Council Minutes 19012016 - City of Bunbury and Minutes... · 2019. 9. 3. · Administration Building, 4 Stephen Street, Bunbury on Tuesday, 19 January 2016 at 5.30pm. Minutes 19 January

CITY OF BUNBURY

4 Stephen Street

Bunbury WA 6230

Western Australia

Correspondence to:

Post Office Box 21

Bunbury WA 6231

Telephone: (08) 9792 7234 ◌ Facsimile: (08) 9792 7184 ◌ TTY: (08) 9792 7370 ◌ www.bunbury.wa.gov.au

Bunbury City Council

Minutes

19 January 2016

Table of Contents

Item No Subject Page

1. Declaration of Opening / Announcements of Visitors............................................................................ 5

2. Disclaimer ............................................................................................................................................... 5

3. Announcements from the Presiding Member ........................................................................................ 5

4. Attendance ............................................................................................................................................. 6

4.1 Apologies ............................................................................................................................... 6

4.2 Approved Leave of Absence .................................................................................................. 6

Declaration of Interest ..................................................................................................................................... 8

6. Public Question Time .............................................................................................................................. 9

6.1 Public Question Time ............................................................................................................. 9

6.2 Responses to Public Questions Taken ‘On Notice’ .............................................................. 10

7. Confirmation of Previous Minutes and other Meetings under Clause 19.1 ......................................... 11

7.1 Minutes ................................................................................................................................ 11

7.1.1 Minutes – Ordinary Council Meeting ................................................................... 11

7.1.2 Minutes – Council Advisory Committees and Working/Project Groups ............. 12

8. Petitions, Presentations, Deputations and Delegations ....................................................................... 13

8.1 Petitions ............................................................................................................................... 13

8.2 Presentations ....................................................................................................................... 13

8.3 Deputations ......................................................................................................................... 13

8.4 Council Delegates’ Reports .................................................................................................. 13

8.5 Conference Delegates’ Reports ........................................................................................... 14

9. Method of Dealing with Agenda Business ............................................................................................ 14

10. Reports .................................................................................................................................................. 15

10.1 Review of Local Planning Policy: Signage and Advertisements made under

the Town Planning Scheme (was listed as item 10.1.1 of the Council Agenda) .. 15

10.2 Revocation of Council Policy – Reserve and Wetland Management (was

listed as item 10.1.2 of the Council Agenda) ....................................................... 19

10.3 Review of Policy – Elected Member Requests (was listed as item 10.1.3 of

the Council Agenda) ............................................................................................. 21

10.4 New Council Policy – Development of Public Land Fund (was listed as item

10.1.4 of the Council Agenda) ............................................................................. 23

10.5 Review of Council Policy – Leases and License (was listed as item 10.1.5 of


10.6 Financial Management Report for the Period Ending 30 November 2015

(was listed as item 10.2.1 of the Council Agenda) ............................................... 29

10.7 Proposed Disposal of Land – Portion Lot 150 Boyanup-Picton Road, Picton

(was listed as item 10.2.2 of the Council Agenda) ............................................... 35

10.8 Proposed Lease Bunbury Airport, Lot 507 (DP74949) South Western

Highway, Davenport on Certificate of Title Volume LR3163 Folio 11. (was

listed as item 10.2.3 of the Council Agenda ........................................................ 38

Table of Contents

Item No Subject Page

10.9 Proposed Deed of Lease – Bunbury Chiropractic Clinic – Office Space South

West Sports Centre on Hay Park Reserve (was listed as item 10.2.6 of the

Council Agenda) ................................................................................................... 41

10.10 Schedule of Accounts Paid for the Period 1 November 2015 to 30 November

2015 (was listed as item 10.2.7 of the Council Agenda) ...................................... 44

10.11 Management of Hay Park Multi-Sport Pavilion (was listed as item 10.3.1 of


10.12 South Joint Development Assessment Panel (JDAP) Application - Extension

and redevelopment of Bunbury Forum Shopping Centre (was listed as item


10.13 Application for Development Approval - Home Business - Fish Freezing and

Fish Processing at Lot 30 (#29) King Road, East Bunbury(was listed as item


10.14 Waste Local Law 2016 (was listed as item 10.5.1 of the Council Agenda) .......... 61

10.15 Addition to Street Name List (was listed as item 10.5.3 of the Council

Agenda) 63

10.16 Bunbury Regional Entertainment Centre – Endorsement of New Board of

Management Member (was listed as item 10.2.4 of the Council Agenda) ......... 65

10.17 Rules of Conduct Review (was listed as item 10.2.5 of the Council Agenda) ...... 67

10.18 National Stronger Regions Fund Round Three Application (was listed as item


10.19 Disaster Relief Reserve Fund Committee - Waroona Fire Appeal (was listed

as item 10.2.9 of the Council Agenda) ................................................................. 82

10.20 Application for Development Approval for Mixed Use Development

(Multiple Dwellings and Shops) at Lot 505 (Development Site 1 Koombana

North) Koombana Drive, Bunbury (was listed as item 10.4.2 of the Council

Agenda) 84

10.21 Withers Public Access Ways (PAW) – Proposed Sale and Amalgamation (was

listed as item 10.5.2 of the Council Agenda) ..................................................... 102

11. Applications for Leave of Absence ...................................................................................................... 107

12. Motions on Notice .............................................................................................................................. 108

13. Questions on Notice ........................................................................................................................... 108

13.1 Response to Previous Questions from Members taken on Notice.................................... 108

13.2 Questions from Members .................................................................................................. 108

14. New Business of an Urgent Nature Introduced by Decision of the Meeting ..................................... 108

15. Meeting Closed to Public .................................................................................................................... 108

15.1 Matters for which the Meeting may be Closed ................................................................. 108

15.2 Public Reading of Resolutions that may be made Public ................................................... 108

16. Closure ................................................................................................................................................ 108

19 January 2016

Minutes – Council Meeting

Page 4

Nature of Council’s Role in Decision Making

Advocacy: When Council advocates on its own behalf or on behalf of its community to

another level of government/body/agency.

