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

CITY OF BUSSELTON

MINUTES OF THE Policy and Legislation Committee MEETING HELD ON 22 June 2022

TABLE OF CONTENTS

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening and Announcement of Visitors. 2

2....... Attendance. 2

3....... Public Question Time. 2

4....... Disclosure Of Interests. 2

5....... Confirmation and Receipt Of Minutes. 3

5.1          Minutes of the Policy and Legislation Committee Meeting held 25 May 2022. 3

6....... Reports. 4

6.1          PROPOSED AMENDMENTS TO THE CONSOLIDATED PARKING SCHEME (CPS). 4

6.2          DOG EXERCISE AREA - YALLINGUP BEACH NORTH OF THE DAWSON DRIVE ACCESS PATH.. 21

6.3          COUNCIL POLICY REVIEW: VERGE AND PUBLIC OPEN SPACE IMPROVEMENT. 27

6.4          COUNCIL POLICY REVIEW: MANAGEMENT OF COMPLAINTS OF ALLEGED BREACHES OF BEHAVIOUR. 42

7....... General Discussion Items. 68

8....... Next Meeting Date. 68

9....... Closure. 68

 


Policy and Legislation Committee                                  2                                                                         22 June 2022

MINUTES

 

MINUTES OF The Policy and Legislation Committee HELD IN The Committee Room, Administration Building, Southern Drive, Busselton, ON 22 June 2022 AT 10.30am.

 

1.               Declaration of Opening and Announcement of Visitors

The Presiding Member opened the meeting at 10:30am.

 

2.               Attendance 

Presiding Member:

 

Members:

 

Cr Ross Paine

 

Cr Anne Ryan

Cr Jodie Richards

Cr Grant Henley (Deputy)

Cr Paul Carter (Deputy)

 

Officers:

 

Mr Tony Nottle, Acting Chief Executive Officer
Mr Paul Needham, Director, Planning and Development Services
Ms Sarah Pierson, Manager Governance and Corporate Services
Mr Daniell Abrahamse, Manager Engineering and Technical Services

Mr Ian McDowell, Ranger and Emergency Services Coordinator

Mr Ronnie Wildschut, Development Control Coordinator

Mrs Emma Heys, Governance Coordinator
Ms Jo Barrett-Lennard, Governance Officer

 

Apologies:

 

Cr Kate Cox

Cr Phill Cronin

 

3.               Public Question Time

                   Nil

 

4.               Disclosure Of Interests

Nil


5.               Confirmation and Receipt Of Minutes

5.1             Minutes of the Policy and Legislation Committee Meeting held 25 May 2022

Committee Decision

PL2206/463            Moved Councillor A Ryan, seconded Councillor P Carter

That the Minutes of the Policy and Legislation Committee Meeting held 25 May 2022 be confirmed as a true and correct record.

CARRIED 5/0

  


Policy and Legislation Committee                                  6                                                                         22 June 2022

6.               Reports

6.1             PROPOSED AMENDMENTS TO THE CONSOLIDATED PARKING SCHEME (CPS)

STRATEGIC THEME

LIFESTYLE - A place that is relaxed, safe and friendly with services and facilities that support healthy lifestyles and wellbeing

STRATEGIC PRIORITY

2.10 Provide local road networks that allow for the safe movement of people through the District.

SUBJECT INDEX

Consolidated Parking Scheme

BUSINESS UNIT

Environmental Services

REPORTING OFFICER

Ranger & Emergency Services Coordinator - Ian McDowell

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

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   CPS Amendment Queen Street

Attachment b    CPS Amendment Castle Rock Road 1

Attachment c    CPS Amendment Castle Rock Road 2

Attachment d   CPS Amendment Castle Rock Road 3

Attachment e    CPS Amendment Smiths Beach SLS

Attachment f    CPS Amendment Barnard Park West

Attachment g   CPS Amendment Old Tennis Club

Attachment h   CPS Amendment Smiths Beach Road Congestion

Attachment i     CPS Amendment Smiths Beach Road No Stopping

Attachment j     CPS Amended Smiths Beach Road No Stopping (inclusive of Committee Amendments)  

OFFICER RECOMMENDATION

That Council, pursuant to clause 2.1 of the City of Busselton Parking Local Law 2020, approves the following amendments to the Consolidated Parking Scheme:

1.         Designation of two parking bays in Queen Street outside St Mary’s Church, as shown in Attachment A, as “No Parking, 9am to 5pm Mon to Fri, Hearses Excepted”;

2.         Designation of both sides of Castle Rock Road in Meelup Regional Park, as shown in Attachments B, C and D, as “No Parking, Road or Verge”;

3.         Designation of an area close to the beach access gate to Smiths Beach, as shown in Attachment E, as “No Parking, 7am to 12pm Sun, Oct to Apr, Surf Life Saving Vehicles Excepted”;

4.         Designation of one parking bay in the Barnard Park West western car park, as shown in Attachment F, as “No Parking, 6am to 6pm Mon to Fri, Authorised Vehicles Excepted”; and

5.         Designation of the following special purpose parking bays in the Old Tennis Club car park, as shown in Attachment G, as follows:

(a)       five new disabled parking bays located within the car park;

(b)       two loading zones on the northern side of Foreshore Parade; and

(c)       one bus zone on the northern side of Foreshore Parade.

6.         Amending the designation of both sides of Smiths Beach Road, as shown in Attachment I, from “No Stopping” to “No Stopping, Road or Verge”.

LAPSED

FOR WANT OF A SECONDER

The officer recommendation lapsed for want of a seconder.

