviewed and adjusted for the current financial year. The impact of COVID-19 on the creative industry has affected hire demand and ability. The forthcoming Busselton Performing Arts and Convention Centre build could also have an effect on generating engagement and use throughout the precinct.

 

The “Railway Hall per week” fee has been renamed to “Ballaarat Room” to reflect the change in name.

 

·        Commission Rate on Art Sales

The Resident artist commission fee of 10% is to be removed as it is insufficient to cover costs to administer it. Resident artists will be subject to the commission fees of rostered artists.

 

 

·        Commission Rates on Exhibition and Art Sales

The wording is to be changed to be inclusive of GST (not exclusive). This seems to be an historical error, as both these commissions have always been processed on the sale which is inclusive of GST.

 

·        Ballaarat Room Exhibition Hire

The previous separate category of fees associated with the Ballaraat Room has been removed as they are now included within the ArtGeo Cultural Complex Hire fees.

Library Charges

·        General

The colour printing charge will be reduced to $1 from $2. High numbers of complaints from customers are indicating this price is now considered too high. Print costs have reduced since this fee was first introduced as new printers are much more economical. Benchmarking with other libraries and the limited number of local retailers showed $1 per colour print is now the most common rate. As this service is highly used by low income earners or those receiving benefits, a reduction in price makes this service more affordable for those in need.

 

·        Sale of Discarded Local Stock

All previous sub-categories of Discarded Local Stock, along with their individual pricing, have been amalgamated into a single line with the price at the point of sale to be determined depending upon prevailing market conditions. Book sales are held throughout the year and each sale is different depending on the level of stock for sale at the time. Greater flexibility to vary pricing subject to stock availability and condition is required. A market rate would also be more equitable with markets and book stores selling second hand books, videos and CDs.

Busselton-Margaret River Regional Airport

·        General

o   Passenger Facilitation Fee for Open & Closed Charter Flights utilising the terminal building (per departing passenger) increased from $20 excluding GST to $22 excluding GST (+10%) due to not being increased for 5 years.

o   All Aircraft landing fees have not been increased by 2%. This is to encourage BMRA usage for categories of aircraft. Comparison against WA regional airport landing fees shows that BMRA fees are in line with other WA regional airports.

o   The “General Aviation hardstand parking only” fee has been increased by 10% due to market value charged at other regional airports in WA.

o   Car Parking Fees for both the Public Car Park and FIFO charges have not been increased, as these fees were reviewed and new charges implemented in February 2020.

o   The “Lost parking validation ticket” fee has been increased by 17.65% due to an increased number of patrons using the car park for longer periods of time finding it cheaper to claim a lost ticket than to pay the correct fee for the parking period.

o   The “Car park frequent user swipe card refundable fee” (fully refundable) was introduced for FIFO patrons to use a swipe card system and receive a lower fixed daily parking rate due to being frequent users of the car park.

o   The “Airport reporting officer after hours call out” fee has been increased by 10.39% due to increased staffing costs and market rate charged at other regional airports in WA.

o   The “Airport reporting officer airside assistance /escort” fee has been increased by 16.28% due to the market value charged at other regional airports in WA.

Busselton Jetty Tourist Park

·    General

o   The “Extra Child per night” and “Extra Adult per night” fees have been increased by $1 each (rather than the 2% CPI incremental amount) representing a 4.76% and 7.14% increase respectively.   

o   The overnight and weekly rates for the Basic Cabins have not been increased by the full 2% CPI rate due to the ageing condition of the cabins.

o   The overnight and weekly rates for Non-basic cabins have been increased by in excess of the 2% CPI rate due to market comparisons. A GST listing error contained solely within the spreadsheet for these two categories has been corrected.

o   Linen hire charges have been increased by greater than the 2% CPI rate to reflect increases in charges from contractors.

o   The “Additional charge for electricity use for caravan air conditioners” has increased from $12 to $14 per day to reflect increases in electricity prices.

Hire Facilities – All

·        Facility Hire Bonds

Bond amounts to remain unchanged as considered reasonable.

 

·        Undalup Room

A new fee of $80.00 to hire the new 3-panel stage is proposed. Current local event hirers charge $150 to hire a stage.

 

·        Miscellaneous Facility Fees

A new fee is included for the Marking out of Services. Bookings who request to erect bouncy castles, tents or marquees on a public open space / reserve require a staff member from the City Irrigation Team to mark out underground reticulation & power/water services in the location of the structure to ensure pegs do not damage pipes.  The City has not charged for the service in the past and suggest to charge $50.00 per booking.

 

·        Churchill Park Hall

The Community Group, Commercial/Private and Registered Charity hourly hire fees have been amended to align with existing fees at High Street Hall. The fees at Churchill Park Hall were slightly higher for no reason, so these will now be the same hourly rate as High Street Hall.

 

·        Ground / Court Hire

The fee for “Extraordinary Cleaning as required or by arrangement” has been listed to ensure clarity that it can be charged to users of these particular Hire Facilities.

 

·        Variety of Hire facilities

The fees for a variety of Hire facilities including High Street Hall, Yallingup Hall, Yoongarillup Hall, the Undalup Function Room, Busselton Community Resource Centre, Busselton Youth and Community Activity Building, Ground Hire, Court hire and the Outdoor Exercise Sites have not been increased. COVID-19 has impacted hire rates and the usage of these facilities. With a large part of venue hire being through community groups, any increase would be detrimental to all parties. Venue bookings have just started to increase again and fees will be reviewed in next year’s budget.


 

Geographe Leisure Centre

·        Swimming Pool – Local regular not for profit user groups

No increase to $5 fee is recommended. Restricted lane space availability and rebuilding relationships with user groups, who have communicated issues with current fees for lane hire.  An increase to this fee would create further financial issues for clubs at this time.

 

·        Personal/Group Training

Some changes to wording has been made and three new charges included as follows:

o   PT School program entry per student (minimum 8 students session) $8.00

o   Boot camp – cost per session/term based (minimum 6 people) $11.00

o   Personal Training – 1 hour session with Trainer (1 on1) $65.00

 

·        Sports Stadium – Casual Basketball

No increase to fees are recommended as the majority of users are youths and we want to encourage them to participate.

 

·        Crèche/Activity Room – Vacation Care Program

The increase approved for the Vacation Care Program fee to $77 was not applied in 20/21 due to COVID-19. It would not be appropriate to increase this fee further again this financial year, but instead it is recommended that it remain at $77. This fee has been benchmarked against other programs and is comparable.

        

·        Full Membership – Membership Cancellation Administration fee

No increase is recommended so as to remain as stated on terms and conditions on membership application and forms.

Naturaliste Community Centre

·        Group Fitness - Membership Cancellation Administration fee

No increase is recommended so as to remain as stated on terms and conditions on membership application and forms.

 

·        Stadium – Casual Basketball

No increase to fees are recommended as the majority users are youth and we want to encourage them to participate.

 

·        Multi-Purpose Activity Room (Half)

Listed fees for the “Hire of the Ceiling Projector” have been amended to one flat rate only.

               

·        Vacation Care Program

The increase approved for the Vacation Care Program fee to $77 was not applied in 20/21 due to COVID-19. It would not be appropriate to increase this fee further again this financial year, but instead it is recommended that it remain at $77. This fee has been benchmarked against other programs and is comparable.

 

·        Stage Hire

No fee increase is recommended as it is generally hired for fundraising events and there are no overheads associated with the hire.

 

·        NCC Grounds Hire

Removal of fees associated with Community and Commercial class and casual use per hour as they provided unnecessary complexity to the fee structure.

 

Statutory Environment

Sections 6.16 to 6.19 of the Local Government Act 1995 (the Act) refer to the imposition, setting the level of, and associated administrative matters pertaining to fees and charges. The requirement to review fees and charges on an annual basis is detailed within Regulation 5 of the Local Government (Financial Management) Regulations.

 

Section 6.16 of the Act states that a local government may impose and recover a fee or charge for any goods or services it provides or proposes to provide, other than a service for which a service charge is imposed.

 

Section 6.17 of the Act further states that in determining the amount of a fee or charge for goods and services, a local government is to take in to consideration the following factors:

a)         The cost to the local government of providing the service or goods;

b)        The importance of the service or goods to the community; and

c)         The price at which the service or goods could be provided by an alternative provider. 

 

Section 6.18 of the Act clarifies that, if the amount of any fee or charge is determined under another written law, then a local government may not charge a fee that is inconsistent with that law.

Relevant Plans and Policies

There are no relevant plans or policies to consider in relation to this matter, other than the Long Term Financial Plan which is discussed in the subsequent Financial Implications section.

Financial Implications

Whilst revenue from fees and charges includes items that the Council has no authority to amend (statutory charges set by external bodies), it is important that, where possible, controllable fees and charges are appropriately indexed on an annual basis, to assist in offsetting the increasing costs of providing associated services. This may include increases beyond normal indexation in particular cases, in line with section 6.17 of the Act.

The Council’s current Long Term Financial Plan reflected an annual increase in Fees and Charges revenue of 2.0%. This will be reflected in the 2021/22 budget and included in future revisions and development of the Long Term Financial Plan.

Stakeholder Consultation

Business Unit Managers are responsible for reviewing fees and charges associated with activities under their control. As part of the review process, consultation may occur with other local government authorities, in addition to a review of prices offered by alternate service providers (pursuant to section 6.17 of the Act).

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

Council may recommend amendments to the Draft Schedule of Fees and Charges as it deems appropriate.

CONCLUSION

As part of the annual review of fees and charges, the currently adopted fees and charges have been reviewed in line with the requirements of the Local Government Act 1995 and other relevant legislation as applicable. Consequently, it is recommended that Council endorses the Draft Schedule of Fees and Charges for 2021/22 as proposed.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Consequent to adoption by the Council, the Schedule of Fees and Charges for 2020/21 will become effective from and including 1 July 2021.


Council

95

28 April 2021

12.3

Attachment a

Draft List of Fees and Charges for the 2021-22 Financial Year

 


































Council                                                                                      99                                                                      28 April 2021

12.4           Finance Committee - 14/4/2021 - APPLICATION FOR RATE EXEMPTION - RELATIONSHIPS AUSTRALIA WA INC

STRATEGIC GOAL

6. LEADERSHIP Visionary, collaborative, accountable

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Exemptions & Appeals (Rates)

BUSINESS UNIT

Finance and Corporate Services

REPORTING OFFICER

Rates Coordinator - David Nicholson

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   Rate Exemption Application With Letter

Attachment b    Rate Exemption Application Statutory Declaration

 

This item was considered by the Finance Committee at its meeting on 14/4/2021, the recommendations from which have been included in this report.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

That the Council:

1.         Grant rate exemption to Relationships Australia WA Inc. on 93 Duchess Street, Busselton, effective 9 November 2020 under section 6.26(2)(g) of the Local Government Act 1995; and

 

2.         Agree that this rate exemption is to continue where Relationships Australia WA Inc. confirm in writing by 30 April annually that they continue to lease and use the property for the purposes stated in the application.

