MEETING NOTICE AND AGENDA – 25 January 2023

 

 

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, 25 January 2023, 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.

Tony Nottle   CHIEF EXECUTIVE OFFICER

12 January 2023

Agenda FOR THE Council MEETING TO BE HELD ON 25 January 2023

TABLE OF CONTENTS

 

1....... Declaration of Opening, ACKNOWLEDGEMENT OF COUNTRY 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 21 December 2022. 5

Committee Meetings. 5

8.2          Minutes of the Airport Advisory Committee Meeting held  14 December 2022. 5

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        Airport Advisory Committee - 14/12/2022 - BUSSELTON MARGARET RIVER AIRPORT OPERATIONS UPDATe. 7

12.2        Policy and Legislation Committee - 9/11/2022 - LOCAL PLANNING POLICY REVIEW : ADOPTION FOLLOWING CONSULTATION - LPP 1.5 COASTAL SETBACKS. 12

13..... Planning and Development Services Report. 41

14..... Engineering and Work Services Report. 41

15..... Community and Commercial Services Report. 42

15.1        BUSINESS DEVELOPMENT, EVENTS AND MARKETING PROGRAM (BDEMP) - BUSSELTON FRINGE FESTIVAL FUNDING 2022/23 - 2023/24. 42

16..... Finance and Corporate Services Report. 45

16.1        FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 30 NOVEMBER 2022. 45

16.2        LIST OF PAYMENTS MADE - NOVEMBER 2022. 84

16.3        COUNCIL MEMBERSHIP - GEO CATCH.. 99

17..... Chief Executive Officers Report. 101

17.1        LOCALITY BOUNDARY AMENDMENT - VASSE/KEALY. 101

17.2        COUNCILLORS INFORMATION BULLETIN.. 116

18..... Motions of which Previous Notice has been Given.. 121

19..... urgent business. 121

20..... Confidential Matters. 121

21..... Closure. 121

 

 

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

 

 

2.               Attendance 

Apologies

 

Approved Leave of Absence

 

Cr Kate Cox (C2212/313) for the Ordinary Meeting of Council, 25 January 2023.

 

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

Previous Council Meetings

8.1             Minutes of the Council Meeting held 21 December 2022

Recommendation That the Minutes of the Council Meeting held 21 December 2022 be confirmed as a true and correct record.

Committee Meetings

8.2             Minutes of the Airport Advisory Committee Meeting held 14 December 2022

Recommendation That the Unconfirmed Minutes of the Airport Advisory Committee Meeting held 14 December 2022 be noted as received.

 

 

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

12.             Reports of Committee

12.1           Airport Advisory Committee - 14/12/2022 - BUSSELTON MARGARET RIVER AIRPORT OPERATIONS UPDATE

STRATEGIC THEME	OPPORTUNITY - A vibrant City with diverse opportunities and a prosperous economy
STRATEGIC PRIORITY	3.4 Develop aviation opportunities at the Busselton Margaret River Airport.
SUBJECT INDEX	Busselton Margaret River Airport
BUSINESS UNIT	Commercial Services
REPORTING OFFICER	Airport Operations Coordinator - Nicholas Cooper
AUTHORISING OFFICER	Director Community and Commercial Services - Naomi Searle
NATURE OF DECISION	Noting: The item is simply for information purposes and noting
VOTING REQUIREMENT	Simple Majority
ATTACHMENTS	Nil

 

This item was considered by the Airport Advisory Committee at its meeting on 14/12/2022, the recommendations from which have been included in this report.

COMMITTEE RECOMMENDATION That the Council receives and notes the Busselton Margaret River Airport operations report.

OFFICER  RECOMMENDATION

That the Council receives and notes the Busselton Margaret River Airport operations report.

EXECUTIVE SUMMARY

This report provides an overview of the operations and activities of the Busselton Margaret River Airport (BMRA) for the reporting period 1 July 2022 through 30 November 2022. This includes an update on passenger numbers, regular public transport (RPT) and closed charter services, and general airport operations.

BACKGROUND

The BMRA has seen continued growth in aircraft landings and passenger numbers with Jetstar RPT services and additional closed charter flights operating during the reporting period.

Passenger Numbers

Passenger numbers for the reporting period (1 July 2022 – 30 November 2022) were 52,499 compared to 21,129 for the same period in 2021, representing an increase of over 148%. The continued increase in passenger numbers can be attributed to the growth in FIFO passenger numbers across all closed charter airlines servicing Rio Tinto, BHP and FMG, and Jetstar RPT services.

Aircraft Movements

The total number of scheduled services operating from the BMRA as of the end of the reporting period was 34 movements per week, with 31 Fly in Fly out (FIFO) closed charter and 3 RPT services. This increased from a total of 20 flights FIFO closed charter flights movements and nil RPT from the same reporting period in 2021.

 

Currently there are six airlines operating from the BMRA with RPT and closed charter services utilising the F100, A320, Dash 8 and Metro aircraft servicing destination such as Melbourne and North West mine sites - Boolgeeda, Barimunya, West Angeles, Newman, Roy Hill and Karratha. Alliance airlines and Pioair have also been operating from the BMRA with Captains Choice and APT tours utilising F100 and BAE 146 aircraft, parking on the southern apron for multi night stays.

 

The following graphs represent the breakup of the total tonnage by category at BMRA by month trending over the period December 2020 to November 2022, the highlighted section indicates the current reporting period.

Operations Management

The focus for the reporting period has been on:

·        A lighting plan for the position between bays nine and ten has been completed along with a concept lighting design for the new General Aviation (GA) precinct. Officers will now seek tenders to procure and install the lighting in order to meet CASA part 139 MOS requirements.

·        Finalisation of the central apron bay marking arrangement plan has been completed to accommodate changes in FIFO aircraft type F100 to A320/B737 and schedules to address apron bay usage restrictions, apron lighting configuration and inclusion of new ground servicing equipment (GSE) equipment storage areas. The project will now move into surveying the apron and changing identified markings.

·        Practical completion of the long/short term carpark was reached on 9 December with the carpark looking to be open by the week of 19 December, dependent on curing of the surface.

·        Works will begin on the week of 12 December to increase the secure departure lounge area with the installation of the temporary building structures on track to be operational by end of January 2023. The project has two main components being stage one to provide an alternative boarding gate while the second stage of ground works and building installation takes place.

·        The procurement of an airport inspection, maintenance and reporting tablet/online system has been awarded and will be on boarded over the coming month with staff training being conducted in mid-January. The system will facilitate accurate and real time reporting of regulatory requirements, workflow of maintenance and capital items; and processes such as online inductions and visitor identification card (VIC) applications.