 

Cr Henley foreshadowed an alternative recommendation. Debate ensued.

 

The alternative recommendation was moved and carried.

 

Committee Recommendation

PL2206/464            Moved Councillor G Henley, seconded Councillor P Carter

That Council, pursuant to clause 2.1 of the City of Busselton Parking Local Law 2020, approves the following amendments to the Consolidated Parking Scheme:

1.         Designation of two parking bays in Queen Street outside St Mary’s Church, as shown in Attachment A, as “No Parking, 9am to 5pm Mon to Fri, Hearses Excepted”;

2.         Designation of both sides of Castle Rock Road in Meelup Regional Park, as shown in Attachments B, C and D, as “No Parking, Road or Verge”;

3.         Designation of an area close to the beach access gate to Smiths Beach, as shown in Attachment E, as “No Parking, 7am to 12pm Sun, Oct to Apr, Surf Life Saving Vehicles Excepted”;

4.         Designation of one parking bay in the Barnard Park West western car park, as shown in Attachment F, as “No Parking, 6am to 6pm Mon to Fri, Authorised Vehicles Excepted”; and

5.         Designation of the following special purpose parking bays in the Old Tennis Club car park, as shown in Attachment G, as follows:

(a)       five new disabled parking bays located within the car park;

(b)       two loading zones on the northern side of Foreshore Parade; and

(c)       one bus zone on the northern side of Foreshore Parade.

6.         Amending the designation of both sides of Smiths Beach Road, as shown in Attachment J, inclusive of the Committee Amendments, from “No Stopping”  on Eastern side, and amending Western side to “No Stopping, Road or Verge”.

CARRIED 4/1

for: cr henley, cr carter, cr richards, cr ryan

against: cr paine

Reasons:              The Committee recommended to allow parking on the eastern side of Smiths Beach Road as per Attachment J to alleviate access issues on a trial basis for the 2022/2023 summer season.

 

EXECUTIVE SUMMARY

This reports presents a number of proposed changes to the Consolidated Parking Scheme (CPS) pursuant to Clause 2.1 of the City of Busselton Parking Local Law 2020.

BACKGROUND

The CPS is an administrative document and series of maps that detail car parking restrictions across the local government district. Restrictions include timed parking zones, no parking/no stopping zones, and special purpose parking zones including disabled parking bays, loading zones, taxi zones, and bus zones. The current version of the CPS was endorsed by the Council in February 2018 (CC1802/21) however, there have been some minor amendments to the CPS since that time.

 

The City of Busselton Parking Local Law was last reviewed in 2020. Under the provisions of the previous version (2010) of the Parking Local Law, the authority under clause 2.1 to determine parking stalls, parking stations and parking areas, approving amendments to the CPS, was delegated to the City’s Chief Executive Officer.

 

Under this delegation amendments to the CPS did not occur without first consulting with Councillors. Prior to a change being made Councillors were provided written notice of the proposed change, and if they considered it appropriate to do so, could request a report be presented to the Council for their consideration.

 

During the review of the Parking Local Law in 2020, the Department of Local Government, Sport and Cultural Industries advised that the power to make determinations under clause 2.1 of the Local Law could not be delegated. As a result of this all amendments to the CPS, even those that are relatively minor in nature, require a resolution of the Council before taking effect.

OFFICER COMMENT

No Parking (Hearses Excepted): St Mary’s Anglican Church, Queen Street - Attachment A.

St Mary’s Anglican Church (the Church) has approached the City requesting that two of the Queen Street parking bays outside the Church be reserved for hearse parking only, Monday to Friday.  Prior to the recent roundabout works at the intersection of Queen Street and Peel Terrace, the first of these two bays had the word “reserved” spray painted on the road however, the wording had faded and was not enforceable.

 

Currently, the two bays in question have no restrictions meaning motorists can park there all day. Anecdotally, employees of nearby businesses in Queen Street utilise these bays all day on a daily basis causing issues for the Church when funeral services are scheduled. In August 2021 for example, a funeral director (parked in the first bay) but was unable to remove the deceased from the hearse as another vehicle parked in the second bay behind the hearse was causing an obstruction.

 

Officers support the request from the Church and propose to regulate parking in the first two bays outside the Church in Queen Street (as shown in Attachment A) by designating them: “No Parking, 9am to 5pm Mon – Fri, Hearses Excepted.” The change would not have a significant impact on overall parking availability or supply in the Busselton City Centre.

 

No Parking Road or Verge: Castle Rock Road - Attachments B, C and D.

The demand for parking at Castle Rock beach during peak holiday periods is high. This creates a hazardous situation when motorists, unable to park in the beach car park, park on both sides of Castle Rock Road. This has the potential to obstruct access for emergency service vehicles attending emergency incidents in the area. There is also an added risk of hot exhausts from vehicles parked over dry vegetation causing a bush fire.

 

To mitigate the risk on Boxing Day and Australia Day, traditionally two of the busiest days at Meelup Regional Park, from 2016/17 to 2020/21 the City controlled vehicular access to Meelup Regional Park through the implementation of vehicle check points at either end of Meelup Beach Road at an approximate cost of $4,500 per day.

 

It should be noted that part of the rationale for controlling access to Meelup Regional Park, on Boxing Day and Australia Day, was to discourage large gatherings of people who were at times engaging in anti-social behaviour. This strategy appears to have worked with incidents of anti-social behaviour greatly reduced over the past five years.

 


As a means of better controlling the hazards associated with vehicles parking along Castle Rock Road on a permanent basis, rather than just Boxing Day and Australia Day each year, this report proposes to prohibit parking along Castle Rock Road (as shown on Attachments B, C and D) by designating it “No Parking, Road or Verge”.