 

EXECUTIVE SUMMARY

An application has been received from Relationships Australia WA Inc. (RAWA) for rate exemption on a leased property at 93 Duchess Street, Busselton. This property is being used by RAWA to deliver 4Families Support Service, a mental health and family support service and Bunbury Family Relationships Centre outreach programs. On the basis of the application, this report recommends that the application for exemption be granted effective from 9 November 2020, when RAWA occupied the property in accordance with section 6.26(2)(g) of the Local Government Act 1995.

 

BACKGROUND

RAWA is a not-for-profit benevolent institution with deductible gift receipt status. The vast majority of RAWA income is from Commonwealth and State government grants so as to provide community services. The 4Families Support (4Families) and Bunbury Family Relationships Centre outreach programs were provided from 3/71 Kent Street Busselton until 6 November 2020 when RAWA vacated the property. Council has previously granted a rate exemption for RAWA at 3/71 Kent Street, Busselton, due to the free programs being provided from the property and the organisation’s charitable status. At its meeting held on 8 May 2019, Council resolved to:

1.         Approve Relationships Australia (WA) Inc. application for rate exemption under section 6.26(2)(g) of the Local Government Act 1995, “land used exclusively for charitable purposes”, for 3/71 Kent Street Busselton effective from the 1st July 2018;

2.         Agree that this rate exemption is to continue where Relationships Australia (WA) Inc. confirm in writing by the 30th April of each year that it remains the lessee of the property and that the properties use is the same as stated in the rate exemption application;

3.         Request that the South West Zone representative put a motion to the South West Zone of WALGA for lobbying of the State Government to consider the removal of rate exemptions for charitable organisations under the Local Government Act or that an alternative position to implement a rebate scheme similar to the Pensioners and Seniors Rebate Scheme be considered.

 

These programs are now being conducted from 93 Duchess Street, Busselton, effective from 9 November 2020, being the date that RAWA occupied the property.

 

4Families

4Families is a free service that provides a range of services to families and carers, which aim to reduce family stress and enable children and young people to reach their full potential.

 

The services provided by 4Families are:

•        counselling and emotional support

•        information and referrals

•        home-based family support

•        workshops, seminars and groups

•        community development activities

•        support for grandparents and carers

 

The focus is on prevention and early intervention by addressing issues that affect the mental and emotional wellbeing of children and young people.

 

Where families and carers require more assistance, RAWA will actively work with other services including schools, community organisations, Centrelink and mental health services.

 

Bunbury Family Relationships Centre

•        The Busselton service is the outreach service for the Bunbury Family Relationships Centre.

•        It provides information about family relationships at all stages - forming new relationships, overcoming relationship difficulties or dealing with separation and also referring other services that can help.

•        For parents experiencing separation, the centre helps the parents to focus on the children's needs and help decide what to do next.

•        RAWA can also provide joint sessions with the other parent or family members to help with parenting arrangements.

 

RAWA provides information, referrals and individual sessions free of charge. RAWA also provides one hour of family dispute resolution sessions free of charge (up to four hours where interpreters are used) and may charge fees after this depending on circumstances. Members of the public are able to drop in or phone the centre for information about programs and services available in the local area that can help strengthen family relationships.

 


 

Engagement with Western Australian Local Government Association (WALGA)

Following a Council resolution made in May 2019, the Mayor raised this issue with the South West Zone of WALGA (SWZ) at its meeting in May 2019. The SWZ supported the City of Busselton’s view unanimously and resolved as follows:

 

That the SWZ:

1.         Request that WALGA continue to lobby the State Government to consider the removal of rate exemptions for charitable organisations under the Local Government Act 1994 and that an alternative position may be implementing a rebate similar to the Pensioners and Seniors Rebate Scheme.

 

In response to the SWZ’s resolution, WALGA advised that the SWZ’s position is consistent with the following long-held sector position that:

 

1.         There is a need to amend the Local Government Act to clarify that Independent Living Units should only be exempt from rates where they qualify under the Commonwealth Aged Care Act 1997; and

 

2.         Either:

a.        amend the charitable organisations section of the Local Government Act 1995 to eliminate exemptions for commercial (non-charitable) business activities of charitable organisations; or

b.        establish a compensatory fund for Local Governments, similar to the pensioner discount provisions, if the State Government believes charitable organisations remain exempt from payment of Local Government rates.

 

WALGA also added to its submission to the State Government following the consultation on phase 2 of the review of the Local Government Act:

Request that a broad review be conducted into the justification and fairness of all rating exemption categories currently prescribed under Section 6.26 of the Local Government Act.

 

WALGA are continuing to advocate for this position.

OFFICER COMMENT

Section 6.26 of the Act states that all land is rateable except in certain circumstances. Section 6.26(2)(g) states that “land used exclusively for charitable purposes” is not rateable.

 

It is considered that the free 4Families and Bunbury Family Relationships Centre programs provided by RAWA are charitable in nature and therefore the property at 93 Duchess Street, Busselton, is eligible for rate exemption under section 6.26(2)(g) of the Act.

 

No physical inspection of the property has been carried out, as the statutory declaration provided on the property’s use (at Attachment B) is considered sufficient.

 

WALGA’s advocacy position has not changed in relation to this issue and continues to push for meaningful legislative change in this area. Until then, however, the current approach to rate exemptions due to charitable status is still applicable.

Statutory Environment

Section 6.26(2)(g) of the Act specifically states that land used exclusively for charitable purposes is not rateable.

Relevant Plans and Policies

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

Financial Implications

Granting rate exemption effective 9 November 2020 would see an estimated $3,035 reduction to Council’s 2020/2021 rating income.

 

This would be offset with an estimated $3,265 in rating income from 3/71 Kent Street, Busselton, due to RAWA vacating this property and its rate exemption entitlements being removed.

 

Rating income from 93 Duchess Street, Busselton, would reduce by approximately $4,850 for future financial years where it continues to be leased by RAWA and used for providing the free programs as per the rate exemption application, subject to Council’s resolution.

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.

 

However, if Council choses to decline the rate exemption application, then staffing and/or legal costs may be incurred should RAWA request the State Administrative Tribunal review the decision.

Options

As an alternative to the proposed recommendation, the Council could decline the rate exemption application on the basis that it considers the property to be rateable under the Act. As stated above, this is not recommended based on the risks associated with declining the application.

CONCLUSION

It is considered that the property at 93 Duchess Street, Busselton, whilst leased by RAWA and used to provide free 4Families and Bunbury Family Relationships Centre programs to the community, is eligible for rate exemption under section 6.26(2)(g) of the Act.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

If granted, the rate exemption on 93 Duchess Street, Busselton, would be effective as of 9 November 2020, being the date when RAWA first occupied the property, and this will be implemented within 1 to 2 weeks of Council’s decision.  


Council

105

28 April 2021

12.4

Attachment a

Rate Exemption Application With Letter

 







Council

106

28 April 2021

12.4

Attachment b

Rate Exemption Application Statutory Declaration

 


Council                                                                                      109                                                                   28 April 2021

12.5           Finance Committee - 14/4/2021 - BUSSELTON GOLF CLUB INC. SELF SUPPORTING LOAN

STRATEGIC GOAL

1. COMMUNITY: Welcoming, friendly, healthy

STRATEGIC OBJECTIVE

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

SUBJECT INDEX

Busselton Golf Club Inc. Self Supporting Loan

BUSINESS UNIT

Community and Recreation

REPORTING OFFICER

Senior Sport and Recreation Project Officer - Brendan McNally

AUTHORISING OFFICER

Director, Community and Commercial Services - Naomi Searle

NATURE OF DECISION

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

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Busselton Golf Club Strategic Plan Summary

 

This item was considered by the Finance Committee at its meeting on 14/4/2021, the recommendations from which have been included in this report.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

That the Council:

1.         Approve a self-supporting loan to the Busselton Golf Club Inc. for the purposes of building a new maintenance shed at the Busselton Golf Club, through the Western Australian Treasury Corporation for the amount of $110,000 for a term of up to ten (10) years.

2.         Authorises the CEO to enter into a Loan Repayment Agreement with the Busselton Golf Club Inc. where:

(a)       The Busselton Golf Club Inc. acknowledges it is responsible for reimbursement to the City of Busselton of full costs associated with the loan; and 

(b)       The loan repayment calculations are on the basis of the prevailing Western Australian Treasury Corporation lending rate Including Government Guarantee Fee at the time of actual funding of the loan.

 

EXECUTIVE SUMMARY

The Busselton Golf Club Inc. (the Club) has applied to the City of Busselton for a self-supporting loan for $110,000 for a term of 10 years, as part of their maintenance shed upgrade project.

 

Officers have been working closely with the Club, including the development of a strategic plan, and can confirm that this is one of the Club’s key infrastructure priorities.

 

BACKGROUND

In 2019, through the City’s Club Development program, the Club was engaged to undertake a comprehensive strategic planning process. This was funded through a grant from the Department of Local Government, Sport and Cultural Industries’ Every Club Funding program.

 


 

As an outcome, the Busselton Golf Club Inc. Strategic Plan was developed (Attachment A) which identified six (6) key priority areas. In the priority area of “Golf Course” an action was to upgrade the existing maintenance:

Goal:                     To provide a well presented and sustainable course that offers the best playing conditions possible.

Strategy:              Upgrade the maintenance shed.

Outcome:            Investigate funding sources including a self-supporting loan from the City of Busselton.

When:                  March 2021

Priority:                High

 

The existing shed at the Club is over 40 years old and not large enough to safely house the golf machinery required to maintain the golf course. The Club has been adding on to the existing maintenance shed over the past 40 years and has been assessed at the end of its useful life and no longer fit for purpose.

 

The Club has a membership of 650 and combined with visitors services over 40,000 rounds of golf per year. The club also hosts 3 annual major multi-day events with each event attracting up to 240 intra and interstate participants.

OFFICER COMMENT

City officers have been working closely with the Club over an extended period of time, to carefully plan for the future. The City has assisted the Club in developing a strategic plan which clearly articulates strategies to grow the sport and forms part of the Club’s regular board meetings.