·        A request for quotation (RFQ) for the review of the BMRA Wildlife and Hazard Management Plan was awarded to JASKO airport services. JASKO undertook a site visit in early December and the final review and report are anticipated to be delivered mid-January. During the review BMRA staff will also be trained in wildlife management activities in line with CASA requirements.

·        The RFDS relocation project continues to be evaluated and fully costed. Officers are seeking additional funding from the Federal and State Governments to cover the increased costs.

·        An RFQ was advertised for a new BMRA Master Plan between 19 September and 6 October with a focus on business and commercial development. The existing BMRA Master Plan (2016-36) developed in 2016 had a strong focus on infrastructure, for which the majority has now been achieved.

·        Officers are working with the South West Development Commission (SWDC) to apply for State Government funding to undertake a business case for the construction of the new terminal.  To inform the business case the following works will need to be procured: airport master plan, terminal design review, passenger forecast and route development analysis, financial model, and economic impact assessment and cost benefit analysis.  As part of the funding agreement the City will be required to contribute funding towards the business case.  The City will put the BMRA Master Plan budget towards this, as such the RFQ will not be awarded until the funding is secured.  It is anticipated the application will be completed and submitted prior to the end of 2022.

Operations and Maintenance

Airport refuelling reached a significant milestone in November with over two million litres of JET A1 fuel being supplied from the facility since its installation in 2018.

 

The Department of Fire and Emergency large air tanker (LAT) Bomber 132 A C-130 arrived at the end of November for the upcoming fire season. There will also be a second LAT Bomber 139 A 737 stationed at BMRA from 15 December.

 

Airside and landside mowing programs continue to be behind schedule due to equipment maintenance issues, increased flight schedules spring growth and ancillary operations. It is anticipated that the program will be back on track by mid-December.

 

Staff continue to experience difficulty in the delivery of quality service to customers around car parking. As a result staff are seeking clarification from the car parking infrastructure supplier on a rectification plan and servicing agreement to alleviate the time committed to these activities. 

 

The below table gives a breakup of the screening activities over the reporting period.

	Total hours screening point open	Number of items  surrendered	Number  of people screened
July	37.5	38	2018
August	45.2	47	2239
September	39.5	70	2010
October	47	41	2605
November	38.7	32	2222
Total	207.9	228	11094

Noise Management Plan and Noise monitoring

Within the reporting period from 1 July to 30 November there were a total of six non-conforming activities: 

·     One flight within the curfew period from a diverted flight from Perth, where CEO approval was granted.

·     Four early arrivals from Perth within the 30-minute shoulder period, however still considered non-conforming.  Airport staff cautioned the ground agent and airlines on approved operating times.

·     One early departure within the curfew period. A letter has was issued to the operator requesting an explanation of their operations.

OFFICER COMMENT

BMRA has seen significant growth compared to the same reporting period in 2021/22 and it is expected that RPT passenger numbers will increase over the summer season.

 

Officers will continue to progress the delivery of the operational improvements listed above and will also focus on the following in 2022/23;

·        Department of Transport Financial and Asset Management Framework is a new requirement for WA airports when applying for future grants. The City has engaged a consultant to undertake stakeholder engagement and implement the framework.

·        An external review /audit of the BMRA Transport Security Program is required as regulatory requirement under the Aviation Transport Security Regulations.

·        Business development strategy and implementation plan to guide the marketing and development of commercial opportunities at and relating to the BMRA, including the attraction of new domestic routes and planning for future international operations.

Statutory Environment

The BMRA operates in accordance with the following:

·        Aviation Transport Security Act 2004

·        Aviation Transport Security Regulations 2005

·        CASA part 139 Manual of Standards (Aerodromes)

·        City of Busselton Transport Security Plan

·        Ministerial Statement 1088

Relevant Plans and Policies

The officer recommendation aligns to the following adopted plans:

·        BMRA Master Plan (2016-2036)

·        The Busselton Margaret River Airport Noise Management Plan 2019

Financial Implications

Revenue

The actual YTD revenue for the reporting period is $1,731,953 compared to the projected YTD budget of $1,007,460.  Revenue areas that exceeded budget projections are as follows:

·        Annual landing fees - $500,803 actual compared to $329,303 budgeted

·        Car parking income - $425,970 compared to $193,356 budgeted

·        Head Taxes/Passenger Fees - $532,398 compared to $396,578 budgeted

Expenditure

Actual expenditure for the reporting period is $457,078 compared to the YTD budget of $276,284.  Higher than projected expenditure for the reporting period can mainly be attributed to the timing of expenditure for the airline attraction program, consultancy, contractors and purchase of materials compared to the projected budget timings.

The net operating position for the reporting period is a surplus of $1,255,286 compared to the YTD budget surplus of $718,676.

Stakeholder Consultation

Consultation has been occurring on a regular basis with Department of Transport, Government agencies, airport stakeholders, Department of Home Affairs, Aviation Marine Security (AMS), Civil Aviation Safety Authority (CASA), Air Services Australia, Virgin Australia Regional Airline, Qantas Group, the Busselton Aero Club, Albany, Esperance, Geraldton Airports and Australian Airports Association, concerning many topics and issues relating to the Airport.

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 Airport Advisory Committee may choose not to receive and note the Busselton Margaret River Airport Operations Report.

CONCLUSION

Officers continue to strive to provide a high level of customer service at the BMRA, while ensuring the airport is compliant, safe and security is maintained throughout.  The commencement of Jetstar RPT services has identified a number of operational actions and infrastructure investment requirements.

 

The focus for the new financial year will be to prepare a new BMRA Master Plan, achieving operational efficiencies and business and commercial development initiatives have been deferred to date.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Not applicable.

 

 

12.2           Policy and Legislation Committee - 9/11/2022 - LOCAL PLANNING POLICY REVIEW : ADOPTION FOLLOWING CONSULTATION - LPP 1.5 COASTAL SETBACKS

STRATEGIC THEME	OPPORTUNITY - A vibrant City with diverse opportunities and a prosperous economy
STRATEGIC PRIORITY	3.1 Work with key partners to facilitate the activation of our town centres, creating vibrant destinations and consumer choice.
SUBJECT INDEX	Development Control Policy
BUSINESS UNIT	Development Services
REPORTING OFFICER	Manager Development Services - Joanna Wilson
AUTHORISING OFFICER	Director Planning and Development Services - Paul Needham
NATURE OF DECISION	Legislative: adoption of “legislative documents” such as local laws, local planning schemes and local planning policies
VOTING REQUIREMENT	Simple Majority
ATTACHMENTS	Attachment a   Amendment LPP 1.5 - Coastal Setbacks - West Busselton⇩ Attachment b    Current LPP1.5 - Coastal Setbacks⇩ Attachment c    Map of lots currently subject to LPP1.5⇩ Attachment d   Schedule of Submissions⇩

 

This item was considered by the Policy and Legislation Committee at its meeting on 9/11/2022, the recommendations from which have been included in this report.