 

No Parking (Surf Lifesaving Vehicles Excepted): Smiths Beach - Attachment E.

The Smiths Beach Surf Lifesaving Club (SLC) has approached the City requesting a 24 metre length of the gravel road shoulder, adjacent to the beach vehicle access ramp be reserved for SLC vehicle parking only, from 7am to 12pm on Sundays, October to April each year.

 

The basis for their request is that a suitable area to park and unload a trailer transported off-road all-terrain vehicle (ATV) for use on the beach is a critical aspect of running Smiths Beach SLC Nipper Program and surf patrols. Equipment trailers from the SLC Club Shed on Canal Rocks Road are towed by normal on-road vehicles to the beach access ramp, where they are unhitched from the vehicles and hitched to the ATV that then tows them onto the beach (3 to 5 trailers are used on any given Sunday during SLS operations). It has been getting increasingly difficult for the SLC to park and unload the ATV due to the high demand for public parking at Smiths Beach during peak holiday periods.

 

Officers support the request from Smiths Beach SLC and propose to regulate parking on the gravel road shoulder, immediately adjacent to the beach vehicle access ramp by designating it “No Parking, 7am to 12pm Sun, Oct – April, Surf Life Saving Vehicles Excepted” (as shown in Attachment E).

 

No Parking (Authorised Vehicles Excepted): Barnard Park West Western Car Park - Attachment F.

The City’s Jetty Maintenance Team has requested that one parking bay in the Barnard Park West western car park be reserved for authorised City vehicles only from 6am to 6pm, Monday to Friday.

 

Although there is parking available within the jetty maintenance compound, immediately adjacent to the car park, there are times the compound needs to be cleared to allow larger vehicles to enter. Often during peak periods, there are no bays available in the car park, and this hinders jetty maintenance.

 

This report proposes to regulate parking in one bay, immediately adjacent to the maintenance compound, in the Barnard Park West western car park by designating it “No Parking, 6am to 6pm Mon – Fri, Authorised Vehicles Excepted” (as shown in Attachment F).

 

Special Purpose Parking: Old Tennis Club Car Park - Attachment G.

The Old Tennis Club car park is an all-day parking area bounded by Marine Terrace to the south, Queen Street to the west, Foreshore Parade to the north, and Jetty Way to the east. The car park was constructed in two parts and includes six disabled parking bays. One of the disabled parking bays has already been included in the CPS however, the remaining five have not.

 

Located on the northern side of Foreshore Parade are two loading zones, and one bus zone which are also not reflected in the CPS.

 

This report proposes to amend the CPS (as shown in Attachment G) by adding the as constructed five disabled parking bays, two loading zones, and one bus zone to the CPS.

 


No Parking Road or Verge: Smiths Beach Road (for P&L discussion) - Attachments H and I.

Currently both sides of Smiths Beach Road, from Canal Rocks Road to a point approximately level with the north-east corner of the Smiths Beach Resort, are designated no stopping areas in the CPS. This restriction applies only to the road. During peak holiday periods when the demand for parking is high, motorists often park on the verge in bush areas. Others park with half of their vehicle on the verge and the other half on the road. Some ignore the restrictions altogether and park wholly on the road.

 

A major issue during those peak periods is the ’follow the leader’ affect which occurs when one or two people choose to park contrary to the existing no stopping signs, then others follow in the belief that if “they can do it, so can we”. Unfortunately, when this happens it creates a hazardous situation due to traffic and parking congestion as shown at Attachment H.

 

Concerns regarding this congestion were raised through the City’s Bush Fire Advisory Committee (BFAC), on behalf of some Smiths Beach residents by one of the Fire Control Officers of the local Volunteer Bush Fire Brigade. Concerns are that congestion of the type as shown in Attachment H may seriously hamper emergency access and egress for first responders to an incident, or a forced evacuation due to an emergency incident such as a bushfire.

 

Certainly one of the ways to manage this congestion is for the City to have zero tolerance to illegal parking along Smiths Beach Road. That would most likely only be a temporary fix, though, as the City’s ability to rigorously enforce these restrictions on a regular basis is limited (Smiths Beach is only one area within the City where parking demand is high during peak holiday periods). It may also harm the reputation of the City as a tourist destination if we start to regularly issue parking infringements at this or any other location for which there is high demand for parking.

 

A solution to this problem may be to amend the CPS to change the restriction from “No Stopping” to “No Stopping, Road or Verge”.  This would act as a deterrent and provide greater clarity to those people who choose to straddle the road and verge when parking along Smiths Beach Road, apparently with the belief that because part of their vehicle is not on the road they are not committing an offence. Another major concern associated with people wholly or partially parking on the verge is the risk of a bushfire starting when a hot exhaust comes into contact with dry vegetation.

 

Should the CPS be amended as recommend the City’s initial approach would be one of education, including written cautions for people who choose to ignore the restrictions, followed by a period of stronger enforcement whereby infringements would be issued to offenders as a means of changing behaviours.

 

This report proposes to amend the CPS (as shown in Attachment I) changing the parking designation of Smiths Beach Road from “No Stopping” to “No Stopping, Road or Verge”.

 

P&L may choose to proceed with this amendment to the CPS as recommended above. Alternatively, due to high community interest in the proposed Smiths Beach Development, P&L may recommend consultation with the affected community prior to considering this proposal.