Executive/Strategic: The substantial direction setting and oversight role of the Council, e.g. adopting

plans and reports, accepting tenders, directing operations, setting and amending

budgets.

Legislative: Includes adopting local laws, town planning schemes and policies.

Review: When Council reviews decisions made by Officers.

Quasi-Judicial: When Council determines an application/matter that directly affects a person’s

rights and interests. The Judicial character arises from the obligations to abide by

the principles of natural justice.

Examples of Quasi-Judicial authority include town planning applications, building

licences, applications for other permits/licences (e.g. under Health Act, Dog Act or

Local Laws) and other decisions that may be appealable to the State

Administrative Tribunal.

19 January 2016


Page 5

Bunbury City Council

Minutes

Minutes of the Ordinary Meeting of the Bunbury City Council held in the Council Chambers, City of Bunbury

Administration Building, 4 Stephen Street, Bunbury on Tuesday, 19 January 2016 at 5.30pm.

Minutes 19 January 2016

Note: These Minutes are subject to confirmation at the next Ordinary meeting of the Council.

1. Declaration of Opening / Announcements of Visitors

The Meeting was declared open by the Mayor Mr Gary Brennan at 5.30pm.

2. Disclaimer

All persons present are advised that the proceedings of this meeting will be recorded for record

keeping purposes and to ensure accuracy in the minute taking process, and will also be streamed

live via the internet to the public.

3. Announcements from the Presiding Member

The Mayor made mention of the Bushfires that devastated areas within the Shires of Waroona and

Harvey. He applauded fire fighters and volunteers for their efforts and sent his warm wishes for

great success in recovery.

The Mayor also made mention of ReDiscover 2016 which has been a great success and has even

been mentioned on an international level. He thanked everyone involved.

19 January 2016


Page 6

4. Attendance

Present:

Council Members:

Presiding Member Mayor G Brennan

Deputy Presiding Member Deputy Mayor Cr B Kelly

Members Councillor B McCleary

Councillor S Morris

Councillor J Jones

Councillor J McGuinness

Councillor J Hayward

Councillor M Cook

Councillor M Warnock

Executive Leadership Team (Non-Voting)

Chief Executive Officer Mr A Brien

Director Works and Services Mr G Harris

Acting Director Planning, Development and Regulatory

Services

Mrs S Addison-Brown

Council Officers (Non-Voting)

Media and Communications Officer Mr J Tatham

Senior Planning Officer Ms L Sabitzer

Manager Finance Mr D Ransom

Manager Major Projects Mrs F Anderson

Manager Corporate Governance Mr G Golinski

Manager Sustainability and Integrated Land Use Planning T Farnworth

Planning Officer M Wansborough

Acting Council Meeting Support Officer Miss K Merwood

Others (Non-Voting)

Members of the Public 8

Members of the Press 2

4.1 Apologies

Councillor De San Miguel was an apology

Cr Michelle Steck was an apology

4.2 Approved Leave of Absence

19 January 2016


Page 7

4.2.1 Request for Leave of Absence

Applicant/Proponent: Internal

Author: Andrew Brien, Chief Executive Officer

Executive: Andrew Brien, Chief Executive Officer

Attachments: Nil

Summary/Background

Cr Giles requests leave of absence from all Council-related business from 14 January 2016 to 26

January 2016 inclusive.

Cr Steele requests leave of absence from all Council-related business from 12 January 2016 to 19

January 2016

Section 2.25 of the Local Government Act 1995, allows a council to grant leave of absence to one of

its members provided that the period of leave does not exceed six (6) consecutive ordinary

meetings of the Council.

Executive Recommendation

Pursuant to Section 2.25 of the Local Government Act 1995:

1. Cr Giles is granted leave of absence from all Council-related business from 14 January 2016 to

26 January 2016 inclusive.

2. Cr Steele is granted leave of absence from all Council-related business from 19 January 2016 to

19 January 2016

Outcome – Council Meeting 19 January 2016

The recommendation (as printed) was moved Cr Cook, seconded Cr Jones.

The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the

matter.

Council Decision 1/16


1. Cr Giles is granted leave of absence from all Council-related business from 14 January 2016 to

26 January 2016 inclusive.

2. Cr Steele is granted leave of absence from all Council-related business from 19 January 2016 to

19 January 2016

CARRIED

9 votes “for” / Nil votes “against”

19 January 2016


Page 8

Declaration of Interest

Members should fill in Disclosure of Interest forms for items in which they have a financial,

proximity or impartiality interest and forward these to the Presiding Member before the meeting

commences.

Section 5.60A: “a person has a financial interest in a matter if it is reasonable to expect that the

matter will, if dealt with by the local government, or an employee or committee of the local

government or member of the council of the local government, in a particular way, result in a

financial gain, loss, benefit or detriment for the person.”

Section 5.60B: “a person has a proximity interest in a matter if the matter concerns –

(a) a proposed change to a planning scheme affecting land that adjoins the person’s

land; or

(b) a proposed change to the zoning or use of land that adjoins the person’s land; or

(c) a proposed development (as defined in section 5.63(5)) of land that adjoins the

person’s land.”

Regulation 34C (Impartiality): “interest means an interest that could, or could reasonably be

perceived to, adversely affect the impartiality of the person having the interest and includes an

interest arising from kinship, friendship or membership of an association.”