In accordance with clause 11.5(1)(a) of the City of Busselton Standing Orders Local Law 2018, this item was referred to the 25 January 2023 Ordinary Meeting of Council for consideration. COMMITTEE RECOMMENDATION That the Council: 1.         Pursuant to Clause 4, Part 2 of Schedule 2 – Deemed Provisions for Local Planning Schemes of the Planning and Development (Local Planning Schemes) Regulations 2015 adopt as final LPP 1.5 Coastal Setbacks, as set out at Attachment A; and 2.         Publish a notice of adoption in a newspaper circulating within the Scheme area in accordance with Clause 4, Part 2 of Schedule 2 – Deemed Provisions for Local Planning Schemes of the Planning and Development (Local Planning Schemes) Regulations 2015 of the Policy set out in 1 above.

 

OFFICER RECOMMENDATION

That the Council:

1.         Pursuant to Clause 4, Part 2 of Schedule 2 – Deemed Provisions for Local Planning Schemes of the Planning and Development (Local Planning Schemes) Regulations 2015 adopt as final LPP 1.5 Coastal Setbacks, as set out at Attachment A; and

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

 

Council is asked to consider final adoption of the amended LPP 1.5 Coastal Setbacks – West Busselton (‘LPP1.5’), as set out in Attachment A, following public consultation in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 (‘Regulations’).

BACKGROUND

The Planning and Development (Local Planning Schemes) Regulations 2015 (‘Regulations’) provide that Local Planning Policies (‘LPPs’) may be prepared by a local government in respect of any matter relating to planning and development within the City of Busselton Local Planning Scheme No. 21 (‘Scheme’) area.

 

The intention of an LPP is to provide guidance to applicants/developers and the community in regard to the decision-making process, as well as to the local government when exercising discretion under the Scheme. An LPP must be consistent with the intent of the relevant Scheme provisions, including State Planning Policy 7.3 – Residential Design Codes (‘R-Codes’), and cannot vary development standards or requirements set out in a Scheme or impose other mandatory requirements upon development.

 

LPPs are given due regard in the assessment of development applications and are listed as a “Consideration of application by local government” when making determination of a development application under Schedule 2, clause 67 of the Regulations.

 

In March 2019 the City commenced the first stage of the LPP review. This stage was policy neutral and did not alter the intent or provisions within the LPPs. The LPPs were re-formatted into an easier-to-read template, taking the policies from a single manual structure and separating them into individual policies. These changes were adopted by Council at its meeting on 27 March 2019 (C1903/053).

 

The City commenced the second stage of the review process which included the content and relevance of all LPPs, but as a result of competing workload priorities, the review was postponed in order to prioritise the assessment of development applications.  

 

At its meeting held on 11 November 2020 (C2011/130 refers) the Council resolved to initiate, for the purposes of public consultation, amendments to LPP1.5. It is proposed as part of this report that the amended LPP 1.5 be adopted as final following this public consultation.  A detailed discussion regarding the submissions that were received during consultation of the proposed amended LPP 1.5 is set out in the officer comment section of this report.

OFFICER COMMENT

LPP 1.5 originally formed part of the broader Residential Design Guidelines Policy which was adopted by Council on 17 October 2007 (C0710/236). The policy applied to low density coastal nodes (coded R25 or less) that abut coastal foreshore reserves fronting Geographe Bay Road, or which directly abut Geographe Bay Road, but excludes Special Character Areas (e.g. Quindalup). Broadly the policy provisions can be split into two main parts including primary street setbacks and rear setbacks.  A copy of the current LPP 1.5 is provided at Attachment B.  A map indicating the lots which are currently subject to LPP1.5 is provided at Attachment C.

 

At its meeting held on 11 November 2020 (C2011/130 refers) the Council resolved to initiate, for the purposes of public consultation, amendments to LPP1.5.  As part of the amendments to the Policy that were advertised the scope of the policy was reduced to cover only the section of West Busselton between Craig Street and Earnshaw Road.

·        The objectives (purpose) were refined so that they are relevant and appropriate;

·        Introduction of interpretations for clarification;

·        All rear setback provisions removed;

·        Clarification that the policy applies to all sites adjoining Geographe Bay Road, where previously corner lots where Geographe Bay Road was the secondary street were excluded;

·        Introduction of a provision that allows for privacy screening;

·        Introduction of diagrams to clarify setback provisions; and

·        A change to the title, to reflect the much narrower scope proposed.

During the public consultation period, 12 submissions from 11 parties were received in relation to the proposed changes to LPP1.5.  Of the 11 submissions:

·        One submission was indifferent to the propose changes;

·        Two submissions were in support of the proposed changes;

·        Two submission misinterpret the proposed changes to the LPP and assumed that the proposed changes were introducing additional setbacks to properties along Geographe Bay Road; and

·        Six submissions were opposed to the proposed changes.

A summary of all submissions received is provided at Attachment D.

In relation to the six submissions that were received which were opposed to the proposed changes, the key concern raised was regarding the loss of views as a result of proposed changes to front setback requirements. There is no specific protection or legal right to a view within the planning framework and loss of view is not a valid planning consideration when making a planning decision.  Furthermore, it is noted that the original purposes of LPP1.5 was not for the protection of views.  It was to maintain a certain residential character and reduce the dominance of built form in the coastal setting.

 

The area that is proposed to be retained within the Policy Area was selected due to the generally narrow coastal and road reserves and the proximity of the dual path to the lot boundaries. In other coastal areas, however, relatively wide verges and/or foreshore reserves significantly reduce the potential for residential buildings, which would generally be no higher than two storeys, and where discretion would be required for buildings greater than three storeys, to be visually dominant.  As such, the existing controls which impinge on landowners’ capacity to develop their properties, are not considered to have a clear planning basis.

 

No changes are proposed to the version of the Policy proposed for adoption from what was initiated by Council and advertised.

 

It is, therefore, recommended that the Policy as set out in Attachment A be adopted as final.

 

Statutory Environment

The key statutory environment is set out in the Planning and Development Act 2005 and related subsidiary legislation, including the City of Busselton Local Planning Scheme No. 21 (the Scheme) and the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations), especially Schedule 2 (Deemed Provisions) of the Regulations, which form part of the Scheme.