 

Statutory Environment

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

 


Pursuant to clause 2.1 of the City of Busselton Parking Local Law 2020 (the Local Law):

 

“Determination of parking stalls, parking stations and parking areas

(1)       The Council may by resolution constitute, determine or vary:

(a)      parking stalls;

(b)      parking stations;

(c)       parking areas;

(d)      no parking areas;

(e)       no stopping areas;

(f)       permitted time and conditions of parking in parking stalls, parking stations and parking areas which may vary with the locality;

(g)      permitted classes of vehicles which may park in parking stalls, parking areas and parking stations;

(h)      permitted classes of persons parking stalls, parking stations and parking areas; and

(i)        the manner of parking in parking stalls, parking stations and parking areas.

(2)       Where the Council makes a determination under subclause (1), the CEO must give local public notice of, and erect signs to give effect to, the determination.”

 

Under the provisions of clause 1.8 of the Local Law:

 

“For the purpose of this local law, vehicles are divided into classes as follows:

a.         buses;

b.         commercial vehicles;

c.         motorcycles and bicycles;

d.         taxis; and

e.         all other vehicles.”

 

In the case of the recommendation to regulate parking in the first two parking bays outside St Mary’s Anglican Church, a hearse would be included in the classification “all other vehicles”.

 

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. Costs for the installation of parking signage and/or line marking will be funded using existing operating budgets.

 

Stakeholder Consultation

The proposal to regulate parking along Castle Rock Road was presented to, and endorsed by the Meelup Regional Park Working Group.

 

Other than the above, no external stakeholder consultation was required or undertaken in relation to this matter.

 

Risk Assessment

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

Options

As an alternative to the proposed recommendation the Council could approve with changes all or some of the proposed amendments to the CPS.

CONCLUSION

Officers are proposing that the Council approves the recommended amendments to the Consolidated Parking Scheme pursuant to Clause 2.1 of the City of Busselton Parking Local Law 2020.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

If approved by the Council, public notice of the amendments to the CPS will be given within four weeks. Signage designating the changes will be procured concurrently with the public notice and will be erected as soon as practicable after receipt.

 


Policy and Legislation Committee

11

22 June 2022

6.1

Attachment a

CPS Amendment Queen Street

 


Policy and Legislation Committee

12

22 June 2022

6.1

Attachment b

CPS Amendment Castle Rock Road 1

 


Policy and Legislation Committee

13

22 June 2022

6.1

Attachment c

CPS Amendment Castle Rock Road 2

 


Policy and Legislation Committee

14

22 June 2022

6.1

Attachment d

CPS Amendment Castle Rock Road 3

 


Policy and Legislation Committee

15

22 June 2022

6.1

Attachment e

CPS Amendment Smiths Beach SLS

 


Policy and Legislation Committee

16

22 June 2022

6.1

Attachment f

CPS Amendment Barnard Park West

 


Policy and Legislation Committee

17

22 June 2022

6.1

Attachment g

CPS Amendment Old Tennis Club

 


Policy and Legislation Committee

18

22 June 2022

6.1

Attachment h

CPS Amendment Smiths Beach Road Congestion

 


Policy and Legislation Committee

19

22 June 2022

6.1

Attachment i

CPS Amendment Smiths Beach Road No Stopping

 


Policy and Legislation Committee

20

22 June 2022

6.1

Attachment j

CPS Amended Smiths Beach Road Stopping Restrictions

 


Policy and Legislation Committee                                  21                                                                      22 June 2022

6.2             DOG EXERCISE AREA - YALLINGUP BEACH NORTH OF THE DAWSON DRIVE ACCESS PATH

STRATEGIC THEME

LIFESTYLE - A place that is relaxed, safe and friendly with services and facilities that support healthy lifestyles and wellbeing

STRATEGIC PRIORITY

2.3 Provide well planned sport and recreation facilities to support healthy and active lifestyles.

SUBJECT INDEX

Animal Management

BUSINESS UNIT

Environmental Services

REPORTING OFFICER

Ranger & Emergency Services Coordinator - Ian McDowell

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

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   Yallingup Beach - Dog Exercise Area North of Dawson Drive  

 

Committee Recommendation

PL2206/465            Moved Councillor P Carter, seconded Councillor A Ryan

That the Council:

1.         After the giving of 28 days public notice, pursuant to section 31(3C) of the Dog Act 1976, resolves to adopt and implement, pursuant to section 31(3A) of the Dog Act 1976, a one kilometre length of Yallingup Beach north of the Dawson Drive access path , bounded by Leeuwin Naturaliste National Park in the east, Ngari capes marine park in the west as a dog exercise area; and

2.         Resolves to adopt the following with regard to the specified area in recommendation 1: 

(a)       Beach areas, including the beach only (i.e. from the limit of the ephemeral vegetation or the toe of the seawall to the low water marks only, and not including vegetated foreshore areas, beach access paths or car parks) to be categorised as ‘Dog Exercise Area’ with that area being defined as follows:

(i)        Pursuant to s.31(3A) of the Dog Act 1976 dogs are permitted, including off-leash, at all times except when approved organised events are taking place, wherein dogs are to be prohibited (except assistance dogs as defined by s.8 of the Dog Act 1976)  unless specifically permitted by the City.

CARRIED 5/0

by absolute majority

Reasons:              The Committee requested an amendment to part 2(a)(i) of the recommendation                                 to provide clarity and alignment to the Dog Act 1976. 