 

The Club is also discussing partnering with the City of Busselton to undertake a master plan of the site which will identify possible partnerships and allow for the Club to plan its future growth for the course, the practice fairways, the Pro Shop, the club rooms and investigate opportunities to partner with complimentary activities.

 

The upgrade of the maintenance shed is considered to be of a high priority to complete given the current 40-year-old shed is not large enough, safe or functional enough to house the Club machinery.

 

The project cost breakdown is:

Self-Supporting Loan:        $110,000

Applicant cash:                     $  65,000

Total project:                        $175,000

 

As part of the self-supporting loan application, the Club has provided a range of supporting documentation including:

·        Recent Club Board meeting minutes confirming the Club’s intent to apply to the City for a self-supporting loan of $110,000 over 10 years.

·        Audited financial statements for the financial years ended 30 June 2019 and 30 June 2020 (including 2018 comparatives).

·        Year to date reports for the current financial year to 28 February 2021.

 

These supporting documents have been reviewed by the City’s Finance Department and the Club is considered to be in a sound financial position. Provided the Club maintains its current financial position, it should be capable of meeting its repayments.

Statutory Environment

The City’s adopted 2020/21 budget has been compiled in accordance with section 6.2 of the Local Government Act 1995 and Part 3 of the Local Government (Financial Management) Regulations 1996.

 

Relevant Plans and Policies

The officer recommendation aligns to Council Policy ‘Loan Facilities’. This Policy is applicable in offering the Club a self-supporting loan.

Financial Implications

The City’s 2020/2021 adopted budget includes the provision for funding of self-supporting loans to the community to a maximum of $200,000. Accordingly, assuming this cap has not been met at the time this loan is to be drawn (if approved), then a formal advertising period and budget amendment would not be required.

 

The loan would be granted on the basis of the prevailing Western Australian Treasury Corporation (WATC) lending rate including Government Guarantee Fee at the time of actual Funding of the loan. The WATC have advised that the current borrowing rate for 10 years is 1.4415% (inclusive of a 0.7% Government Guarantee Fee which is subject to change in accordance with government policy), noting that this rate is subject to change up until and including the day the loan is drawn down.

 

All interest and principal repayments would be formally agreed to prior to release of any funding.

Stakeholder Consultation

The City Officers have been consulting with the Club throughout this process.

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 chose to not approve the request from the Club or consider the following options:

1.         Provide a different amount.

2.         Set different terms.

CONCLUSION

Through the assessment of documents provided during the application process, officers are of the opinion that the Club is financially sound and has sufficient cash reserves to ensure the maintenance shed upgrade project is completed and the repayment schedule is met. The City has been working together with the Club on its strategic plan and officers consider that this loan will assist the Club to achieve one of its key infrastructure priorities identified under the plan.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Action will be taken immediately to implement the recommendations of the Council.


Council

110

28 April 2021

12.5

Attachment a

Busselton Golf Club Strategic Plan Summary

 


Council                                                                                      116                                                                   28 April 2021

13.             Planning and Development Services Report

13.1           DA 20/0916 - MIXED USE DEVELOPMENT (BREWERY, TAVERN, RESTAURANT/CAFE, SHOP AND TOURIST ACCOMMODATION)

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 Applications

BUSINESS UNIT

Development Services

REPORTING OFFICER

Senior Development Planner - Andrew Watts

AUTHORISING OFFICER

Manager, Strategic Planning - Matthew Riordan

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    Development Plans

Attachment c    Landscape Plans

Attachment d   Applicant report in support of proposal

Attachment e    Traffic Impact Assessment

Attachment f    Bushfire Management Plan

Attachment g   Environmental Noise (Acoustic) Report

Attachment h   Environmental Report and Fauna Management Plan

Attachment i     Waste Management Plan

Attachment j     URBIS design review comments

Attachment k    Schedule of Submissions  

 

OFFICER RECOMMENDATION

That the Council determines:

A.         That application DA20/0916 submitted for a ‘Mixed Use Development (Brewery, Tavern, Restaurant/Cafe, Shop and Tourist Accommodation)’ 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 above (A) subject to the following conditions:

 

General Conditions

1.         The development hereby approved shall be substantially commenced within two years from the date of this decision letter.

 

2.         The development hereby approved shall be undertaken in accordance with the signed and stamped Approved Development Plans except as may be modified by the following conditions.

 

Prior to Commencement of Any Works Conditions

3.         The development hereby approved, or any works required to implement the development, shall not commence until the following plans or details have been submitted to the satisfaction of the City and have been approved in writing:

 

 

3.1       Drainage Management Plan.

 

3.2       Odour Management Plan.

 

3.3       Venue Management Plan.

 

3.4       Acoustic Report which demonstrates that all mechanical services associated with the proposed development, and any other noise source, including noise emanating from Licensed Premises, will comply with the Environmental Protection (Noise) Regulations 1997, must be submitted to and approved by the City.

 

3.5     A Noise Management Plan which shall include (but not be limited to) all recommendations specified in the Environmental Noise Report dated 9 November 2020, prepared by Gabriels Hearne Farrell  in order to reduce noise disturbance to neighbours and generally comply with the Environmental Protection (Noise) Regulations 1997.

 

3.6       Lighting Management Plan consistent with the ‘dark sky principles’ and the requirements of Australian Standard AS 4282—2019, Control of the obtrusive effects of outdoor lighting.

 

3.7       A schedule of the final materials, finishes and colours. The schedule shall include details of the type of materials proposed to be used, including their colour and texture.

 

3.8       Details of signage, including but not limited to the design, materials and levels of illumination (where applicable).

 

3.9       Details of the proposed bicycle parking facilities. The details shall include, as a minimum, the location, design and materials to be used in their construction.

 

3.10    Details of the entry controls required at the southern crossover to Cape Naturaliste Road to ensure this crossover is only used by service vehicles exiting the site in a left-out movement only.

 

3.11    The southern crossover to Cape Naturaliste Road being designed and constructed to the specification and satisfaction of the City to ensure continuity for pedestrians and that it is of sufficient width to cater for left-out truck movements.

 

3.12    A contribution of $10,995.80 toward the cost of Road Network Upgrading in the Dunsborough precinct.

 

3.13    A contribution of $5,795.20 toward the cost of Dual Use Path Network Upgrading in the Dunsborough precinct.

 

3.14    A contribution of $32,340.00 toward the cost of community facilities in the Dunsborough precinct.

 

3.15    Satisfactory arrangements shall be made with the City to provide public art works within the development site. This entails compliance with the Percent for Art provisions of the City's Development Contribution Policy via appropriate works up to a minimum value of 1% of the Estimated Cost of Development ("ECD"). Where the value of on-site works is less than 1% of the ECD, a payment sufficient to bring the total contribution to 1% of the ECD is required.

 

3.16    A Construction Management Plan (CMP). The CMP shall address the following:

a.         access to and from the site;

b.        delivery of materials and equipment to the site;

c.         storage of materials and equipment on the site;

d.        parking arrangements for contractors and subcontractors;

e.        management of construction waste; and

f.         other matters likely to impact on the surrounding properties.

 

3.17    A Landscape Plan which shall include the following:

a.         the location, number, size and species type of existing and proposed trees and shrubs, including calculations for the landscaping area;

b.        any lawns to be established;

c.         fencing to the northern site boundary to provide definition with the Dugalup Brook Recreation Reserve (R42673);

d.        any existing landscape areas to be retained;

e.        those areas to be reticulated or irrigated; and

f.         verge treatments.

 

3.18    A Tree Protection Plan (TPP) for the mature trees to be retained on the site and adjoining road reserves as indicated on the approved site plan and for vegetation within the adjoining Recreation Reserve – R42673 (Dugalup Brook). The approved TPP shall be implemented before any of the substantive development is commenced and shall be retained throughout the development period until such time as all equipment, machinery and surplus materials have been removed from the site.  Within the areas so fenced, nothing shall be stored or placed, and the ground levels shall not be altered.

 

3.19    Satisfactory arrangements being made with the City for an easement in accordance with sections 195 and 196 of the Land Administration Act for the benefit of the City of Busselton and the public at large is to be shown on the Deposited Plan to be registered on the Certificate of Title over a 3m wide by 13m deep section of the southeast access way (to Dunn Bay Road) to the satisfaction of the City.

 

Prior to Occupation/Use of the Development Conditions

 

4.         The development hereby approved shall not be occupied, or used, until all plans, details or works required by Condition 3 have been implemented; and the following conditions have been complied with:

 

4.1       Arrangements to the satisfaction of the City being entered into to provide for legal access from Cape Naturaliste Road to the development site across the 1.0m wide portion of adjoining recreation reserve (Lot 4959, R42673).

 

4.2       All vehicle parking, access ways, footpaths and external lighting shall be constructed in accordance with the Australian Standard for Parking Facilities - Off-Street Car Parking (AS 2890.1) and shall be developed in the form and layout depicted on the approved plans to the satisfaction of the City.

 

4.3       Accessible car parking and access shall be provided and designed in accordance with the Australian Standard for Parking Facilities - Off-Street Car Parking for people with disabilities (AS 2890.6).

 

 

4.4       Exterior lighting shall be provided under all awnings, in parking areas and all entry points.

 

4.5       Buildings within the approved development shall be constructed in accordance with the  ‘Architectural Requirements’ specified in the Environmental Noise Report dated 9 November 2020, prepared by Gabriels Hearne Farrell.

                      

Ongoing Conditions

5.         The works undertaken to satisfy Conditions 2, 3 and 4 shall be subsequently maintained for the life of the development; and the following conditions must be complied with:

                        

5.1       The Venue Management Plan for the development shall be implemented and maintained in accordance with the approval details.

 

5.2       The Noise Management Plan for the development shall be implemented and maintained in accordance with the approval details.

 

5.3       The southern crossover to Cape Naturaliste Road shall be provided with controlled access to be limited to use only by service vehicles exiting the site in a left-out movement only.

 

5.4       No roller doors or screens are permitted to be installed to the windows fronting the commercial tenancies fronting Dunn Bay Road.

 

5.5       All glazing to the commercial tenancies fronting Dunn Bay Road is to be clear, non-tinted glazing and shall not be subsequently obscured by alternative window treatments, signage or internal shelves.

 

5.6       All doors to shop premises fronting Dunn Bay Road must be kept unlocked for customer access during all hours when the subject premises are trading.