Division 2 — Local planning policies

3.         Local planning policies

(1)       The local government may prepare a local planning policy in respect of any matter related to the planning and development of the Scheme area.

(2)       A local planning policy —

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

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

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

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

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

4.         Procedure for making local planning policy

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

(a)       publish in accordance with clause 87 the proposed policy and a notice giving details of —

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

(ii) the objectives of the proposed policy; and

(iii) how the proposed policy is made available to the public in accordance with clause 87; and

(iv) the manner and form in which submissions may be made; and

(v) the period for making submissions and the last day of that period;

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

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

(2)       The period for making submissions specified in a notice under subclause (1)(a)(v) must not be less than the period of 21 days after the day on which the notice is first published under subclause (1)(a).

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

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

(b)      resolve to —

(i)    proceed with the policy without modification; or

(ii)   proceed with the policy with modification; or

(iii)  not to proceed with the policy.

(a)       the proposed policy amends or replaces a deemed-to-comply provision of the R-Codes; and

(b)       under the R-Codes, the Commission’s approval is required for the policy; and

(c)       the Commission has not approved the policy.

(4)       If the local government resolves to proceed with the policy, the local government must publish notice of the policy in accordance with clause 87.

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

(6)       The local government must ensure that an up-to-date copy of each local planning policy made under this Scheme that is in effect is published in accordance with clause 87.

(7)       Subclause (6) is an ongoing publication requirement for the purposes of clause 87(5)(a).

5.         Procedure for amending local planning policy

(1)       Clause 4, with any necessary changes, applies to the amendment to a local planning policy.

(2)       Despite subclause (1), the local government may make an amendment to a local planning policy without advertising the amendment if, in the opinion of the local government, the amendment is a minor amendment.

 

Relevant Plans and Policies

State Planning Policy 7.3 Residential Design Codes Volume 1 (R-Codes)

The purpose of the R-Codes is to provide a comprehensive basis for the control of residential development throughout Western Australia.

 

The R-Codes provide for residential development of an appropriate design for the intended residential purpose, density, context of place and Scheme objectives.

 

Local Planning Scheme No. 21 (the Scheme)

Relevantly, the purposes of the Scheme are to control and guide land use and development; and to set out procedures for the assessment and determination of applications for development approval.

 

Financial Implications

There are no financial implications associated with the officer recommendation.

 

Stakeholder Consultation

In accordance with the Regulations, it is proposed that a notice be placed in the local newspaper advising that LPP 1.5 Coastal Setbacks has been adopted as final.

 

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework. No risks of medium or greater level have been identified.

 

As an alternative to the proposed recommendation the Council could:

1.         Retain the existing policy;

2.         Modify the policy recommended to be adopted and for these changes to be re-advertised; or

3.         Revoke the policy in its entirety.

CONCLUSION

It is recommended that Council consider the discussion set out in this report and resolve to adopt the amended LPP 1.5.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Implementation of the Officer Recommendation would involve notification of the amended policy as outlined in the consultation section of this report.  It is expected that this will commence within one month of the Council decision.

 

Council		19		25 January 2023
12.2	Attachment a		Amendment LPP 1.5 - Coastal Setbacks - West Busselton

 

Council		22		25 January 2023
12.2	Attachment b		Current LPP1.5 - Coastal Setbacks

 

Council		25		25 January 2023
12.2	Attachment c		Map of lots currently subject to LPP1.5

 

Council		41		25 January 2023
12.2	Attachment d		Schedule of Submissions

 

 

13.             Planning and Development Services Report

Nil

Nil

15.             Community and Commercial Services Report

15.1           BUSINESS DEVELOPMENT, EVENTS AND MARKETING PROGRAM (BDEMP) - BUSSELTON FRINGE FESTIVAL FUNDING 2022/23 - 2023/24

STRATEGIC THEME	OPPORTUNITY - A vibrant City with diverse opportunities and a prosperous economy
STRATEGIC PRIORITY	3.3 Continue to promote the District as the destination of choice for events and unique tourism experiences.
SUBJECT INDEX	BDEMP
BUSINESS UNIT	Events
REPORTING OFFICER	Events Coordinator - Peta Pulford
AUTHORISING OFFICER	Acting Director, Community and Commercial Services - Dave Goodwin
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	Nil

 

OFFICER RECOMMENDATION That the Council endorses a multiyear funding allocation towards the Busselton Fringe Festival 2023 and 2024 events, of $20,000 per year in cash and up to $2,000 in-kind support, to be funded from the 2022/23 and 2023/24 Events Budgets.

EXECUTIVE SUMMARY

This report seeks Council endorsement to enter into a multiyear agreement with Acting Up to fund the Busselton Fringe Festival (the Festival) and allocate $20,000 cash plus up to $2,000 in-kind support per year towards the 2023 and 2024 events, to be funded from the 2022/23 and 2023/24 Events Budgets.

BACKGROUND

The Festival has been a regular event on the City’s calendar since 2013, with an annual schedule of shows designed to attract visiting performance artists and also give opportunities for local performers.

 

At the meeting of 26 May 2021, Council endorsed (C2105/107) a three year agreement with Acting Up as organisers of the Festival for 2021/22 – 2023/24 for the amount of $20,000 cash plus up to $2,000 in-kind per year.

 

Due to extenuating circumstances, the Festival was not able to deliver the volume of programming and the family fun day activities for the 2022 event as previously agreed upon. Therefore, it was negotiated with event organisers that the 2021/22 funding would be reduced to $10,000, and that the event would be contracted through a single year agreement for 2022, with funding for 2023 and 2024 to be negotiated, subject to further discussions around the future of the Festival.

 

This reduction was endorsed at the Council meeting of 8 June 2022 (C2206/121):

Notes the reduction in funding to the Busselton Performing Arts Festival from multi to single year funding and from $20,000 to $10,000 from the draft 2022/2023 budget.

 

Acting Up have made significant progress with planning for the Festival for 2023, scheduled to be held from 3-6 March 2023. Event officers have assessed the proposed event program and are confident that the programming is robust enough to receive the original funding of $20,000.

Officers are now seeking Council’s endorsement to enter into the multiyear agreement and allocate $20,000 cash plus up to $2,000 in-kind support per year towards the Festival 2023 and 2024 events, to be funded from the 2022/23 and 2023/24 Events Budgets.

OFFICER COMMENT

The recommendation put to Council at the 8 June 2021 meeting did not fully reflect the intention to reduce the funding agreement amount for one year only (2022), with the potential for the funding commitment to return to the higher amount of $20,000 for the 2022/2023 and 2023/2024 financial years, if Acting Up were able to deliver on the required content and program. This resulted in the reduction in allocated funding for the event in 2022/23 from $20,000 to $10,000.