Cr McGuinness declared a financial interest in the item titled “10.2.4 Bunbury Regional

Entertainment Centre – Endorsement of New Board of Management Member” as he is an employee

of BREC. Cr McGuiness will leave the chamber for the duration of the discussion and the vote on

the matter.

Cr Morris declared a financial interest in the item titled “10.4.2 Application for Development

Approval for Mixed Use Development (Multiple Dwellings and Shops) at Lot 505 (Development Site

1 Koombana North) Koombana Drive, Bunbury” as he has purchased a retail shop and apartment in

the complex. Cr Morris will leave the chamber for the duration of the discussion and the vote on

the matter.

Cr Jones declared an impartiality interest in the item titled “10.5.2 Withers Public Access Ways

(PAW) – Proposed Sale and Amalgamation” as she is the Chairman of Aqwest. Cr Jones will remain

in chamber for the duration of the discussion and the vote on the matter.

Cr Jones declared an impartiality interest in the item titled “10.2.8 National Stronger Regions Fund

Round Three Application” as she is the Chairman of Aqwest who are a nominated prospect partner.

Cr Jones will remain in chamber for the duration of the discussion and the vote on the matter.

Cr Jones declared an impartiality interest in the item titled “10.4.2 Application for Development


1 Koombana North) Koombana Drive, Bunbury” as she is the Chairman of Aqwest and Aqwest is

referred to and referenced in this item. Cr Jones will remain in chamber for the duration of the

discussion and the vote on the matter.

Cr Warnock declared an impartiality interest in the item titled “10.4.2 Application for Development


19 January 2016


Page 9

1 Koombana North) Koombana Drive, Bunbury” as she does the Public Relations for Aqwest in a

paid capacity through her company Big Fish Media and Events Pty Ltd.

Cr Warnock declared an impartiality interest in the item titled “10.5.2 Withers Public Access Ways

(PAW) – Proposed Sale and Amalgamation” as she does the Public Relations for Aqwest in a paid

capacity through her company Big Fish Media and Events Pty Ltd.

6. Public Question Time

In accordance with Reg. 7(4)(a) of the Local Government (Administration) Regulations 1996, members of the

public in attendance at the meeting may stand, state aloud their name and address, and ask a question in

relation to any matter over which the municipality of Bunbury has jurisdiction or involvement.

In accordance with Standing Order 6.7(3)(a) a person wishing to ask a question, must complete a question

form which is provided in the trays at the back of the public gallery and on the City’s website. The completed

form must include your name and address and contain no more than three (3) questions. If your question

requires research or cannot be answered at the meeting, it will be taken on notice and you will receive a

written response and a summary of your question (and any responses provided) will be printed in the

minutes of the meeting.

6.1 Public Question Time

Mr David Smith, of 8 Picton Crescent, Bunbury on 15 January 2016, submitted the following

questions to Council:

Mr David Smith, 8 Picton Crescent, Bunbury

Question 1: Does section 2.7.(2) (b) of the Local Government Act provide that one of the roles

of Council as the elected body is to determine “the Local Government’s policies”?

Reply 1. Yes it does

Question 2: What is the difference between a local government’s policies and local government

policy guidelines?

Reply 2. On 25 September 2012, Council adopted a policy framework which outlines this

(refer Council decision 277/12)

Question 3: In particular are policy guidelines determine by the council as the elected body, or

by the executive and can they be changed without the changed being approved by

the Elected Council?

Reply 3. Council determines Council policies upon recommendation by the Policy Review and

Development Committee. Where a corporate guideline is linked to Policy, these are

also reviewed/modified by the Committee.

Brian Rettinger - Unit 1, 13 Upper Esplanade, Bunbury.

Question: Now that the Public Comment period has closed on Lots 66 and 497 of the Ocean Drive

Central Tourist Precinct, when will the Council review submissions received, meet to discuss their

19 January 2016


Page 10

views, and submit Bunbury Council’s final amendments to the detailed structure Plans for Lots 66

and 497 to the WA Planning Commission?

NOTE: The above question was submitted on the evening, but not before the commencement of

the meeting as required by Standing Order 6.7(3). Mr Rettinger was advised that it would be

included in the Ordinary Council Meeting Agenda of 9 February 2016.

6.2 Responses to Public Questions Taken ‘On Notice’

Nil.

19 January 2016


Page 11

7. Confirmation of Previous Minutes and other Meetings under Clause 19.1

7.1 Minutes

7.1.1 Minutes – Ordinary Council Meeting

The minutes of the Ordinary meeting of the Bunbury City Council held 8 December 2015 have been

circulated.

Recommendation

The minutes of the Ordinary meeting of the Bunbury City Council held 8 December 2015 be

confirmed as a true and accurate record.


The recommendation (as printed) was moved Cr Jones, seconded Cr Hayward.


matter.


The minutes of the Ordinary meeting of the Bunbury City Council held 8 December 2015 be

confirmed as a true and accurate record.