OFFICER RECOMMENDATION

That the Council:

1.         After the giving of 28 days public notice, pursuant to section 31(3C) of the Dog Act 1976, resolves to adopt and implement, pursuant to section 31(3A) of the Dog Act 1976, a one kilometre length of Yallingup Beach north of the Dawson Drive access path , bounded by Leeuwin Naturaliste National Park in the east, Ngari capes marine park in the west as a dog exercise area; and


2.         Resolves to adopt the following with regard to the specified area in recommendation 1: 

(a)       Beach areas, including the beach only (i.e. from the limit of the ephemeral vegetation or the toe of the seawall to the low water marks only, and not including vegetated foreshore areas, beach access paths or car parks) to be categorised as ‘Dog Exercise Area’ with that area being defined as follows:

(i)              Pursuant to s.31(3A) of the Dog Act 1976 and means that dogs are permitted, including off-leash, at all times except when approved organised events are taking place, wherein dogs are to be prohibited (except assistance dogs as defined by s.8 of the Dog Act 1976)  unless specifically permitted by the City.

EXECUTIVE SUMMARY

The Department of Biodiversity, Conservation and Attractions (DBCA) Parks and Wildlife Services has approached the City to request Yallingup Beach north of the Dawson Drive access path (as identified in green within Attachment A), be designated as a dog exercise area under the provisions of the Dog Act 1976 (the Act).

 

This section of beach has been informally used as a dog exercise area (DEA) for some years. This report seeks to formalise this practice, and in doing so, enable the City’s Rangers to enforce relevant provisions of the Act if and when required.

BACKGROUND

The City’s existing dog management controls were established through a series of Council decisions between September 2014 and October 2016. During the process of establishing these controls, there was extensive consultation with the community and community groups.

 

As a result of this, Yallingup Beach south of the Dawson Drive access path was declared a dog prohibited area (an area where dogs are prohibited at all times). Consideration was given to declaring the proposed DEA north of Dawson Drive as a DEA, however as the land was understood to be within the marine park this did not eventuate.

 

In January this year, officers from DBCA approached the City requesting that we assume dog management responsibility for the northern section of the beach by designating it a DEA under the provisions of the Act.

 

The request was triggered from negative public feedback from beach users to DBCA, impacted by nuisance behaviour of dogs left unattended by owners in the water. As the City already has a dog prohibited area designated on the southern section of the beach, DBCA approached the City to request assistance in dog management controls for the proposed area in the north. Formalisation of this location as a DEA will mean all beach users are aware that dogs off leash are permitted on the northern section of the beach.

OFFICER COMMENT

This report proposes to establish a one kilometre length of Yallingup Beach, north of the Dawson Drive access path as a DEA (the green shaded area of Attachment A).

 

Yallingup Beach south of the Dawson Drive access path (the red shaded area of Attachment A) will remain a dog prohibited area as will the car park, known as the Rabbit’s car park and including all beach access paths, within the Leeuwin Naturaliste National Park. This means the only access path to the dog beach will be from the Dawson Drive access path.

 

The responsibility for enforcing the dog prohibition within the National Park will remain with Parks and Wildlife Services.

If approved by the Council, this area would be the only dog exercise beach on the Western Cape. Although a portion of Smiths Beach is designated a seasonal DEA, the seasonal restrictions means that dogs are prohibited on the beach from 9am to 5pm, December to February inclusive.

 

Designating the section of the beach north of Dawson Drive as a dog exercise area is the preferred option of officers. This would allow dog owners to continue to exercise their dogs off-leash. Whilst the City’s ability to patrol this or any other beach within the district would not be increased as a result of this designation, it would allow the City to engage with and educate dog owners and taking stronger enforcement action if necessary.

 

It should be noted that without some type of dog control designation under the provisions of the Act, the UCL portion of the beach would default to an area where dogs may be exercised but only on-leash. Therefore, as there has been no formal dog control designation on that part of the beach in the past, it has not been an area patrolled by the City. From a practical enforcement perspective, any formal reduction in what has become custom and practice for many years (i.e. dogs being exercised off-leash) would be problematic and likely to create an unrealistic expectation that those controls would be rigorously enforced and/or complied with. If dogs were prohibited, or required to be on-leash it would create an influx of complaints to the City or DBCA whenever non-compliance is observed by those who oppose dogs on the beach.

 

Statutory Environment

The management and control of dogs in public areas is prescribed under the following sections of the Dog Act 1976:

 

Section 31(3A):

A local government may, by absolute majority as defined in the Local Government Act 1995 section 1.4, specify a public place, or a class of public place, that is under the care, control or management of the local government to be a dog exercise area.

Section 31(3C)(b):

At least 28 days before specifying a place to be a dog exercise area under subsection (3A) a local government must give local public notice as defined in the Local Government Act 1995 section 1.7 of its intention to so specify.

 

Assistance dogs, and persons entitled to be accompanied by assistance dogs, are defined in section 8 of the Dog Act 1976. Under the provisions of section 8(2) a person mentioned in subsection (3):

 

a.         is entitled to be accompanied by an assistance dog, in any building or place open to or used by the public, for any purpose, or in any public transport: and

b.         is not guilty of an offence by reason only that he or she takes that dog into or permits that dog to enter any building or place open to or used by the public or on any public transport.

 

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

Extensive consultation has been undertaken by City officers to assess the feasibility of determination of the proposed area as a DEA. The process has been triggered from a request from DBCA, followed by on site meetings and extensive email correspondence between the City and DBCA officers.

 

Property owners in Yallingup townsite were invited in writing to comment on the proposal to specify Yallingup Beach north of Dawson Drive access path, a dog exercise area.

 

The Yallingup Residents Association (YRA), and Yallingup Land Conservation District Committee (LCDC) were also invited to comment and whilst both acknowledged this is an important community issue, both committees chose not to provide comment on behalf of their members. Instead they recommended their members respond on an individual and independent basis.