 

With Acting Up now having made significant progress with planning for the Festival, officers are confident that the programming is robust enough to receive the original funding. Officers are therefore seeking a resolution to enter into a multiyear agreement for $20,000 for the 2023 and 2024 Festival.

 

Given the Festival is scheduled for March, there is insufficient time to hold a Business Development, Event and Marketing Program (BDEMP – previously MERG) meeting to make a recommendation on the funding agreement and amount. All BDEMP members have been contacted however by email and have provided their support for the increased funding proposal.

 

The funding amount has been included in the BDEMP budget for 2022/23 and 2023/24.

 

As is the process with all multiyear funding agreements, the event will be evaluated at the conclusion of the 2023 event to ensure that it has met all assigned KPI’s, before any further agreed funding is released for the 2024 event.

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 Officer Recommendation aligns with the City’s Events Policy which provides event organisers with information on the event application and approval process and event sponsorship guidelines.

Financial Implications

The 2022/23 budget for marketing and events totals $1,012,888. The breakdown of this budget is as follows:

·     $759,666 – Events;

·     $253,222 – Marketing and economic development initiatives.

 

In addition, an amount of $165,691 was carried over from the unspent funds from the 2021/22 Events Budget. Therefore the total allocated to events sponsorships for 2022/23 is $925,357.

 

Inclusive of the increased funding amount of $20,000, the funds committed from the 2022/23 Events Budget through event sponsorships totals $925,230, leaving a balance of $127. There are no further funding rounds in this financial year.

 

Funds currently committed from the 2022/23 Marketing and Economic Development Initiatives Budget is $125,000, leaving a balance of $128,222 for any further initiatives to be proposed.

The multiyear agreement with Acting Up to fund the Busselton Fringe Festival and allocate $20,000 cash plus up to $2,000 in-kind support per year towards the 2023 and 2024 events, is included in the BDEMP budget for 2022/23 and 2023/24.

Stakeholder Consultation

Consultation has been undertaken with BDEMP members, with representatives from the Busselton and Dunsborough-Yallingup Chambers of Commerce and Industry, Margaret River Busselton Tourism Association and the City of Busselton.

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 officer recommendation does not introduce any risks identified as being of a high or medium level.

Options

Council may choose not to support the revised funding agreement or resolve to amend the funding amount.

CONCLUSION

Council endorsement is being sought to enter into a multiyear agreement with Acting Up to fund the Busselton Fringe Festival, allocating $20,000 cash plus up to $2,000 in-kind support per year towards the 2023 and 2024 events, to be funded from the 2022/23 and 2023/24 Events Budgets.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Following Council’s decision, the outcome will be communicated to Acting Up for their information and implemented where required.

 

16.             Finance and Corporate Services Report

16.1           FINANCIAL ACTIVITY STATEMENTS - YEAR TO DATE AS AT 30 NOVEMBER 2022

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	Financial Services
BUSINESS UNIT	Financial Services
REPORTING OFFICER	Manager Financial Services - Paul Sheridan
AUTHORISING OFFICER	Acting Director, Finance and Corporate Services - Sarah Pierson
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   Loan Schedule - November 2022⇩ Attachment b    Financial Activity Statement - November 2022⇩ Attachment c    Investment Report - November 2022⇩

 

OFFICER RECOMMENDATION That the Council receives the statutory financial activity statement reports for the period ending 30 November 2022, pursuant to Regulation 34(4) of the Local Government (Financial Management) Regulations 1996.

EXECUTIVE SUMMARY

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

 

This report has been compiled to fulfil the statutory reporting requirements of the Act and associated Regulations, whilst also providing the Council with an overview of the City’s financial performance on a year to date basis, for the period ending 30 November 2022.

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 3^rd August 2022, the Council adopted (C2208/198) the following material variance reporting threshold for the 2022/23 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 2022/23 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 $50,000.

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 can be provided as required to further supplement the information comprised within the statutory financial reports.

The Statement of Financial Activity (FAS) for the year to date (YTD) shows an overall Net Current Position of $31.3M as opposed to the YTD budget of $27.7M. This represents a positive variance of $3.7M YTD.

 

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.

 

In total, revenue from Ordinary Activities is 5.3% ahead YTD.  There are however material variance items contained within this category, on the face of the Financial Activity Statement, that require comment.

 

1.      Fees & Charges

Ahead of YTD budget by $2.6M, or 23.9%, mainly due to the items listed in the table below:

                                   

2.      Other Revenue

Ahead of YTD budget by $107K, or 71.3%, mainly due to the items listed in the table below:

 

3.      Interest Earnings

$548K better than YTD budget due to much higher than expected interest rates, plus a higher than forecast cash on hand position in comparison to previous years.  This is due mainly to the earlier than forecast application and receipt of the budgeted Saltwater construction project loans (due to rising rates).

 

Expenses from Ordinary Activities

Expenditure from ordinary activities is $4.3M, or 13.8%, more than expected when compared to the budget YTD. The expense line items on the face of the financial statement that have a YTD variance that meet the material reporting threshold are outlined below.

 

4.      Materials & Contracts  

$2.7M, or 55.9%, over the budget YTD. The main contributing items are listed below:

 

5.      Utilities (Gas, Electricity, Water etc)

In total, over budget by $109K, broken down as follows:

 

Description	FY Budget Expense	YTD Budget Expenses	YTD Actual Expenses	YTD Variance
3500 - Electricity	1,814,016	579,678	752,160	(172,482)
3505 - Gas - Reticulated	4,971	1,868	1,094	774
3506 - Gas - LPG Bottled	16,041	0	8,648	(8,648)
3507 - Gas - Alinta Boiler Gas (BJTP)	5,843	1,574	1,660	(86)
3510 - Water Consumption	491,504	58,577	49,378	9,199
3511 - Water Meter Rental & Supply Charge	86,520	23,229	40,069	(16,840)
3513 - Sewerage Volume Charges	32,134	32,671	12,915	19,756
3514 - Sewerage Charge (Rates)	98,871	78,174	24,254	53,920
3520 - Office Telephones, Faxes & Internet	96,909	38,394	45,374	(6,980)
3521 - Public WIFI	40,693	15,649	17,886	(2,237)
3522 - Mobile Devices Costs	102,395	40,457	26,338	14,119
3524 - Other Telecommunication & Network Costs	86,783	31,454	30,562	892
	2,876,680	901,726	1,010,339	(108,612)

 

 

Between Water Consumption & Water Rental & Supply charges, the YTD overspend to budget is attributable to budget timing, with actual charges YTD on track to coming in under the full year budget by year end.