CARRIED


19 January 2016


Page 12

7.1.2 Minutes – Council Advisory Committees and Working/Project Groups

Applicant/Proponent: Internal Report

Author: Various

Executive: Various

Attachments: Appendix MTBN-1: Policy Review and Development Committee

Minutes – 26/11/2015

Appendix MTBN-2: International Relations Committee Minutes –

9/12/2015

Appendix MTBN-3: Community Access Committee Minutes

4/12/2015

Summary

The following Advisory Committee Meetings were held and the minutes are presented for noting:

1. Title: Policy Review and Development Committee – 26/11/2015

Author: Leanne French - Senior Governance and Risk Officer

Appendix: MTBN-1

2. Title: International Relations Committee Minutes – 9/12/2015

Author: Senior Sister Cities Officer

Appendix: MTBN-2

3. Title: Community Access Committee Minutes – 4/12/2015

Author: Deanna Sullivan - Team Leader Community Development

Appendix: MTBN-3

Council Committee Recommendation

The following Advisory Committee meeting minutes listed in the report be accepted and noted:

1. Policy Review and Development Committee – 26/11/2015

2. International Relations Committee Minutes – 9/12/2015

3. Community Access Committee Minutes – 4/12/2015


The recommendation (as printed) was moved Cr Kelly, seconded Cr Cook.


matter.

19 January 2016


Page 13


The following Advisory Committee meeting minutes listed in the report be accepted and noted:

1. Policy Review and Development Committee – 26/11/2015

2. International Relations Committee Minutes – 9/12/2015

3. Community Access Committee Minutes – 4/12/2015

CARRIED


8. Petitions, Presentations, Deputations and Delegations

8.1 Petitions

Nil.

8.2 Presentations

Nil.

8.3 Deputations

Mr David Smith, 8 Picton Crescent, Bunbury

Mr Smith requested to address item 10.2.5 titled “Rules of Conduct Review”.


Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Mr Smith’s deputation

request to address items 10.2.5 titled “Rules of Conduct Review” and allows a period of up to 5

minutes to present to Council.

CARRIED

8.4 Council Delegates’ Reports

Nil.

19 January 2016


Page 14

8.5 Conference Delegates’ Reports

Nil.

9. Method of Dealing with Agenda Business

Standing Order 5.5 permits the Council to adopt the recommendations “by exception” (en-bloc).

Pursuant to Standing Order 5.5, the Council “adopted by exception” (i.e. without discussion) those

recommendations listed for items 10.1.1, 10.1.2, 10.1.3, 10.1.4, 10.2.1, 10.2.2, 10.2.3, 10.2.5,

10.2.6, 10.2.7, 10.3.1, 10.4.1, 10.4.3, 10.5.1 and 10.5.3

Items 10.2.4, 10.2.5, 10.2.8, 10.2.9, 10.4.2 and 10.5.2 of the meeting agenda were then discussed

and voted on separately and in the order that they appeared on the agenda. The items have been

renumbered with the items voted “by exception” listed first.

The items “adopted by exception” were moved Cr Cook, seconded Cr Jones

19 January 2016


Page 15

10. Reports

10.1 Review of Local Planning Policy: Signage and Advertisements made under the Town Planning

Scheme (was listed as item 10.1.1 of the Council Agenda)

Applicant/Proponent: Policy Review and Development Committee

Responsible Officer: Thor Farnworth, Manager Sustainability, Planning and

Development

Executive: Stephanie Addison-Brown, Acting Director Planning,

Development and Regulatory Services

Attachments: Appendix RAC-1: Local Planning Policy Signage and Advertising

(proposed amendment EGDS) 22 Oct 2015

Summary

On 29 September 2015 Council accepted the Policy Review and Development Committee

recommendation that Council request the Chief Executive Officer initiate a review of the current

Local Planning Policy: Signage and Advertising in consultation with the Policy Review and

Development Committee, with specific emphasis on LED illuminated electronic graphic display

screens (Council Decision 334/15).

The Policy Review and Development Committee considered the revised draft Local Planning Policy:

Signage and Advertisements at its meeting held 26 November 2015.

Strategic Relevance

Key Priority Area 4 Regional Economy

Objective 4.1 Maintain support for local business

Key Priority Area 5 Corporate

Objective 5.2 Maintain a high standard of corporate governance and improve access to

information.

Policy Review and Development Committee Recommendation

That Council:

1. In accordance with to clause 4 of ‘Division 2 - Local planning policies’ under ‘Part 2 - Local

planning framework’ of ‘Schedule 2 - Deemed provisions for local planning schemes’ of the

Planning and Development (Local Planning Schemes) Regulations 2015, resolves to advertise

the revised draft Local Planning Policy: Signage and Advertisements as attached at Appendix

RAC-1 for public comment for a period of not less than 21 days.

2. Following public advertising of the revised draft Local Planning Policy: Signage and

Advertisements, the proposal and any submissions lodged with the City of Bunbury during

the public advertising period are to be returned to Council for further consideration.

Background

19 January 2016


Page 16

Council adopted the Local Planning Policy: Signage and Advertisements on 10 June 2014 (Council

Decision: 199/14) after an extensive community and industry consultation period, which included

workshops held with representatives of the Bunbury Chamber of Commerce and Industry (BCCI).

A revised draft of the local planning policy has been prepared in order to accommodate Council’s

direction, as set by its consideration of a proposed ‘electronic graphic display screen sign’ at Lot

100 (#121) King Road in East Bunbury (Council Decision: 307/15), which was referred on 1

September 2015 to the Policy Review Committee on the following grounds:

* “There are some perceived inconsistencies between this proposal and at least one other

which could be regarded as similar and has been approved by the City of Bunbury;

* The issue of “electronic graphic display screens” as a means of signage in locations other than

the CBD given the prospect of greater use of such signs in future;

* A qualification in the relevant policy that the City of Bunbury recognises that advertising by

means of signage is a legitimate function of business and is enshrined in the policy as such.”

Council Policy and Legislative Compliance

The revised draft Local Planning Policy: Signage and Advertisements has been prepared in

accordance with the provisions of ‘Division 2 - Local planning policies’ under ‘Part 2 - Local planning

framework’ of ‘Schedule 2 - Deemed provisions for local planning schemes’ of the Planning and

Development (Local Planning Schemes) Regulations 2015.