 

Of the 206 property owners who were invited to comment, 41 responded. Six of the respondents oppose the proposal, and 34 support it. It was unclear whether the remaining respondent opposed or supported the proposal and when requested to clarify, they did not respond further.

 

The views expressed by respondents were at either end of the spectrum with those in opposition “strongly opposed” to it, and many of those in support “strongly supporting” it.

 

It appeared that from some comments provided, there was a perception the area is already a designated dog exercise area. Some supporters welcomed the social aspects of formalising the designation, and noted the lack of dog exercise beaches on the Western Cape.

 

Reasons for opposing the proposal include:

 

1.    Some dogs are left unrestrained (unattended) on the beach while their owners are swimming or surfing in the water;

2.    Unattended dogs are:

a.    jumping up on children and the elderly walking on the beach;

b.    running on and through the personal belongings of other beach users;

c.     aggressive towards other beach users and dogs;

d.    toileting on the beach with absent owners not cleaning up after their dog;

3.    The proposed area includes a portion of the beach patrolled by Surf Life Saving WA (SLSWA) during the summer months;

4.    Yallingup beach is an iconic beach, no other iconic beaches throughout Australia allow dogs; and

5.    The beach is part of the Leeuwin National Park and as such dogs are prohibited under the provisions of the Conservation and Land Management Act 1984.

 

Due to the amount of community interest in the management of dogs at Yallingup Beach, officers will advise all respondents to the consultation process of the Committee’s recommendation and when it will be put to Council for consideration.

 

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:

1.         Resolve to maintain the status-quo and not to make any formal dog management controls at Yallingup Beach north of the Dawson Drive access path.

2.         Resolve to establish dog management controls at Yallingup Beach north of the Dawson Drive access, other than that recommended. That could be, pursuant to section 31(2B) of the Dog Act 1976, to specify the area:

a.    an area where dogs are prohibited at all times; or

b.    an area where dogs are prohibited at specified times (a seasonal dog exercise area).

CONCLUSION

Specifying Yallingup Beach north of the Dawson Drive access path as a dog exercise area will formalise what has been occurring informally in that area for many years. The City has consulted with property owners in Yallingup townsite, the Yallingup Residents’ Association, and the Yallingup Land Conservation District Committee (LCDC). The results of the consultation indicate respondents are overwhelmingly in support of specifying this part of the beach a dog exercise area.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Should the Council endorse the officer recommendation to specify Yallingup Beach north of the Dawson Drive access path, officers will arrange for the public notice requirements of the Dog Act 1976 to be actioned within two weeks.

 

The changes will then come into force 28 days after the giving of the public notice, at which time arrangements will be made to erect the necessary signage at that location to indicate it is a dog exercise area.

 


Policy and Legislation Committee

26

22 June 2022

6.2

Attachment a

Yallingup Beach - Dog Exercise Area North of Dawson Drive

 


Policy and Legislation Committee                                  28                                                                      22 June 2022

11:27am              At this time, Mr Nottle entered the meeting.

 

11:28am              At this time, Mr Needham and Mr McDowell left the meeting.

 

11:29am              At this time, Mr Abrahamse and Mr Wildschut entered the meeting.

 

6.3             COUNCIL POLICY REVIEW: VERGE AND PUBLIC OPEN SPACE IMPROVEMENT

STRATEGIC THEME

LEADERSHIP - A Council that connects with the community and is accountable in its decision making.

STRATEGIC PRIORITY

4.2 Deliver governance systems that facilitate open, ethical and transparent decision making.

SUBJECT INDEX

Council Policies

BUSINESS UNIT

Governance Services

REPORTING OFFICER

Governance Coordinator - Emma Heys

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

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

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Council policy: 185/3 Verge and Public Open Space Improvement - Subdivision (Current)

Attachment b    Council policy: Verge and Public Open Space Improvement - Subdivisions (Proposed)  

 

Committee Recommendation

PL2206/466            Moved Councillor P Carter, seconded Councillor G Henley

That Council adopt the amended Council policy: Verge and Public Open Space Improvement – Subdivisions (Attachment B) to replace the current policy (Attachment A).

CARRIED 5/0

OFFICER RECOMMENDATION

That Council adopt the amended Council policy: Verge and Public Open Space Improvement – Subdivisions (Attachment B) to replace the current policy (Attachment A).

EXECUTIVE SUMMARY

This report presents an amended Council policy: Verge and Public Open Space Improvement – Subdivisions (the Policy) (Attachment B), with the policy having been reviewed as part of the City’s ongoing review of its Council policies. Officers recommend it replaces the current Council policy (Attachment A.)

BACKGROUND

Council policy: Verge and Public Open Space Improvement – Subdivisions was last reviewed 13 December 2017 (Attachment B). The intention of the policy is to establish the City’s minimum landscaping standards and to provide guidance around how the City will deal with proposals from a developer to implement within a subdivision a higher standard of landscaping and infrastructure. 

 

Officers have undertaken a review of the Policy as part of the City’s ongoing review of Council policies and are proposing a number of amendments to improve the application of the policy.

OFFICER COMMENT

The objective of the Policy is to outline how the City will deal with proposals from developers of subdivisions to construct or apply a higher standard of landscaping and infrastructure to new subdivisions that are to be vest to the City for management.

 

The City has set out a minimum standard of subdivision landscaping and infrastructure within its Engineering Technical Standards and Specifications (Technical Specifications) and whilst the preference is that this standard is not exceed, it is acknowledged that historically in selected subdivisions a higher standard has been constructed and provided for through application of a Specified Area Rate (SAR), and that there may be instances where the Council would consider this in the future.