 

Sewerage charges and rates are significantly under budget YTD due to delays in allocating the annual notices, which have in fact been received and paid.  This variance will rectify in the next month.

 

6.      Insurance Expenses

The full year budget for all insurance is $1.32M, with the first instalment of $671K being paid in July.  $232K of this is relates to Workers Compensation cover, and this falls under the Employee Costs category.  The second instalment invoice has also been received and processed.  This is for $662K, bringing the total actual for the year to $1.33M, which is only $9K over budget.

 

Due to system issues with the initial creation and upload of the budget, the split between the various general insurances and the work cover insurance was not correct, hence the apparent YTD negative variance to budget of $232K.

 

7.      Other Expenditure  

$452K, or 72.5%, over the budget YTD. The main contributing items are listed below:

 

8.     Non-Operating Grants, Subsidies & Contributions  

The positive variance of $2.2M is mainly due to the items in the table below. It should be noted that any negative variance in this area will approximately correlate to an offsetting positive underspend variance in a capital project tied to these funding sources. This can be seen in the section below that outlines the capital expenditure variances.  Where this is not the case, the reconciliation of the projects and the required funding to be recognised in revenue is not completed until closer to year end.  The overall positive variance however, due to certain projects in the table below, is due to a reimbursement of the municipal fund required for cashflow purposes a lot earlier than was initially budgeted.

 

YTD there is an underspend variance of 24.2%, or $3.8M, in total capital expenditure, with YTD actual at $11.9M against the YTD budget of $15.8M. A large portion of this positive underspend variance is offset by the negative variances in Non-Operating Grants, Contributions & Subsidies outlined above, with the remainder offset by the negative variances in Transfers From Reserves and Restricted Assets 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:

 

10.   Transfer to Restricted Assets

There is an YTD variance in transfers to Restricted Assets of $9.4M because there is usually no budget for this item during the year.  The transfers are usually not possible to predict, and are fully reconciled only at year end.

 

At the time of budgeting it is not possible to predict what grants will be received, and in what timeframe, nor when they will be spent and hence potentially transferred to Restricted Assets (or unspent portions thereof).

 

Transfers to restricted assets are offset by the incoming receipt, be it a grant, contribution, subsidy  or even loan proceeds, so the net impact on the Net Current Position is always nil (once full reconciliation has occurred at year end).

 

YTD, loans of $2M were re-restricted for BPACC (following receipt of grant funds), until utilized, as well as $5.7M in various government grants, plus $799K in Roadwork Bonds, $394K in BJTP deposits, and $507K in various other developer contributions, deposits and bonds.

 

11.   Transfer from Restricted Assets

YTD, there has been $3.4M transferred from Restricted Assets into the Municipal Account. The transfers are usually not possible to predict, and are fully reconciled only at year end.  This was attributable to $2.8M of grant money for works completed and reconciled, $634K of Roadwork Bonds, and $38K of various other bonds and deposits returned or utilised.

12.   Transfer to Reserves

YTD $8.3M has been transferred to reserves, which is $340K more than budgeted due to much higher than anticipated interest earnings on the reserve funds.

 

13.   Transfer from Reserves

YTD, there has been $1.1M more transferred from reserves than budgeted YTD, due to reconciliation of completed reserve funded works occurring earlier than forecast (usually done at year end), for some particularly large projects.

 

Investment Report

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

 

As at 30^th November 2022 the value of the City’s invested funds increased from $112.90M as at 31^st October 2022 to $113.75M.

 

As at 30^th November 2022 the 11AM (an intermediary account which offers immediate access to the funds compared to the term deposits) account balance is $7.0M, with no change from 31^st October 2022.

 

During the month of November five term deposits totalling the amount of $10.5M matured. These were renewed for a further 187 days at 4.09% on average.

 

The official cash rate increased during the month of November by a further 0.25% from 2.60 % to 2.85%. Further increases are expected in the coming months further increasing the cash rate. This will result in higher interest earnings for the City, although future borrowings will incur higher rates also.

 

Borrowings Update

During the month no new loans were drawn and there were no loan repayments.  The attached Loan Schedule outlines the status of all existing loans YTD.

 

Acting Chief Executive Officer – Corporate Credit Card

Details of transactions made on the Acting Chief Executive Officer’s corporate credit card during November 2022 are provided below to ensure there is appropriate oversight and awareness.

 

 

Donations & Contributions Received

During the month no non-infrastructure asset (bridges, roads, POS etc), donations or contributions were received.

 

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

As at 30^th November 2022, the City’s net current position stands at $31.3M. The City’s financial performance is considered satisfactory, and cash reserves remain strong.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Not applicable.

 

Council		61		25 January 2023
16.1	Attachment a		Loan Schedule - November 2022

 

Council		65		25 January 2023
16.1	Attachment b		Financial Activity Statement - November 2022

 

Council		85		25 January 2023
16.1	Attachment c		Investment Report - November 2022

 

16.2           LIST OF PAYMENTS MADE - NOVEMBER 2022

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	Financial Operations
BUSINESS UNIT	Financial Services
REPORTING OFFICER	Manager Financial Services - Paul Sheridan
AUTHORISING OFFICER	Acting Director, Finance and Corporate Services - Sarah Pierson
NATURE OF DECISION	Noting: The item is simply for information purposes and noting
VOTING REQUIREMENT	Simple Majority
ATTACHMENTS	Attachment a   List of Payments - November 2022⇩

 

OFFICER RECOMMENDATION That the Council notes payment of voucher numbers for the month of November 2022 as follows: CHEQUE PAYMENTS  119465 - 119502                   57,794.84 ELECTRONIC FUNDS TRANSFER PAYMENTS  90916 - 91848 (excluding 91557 - 91559)             9,233,183.58 TRUST ACCOUNT PAYMENTS  EFT 91557 - 91559                   58,290.64 PAYROLL PAYMENTS  01.11.2022 - 31.11.2022             2,585,544.76 INTERNAL PAYMENT VOUCHERS  DD 5064 - 5108                182,497.10 TOTAL PAYMENTS             12,117,310.92

EXECUTIVE SUMMARY

This report provides details of payments made from the City’s bank accounts for the month of November 2022, for noting by the Council and recording in the Council Minutes.

BACKGROUND

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

OFFICER COMMENT

In accordance with regular custom, the list of payments made for the month of November 2022 is presented for information. 

Statutory Environment

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

Relevant Plans and Policies

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

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

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

Risk Assessment

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

Options

Not applicable.

CONCLUSION

The list of payments made for the month of November 2022 is presented for information.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Not applicable.