 

5.7       All services and service-related hardware, including antennae, satellite dishes and air conditioning units, being suitably located away from public view and/or screened to the satisfaction of the City.

 

5.8       Compliance with the approved Waste Management Plan.

 

5.9       The approved Bushfire Management Plan shall be implemented and maintained in accordance with the approval details and any recommendations therein.

 

5.10    Landscaping and reticulation shall be maintained in accordance with the approved Landscape Plan to the satisfaction of the City. Unless otherwise first agreed in writing, any trees or plants which, within a period of five years from first planting, are removed, die, or are assessed by the City as being seriously damaged, shall be replaced within the next available planting season with others of the same species, size and number as originally approved.

 

5.11    Within 6 months of the registration of an easement pursuant to Sections 195 and 196 of the Land Administration Act 1997 over Lot 108 (no. 57) Dunn Bay Road, providing legal access to Lot 2 (no. 59) Dunn Bay Road and completion of the balance crossover on Lot 108 the relevant crossover onto Dunn Bay Road being amended to the specification and satisfaction of the City to allow for shared access to Dunn Bay Road. Within 30 days of the completion of the crossover the redundant portion of the cross over being removed and the area landscaped to the satisfaction of the City.

 

EXECUTIVE SUMMARY

The City has received a development application for Mixed Use Development (Brewery, Tavern, Restaurant/Cafe, Shop and Tourist Accommodation) at Lot 1 (No.61) and Lot 2 (No.59) Dunn Bay Road, Dunsborough.

 

The application was advertised for public comment for a period of 28 days. During the consultation period, the main concerns raised related to traffic impacts, parking, noise, odour and environmental impact.

 

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.

 

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.

 

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

 

BACKGROUND

The Council is asked to consider an application for a Mixed Use Development (Brewery, Tavern, Restaurant/Cafe, Shop and Tourist Accommodation) at Lot 1 (No.61) and Lot 2 (No.59) Dunn Bay Road, Dunsborough.

 

Key information regarding the application is set out below:

 

1.         Landowner: Eldorado Pty Ltd

2.         Applicant: Element Advisory Pty Ltd

3.         Site area: 8632m2

4.         General description of the site: Lot 1 (No.61) and Lot 2 (No.59) Dunn Bay Road are situated on the northern corner of Dunn Bay Road and Cape Naturaliste Road at the western edge of the Dunsborough Town Centre.  Cape Naturaliste Road and Dunn Bay Road run along the western and southern edges of the site (respectively), Dugalup Brook recreation reserve is to the north and two vacant ‘Centre’ zoned lots are to the east.

The site is predominantly flat and presently has various trees of species endemic to the area dispersed across the site. The nearest residential properties are located to the west, within the Naturaliste Heights subdivision, with the nearest dwelling approximately 60m from the sites western boundary.

5.         Current development/use: Lot 1 (No. 61) is currently a vacant site. Lot 2 (No. 59) is occupied by Peko Peko restaurant.

6.         Brief description of proposed development: The application seeks approval to redevelop the combined site for mixed use commercial purposes, and involves the following components:

·        a ‘Brewery’ producing primarily for on-site consumption and associated ‘Tavern’ within Building 1;

·        two ‘Restaurant/Café’ tenancies including a larger Restaurant style building (Building 2) anticipated to serve lunch and dinner in association with the Tavern and a smaller Café style building with small coffee roastery (Building 3) anticipated to serve breakfast and lunch only;

·        ‘Tourism Accommodation’ including 18 individual chalet style units at the rear of the site, adjacent to Dugalup Brook, and two self-contained short-stay apartments above the Shop tenancy;

·        a ground level ‘Shop’ tenancy fronting the corner of Dunn Bay Road and Cape Naturaliste Road (Building 4);

·        central alfresco dining space;

·        two separate car parking areas; one with a single access point from Dunn Bay Road intended to service the Tourist Accommodation units at the rear of the site as well as the food and beverage uses, with a second car park with two crossovers to Cape Naturaliste Road intended to service the retail and short-stay apartments.

7.         Applicable Zoning and Special Control Area designations: The site is located within the Centre zone and subject to the ‘Drive-Through Facility Special Control Area’.

8.         Land-use permissibility: Several land uses are proposed as follows: 1. ‘Shop’ and ‘Restaurant/Café’ are “P” uses in the Centre zone which means that the use is permitted by the Scheme providing the use complies with the relevant development standards and the requirements of the Scheme; 2. ‘Tourist Accommodation’ is a “D” use in the Centre zone meaning that the use is not permitted unless the local government has exercised its discretion by granting approval; and 3. ‘Brewery’ and ‘Tavern’ are “A” uses in the Centre zone meaning that the use is not permitted unless the local government has exercised its discretion by granting development approval after giving special notice in accordance with Clause 64 of the Deemed Provisions.

OFFICER COMMENT

The main issues considered relevant for detailed discussion in this report are as follows:

·        general considerations when making a decision on a development application;

·        built form;

·        parking and access;

·        amenity Impacts (noise and odour);

·        environmental Impacts;

·        bushfire.

General considerations when making a decision on a development application

When considering a development application for any land use designated as a “D” or “A” land use under Table 2 - The Zoning Table of the Scheme, a decision-maker is required to exercise discretion when considering the development. The exercise of discretion should take into account relevant considerations as identified within Clause 67 – ‘Consideration of application by government’ of Schedule 2 of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015. The decision-maker has an obligation to exercise statutory responsibilities appropriately and a decision is required to be based upon sound planning principles.

 

The Matters to be Considered which are relevant to this development application are outlined in the Statutory Environment section of this report. If an item or issue is not listed in Clause 67, it is not deemed to be a valid planning consideration and therefore is not to be given regard in the determination of a development application. 

 


 

The improvement of the region, including ‘economic development’ is one of the broader aims of the Scheme, however, economic considerations are not listed as a matter to be considered within the Regulations. Economic considerations per se should therefore only be considered when setting the planning framework and not when making a determination on an individual development application. 

Built Form

The proposal consists of three primary structures arranged around a central courtyard including: a single storey brewery and bar; single storey kitchen and dining; and two-storey retail and short stay apartment building which wraps around the south-west corner of the site with an attached single-storey  café.  Additionally 18 individual tourist accommodation structures are proposed at the rear of the site adjacent to Dugalup Brook. A mix of materials and finishes are proposed including timber and timber look cladding, metal cladding, local stone, slatted screens, feature paving, timber decks, decorative pergolas and a mix of rooflines.

 

The proposal adopts an industrial design style for the internal facing food and beverage buildings with saw-tooth style rooves that provide good height, light and ventilation to these buildings.  While the industrial style does not reference any existing local aesthetic, the development sits comfortably on the site and is enhanced by the retention of many of the existing mature trees on the site. The chalet or ‘tiny-house’ style units proposed for short-stay accommodation at the rear of the site are an interesting design, have a very small footprint and are finished in a dark timber-look cladding which assists in making them visually recessive.  Further, they are designed to sit lightly on the ground, making them able to be easily moved around, or off, the site in future if desired.

 

While the site could arguably accommodate a much larger ‘landmark’ building given its prominence at the western entry to the town centre, this is not considered essential given the lack of public open space and limited pedestrian links and activity at this end of the town centre.  The two-storey built form proposed on the Cape Naturaliste Road and Dunn Bay Road corner incorporates a good mix of materials, colours and textures and provides a solid book-end to the town centre, with the desired future character for more substantial buildings able to be accommodated further into the town centre. The proposed design is considered suitable in the context of the surrounding environment and development and can generally be supported.

 

The need for the proposed retail tenancy on Dunn Bay Road to actively front the street is considered essential to achieve good levels of pedestrian amenity and passive surveillance and ensure that the development does not ‘turn its back’ on a major thoroughfare within the town centre.  While this tenancy includes a recessed entry point from the street frontage, it also provides an entry from the central courtyard.

 

It is therefore recommended that, should an approval be issued, conditions be included requiring that the entry from Dunn Bay Road be maintained and accessible whenever the shop is open, and that the glazing to this tenancy not be covered or altered in order to block views to and from the shop.

 

Given the scale of the proposed development, the City commissioned an independent design review of the proposal from Urbis. Urbis advised that the development is considered generally appropriate in the context of the Dunsborough town centre but raised several opportunities for minor improvements, a number of which have been incorporated into the revised site plan, including improved legibility of pedestrian access, reduction in the width of the Dunn Bay Road crossover and revisions to loading and bicycle parking arrangements.


 

Particular concern was raised in respect of the visual permeability of the proposed acoustic wall on the western side of the courtyard, however the applicant has clarified that a significant portion of the wall is intended to be clear (acoustic glass or similar) ensuring views to and from the courtyard from Cape Naturaliste Road. It is not proposed to open this courtyard up any further as this would have negative consequences in regard to noise abatement. A copy of the Urbis design review is provided at Attachment J.

Parking, Traffic and Access

Parking

The proposal provides for a total of 80 car parking bays, including four universal access bays, across two car parks on the site. The City’s Local Planning Policy No. 2.1 ‘Car Parking’ (LPP2.1) specifies that all new development within the Dunsborough Town Centre (the ‘Centre’ zoned land) should provide car parking at a rate of 4 bays per 100m2 of net lettable area (NLA) for all land uses. While this should, in principle, also apply to the Tourist Accommodation uses proposed, it is considered more appropriate to require one bay per unit given the likelihood that guests will drive to their accommodation. Based on the NLA provisions for the retail and food and beverage uses and a rate of one bay per accommodation unit, the proposed development generates a requirement for 75 car bays. The proposal provides a total of 80 car bays on site, therefore exceeds the minimum requirement specified by LPP2.1 by five bays. 

 

While the proposed uses may generate well in excess of 80 patrons on site at any one time, the level of parking provided is considered sufficient given the likelihood of reciprocal parking with other uses in the town centre and the ability for people to easily walk and cycle to the site.  The proposal also provides space for up to 65 bicycle parking bays, including seven bays within a lockable storage area for staff, which exceeds the LPP 2.1 requirement for 58 bicycle bays.

 

Land Use

NLA

Requirement

Proposed

Shop

393m2

55

60

Restaurant/Café

469m2

Brewery/Tavern

505m2

Tourist Accommodation

20 units or

Approx 573.92m2 includes units and decks

20 (one per unit) or

23 (approx NLA)

20

Total:

1367m2 +

20 units

75 (per TA unit)

78 (using NLA)

80

 

Traffic and Access

The proposal includes two separate car parking areas, one accessed from Cape Naturaliste Road and the other from Dunn Bay Road. 