Officer Comments

The proposed draft amendments to the local planning policy were substantively adapted from

Main Roads Western Australia’s (MRWA) Policy and Application Guidelines for Advertising Signs

within and Beyond State Road Reserve (June 2015), and were informed by a review of the

Austroads Research Report: Impact of Roadside Advertising on Road Safety (January 2013).

The proposed policy amendments as drafted seek to protect existing standards of amenity and

road safety, as they do not propose to:

(a) remove the restriction on third party advertising outside of the City Centre Zone;

(b) permit electronic graphic display screens to be within at least 50 metres of traffic

lights or a road intersection; or

(c) permit electronic graphic display screens to be located in the Residential Zone.

In summary, the revised draft of the policy introduces the following changes:

* Inclusion of additional definitions regarding signage and road safety terminology (i.e. ‘digital

format sign’, ‘driver sightline areas’, ‘projected image format sign’, ‘variable message sign’

and ‘variable electronic message sign’).

* Clarification on the requirements for moving or rotating signs and advertising devices.

* Further clarification or guidance on animated and digital format signs and advertisements

(i.e. electronic graphic display screens), such as:

* maximum luminance level;

* minimum dwell time;

* minimum acceptable distance between signs; and

19 January 2016


Page 17

* exclusion from within 50 metres of traffic signals or a road intersection.

* Inclusion of maintenance requirement for signs and advertisements.

* Changes to symbols used in the table of assessment categories for signs and advertisements,

to clarify that the level of assessment a type of sign or advertisement proposal requires does

not determine its level of permissibility under the Scheme (i.e. ‘C’ means the proposal is

‘code assessable’ and ‘I’ means the proposal is ‘impact assessable’). This change is in line

with the publicly advertised version of the original drafted policy, which sought to avoid

inevitable confusion with symbols used in the Zoning Table of the Scheme for determining

the level of permissibility of a land use class (i.e. ‘P’, ‘D’, ‘A’ and ‘X’).

* Splitting of the electronic graphic display screen sign detailed in the table of standard design

requirements for signs and advertisements into a ‘small’ and a ‘large’ type accordingly:

* ‘Electronic graphic display screen- small’ is a small digital format sign of up to 4m² in

sign face area, usually including Light Emitting Diode (LED) technology, such as a TV

screen, and associated technology and software, capable of producing still images,

video replay and live television broadcasts and animations as programmed.

* ‘Electronic graphic display screen - large’ is a large digital format sign usually including

Light Emitting Diode (LED) technology and associated technology and software,

capable of producing still images, video replay and live television broadcasts and

animations as programmed.

* Changes to referencing of Model Scheme Text (MST) clauses of the Scheme to those of the

deemed provisions for local planning schemes under the Planning and Development (Local

Planning Schemes) Regulations 2015.

Analysis of Financial and Budget Implications

The draft local planning policy relates to the regulation of development on private property, and

therefore, the effect of the recommendation has no direct budgetary or financial implications for

the City of Bunbury.

Community Consultation

Subject to Council’s approval, the revised draft Local Planning Policy: Signage and Advertisements

will be publicly advertised for community comment for a period of not less than 21 days, in

accordance with clause 4 of ‘Division 2 - Local planning policies’ under ‘Part 2 - Local planning

framework’ of ‘Schedule 2 - Deemed provisions for local planning schemes’ of the Planning and

Development (Local Planning Schemes) Regulations 2015.

Councillor/Officer Consultation

The Policy Review and Development Committee considered this matter at its meeting held 26

November 2015.

The proposal has been referred to the City of Bunbury’s Development Coordination Unit (DCU) for

professional advice and technical assessment prior to the finalisation of this report. Traffic

engineering and road safety advice and material were provided by Mr Bradley Brooksby (Senior

Engineer).

19 January 2016


Page 18


Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr

Cook seconded Cr Jones and adopted (’en bloc’) to come the Council’s decision on the matter.

Council Decision Resolution Number 5/16

That Council:

1. In accordance with to clause 4 of ‘Division 2 - Local planning policies’ under ‘Part 2 - Local

planning framework’ of ‘Schedule 2 - Deemed provisions for local planning schemes’ of the

Planning and Development (Local Planning Schemes) Regulations 2015, resolves to advertise the

revised draft Local Planning Policy: Signage and Advertisements as attached at Appendix RAC-1

for public comment for a period of not less than 21 days.

2. Following public advertising of the revised draft Local Planning Policy: Signage and

Advertisements, the proposal and any submissions lodged with the City of Bunbury during the

public advertising period are to be returned to Council for further consideration

CARRIED


19 January 2016


Page 19

10.2 Revocation of Council Policy – Reserve and Wetland Management (was listed as item 10.1.2 of

the Council Agenda)


Responsible Officer: Ben Deeley, Team Leader Sustainability and Environmental

Planning

Executive: Stephanie Addison-Brown, Acting Director Planning,

Development and Regulatory Services

Attachments: Appendix RAC-2: Council Policy Reserves and Wetland

Management

Summary

The purpose of this report is for Council to consider the proposed revocation of the current policy

relating to Reserves and Wetland Management.

Strategic Relevance

Key Priority Area 3: Natural and Built Environment

Objective 3.1: Undertake assessment of the City’s key natural areas, activity centres and

streetscapes to identify opportunities to improve biodiversity.


That Council:

1. Revoke Council Policy Reserves and Wetland Management as attached at Appendix RAC-2.

2. Note that the Corporate Guideline Management of Bushland Reserves and Wetlands applies.

Background

The Reserves and Wetland Management Policy was reviewed by the Policy Review and

Development Committee at its meeting held 26 November 2015.