Council		100		25 January 2023
16.2	Attachment a		List of Payments - November 2022

 

16.3           COUNCIL MEMBERSHIP - GEO CATCH

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	Committees and Working Groups
BUSINESS UNIT	Governance Services
REPORTING OFFICER	Governance Coordinator - Emma Heys
AUTHORISING OFFICER	Acting Director, Finance and Corporate Services - Sarah Pierson
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	Nil

 

OFFICER RECOMMENDATION That the Council nominates Cr Ross Paine as an ex officio member of the GeoCatch board, noting appointment is subject to approval of the Minister.

EXECUTIVE SUMMARY

This report is presented to enable Council to nominate Cr Ross Paine as an ex officio member to the GeoCatch board, subject to approval of the Minister.

BACKGROUND

The Council is eligible to hold an ex officio position on the board of GeoCatch. This position is reserved for the Mayor or their delegated representative. Previously the position has been opened up for nomination and Cr Ross Paine has held the position for a 3 year term, which expired at the end of 2022.

OFFICER COMMENT

Council are asked to nominate Cr Ross Paine to the GeoCatch board. The nomination is subject to the approval of the Minister. The position will be held for a term of 3 years, expiring at the end of 2025.

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

In accordance with Council Policy - Fees, Allowances and Expenses for Elected Members, Elected Members are entitled to be paid a travelling allowance for attending meetings of community groups or other external organisations of which the elected member has been appointed the Council's representative.

Financial Implications

There are no specific financial implications associated with the appointment of members to Committees/groups as the costs associated with attendance at these Committees/groups have been recognised in the current budget.

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 to appoint a different elected member to the board of GeoCatch.

CONCLUSION

Subject to the approval of the Minister, Council nominate Cr Ross Paine to represent the Council as an ex officio member of the GeoCatch board.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The GeoCatch board will be advised of the nomination within one week of Council’s endorsement.

 

17.             Chief Executive Officers Report

17.1           LOCALITY BOUNDARY AMENDMENT - VASSE/KEALY

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	Boundary Amendment
BUSINESS UNIT	Executive Services
REPORTING OFFICER	Chief Executive Officer - Tony Nottle
AUTHORISING OFFICER	Chief Executive Officer - 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   Vasse-Kealy Locality Boundary Proposal Map⇩ Attachment b    Vasse-Kealy Locality Boundary proposal - Consultation Report⇩

 

OFFICER RECOMMENDATION That the Council, in relation to the proposed locality boundary realignment between Vasse and Kealy as depicted in Attachment A; 1.         acknowledge the community consultation process undertaken in accordance with the Policies and Standards for Geographical Naming in Western Australia and the final result of the survey being 82% support of total people surveyed as summarised in Attachment B; and 2.         endorse the alignment proposed and request the Chief Executive Officer to provide a submission to the Minister for Lands requesting the amendment.

EXECUTIVE SUMMARY

Following a review of various locality boundaries in the District commencing in 2019 a number of recommendations were made to align boundaries more appropriately in accordance with the “Policies and Standards for Geographical Naming in Western Australia” (GNC Policy). These recommendations were split into 2 stages, with Stage 1 being amendments that meet GNC Policy requirements and more “administrative” in nature, and Stage 2 (generally not meeting some aspects of the GNC Policy) requiring a further review on the completion of Stage 1.

 

The Vasse/Kealy locality boundary realignment was recommended to be amended, to follow the alignment of the Vasse bypass as it created a clear delineation between the urban development of Vasse Dawson and the rural area of Kealy.

 

In accordance with the GNC Policy, a public consultation process was undertaken regarding the proposal. The results of this consultation are now complete and are presented to Council for consideration of progressing the proposed boundary realignment.

In 2019 the City received a request from a community organisation to consider amending the naming and boundaries of some of the localities within the District. Some concerns were also raised by the real estate and property sectors within the City including confusion of naming, historical matters and unclear boundaries. Council Briefings were held to discuss the possibility of locality changes and subsequent review.

 

In 2020, a review was undertaken of the locality boundaries within the District with due consideration of the GNC Policy produced by Landgate. This review indicated that a 2 stage approach would be required to address any boundary realignments or renaming into the future.

 

Stage 1 encompassed the potential changes that met the requirements of the GNC Policy, while Stage 2 would be placed on hold and considered post stage 1 as further investigation and consultation would be required.

 

Stage 1 included:

Recommendation	Status
1.    Vasse boundary with Kealy to be amended to follow the Vasse Bypass alignment.	Subject of this report.
2.    Busselton Lifestyle Village to be incorporated into West Busselton.	Has already been undertaken by Landgate administratively.
3.    Siesta Park and Marybrook boundary to follow the drain infrastructure.	Pending.

 

The proposal to consider a boundary amendment for Vasse/Kealy was advertised in City Connect on the 26 October 2022, seeking feedback via the Your Say website by 28 November 2022. Advertising was undertaken (along with direct mail and website notices) to ensure compliance with the GNC Policy.

 

The consultation period has now closed and the results are presented for Council consideration.

OFFICER COMMENT

A review of locality boundaries was undertaken following a range of requests and known anomalies being identified by the community and City staff. In particular, the Vasse/Kealy boundary was identified as requiring amendment due to the construction of the Vasse Bypass and the growth of the Vasse Dawson subdivision.

 

Any change to boundary alignment of localities within a District is required to undergo a process in accordance with the GNC Policy prior to any submission being provided to the Minister via Landgate for approval. The City has carried out a consultation process relating to the proposed boundary amendment for Vasse/Kealy as per the GNC Policy.

 

The GNC Policy in section 4.9 states that:

“Review of localities Boundaries of localities in areas that are subject to urban development and residential infill shall be reviewed regularly and amended where appropriate.”

 

The significant urban development, coupled with the construction of the Vasse Bypass (completed in 2016) was the catalyst for the review of locality boundaries within the area. It was identified that the new Bypass had created a clear delineation between what was deemed to be the Vasse Dawson development area, and the rural area known as Kealy and is depicted in Attachment A.

 

The GNC Policy indicates that with a proposal to realign locality boundaries, Landgate will only review the submission if certain considerations have been undertaken. The table below indicates each consideration and the relevance to the realignment proposal.