 

The car park on the Cape Naturaliste Road frontage of the development is accessed by two 9 metre wide crossovers and includes 15 car parking bays, a loading dock and bin store generally intended to be utilised by the proposed shop and upper level short-stay apartments. 

While the proposed northern crossover is acceptable as a full-movement access point, movements associated with the southern crossover are required to be limited due to its proximity to the turning pocket for south-bound vehicles turning left from Cape Naturaliste Road into Dunn Bay Road.  This requirement was discussed with the applicant during the assessment process and it was agreed that use of the southern crossover would be limited to service vehicles exiting the site in a left-out movement only and controlled by an electronic gate or bollard system.  This has been reflected in the relevant plans. 

 


 

It is also noted that the access points on the Cape Naturalise Road frontage are required to cross an existing 1m wide reserve (Reserve No. 42673) under the City’s management for public recreation purposes.  It is unclear exactly why this reserve was created in this form (in 1982) but it is considered likely that it was intended to function as a ‘spite strip’ to prevent access to the site from Cape Naturaliste Road.  Given that Part 4.21.1(k) of the Scheme discourages new access to sites from Dunn Bay Road however (see further detail below), it is not considered reasonable to prevent access to the site from this street frontage.  The reserve type does not prevent the City from allowing access across this land and as such, it is recommended that, should an approval be granted, formal access across the reserve can be dealt with by way of a condition.

 

Part 4.21 of the Scheme contains provisions relating to development in the Regional Centre and Centre Zones.  As referenced above, Part 4.21.1(k) of the Scheme indicates that no vehicular access to sites shall be taken from Dunn Bay Road unless there is no alternative available. The proposed development includes access to car parks from both Cape Naturaliste Road and Dunn Bay Road. While the construction of any new crossovers to Dunn Bay Road is generally discouraged to assist in improving pedestrian amenity in the town centre, there is an existing double crossover to Dunn Bay Road, associated with the ‘Peko Peko’ take away food business on the site, in approximately the same location as proposed for the new development.  While the number of vehicle movements associated with the new development will exceed those generated by the current business, the inclusion of a crossover to Dunn Bay Road in this case is considered acceptable given the siting of the development at the western edge of the town centre where pedestrian movement is more limited than in the centre. 

 

It is further noted that while the original application material proposed to have the crossover to Dunn Bay Road set off the eastern boundary, discussion with the applicant around future development potential on the adjacent site resulted in revisions to the plans to shift the crossover to the eastern boundary. This change provides the ability for any future development of the adjacent site to tie-in with this crossover (which could subsequently be reduced in width), preventing the potential for two crossovers on this street block of Dunn Bay Road in future.  Conditions which address the need for an easement to allow shared access and the ability to require the narrowing of the driveway and crossover in future have been included in the officer recommendation.

 

The proposal is not expected to generate traffic levels that would negatively affect the capacity of the surrounding road network.  While comments received from Main Roads WA suggest the City may wish to consider the long-term need for upgrades to Dunn Bay Road and a wider road verge in this area, the City does not believe that any such upgrades will be necessary in the foreseeable future, and additional verge width is therefore not required. 

 

Bushfire

The potential impacts from bushfire are required to be considered as a large portion of the site is located within a designated Bushfire Prone Area. The proposed development is a vulnerable land use under State Planning Policy 3.7 because visitors and groups to the facility will be less able to respond in a bushfire emergency. Accordingly, a Bushfire Management Plan (BMP) has been prepared by an accredited Level 3 Bushfire Planning Practitioner to support the application, with the aim that the implementation of the BMP will reduce the threat to staff, the public and emergency services in the area.  A Bushfire Emergency Evacuation Plan has also been developed in conjunction with the BMP.

The site is located within the Dunsborough townsite which is considered a ‘built out area’. In the event of a bushfire emergency, good access and egress is required as well as ready access to an adequate water supply. There is good vehicular access to and within the property, with multiple entries and turn-around areas; scheme water is available to the site and there are two fire hydrants in the immediate vicinity.

 


 

The BMP recognises that the short stay accommodation units located adjacent to the recreation reserve containing Dugalup Brook are sited in a location exposed to BAL-FZ and as such a risk assessment has been undertaken consistent with the Western Australian Planning Commission Position Statement: Tourism land uses in bushfire prone areas, to identify acceptable mitigation strategies.

 

The proposal was referred to the Department of Fire and Emergency Services (DFES) who have raised a number of issues in respect to the BMP, seeking updates to provide clarification in respect to inputs used to determine the BAL levels that the development would be exposed to. DFES also raised that it does not support the development of vulnerable land uses at BAL-40/BAL-FZ.

 

Notwithstanding that DFES does not support the development of vulnerable or high-risk land uses in areas of BAL-40/BAL-FZ, officers consider that the site is located within a built out area and as such, in accordance with the WAPC Position Statement, development at BAL-40/BAL-FZ is able to be considered where supported by a suitable risk assessment. The proposal identifies that all of the development, including the tourist accommodation exposed to BAL-FZ, will be required to be built to the appropriate construction standards. Further, the risk assessment included within the BMP is considered to provide suitable mitigation measures such that officers can recommend support of the proposal, noting its location in the town centre, access to scheme water and hydrants, multiple means of access and the presence of officers on-site to assist with evacuation if required.

 

If approved, officers recommend that a condition be included as per the DFES recommendation that the BMP be revised to: clearly identify where a Performance Principle Solution has been used to address Bushfire Protection Criteria in place of an Acceptable Solution; provide an audit of the vegetation classifications and distances to vegetation; modify the inputs in the BMP as necessary; and amend the BMP to confirm that the Landscape Plan will comply with Schedule 1 of the Guidelines for Planning in Bushfire Prone Areas.

 

Amenity Impacts

Noise

An Environmental Noise (Acoustic) Report, prepared by Gabriels Hearne Farrell Pty Ltd, was submitted with the application. The report includes an assessment of the likely impact of the proposal on surrounding land uses, including the nearest sensitive receptors, being dwellings on nearby Martingale Drive. The report reviews the architectural requirements of the proposal, such as glazing, insulation, cladding and acoustic walls, as well as the required management actions to adequately control off-site noise impacts. 

 

A number of submissions were received from nearby residential properties to the west indicating concerns regarding the potential noise impacts associated with the proposed venue.  The application material was referred to the DWER Noise Branch as the technical experts on environmental noise matters, who provided comments (see Schedule of Submissions at Attachment K) indicating that: the technical detail in the report is reasonable; the predicted noise emissions at the nearby residential receptors seem reliable; the proposed architectural requirements are appropriate and sufficient; the noise management requirements are appropriate and effective; and that the proposed development can comply with the Environmental Protection (Noise) Regulations 1997

 

A submission was also received relating to the adjacent vacant property to the east, which is also located within the Centre zone, indicating that the development may have a negative impact on any future residential development on that site. In this regard, while it is understood from the modelled decibel levels that there may periodically be noise exceeding the normally acceptable residential levels on this site, it is impossible to model the impact on development that has not yet occurred.


 

It is also noted that elevated noise levels are experienced in town centres from time to time and that any future residential development of the adjoining site is likely to be required to consider ‘quiet house’ design in any case. Further, should it be necessary at the time, the City could also require notifications be placed on titles that advise prospective purchasers of any new residential properties in this location of the potential for amenity impacts associated with living in a vibrant town centre.

 

Given the Noise Branch at DWER has indicated that the proposal can satisfy the requirements of the Noise Regulations and are supportive of the proposed architectural and noise control measures, it is considered that the development can be supported in this regard. While the applicant has indicated that the proposed development could potentially accommodate up to 1,000 patrons on site, it is noted that the acoustic report indicates that impacts can be suitably managed and/or numbers restricted as appropriate dependent on the time of day, which buildings are in use and whether music is being played.

 

While it is considered unlikely that the premises will actually accommodate 1,000 patrons on all but the rarest of occasions, it is recommended that conditions requiring the provision, approval and on-going compliance with appropriate noise and venue management plans be included on any approval.  These plans would address noise emissions from the site and how the venue is managed on an on-going basis, including but not limited to, the types of music, location of bands, operating hours, maximum patron numbers, management of patrons leaving the site and complaints resolution.

 

Odour

The proposal has the potential, if not appropriately managed, to result in odours emitted from proposed coffee roasting and brewing activities that may impact on the amenity of neighbouring business and nearby residential premises.

 

The applicant advises that the coffee roasting is anticipated to occur 2 – 3 times per week, conducted during normal business hours and that the coffee roastery will use production techniques to reduce emissions, including afterburning, a process in which the fumes emitted by coffee roasting are eliminated completely through high heat.

 

The application also indicates that the brewing component of the development is relatively small scale and the intention is to produce primarily for on-site consumption only. The applicant advises that the majority of brewing will only occur during normal business hours and will not occur overnight. The source of potential odour is the boiling stage of the brewing process. This is intermittent on brewing days and only for a short duration. The potential odour has been described by the applicant as:

“sweet/ malty/ bready, localised and not intense or sustained. It is not dissimilar to the smells of a bakery, which we note are common in urban areas as is the case in Dunsborough.”

 

The applicant advises that specialised rooftop products and condensers shall be fitted to flues to cool steam before it exits the single stack, resulting in the removal of almost all odour.

 

Given the size and type of production and the processes and timings used in the proposed roasting and brewery components, the potential for intense and continuous odour emission is considered minimal and unlikely to adversely affect residents in the vicinity.  In order to ensure this is the case across the life of the facility, however, it is recommended that a condition be applied to any approval requiring an odour management plan be prepared by the applicant and approved by the City prior to commencement of use.

Environmental Impacts

The proposal was referred to the Department of Biodiversity, Conservation and Attractions (DBCA) and the DWER given the proposed removal of native vegetation on the site, potential impact on fauna and the proximity of Dugulap Brook. 

Comments received from DBCA indicate that the proposal can be supported subject to: a suitable fauna management plan; fauna handlers being present during the approved removal of vegetation on site and the demolition of the existing buildings; the provision of tree protection zones during construction; and the installation of a fence or bollards to define the northern boundary in order to protect vegetation within the adjacent reserve.  Conditions addressing these matters have been included in the officer recommendation. 

 

Advice received from DWER indicates that the proposed vegetation removal is likely to be exempt from the requirement for a clearing permit under the Environmental Protection Act 1986.