Council Policy Reserves and Wetland Management has been in operation since at least 14 April

1998.

A review of the Council Policy was conducted in August 2015, involving liaison with all relevant

internal departments. A draft updated policy was subsequently prepared. This document was

informally considered by the Executive Leadership Team and the determination made that it would

better suit the form of a corporate guideline, given its operational nature.

Council Policy Compliance

This report proposes the revocation of an existing Council Policy.

Legislative Compliance

19 January 2016


Page 20

Section 3.54 of the WA Local Government Act 1995 empowers local government authorities to

manage vested Crown land as deemed appropriate, in accordance with section 5 of the WA Parks

and Reserves Act 1895 and WA Land Administration Act 1997.

Officer Comments

The corporate guideline renders the existing Council policy superfluous.


The executive recommendation has no financial or budgetary implications for Council over and

above existing allocations to the relevant internal departments for on-ground works in Council

bushland reserves and wetlands.



November 2015.





That Council:

1. Revoke Council Policy Reserves and Wetland Management as attached at Appendix RAC-2.

2. Note that the Corporate Guideline Management of Bushland Reserves and Wetlands applies

CARRIED


19 January 2016


Page 21

10.3 Review of Policy – Elected Member Requests (was listed as item 10.1.3 of the Council Agenda)


Responsible Officer: Leanne French, Senior Governance and Risk Officer


Attachments: Appendix RAC-3: Council Policy Elected Member Requests

Summary

The purpose of this report is for Council to consider a revised Policy relating to the process in which

elected members submit enquiries and requests to the City of Bunbury in relation to strategic and

operational issues.

Strategic Relevance

Key Priority Area 5 Corporate

Objective 5.2 Maintain a high standard of corporate governance and improve access to

information.


That Council adopt the revised Council Policy entitled Elected Member Requests as attached at

Appendix RAC-3.

Background

The purpose of the Elected Members Request Policy is to ensure the City provides guidance to all

Elected Members so that they may submit enquiries and requests to the City of Bunbury in relation

to strategic and operational issues.

This Policy was previously reviewed and updated in September 2014. A revision of the Policy is

being undertaken now due to a recent change in request management software resources. As a

result of this change any references to request management software have been made generic.


This report proposes a revision to an existing Council Policy Elected Member Requests.


Regulation 10(1)(a) of the Local Government (Rules of Conduct Regulation 2007) applies.

- http://www.austlii.edu.au/au/legis/wa/consol_reg/lgocr2007453/s10.html

The State Records Commission of Western Australia released a Policy in October 2013 on Local

Government Elected Members’ Records.

- http://www.sro.wa.gov.au/state-recordkeeping/principles-policies-and-

standards/local-government-elected-members-records .

The City of Bunbury Code of Conduct outlines information on relationships between Elected

Members and staff.

19 January 2016


Page 22

Officer Comments

The City currently has a policy entitled Elected Member Requests, which the Policy Review and

Development Committee have reviewed and now present to Council for consideration.


There are no financial or budgetary implications impacting from the recommendations of this

report, as the intent of the existing Policy has not been altered.


Not Applicable



November 2015.





That Council adopt the revised Council Policy entitled Elected Member Requests as attached at

Appendix RAC-3.

CARRIED


19 January 2016


Page 23

10.4 New Council Policy – Development of Public Land Fund (was listed as item 10.1.4 of the Council

Agenda)


Responsible Officer: Felicity Anderson, Manager Major Projects


Attachments: Appendix RAC-4: Council Policy Development of Public Land

Fund

Appendix RAC-5: Corporate Guideline Development of Public

Fund

Summary

This purpose of this report is for Council to consider a new Council Policy relating to the loaning of

funds to businesses as recommended by the Policy Review and Development Committee.

Strategic Relevance

Key Priority Area 4: Regional Economy

Objective 4.1: Maintain support for local business

Objective 4.2: Create an environment that will attract new business

Policy Review and Development Recommendation

That Council adopt the new Council Policy entitled Development of Public Land Fund as attached at

Appendix RAC-4

Background

The draft policy was considered by the Policy Review and Development Committee at its meeting

held 26 November 2015.

At the Ordinary Council meeting held 7 July 2015, Council clarified its position in relation to the

funding of Alfresco Shade Structures for Café 140, Mojos, and Caf-Fez, as well as determining that

no further funding applications for Alfresco Dining will be considered until a Council Policy in this

regard is developed.


This report provides the final draft of a new Council Policy.


Not applicable

Officers Comment

At its meeting held 20 August 2015, the Committee considered this matter and requested officers

to provide a draft policy relating to the loaning of funds to businesses for developments on public

land which demonstrate social and economic benefit including a defined financial repayment plan.

19 January 2016


Page 24

The draft policy was forwarded directly to the Committee for feedback on 24 September 2015.

Feedback was provided by the Mayor and Cr Cook and this was considered in preparing the final

draft, which was presented to the Committee at its meeting held 26 November 2015.


The Committee has identified that Council should determine the value of the fund during budget

deliberations.



November 2015.





That Council adopt the new Council Policy entitled Development of Public Land Fund as attached

at Appendix RAC-4

CARRIED


19 January 2016


Page 25

10.5 Review of Council Policy – Leases and License (was listed as item 10.1.5 of the Council Agenda)




Attachments: Nil.

Summary

This purpose of this report is to provide Council with the preferred option relating to possible

amendments to Council’s current policy, Leases and Licenses following the outcome of community

consultation and a preferred option identified by respondents.