Considerations	Proposed Change Impacts
All boundaries shall be clearly defined, contiguous and must not overlap another locality boundary.	ü
Boundaries shall align with road centrelines (major highways, divided carriageways and railways), cadastral information or obvious topographical features such as rivers, shorelines, creeks.	ü
Locality boundaries for corner blocks shall be the same as those for neighbouring properties accessed from the same road.	ü
If a property is situated on a corner and the block is subdivided with one or more of the new properties accessed from a road generally defined as being addressed to a different locality, the locality boundary shall be changed to incorporate the new subdivided properties.	N/A
If a natural feature such as a waterway is to be used as the boundary for a locality, the boundary should be applied to the centreline of such a feature.	N/A
A locality shall not be defined as an island within another locality. For instance, all localities should have boundaries that run alongside two or more other localities or one other locality and a state or sea boundary.	ü
A locality boundary should not separate any areas which are considered to be of community interest.	ü
Boundaries shall not bisect single lots or land parcels. Exceptions that may be considered by Landgate for endorsement may include large areas such as forest, lakes or national parks.	ü

 

A key requirement within the GNC Policy is to ensure that a consultation process is undertaken with the affected landowners. This is further explained in the Stakeholder Consultation section below.

Statutory Environment

The official naming of features, roads and localities is covered under Section 26 and 26A of the Land Administration Act 1997. Section 26(2)(b) states that the Minister for Lands may by order define and redefine the boundaries of, name, rename and cancel the names of, and, subject to this section, abolish land districts and townsites.

 

In addition, the use of the GNC Policy is also mandatory when undertaking a boundary realignment or renaming proposal.

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.

The Stakeholder Consultation was guided by the GNC Policy to ensure that the requirements under the Land Administration Act 1997 were met.

 

Letters were delivered to affected households advising of the proposal on the 26 October 2022. In addition newspaper advertising of the proposal was undertaken on the 26 October, 2 November, 16 November, and 23 November 2022. A public notice was published on the City’s website and on public notice boards at the City’s Administration Offices and the Busselton Library on the 26 October 2022.

 

A Your Say page was established which included a survey, maps and a link to the GNC Policy. Two questions were posed being:

1.         Do you approve the proposal to adjust the boundaries of Kealy and Vasse?

2.         Do you support the proposed amended boundary location (as shown on map)?

The Survey closed on the 28 November 2022. A full copy of the Community Engagement Report is provided in Attachment B. Of the comments received, they included:

 

“For

·    Makes sense, don’t care, not really concerned.

 

Against:

·    No need to change, like the name “Kealy”, point of difference from Vasse, don’t want to change my address.”

 

Regardless of the fact that some properties locality will change from Kealy to Vasse, these localities still fall under the same postcode and mail distribution is unlikely to be affected.

 

Additional comments of note:

·        2 submissions suggested extending the Kealy Boundary further south to Northerly Street.

·        4 submissions stated that their rates will increase. (Not the case as rates will be factored on values by the Valuer General’s Office).

·        “Sensible decision, everything that is close by is Vasse”

 

Results

Overall summary of community feedback:

·        YES responses = 84 (17%)

·        NO responses = 86 (18%)

·        Tacit consent (no response received) = 316 (65%)

·        Tacit consent + YES responses = 400 (82%)

 

According to the GNC Policy non-responses are treated as tacit consent.

 

“When a survey is sent to the immediate community, consent is considered to be achieved when the number of respondents expressing consent, added to the number of non-respondents (indicating tacit consent) is greater than 50 per cent of the total surveyed population.

 

For example:

 

Population in immediate community                                        100

Respondents who objected                                          30

Respondents who expressed consent                       30

Non-responses (tacit consent)                                    40

Total community that consents                                 70%

 

This proposal can be considered to have community consent.”

In the case of the Vasse/Kealy Boundary adjustment, the results were:

Population surveyed                                                         486

Respondents who objected                                            86           (18%)

Respondents who expressed consent                         84           (17%)

Non-responses (tacit consent)                                       316        (65%)

Total community that consents                                    400        (82%)

Based on the results and the GNC Policy, it is therefore recommended that Council, after consideration of the consultation process including the survey, request the CEO to provide a submission to Landgate requesting a boundary amendment as depicted in Attachment A.

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 to high level have been identified as a result of this recommendation.

Options

As an alternative to the proposed recommendation the Council could:

1.         maintain the status quo and retain the existing locality boundary between Vasse and Kealy. This is not recommended as the urban development and construction of the Vasse Bypass has created a situation where boundaries need to be reviewed; or

2.         consider an alternate alignment, such as extending the boundary southwards to Northerly Street. This option would require further assessment and consultation.

CONCLUSION

Considering the public consultation process meets the requirements of the GNC Policy and the results indicate 82% of the responses are deemed supportive (according to the GNC Policy) then it is recommended that Council request the CEO provide a submission to the Minister requesting the locality boundary between Vasse and Kealy be realigned to follow the alignment of the Vasse Bypass.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Staff would advise the Minister with 5 – 10 working days following a Council resolution. The timing of the Minister’s consideration is unknown but likely to be within 3 to 6 months following the resolution.  

Council		109		25 January 2023
17.1	Attachment a		Vasse-Kealy Locality Boundary Proposal Map

 

 

Council		118		25 January 2023
17.1	Attachment b		Vasse-Kealy Locality Boundary proposal - Consultation Report

 

17.2           COUNCILLORS INFORMATION BULLETIN

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	Councillors Information Bulletin
BUSINESS UNIT	Executive Services
REPORTING OFFICER	Reporting Officers - Various
AUTHORISING OFFICER	Chief Executive Officer - Tony Nottle
NATURE OF DECISION	Noting: The item is simply for information purposes and noting
VOTING REQUIREMENT	Simple Majority
ATTACHMENTS	Attachment a   Current Active Tenders⇩ Attachment b    State Administrative Tribunal Reviews - Current⇩

 

OFFICER RECOMMENDATION That the items from the Councillors’ Information Bulletin be noted: 17.2.1       Current Active Tenders 17.2.2       State Administrative Tribunal Reviews

 

EXECUTIVE SUMMARY

This report provides an overview of a range of information that is considered appropriate to be formally presented to the Council for its receipt and noting. The information is provided in order to ensure that each Councillor, and the Council, is being kept fully informed, while also acknowledging that these are matters that will also be of interest to the community.

 

Any matter that is raised in this report as a result of incoming correspondence is to be dealt with as normal business correspondence, but is presented in this bulletin for the information of the Council and the community.

INFORMATION BULLETIN

17.2.1       Current Active Tenders

The Current Active Tenders is at Attachment A.

17.2.2       State Administrative Tribunal Reviews

The current State Administrative Tribunal Reviews is at Attachment B.

 

Council		121		25 January 2023
17.2	Attachment a		Current Active Tenders

 

Council		123		25 January 2023
17.2	Attachment b		State Administrative Tribunal Reviews - Current

 

 

18.             Motions of which Previous Notice has been Given

Nil

 

 

19.             urgent business

 

 

20.             Confidential Matters

Nil 

 

21.             Closure