Statutory Environment

The key statutory environment is set out in the Scheme, the Planning and Development (Local Planning Schemes) Regulations 2015 , Schedule 2 of which is the ‘Deemed Provisions’, which also functionally forms 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 ‘Centre’. The objectives of the ‘Centre’ zone are as follows:

a.         to provide a genuine centre of community life, socially, culturally and economically.

b.         to provide a basis for future detailed planning in accordance with the structure planning provisions of this Scheme or the Activity Centres State Planning Policy.

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

d.         to provide for medium to high density residential development.

 

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

 


 

Land-use and permissibility

This mixed use proposal includes a number of different land uses under the Scheme.

 

The proposed land uses are defined as follows:

“Brewery” means premises the subject of a producer’s licence authorising the production of beer, cider or spirits granted under the Liquor Control Act 1988.

 

“Restaurant/Café” means premises primarily used for the preparation, sale and serving of food and drinks for consumption on the premises by customers for whom seating is provided, including premises that are licenced under the Liquor Control Act 1988.

 

"Shop" means premises other than a bulky goods showroom, a liquor store – large or a liquor store – small used to sell goods by retail, to hire goods, or to provide services of a personal nature, including hairdressing or beauty therapy services.

 

"Tavern" means premises the subject of a tavern licence granted under the Liquor Control Act 1988.

 

"Tourist Accommodation" means single occupancy accommodation units, which may be self-contained and may include associated central facilities for the exclusive use of guests, and includes serviced apartments.

 

Shop and Restaurant/Café are “P” uses in the Centre zone.

 

Tourist Accommodation is a “D” uses in the Centre zone.

 

Brewery and Tavern are “A” uses in the Centre zone.

 

Consideration of application by local government

Clause 67(1) of the Deemed Provisions within the Regulations sets out ‘consideration of application by local government’ (formerly referenced as ‘matters to be considered’). 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);

             (e)       any policy of the Commission;

             (f)        any policy of the State;

             (fa)     any local planning strategy for this Scheme endorsed by the Commission;

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

             (l)        the effect of the proposal on the cultural heritage significance of the area in which the development is located;

             (m)     the compatibility of the development with its setting, including —

                         (i)        the compatibility of the development with the desired future character of its setting; and

                         (ii)       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;

             (r)        the suitability of the land for the development taking into account the possible risk to human health or safety;

             (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;

(u)       the availability and adequacy for the development of the following —

                         (i)        public transport services;

                         (ii)       public utility services;

                         (iii)      storage, management and collection of waste;

                         (iv)      access for pedestrians and cyclists (including end of trip storage, toilet and shower facilities);

                         (v)       access by older people and people with disability;

 (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;

(za)     the comments or submissions received from any authority consulted under clause 66;

(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 2.1 - Car Parking

Provides guidance on the City’s requirements for the provision of car parking and bicycle parking facilities for new development.  The proposal satisfies the minimum number of car parking and bicycle bays required by the policy.

 

Local Planning Policy 4.1 - Percent for Art

Identifies development that is required to provide public art as well as methods for determining the contribution and implementation.  The policy applies to development with a value greater than $1,000,000 however excludes residential, extractive industry and agricultural development.  A condition requiring the relevant contribution has been recommended.

 

Local Planning Policy 6.1 - Stormwater Management

Provides guidance on methods for achieving the safe and effective management of the quantity and quality of stormwater runoff.  A condition requiring stormwater management plan has been recommended.

 

Local Planning Policy 6.1 - Road, Footpath and Cycle Network Upgrade Contributions

Applies to development within the policy area and requires a contribution for each tourism unit for the purposes of upgrading the distributor road network as well as upgrading the footpath and cycle network infrastructure.  A condition requiring the relevant contribution has been recommended.

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 15 January 2021 to 11 February 2021. 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 and occupiers of properties within 200m of the development site;

4.         a notice was placed in a local newspaper on 15, 22, 29 January and 5 February 2021; and

5.         two signs were placed on the development site giving notice of the proposed development.

Submissions were received from a total of 47 people (noting that a number of submissions come from people sharing a household). A schedule of submissions is provided as Attachment K. The schedule identifies who submissions were received from and summarises the submissions. 

 

The public submissions can generally be grouped as follows:

 

Objection

·        The proposed access onto Cape Naturaliste Road will conflict with existing vehicular and pedestrian traffic, resulting in safety concerns.

·        Amenity impact concerns to nearby residential development due to noise and odour.

·        Removal of vegetation which supports endangered fauna.

·        Insufficient parking for proposed patron numbers.

·        Anti-social behavior from intoxicated patrons.

 

Support

·        Will add vibrancy to the town centre.

·        Well-designed architecture.

·        Retains a significant portion of the trees on the site.

Where issues are raised that do not relate to the relevant planning framework, they are noted but no further commentary is provided by officers. This 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 nor should be addressed in the assessment of this particular application.

In addition to the above, the application was referred to DWER (Noise and Native Vegetation Clearing), DBCA, DFES, MRWA and Department of Planning, Lands and Heritage (Aboriginal Heritage). The comments received from these authorities are included in the Schedule of Submissions.

 

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.

 

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.


Council

127

28 April 2021

13.1

Attachment a

Location Plan

 


Council

142

28 April 2021

13.1

Attachment b

Development Plans

 

















Council

145

28 April 2021

13.1

Attachment c

Landscape Plans

 


































































Council

288

28 April 2021

13.1

Attachment e

Traffic Impact Assessment

 














































 




 




 




 




 




 




 




 




 




 




 




 











Council

303

28 April 2021

13.1

Attachment f

Bushfire Management Plan

 





































































































Council

424

28 April 2021

13.1

Attachment g

Environmental Noise (Acoustic) Report

 































Council

426

28 April 2021

13.1

Attachment h

Environmental Report and Fauna Management Plan

 
















 
























Council

482

28 April 2021

13.1

Attachment i

Waste Management Plan

 





















Council

492

28 April 2021

13.1

Attachment j

URBIS design review comments

 











Council

526

28 April 2021

13.1

Attachment k

Schedule of Submissions

 

 

No.

NAME & ADDRESS

Nature of Submission

Comment

 

AGENCY SUBMISSIONS

1.

Department of Fire and Emergency Services – Landuse Planning

 

 

·              DFES acknowledges that an existing house (to be demolished) and a café restaurant currently exists on the subject site and the development application seeks to introduce a boutique hotel, brewery and bar, kitchen and dining area, café and short term accommodation.

·              However, as the City have considered this to be a tourism activity and required planning approval, the change to a vulnerable land use would constitute an intensification of development and trigger application of SPP 3.7.

·              In line with the State Core Objective of Emergency Risk Management - People: protect lives and wellbeing of persons, DFES has assessed this proposal against SPP 3.7 and the Guidelines. DFES acknowledges this proposal falls within the scope of the Western Australian Planning Commission’s Position Statement: Tourism land uses in bushfire prone areas (the Statement). The decision maker can consider the policy intent of the Statement, particularly regarding the primacy of life.

•     The proposed development will be required to be referred to DFES’ Built Environment Branch for assessment at the building approval stage.

·              The BMP has identified aspects of the development that do not comply with the Acceptable Solutions contained in the Guidelines. Where a proposal cannot comply with the Acceptable Solution(s) a Performance Principle-Based Solution must be proposed and labelled as such.

·              Query some of the vegetation classification and distance to vegetation inputs used to determine BAL ratings. The inputs in the BMP should be audited by the Bushfire Practitioner.

·              The Landscape Plan in Appendix 1 of the BMP identifies future management of the Cape Naturaliste Road reservation immediately abutting the site to a low threat status. The decision maker to be satisfied with the vegetation exclusions and vegetation management proposed.

·              It is unclear in the BMP that the Landscape Plan (BMP Appendix 1) can achieve compliance with Schedule 1: Standards for Asset Protection Zones contained in the Guidelines (BMP Appendix 2). This includes the separation of vegetation from buildings particularly given the retention of mature trees for ringtail possum habitat. The BMP is ambiguous in the language used to confirm whether compliance with the acceptable solution A2.1. DFES recommends the BMP is amended to confirm that the Landscape Plan will comply with Schedule 1 of the Guidelines.

·              The Bushfire Risk Assessment at pages 9 and 12 states that “Construction to AS3959 standards is achieved for all buildings...” “…all buildings will comply to AS3959 standards.”

While it is noted that the bushfire construction provisions of the Building Code of Australia do not apply to Class 4 to Class 9 buildings and that an existing café restaurant is proposed to be retained, DFES supports this measure.

·              The BAL ratings cannot be validated for the reason(s) outlined in the above table.

The Policy does not support development within BAL-40/BAL-FZ. Off-site evacuation or sheltering in the nominated safer building as a last resort is not supported as a suitable Performance Principle-Based Solution. DFES recommend the design is revised to provide adequate hazard separation and ensure no buildings designated for short stay accommodation are located in areas of BAL-40/BAL-FZ. A perimeter road would assist in the provision of separation from the hazard and improve the ability for emergency services personnel to undertake firefighting and emergency management activities within Dugulup Brook Creek Reserve.

It has not been sufficiently demonstrated that the Landscape Plan achieves compliance with Schedule 1: Standards for Asset Protection Zones contained in the Guidelines.

·              Subdivision and development applications for vulnerable or high-risk land uses in areas of BAL-40/BAL-FZ will not be supported unless they comply with policy measure Clause 6.7.2 of SPP 3.7. The proposal is not considered to meet the definition of unavoidable development.

 

 

 

Noted.

 

The City recognises that the proposal is a vulnerable landuse in the form of tourism development. Notwithstanding that DFES does not support the development of vulnerable or high-risk land uses in areas of BAL-40/BAL-FZ, the City considers that the site is located within an area that is considered to be a built out area and as such development at BAL-40 – BAL-FZ is approvable. The proposal identifies that all of the development including tourist accommodation that exposed to BAL-FZ will be required to be built to the appropriate construction standards. 

 

If approved, as per the DFES recommendation, prior to commencement of the development officers recommend that the BMP be updated by the Bushfire Planning Practitioner to clearly identify where a Performance Principle Solution has been used to address Bushfire Protection Criteria in place of an Acceptable Solution and it is recommended that as per the DFES recommendations the Practitioner should undertake an audit of the vegetation classifications and distances to vegetation modify the inputs in the BMP as necessary.

 

The BMP to be amended to confirm that the Landscape Plan will comply with Schedule 1 of the Guidelines.

 

 

 

 

2.

Department of Biodiversity, Conservation and Attractions

 

Fauna Management

Western ringtail possums (WRP) are listed as critically endangered under the Biodiversity Conservation Act 2016 (BC Act) and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999. WRP have been recorded within the proposed development site.