 

The information required for developing landscaped areas is contained within the Technical Specifications, Section 9(a) and 9(g) – Landscape;

·        Section 9a - Landscaping General

·        Section 9b - Landscape Irrigation

·        Section 9c - Landscape Road Reserve or Nature Verge

·        Section 9d - A Guide to Landscape POS Rev A

·        Section 9e - Combined Species Rev A

·        Section 9f - Environmental Weeds Rev A

·        Section 9g - A Guide to Landscape Entry Statements

 

These standards and specifications need to be read in conjunction with the City's relevant statutory requirements, Council Policies, relevant State and Federal Government policy and the WA Planning Commission (WAPC) conditions including operational policy Liveable Neighbourhoods (latest version).

 

The proposed amendments to the Policy set out the City’s position with respect to proposals from a developer for a higher standard of landscaping and infrastructure in subdivisions that are intended to be vested in the City for management. That is, that a SAR would be applied subject to the approval of Council, and the submission of plans.  The option of a Developer Funded Landscape Annuity Proposal has been removed, as this is not a current practice.

 

The duplications with the Technical Specifications has been removed from the Policy and replaced with a simple reference to the minimum standards of landscaping and infrastructure required by the City.

 

How a SAR is to be calculated has been removed from the Policy as this would be determined at the time as part of any application to Council for a SAR. This detail is to be included in the Technical Specifications when a review of these documents is undertaken.

 

Statutory Environment

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

 

Relevant Plans and Policies

The City’s Engineering Technical Standards and Specifications are a relevant document associated with the officer recommendation.

 


Financial Implications

There are no financial implications associated with the officer recommendation.

 

Stakeholder Consultation

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

 

Risk Assessment

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

 

Options

As an alternative to the proposed recommendation the Council could chose not to adopt the amended policy and retain the policy in its current form. For the reasons outlined in the officer comment above, this option is not recommended.   The Council could also choose to make further amendments to the Policy.

CONCLUSION

An amended Council policy: Verge and Public Open Space Improvement – Subdivisions (the Policy) (Attachment B), is presented to Council for endorsement, with the policy having been reviewed as part of the City’s ongoing review of its Council policies. Officers recommend it replaces the current Council policy (Attachment A.)

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The officer recommendation will be implemented within one week of Council’s endorsement.

 


Policy and Legislation Committee

32

22 June 2022

6.3

Attachment a

Council policy: 185/3 Verge and Public Open Space Improvement - Subdivision (Current)

 











Policy and Legislation Committee

41

22 June 2022

6.3

Attachment b

Council policy: Verge and Public Open Space Improvement - Subdivisions (Proposed)

 



Policy and Legislation Committee                                  45                                                                      22 June 2022

11:40am               At this time, Mr Abrahamse and Mr Wildschut left the meeting; Ms Pierson entered         the meeting.

6.4             COUNCIL POLICY REVIEW: MANAGEMENT OF COMPLAINTS OF ALLEGED BREACHES OF BEHAVIOUR

STRATEGIC THEME

LEADERSHIP - A Council that connects with the community and is accountable in its decision making.

STRATEGIC PRIORITY

4.2 Deliver governance systems that facilitate open, ethical and transparent decision making.

SUBJECT INDEX

Council Policies

BUSINESS UNIT

Corporate Services

REPORTING OFFICER

Manager Governance and Corporate Services - Sarah Pierson

Governance Coordinator - Emma Heys

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

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

VOTING REQUIREMENT

Absolute Majority

ATTACHMENTS

Attachment a   Council Policy: Management of Complaints of Alleged Breaches of Behaviour (Current)

Attachment b    Amended Council Policy: Management of Complaints of Alleged Breaches of Behaviour (Clean)

Attachment c    Amended Council Policy: Management of Complaints of Alleged Breaches of Behaviour (Tracked Changes)

Attachment d   Council Policy: Management of Complaints of Alleged Breaches of Behaviour (inclusive of Committee Amendments)

 

Committee Recommendation

PL2206/467            Moved Councillor A Ryan, seconded Councillor P Carter

That the Council adopts the amended Council policy: Management of Complaints of Alleged Breaches of Behaviour (the Policy) (Attachment D), inclusive of the Committee Amendments, to replace the current policy (Attachment A).

CARRIED 5/0

by absolute majority

Reasons:                 The Committee recommended the amendments as per Attachment D to provide clarity during the Committee finding process.

 

OFFICER RECOMMENDATION

That the Council adopts the amended Council policy: Management of Complaints of Alleged Breaches of Behaviour (the Policy) (Attachment B) to replace the current policy (Attachment A).

 

EXECUTIVE SUMMARY

This report presents an amended Council policy: Management of Alleged Breaches of Behaviour (the Policy) (Attachment B) for Council endorsement, to replace the current policy (Attachment A).


BACKGROUND

In accordance with section 5.103 of the Local Government Act 1995 (the Act) and the Local Government (Model Code of Conduct) Regulations 2021 (the Regulations), Council adopted a Code of Conduct for Council Members, Committee Members and Candidates (the Code). The Code includes general principles and behaviours for Council Members, Committee Members and Candidates. Alleged breaches of Part 3 of the Code - ‘Behaviours’ are subject to a complaints process, to be determined and managed by the local government.

 

Council initially adopted Council policy: Management of Complaints of Alleged Breaches of Behaviour (the Policy) at its Ordinary Meeting of Council 9 June 2021 (C2106/113).