Strategic Relevance

Key Priority Area 5: Corporate

Objective 5.4: Apply best practice best management principles to optimise the City’s

infrastructure whilst minimising lifecycle costs


That Council:

1. Request the CEO conduct a forum with consulted sporting groups in February 2016 to

complete the consultation process; and

2. Continue the Rent Tier Matrix as is (Status Quo) until the results of the forum are determined

and reported back to the Policy Review and Development Committee.

Background

At the Ordinary Council meetings held on 12 and 26 May 2015, Council considered reports relating

to the assignment of a lease to the Bunbury Tennis Club. The matter was ultimately resolved

outside the parameters of Council’s Leases and Licences policy.

In this regard it is considered appropriate for the Committee to review the Leases and Licences

policy, which currently does not take into consideration any social benefit measures when applied

to a lease application or renewal.

Officers investigated a number of options incorporating the social impacts that community and

sporting clubs provide the broader community, and how these can be taken into consideration by

the City when structuring leasing fees.

A paper was presented to the Committee that detailed three options that were investigated to

determine a process that measures social involvement in the community, assessed by information

provided directly from the groups through an application form.

Option 1 – Status Quo

19 January 2016


Page 26

Continue to apply the rent tier matrix against market valuations as currently occurs.

Option 2 – Charging per square metre (valuation not required)

Applying a social measure to the club then charging a fee per square metre on the land area of the

lease, based on whether the facility is club owned or City owned, with an additional annual

maintenance fee.

Option 3 – Apply Rent Tier Matrix with the addition of social measures (valuation required)

Involves applying a social “discount” to the valuation before applying the current rent tier matrix.

At the policy Review and Development Committee Meeting 18 June 2015 it was agreed to consult

directly with affected community and sporting organisations, to workshop the potential options

and impacts to ascertain the best option moving forward.

An options discussion paper was drafted and the City’s Sport and Recreation Liaison Officer issued

letters and options papers to some 50 community and sporting groups seeking feedback. A copy of

the 50 groups approached, initial letter and discussion paper were presented to the Committee at

its meeting held 26 November 2015.

Initially there was little response and the Officer followed up several times, once at the end of

August and again later in September. Officers also met with a number of clubs that sought

clarification during the process.

At the end of the process some 19 community and sporting groups had provided a response. On

the advice and information returned the Sport and Recreation officer prepared a summary report,

which the Committee considered at its meeting held 26 November 2015.

Of the three options put forward for discussion the community determined the options in the

following order preference, with two options jointly taking first preference:.

First Preference Option 1 - Continue Rent Tier Matrix as applied; and

Option 3 - Rent Tier Matrix with additional discount for social

Impacts(measure)

Third Preference Option 2 – Land Area Charging with Social Assessment


This report relates to current Council Policy Leases and Licenses.


Section 3.58 of the Local Government Act 1995 deals with disposal of property. Regulation 30 of

the Local Government (Functions and General) Regulations 1996 covers dispositions of property

excluded from the Act.

Officer/Committee Comments

19 January 2016


Page 27

Of the 50 groups contacted only 19 replied, and 13 did not agree with the existing rent tier matrix

process. This included one group, the Bunbury Swimming Club, who have premises on land but

have never held a lease over that land (a matter that has been in negotiation and is pending

Council’s review of this Policy.)

It may be considered that in not responding the remaining 31 groups were satisfied with the

existing process of the rent tier matrix. When including the 6 groups that voted for the existing rent

tier matrix this would indicate that 37 groups (majority) appear supportive of the existing rent tier

matrix.

As requested by Council a social measure aspect was researched and options provided to the

Committee. This social measure aspect also received support from 6 groups. Application of social

measure would be undertaken by way of an application form that will provide the relevant

information for assessment and align a group with one of four options. The four options will

identify any upfront discount on valuation. The rent tier matrix will then be applied to the

discounted value for the term of the lease.

To assist in identifying the preferred percentage of discount to apply to social measure, modelling

has been undertaken and examples were presented to the Committee. Should this option be

considered, the preferred table of discount that will be applied for social measure will need to be

determined.

Officers note the complexities and cost of obtaining market rental valuations for community groups

as part of the rent tier matrix option.

Each market valuation sought for the rent tier matrix application can cost approximately$3,000 and

take 3 months to receive. To minimise the cost to Council (market rental valuations appear to cost

considerably more that the annual lease fees that are applied) it is suggested that officers review

the process of seeking market valuations over the next twelve months and identify options for

Council consideration.

Upon initial investigation into the use of valuations for the disposal and lease of property the

Department of Local Government advised that Regulation 30 of the Local Government (Functions

and General) Regulations 1996, specifically identifies the following groups as being exempt from

not only advertising, but the entire Section 3.58: Charitable; Benevolent; Religious; Cultural;

Educational; Recreational; Sporting; or any other like nature.

The Department identified that although there is an exemption built in, this does not mean the

Local Government cannot utilise a valuation, it just means the exemption is there if the Local

Government chose to utilise it.

At its meeting held 26 November 2015, the Policy Review and Development Committee considered

the information provided and requested officers hold a forum with consulted sporting groups to

complete the community consultation and provide a report to the next meeting of the Committee

on 18th February 2016.


Each market valuation sought for the rent tier matrix application can cost approximately$3,000 and

take 3 months to receive. This is a cost that the City currently bears and is not passed onto the

19 January 2016


Page 28

individual community and sporting groups. However, legally Council may choose at its discretion to

recover this cost from groups.


50 community and sporting groups were contacted and engaged to provide feedback on the

options being considered.


Relevant Officers have been consulted in relation to the preparation of this report and associated

options.





That Council:

1. Request the CEO conduct a forum with consulted sporting groups in February 2016 to

complete the consultation process; and

2. Continue the Rent Tier Matrix as is (Status Quo) until the results of the forum are determined

and reported back to the Policy Review and Development Committee.