The application’s Table 1 Environmental Value-Fauna and Fauna Habitat (Emerge Associates 2020) - states that a fauna management plan has been prepared. A copy of the fauna management plan was not forwarded to DBCA with the application. DBCA recommends that the fauna management plan is prepared in consultation with DBCA.

DBCA notes that a fauna trapping and relocation program is proposed. DBCA advises that the fauna management plan should include a range of measures to manage threatened fauna species.

Fauna spotters should be present on-site prior to, and during vegetation clearing works and demolition works. The fauna spotter must hold a section 40 ministerial authorisation to take or disturb threatened fauna under the BC Act. The fauna spotter should provide a post-clearing report to DBCA swlanduseplanning@dbca.wa.gov.au that includes the numbers of adult or juvenile western ringtail possums observed, taken or disturbed, any injuries or fatalities, and the location of the fauna after clearing occurred.

Please note that WRP can reside in roof spaces and therefore a fauna spotter with a section 40 authorisation may also be required for the demolition of buildings within the site.

Vegetation retention

The Mixed-Use Development plan (Emerge Associates Rev C 13 November 2020) depicts trees to the retained and removed. The plan’s legend indicates that some trees are in poor health and may be removed and therefore the final number of retained trees has not yet been determined.

There should be no impacts to the vegetation along Dugulup Brook reserve on the site’s northern boundary as this forms an important fauna corridor.

When vegetation clearing occurs, all trees to be retained should be clearly marked and protected to ensure there is no accidental damage or removal during development.

DBCA supports the Emerge Associates tree management options outlined in Table 1 Environmental Value – Flora and Vegetation - including the use of fencing along tree drip-lines and minimizing cut or fill within tree protection zones. In addition, a map of the retained trees should be included within the approved fire management plan to minimize accidental clearing/damage when fire management is undertaken.

Western Australian (WA) Peppermint trees (Agonis flexuosa) are preferred habitat for the critically endangered WRP. The landscape shrub planting list could include WA Peppermint trees to enhance habitat for threatened WRP.

General comments

The Dugulup Brook is adjacent to the site’s northern boundary. The drainage management plan should ensure that surface water will be contained within the site with no direct, unfiltered discharge to the Dugulup Brook.

It is suggested that consideration be given to installing fencing or bollards along the northern boundary to define the Dugulup Brook reserve area and protect WRP habitat trees and riparian vegetation.

Noted.

 

The applicant has prepared a Fauna Management Plan which appears to be consistent with the advice given by DBCA.

 

The provision of tree protection zones during construction and the installation of a fence to define the northern boundary in order to protect vegetation within the adjacent reserve have been included in the conditions in the officer recommendation.

 

 

3.

Department of Water and Environment and Regulation (Noise Branch)

 

1. The proposed architectural requirements, such as noise walls on western side of courtyard, the architectural construction of buildings for brewery, restaurant and café, and building envelope construction of Unit 1 in retail and short stay accommodation building, are considered appropriate and sufficient.

2. The proposed noise management requirements, such as locating the live entertainment to the northwest corner of the courtyard, closing the external windows, doors and louvres of the brewery and restaurant buildings when the amplified music with these buildings is louder than background music; limit the music volume within brewery and restaurant buildings, limit the number of patron within the courtyard and deck areas outside the brewery building when this building is used after 10pm etc., are all appropriate and effective. Note that while DJ music levels can be effectively controlled this would be more difficult if the source was live music.

3. Noise criteria quoted for the noise impact and compliance assessment seem correct.

4. Methodology of the noise modelling, including the topographical and meteorological inputs, building envelopes; modelling assumptions, sound power levels quoted for various scenarios and at various venues, seem reasonable and acceptable.

5. The predicted noise emission levels at the four neighbouring residential receptors and the most effected neighbouring commercial premises for various scenarios seem reliable.

6. GHF stated that the noise transmission from the hospitality uses to the shortstay accommodation is not required to comply with the Environmental Protection (Noise) Regulations 1997 (Noise Regulations), because they are located on the same lot and will be operated by the same entity. While this statement is correct, it should be noted that if the short-stay accommodation component is separated from the hospitality component in future, noise compliance at the accommodation site will become a problem.

 

In summary, ENB would agree that the proposed development has the capability of complying with the Noise Regulations.

 

Noted.

 

The environmental noise assessment report is considered reasonably accurate, however officer recommend conditions relating to acoustics of proposed mechanical equipment installations and requirement of preparation of a Noise Management Plan for the implementation of the recommendations in the environmental noise assessment report.

 

4.

Department of Water and Environment and Regulation (Environmental Regulation)

 

The Department has identified that the DA20/0916 - Mixed Use Development has the potential for impact on environment and/or water resource values and/or management.  Key issues and recommendations are provided below and these matters should be addressed:

·              Issue: Clearing of native vegetation.

o     Advice: Based on the information provided it is likely that this proposal is exempt from the requirement for a clearing permit under Regulation 5, Item 1 – Clearing to construct a building of the Environmental Protection (Clearing of Native Vegetation) Regulations 2004 (the Clearing Regulations), as described in the Departments ‘A Guide to the Exemptions and Regulations for Clearing Native Vegetation’.

·              Issue: Located in a sewerage sensitive area (e. land that drains to and is within two kilometres of the following coastal embayments)

o     Advice: Proposal to comply with the Government Sewerage Policy 2019, for sewerage sensitive areas and management of trade waste.

·              Issue: Proposed operation could be categorised as Prescribed Premises.

Advice: Based on the information provided the proposal does not seem to meet the requirement for a Prescribed Premises.

 

 

Noted.

 

5.

Department of Planning Lands and Heritage  (Aboriginal Heritage)

 

A review of the Register of Places and Objects as well as the DPLH Aboriginal Heritage Database and the information provided by the City of BusseIton concludes that the proposed work is within the public boundary of Registered Aboriginal Site ID 20764 (Caves Road Campsite) but not within the boundary as administered by DPLH. For reported Aboriginal heritage places where there is restricted information, the actual location of the place is not publically available, as such, a larger dithered boundary is represented on the publically accessible DPLH Aboriginal Heritage Inquiry System.

 

Therefore based on the information held by DPLH no approvals under the Aboriginal Heritage Act 1972 are required.

 

 

Noted.

 

6.

Department of Planning Lands and Heritage  (State Lands)

140 William Street Perth

Submission is neither in support nor objection, but information only.

 

Future tenure of Lot 4959 (spite strip) will need to be resolved prior to access being available to Lot 1 on to Cape Naturaliste Rd. Options include LGA request Lot 4959 is amalgamated into the road reserve or it amalgamated into the adjoining holders at a value determined by the VGO. Partial removal of spite strip maybe considered. Support for removal of Lot 4959 is required by the City and Land Use Planning Division of DPLH. Other approvals may also be required.

 

 

Noted.

 

A condition of approval is recommended for arrangements to be entered into prior to commencement of the development to address legal access across Reserve 42673. This will require liaison between the landowner, City and relevant sections of DPLH.

 

7.

Main Roads WA

 

It is noted that the road verge for Dunn Bay Road is very narrow near the existing roundabout which will limit future opportunities for upgrading Dunn Bay Road.

Dunn Bay Road is the major access road for the Dunsborough Town Centre with increasing new development and resultant increasing traffic demands.

It is recommended that the Shire ensure that adequate road reserve/ verge is provided to accommodate location of services, dual use paths and possible future upgrading of Dunn Bay Road.

It is considered that the proposed development setback/ road verge to Dunn Bay Road should be increased to provide a minimum verge / reserve width of approximately 5 metres.

Main Roads will be able to assist the Shire with a concept for future upgrading along Dunn Bay Road if required.

The proposed development plan indicates two driveway crossovers to Cape Naturaliste Road. The proposed southern driveway crossover is located within the left turn slip lane for the roundabout / intersection which will create potential for traffic conflicts.

It is recommended that the southern driveway crossover be modified/ realigned to allow for left out only into the left turn slip lane. Alternatively, it is considered that the proposed southern driveway crossover could be deleted.

Also the existing pedestrian crossing on the south side of Dunn Bay Road will need to be relocated to the west to avoid conflict with the proposed new driveway access crossover for the development to Dunn Bay Road.

Further, the Shire should ensure proposed driveway access to Dunn Bay Road is designed to include appropriate turning radius for the required design vehicles.

 

 

 

 

 

Noted.

 

Officers have recommended conditions for the southern crossover to Cape Naturaliste Road to be a controlled access crossover for left out service vehicles only.

 

 

 

PUBLIC SUBMISSIONS

1.

G & W Killian

Dunsborough

We recently received your letter seeking comment on the proposed development as above. Prior to making any submission I would like to get clarification on a couple of things please. In past correspondence from the City of Busselton and per the Dunsborough Town Centre Conceptual Plan forwarded to ratepayers in October 2020, it appears that an extension of Clark St to Cape Naturaliste Rd has been gazetted and also a roadway/pedestrian way from Cyrillean Way to Clark St has been considered. Will these extensions take place? This will have a bearing on our thoughts regarding the mixed development proposal.

Advice to the submitter has been provided that the connection of Clark Street to Cape Naturaliste Road has not been gazetted.

 

The connection of Clark Street to Cape Naturaliste Road is an officer recommendation in both the Local Commercial Planning Strategy (LCPS) and the Dunsborough Town Centre Conceptual Plan, although neither of these are formal planning documents. Through multiple rounds of community engagement (including two recent rounds in late 2020), this proposed connection has been supported by members of the Dunsborough community.

 

It is likely that the connection will be recommended by City officers for inclusion in the forthcoming draft Dunsborough Precinct Structure Plan (DPSP). The draft will, however, need to be endorsed by Council prior to advertising; and will then be subject to a period of community and agency consultation. This may lead to modifications, which again will need Council endorsement, and the final decision will come from the WA Planning Commission.

 

If approved, the DPSP will not provide a formal mechanism to require the connection (which would involve the rezoning of private land via an Amendment to the Local Planning Scheme), however it will provide a basis to undertake the necessary Scheme amendment.

 

Therefore while this is something that officers and the community (from previous consultation) supports, it isn’t a fait accompli, and may still be a lengthy process.

 

In regard to a connection between Clark Street and Cyrillean Way, again this was an officer recommendation in the LCPS and there is an existing Public Access Way. It may be that further upgrades are considered, however this ‘movement’ component of the DPSP has yet to be considered.

 

 

2.