 

At its meeting of 27 October 2021, the Policy and Legislation Committee recommended the formation of a Behaviour Complaints Committee (the Committee) consisting of 5 members and 4 deputy members, with the Committee to make findings on complaints under delegation from the Council.  The Committee recommended revisions to the Policy including an additional clause to provide the CEO with the discretion to refer the Complaints Officers’ report, in extraordinary circumstances, to a Council Meeting for Council to make a finding in relation to the complaint.

 

At the Ordinary Meeting of Council, 10 November 2021, Council endorsed an alternative motion to establish a Behaviour Complaints Committee and appoint all members of Council to the Committee.  This was in response to further research and practical examples from other local governments where appointing all Councillors to the Committee removed any perception of bias in its decision making (C2111/087).

OFFICER COMMENT

Since the implementation of the current policy, the City’s Complaints Officer has referred five complaints in relation to alleged breaches of behaviour to the Committee. This has provided officers with the opportunity to review what elements of the Policy work well and which elements are less effective.  Additionally, officers have had the opportunity to discuss with other local governments their experiences in managing complaints.

 

Officers are recommending several amendments to the Policy and the process by which complaints are managed.  Key changes are:

·        the implementation of a response form to be completed by the person to whom the complaint relates (the Respondent) and submitted to the City’s Complaints Officer;

·        mediation to be an option for the Complainant and Respondent to opt in through the complaint and response form, and to be arranged by the Complaints Officer if requested;

·        initial assessment of the complaint by the Complaints Officer based on the complaint and response form submitted, with option to for the Complaints Officer to make a recommendation for the complaint to be dismissed if it meets the relevant section of the Code or to assess the complaint and determine a recommendation to the Committee.  Use of an external assessor remains an option at the Complaints Officer’s discretion;

·        change in terminology from Investigator to Assessor to reflect that investigation beyond the submitted complaint and response form is not a feature;

·        the Committee’s findings and its reasons to be made publicly available;

·        an action plan to be developed by the City’s Complaints Officer or an external party as determined by the Committee finding, as opposed to prior, and endorsed by the Committee at a meeting separate to the determination of the complaint;

·        a reduction in timeframes throughout the complaints management process; and

·        removal of the ability for the CEO to refer a complaint to the Council, given all Councillors are now appointed to the Committee and that the Committee delegation requires those party to the complaint to leave the meeting.

 

The changes are designed to streamline the management of complaints in order to achieve a timelier and cost effective outcome.  While the use of an external assessor is considered necessary and appropriate in most instances, there may be some complaints that the Complaints Officer can readily determine or recommend dismissal of, and the Complaints Officer should, where guidance is provided by the Committee, be able to determine an action plan. 

 

Statutory Environment

Section 5.103 of the Local Government Act 1995 (the Act) [Model code of conduct for council members, committee members and candidates] provides that regulations must prescribe a Model Code of conduct for council members, committee members and candidates and must include –

 

(a) general principles to guide behaviour; and

(b) requirements relating to behaviour; and

(c) provisions specified to be rules of conduct,

 

and may include provisions about how to deal with alleged breaches of the behaviour requirements.

 

Relevant Plans and Policies

The officer recommendation aligns to the City’s Code of Conduct for Council Members, Committee Members and Candidates.

 

Financial Implications

The cost to date in managing complaints of alleged breaches of behaviour totals $13,984.  The proposed changes to the Policy seek to reduce these costs.

 

Stakeholder Consultation

The City of Busselton participated in a ‘feedback lab’ in February run by the Department of Local Government, Sport and Cultural Industries, where other local governments shared their experiences. 

 

Many local governments have adopted a model similar to ours (as per the WALGA proposal), however through consultation we have identified improvements such as the use of a standard response form. 

 

Alternative models do also exist – for instance, for the Council to determine the complaints in session without the recommendation of an officer / assessor.  At this stage however officers believe the Policy with the proposed revisions strikes the right balance.  

 

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 officer recommendation the Council could determine not to make any changes to the Policy or to make additional or different amendments.


CONCLUSION

The City has processed five complaints of alleged breaches of behaviour under the Code, and through this experience has identified a number of improvements in the way in which complaints are managed.  The changes proposed to the Policy are aimed at a more timely and cost effective management process.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The officer recommendation will be implemented within one week of Council’s endorsement.

 


Policy and Legislation Committee

50

22 June 2022

6.4

Attachment a

Council Policy: Management of Complaints of Alleged Breaches of Behaviour (Current)

 






Policy and Legislation Committee

54

22 June 2022

6.4

Attachment b

Amended Council Policy: Management of Complaints of Alleged Breaches of Behaviour (Clean)

 





Policy and Legislation Committee

60

22 June 2022

6.4

Attachment c

Amended Council Policy: Management of Complaints of Alleged Breaches of Behaviour (Tracked Changes)

 







Policy and Legislation Committee

63

22 June 2022

6.4

Attachment d

Committee Amended Council Policy: Management of Complaints of Alleged Breaches of Behaviour (Tracked Changes)

 





Policy and Legislation Committee                                  65                                                                      22 June 2022

7.               General Discussion Items

Mr Tony Nottle, Acting Chief Executive Officer, provided a brief background on Special Area Rates, with a request from the Committee to provide a brief to Council at a later time.

 

8.               Next Meeting Date

Wednesday, 27 July 2022.


9.               Closure

 

The meeting closed at 11:57am.

 

THESE MINUTES CONSISTING OF PAGES 1 TO 68 WERE CONFIRMED AS A TRUE AND CORRECT RECORD ON Wednesday, 27 July 2022.

 

DATE:_________________       PRESIDING MEMBER:     _________________________