P Tyrell

D Tyrell

R Colvin

L Sproule

P Harris

L Smith

J & J Nuttman

L Bottaglia

V Lepidi

M Lepidi

P Goddard

D Sienkewitz

J Harper

C White

J White

Submission from various residents of Naturaliste Heights.

 

In general, the proposal appears to be well considered but concerned that if identified issues are not dealt with at the beginning then a long-term solution becomes very difficult to implement and retrospective alternatives would be a compromise solution.

 

We are willing to engage with the Developer to achieve a suitable outcome

 

The Submission addresses concerns regarding: -

 

Community Consultation process

The Applicant’s Community Consultant (CC) listed stakeholders with whom they engaged.

 

No residents of Naturaliste Heights have received any correspondence from the CC and the Applicant has not made any attempt to inform themselves of likely concerns and how those concerns can be addressed and / or mitigated.

 

Cross overs to Cape Naturaliste Road

Cars leaving the existing CNR & Dunn Bay Rd round-a-bout and heading north along CNR are doing 60kph and are potentially confronted with vehicles turning right into the northern most cross over. The short distance between the existing round-a-bout and the proposed cross over will increase congestion and possible cueing of cars which will further contribute to the possibility of accidents.

Importantly, residents from Naturaliste Heights, many with young children in tow and quite a few elderly residents, cross CNR to walk into town.

 In summary, the proposed crossovers will: -

• exacerbate vehicular congestion and potential for accidents; and

·              compromise the safely of residents from Naturaliste Heights walking into the CBD.

Suggested Option

• Restrict ingress/egress to service vehicles only;

• Narrow the width of both cross overs; and

• Make them left in left out

 

Aesthetics

With a height of 6460mm the accommodation units will protrude 4360mm above the proposed 2100mm sound attenuation screen fence. The AU are quite severe in their design and not aesthetically pleasing. A softer more appealing aesthetic from CNR should be considered.

Suggested Option

Alter the elevation by lowering the pitch so the maximum height is 4500mm (this still allows ventilation and bed to a loft area).

 

Parking

The Applicant states: -

Based on the City’s Local Planning Policy No. 2.1 – Car Parking (LPP2.1) the following parking requirements are derived for the development, based on 4 bays per 100m2 of Net Leasable Area (NLA) for all land uses:

Table 4 – Parking Requirements

Land use NLA/No. Requirement Proposed

Shop 393m2 NLA 16 62 shared bays with reciprocal parking

Restaurant/café 329m2, 140m2 NLA 19 arrangement (includes 2 ACROD Bays)

Brewery/Tavern 505m2 NLA 20

Tourist Accomm. 20 units 22 22 (includes 2 ACROD Bay)

It is noted the parking requirement has been rounded to the nearest whole number. The deck and alfresco areas are not for the exclusive use of the tenancies and are therefore not included in the NLA.

The Applicant also states: -

At this stage a maximum capacity of 1,000 patrons is envisaged at any one time which will be spread across

the three hospitality buildings, with the following break-down:

• Within Building 1 – 206 patrons

• Within Building 2 – 181 patrons

• Within Building 3 – 71 patrons

• In the external areas (courtyard and decks) – 542 patrons.

Issues

In its report, the Applicant refers to the number of patrons at this stage which suggests the likelihood of further patrons as the population of Dunsborough increases.

In excess of 50% of the patronage (542) is allocated to the courtyard and deck but because these areas are not exclusive no parking has been allowed. This logic is for the benefit of the Applicant and allows them to provide a larger development footprint.

We suggest the courtyard and deck is exclusive to the development and should be included within the area for which parking is required, particularly given that these areas accommodate the highest proportion of the patrons.

Of serious concern is the high likelihood of patrons parking in neighbouring residential streets due to insufficient on-site parking. This will bring with it an element of undesirable anti-social behaviour and this problem will ultimately revert to the City to resolve.

The likelihood of this occurring is known because it already occurs with patrons of the Dunsborough Tavern parking in Martingale Drive. The extent of this is tolerable (so far) but it has the potential to become a much bigger problem if it is not addressed up front.

Suggested Solution

The Applicant should be required to reduce the scale of the development to provide a realistic ratio of on-site parking to the areas allocated for use by patrons (including the alfresco / deck /courtyard areas). Our understanding is that this approach is common when calculating the parking required for restaurants.

 

Operating Hours

The Applicant’s Report states: -

At this stage of the project the operating hours of the hospitality uses have not been confirmed, however the following are anticipated:

• The brewery (Building 1) will generally be open between lunch time and 10pm, and is proposed to operate to midnight for private functions on occasion.

• The restaurant (Building 2) will be open for lunch and dinner, closing prior to 10 pm (Building 2 may on occasion be used for private functions that may extend beyond 10pm); and

• The café (Building 3) will be open for breakfast and lunch, closing in the afternoon.

Issues

The Applicant refers to and is proposed to operate to midnight for private functions on occasion.

Weddings (let alone other events) are big business in Dunsborough & surrounds amongst permanent residents and tourists alike. The number of private functions is likely to increase as the population of Dunsborough increases. On occasion is very broad and could very quickly become 5, 6 or 7 nights per week. The operator is a commercial enterprise in the business of providing services that encourage increased turnover from the sale of food and beverage. It is reasonable to assume they will do all that is commercially possible to increase their turnover, including hosting private functions as often as possible.

Suggested Solution

Limit the time available for private functions to Friday & Saturday night to no later than 12 midnight.

 

Bush Fire Management issues

The Applicant reports: -

Ten short term accommodation cabins experience BAL-FZ because of their proximity to Dugulup Brook Creek Reserve.

The land use planning bushfire risk mitigation strategies are comprehensively detailed in the BMP and respond to the performance criteria that fulfil the intent of the bushfire hazard

management issues outlined in the Guidelines for Planning in Bushfire Prone Areas V1.3 (2017).

 

However, the BMP does not address the potential increased likelihood of fire in the Dugalup Brook Reserve due to activities of those occupying the AU. Due to the proximity of the AU to a heavy fuel load, activity such as a discarded cigarette butt is potentially catastrophic.

 

Suggested Option

Increase the setback of the AU to create minimal impact on the environment and mitigate the potential for fire by maximising the distance of tourist activity from potential fuel sources.

 

 

 

Environmental impact on Dugalup Brook and Fauna

The DUNSBOROUGH STRUCTURE PLAN – AUGUST 1990

The Dunsborough Structure Plan emphasizes preserving the important environmental landscape elements, notably the mature trees, wetlands and creeks, which define Dunsborough: “The high aesthetic value of the environment is a significant feature of Dunsborough providing a scenic setting for urban development but also providing a constraint in that development should create minimal impact on the environment. Insensitive building design and siting will see the essential quality of Dunsborough compromised. It is important that natural or appropriately modified creek-lines and associated vegetation and wetlands are protected as important landscape elements” (DPUD, 1990:6).

Native Fauna

During the current condition mapping, five western ringtail possum (Pseudocheirus occidentalis) dreys were found within the reserve. Four of the dreys were located near the Cape Naturaliste Road end of the reserve where the overstorey is predominantly peppermint trees. The western ringtail possum is listed as a Schedule 1 species (‘Fauna that is rare or likely to become extinct’) under the Western Australian Wildlife Conservation Act (1950), and is a trigger species under the Commonwealth Environment Protection and Biodiversity Conservation Act (1999), listed as ‘vulnerable’.

 

Noise

Results of the Applicant’s Environmental Noise Report confirm compliance based on noise contours at 1.5m above ground level. The report also states: # Patron noise at distance is not known to exhibit annoying characteristics, therefore the penalties for tonality, impulsiveness, and modulation do not apply.

 

Suggested Solution

·              Peer review of the Noise report to verify the correctness of assumptions and outcomes in the Applicant’s Noise Report;

·              Reverse the location of B2 and the Alfresco / Deck area. In doing so the noise from over 50% of the patrons coupled with noise from live entertainment (music has more low-frequency (63 to 125 Hz) sound energy than crowd noise and therefore is more difficult to attenuate) will be directed to the CBD rather than residents of Naturaliste Heights. Additionally, the Alfresco / Deck area will benefit from:

   o exposure to the winter sun;

                o the 3m & 4m high acoustic screen walls may be able to be reduced in height.

 

Odour

The Applicant has not provided any report(s) on the odour that will be emitted from activities at the Brewery or coffee brewing premises.

 

Suggestion

The Applicant be required to engage a suitably qualified Consultant to assess the extent / impact of odours from on-site activities.

 

 

Noted.

 

Noted.

 

 

 

 

 

Noted.

 

 

 

 

Noted. 

The applicants community consultation processes was not a requirement of the City nor has the reported outcomes a relevant consideration in the City’s planning assessment of the proposal.  The City has undertaken public consultation as required by the Local Planning Scheme a result of which is this submission.

 

 

Noted.

Officers have recommended conditions for the southern crossover to Cape Naturaliste Road to be a controlled access crossover for left out service vehicles only.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Noted.  The City is comfortable with the proposed architectural design of the accommodation units which complies with height and other requirements specified for the zone by the Scheme.

 

 

 

 

 

 

 

Noted.

 

The proposal provides for a total of 80 car parking bays, including four universal access bays, across two car parks on the site. The City’s Local Planning Policy No. 2.1 ‘Car Parking’ (LPP2.1) specifies that all new development within the Dunsborough Town Centre (the ‘Centre’ zoned land) should provide car parking at a rate of 4 bays per 100m2 of net lettable area (NLA) for all land uses. While this should, in principle, also apply to the Tourist Accommodation uses proposed, it considered more appropriate to require one bay per unit given the likelihood that guests will drive to their accommodation. Based on the NLA provisions for the retail and food and beverage uses and a rate of one bay per accommodation unit, the proposed development generates a requirement for 75 car bays.  The proposal provides a total of 80 car bays on site, meaning the proposal exceeds the minimum requirement specified by LPP2.1.

 

The level of parking provided is considered sufficient given the likelihood of reciprocal parking with other uses in the town centre and the ability for people to easily walk and cycle to the site.  The proposal also provides space for up to 65 bicycle parking bays, including seven bays within a lockable storage area for staff, which exceeds the LPP 2.1 requirement for 58 bicycle bays.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Noted.

 

It is recommended however that conditions requiring the provision, approval and on-going compliance with appropriate noise and venue management plans, which can address noise emissions from the site and how the venue is managed on an on-going basis, including operating hours, maximum patron numbers, management of patrons leaving the site etc, be included should an approval be issued.