CARRIED


19 January 2016


Page 29

10.6 Financial Management Report for the Period Ending 30 November 2015 (was listed as item 10.2.1

of the Council Agenda)


Responsible Officer: David Ransom, Manager Finance


Attachments: Appendix CEO-1: Statement of Comprehensive Income

Appendix CEO-2: Statement of Financial Activity

Appendix CEO-3: Statement of Net Current Assets

Appendix CEO-4: Statement of Financial Position

Appendix CEO-5: Capital Works Expenditure Summary

Appendix CEO-6: Operating Project Expenditure Summary

Summary

The following comments are provided on the key elements of Council’s financial performance.

1. Statement of Comprehensive Income (attached at Appendix CEO-1)

Actual Financial Performance to 30 November 2015

- Actual income of $45.50M is $283K greater than the year-to-date budgeted income

of $45.21M.

- Actual expenditure of $16.49M is $1.72M less than the year-to-date budgeted

expenditure of $18.21M (refer explanation within the report).

- Actual operating surplus of $29.01M is $2.01M more than the year-to-date

budgeted operating deficit of $27.00M.

2. Statement of Financial Position (attached at Appendix CEO-4)

Council’s year-to-date and forecast balances are as follows:

Year-to-date Forecast

* Current Assets of $51.86M includes:

- Cash and Investments $37.80M $19.12M

- Rates $11.97M $0.71M

- Other Current Assets $ 2.09M $1.72M

* Current Liabilities of $9.45M includes:

- Trade and Other Payables $3.91M $3.69M

- Annual Leave and LSL Provisions $3.32M $3.74M

* Working Capital

(Current Assets less Current Liabilities) $42.41M $11.75M

* Equity

(Total Assets less Total Liabilities) $571.01M $550.32M

3. Capital Works (attached at Appendix CEO-5)

19 January 2016


Page 30

- Actual capital works of $4.86M (which excludes $2.87M of committed expenditure)

is $2.20M less than the year-to-date budgeted capital works of $7.06M, (refer

explanation within report).

4. Operating Project Expenditure (attached at Appendix CEO-6)

- Actual operating project expenditure of $1.03M (which excludes $472K of

committed expenditure) is $752K less than the year-to-date budgeted operating

project expenditure of $1.79M, (refer explanation within report).


The Financial Management Report for the period ending 30 November 2015 be received.

Strategic Relevance


Objective 5.3: Ensure financial sustainability.

Background

A financial management report is provided to Councillors on a monthly basis which includes the

following summaries:

- Statement of Comprehensive Income (attached at Appendix CEO-1)

- Statement of Financial Activity (attached at Appendix CEO-2)

- Statement of Net Current Assets (attached at Appendix CEO-3)

- Statement of Financial Position (attached at Appendix CEO-4)

- Capital Works Expenditure Summary (attached at Appendix CEO-5)

- Operating Projects Summary (attached at Appendix CEO-6)

These summaries include end-of-year forecasts based on a monthly review of year-to-date income

and expenditure for all accounts.


Not applicable.


In accordance with the provisions of Section 6.4 of the Local Government Act 1995 and Regulation

34 (1) of the Local Government (Financial Management) Regulations 1996, a Local Government is

to prepare each month a Statement of Financial Activity (attached at Appendix CEO-2) reporting on

the revenue and expenditure as set out in the annual budget under Regulations 22 (1) (d) for this

month.

At the Special Council Meeting 30 July 2015, Council adopted that a variance between actual and

budget-to-date of greater than or equal to 10% and $25,000 is considered to be a material variance

for reporting purposes in the Statement of Financial Activity for 2015/16.

Officer Comments

19 January 2016


Page 31

The Operating Income, Operating Expenditure and Capital Expenditure graphs provide an overview

on how actual income/expenditure is tracking to budget and the previous financial year. Comments

are provided on each graph regarding the current financial position.

19 January 2016


Page 32

The following is an explanation of significant Operating and Capital variances identified in the

Statement of Comprehensive Income and Statement of Financial Activity:

Statement of Comprehensive Income YTD Actual to

Budget Variance

Operating Income

The Total Operating Income variance between actual and budget-to-

date is a favourable variance of $283,254. There are a number of

income items that have a minor actual variance above or below

budget-to-date due to the timing of the receipt of income.

$283,254

0.63%

Contributions, Reimbursements and Donations

Contribution Income - Favourable year-to-date variance of $87,405

due to an LGIS Insurance rebate of $89,562 received. This was

received due to low insurance claims over the past several years. An

end of year forecast adjustment has been made and this amount will

be transferred to reserve.

$95,561

31%

Fees and Charges

Property Lease and Rental Fee Income – Unfavourable year-to-date

variance of $59,224 due to lost lease income from Lot 757 Ocean

Drive. Property required maintenance for new lease agreement to be

signed. Maintenance has since been completed and a new lease

agreement is due to start in January 2016. An end of year forecast

adjustment has been made to reduce income by $49,998 (6 months

lease income).

$152,222

2%

Operating Expenditure

The Total Operating Expenditure variance between actual and

budget-to-date is a favourable variance of $1,728,224. There are a

number of expenditure items that have a minor actual variance

$1,728,224

9.5%

19 January 2016


Page 33

Statement of Financial Activity YTD Actual to

Budget Variance

Operating Revenues

See explanation above included in the Statement of Comprehensive

Income variances.

$290,527

2.56%

Operating Expenses

See explanation above included in the Statement of Comprehensive

Income variances.

$1,728,223

9.5%

Capital Expenses

Acquisition of Assets – Variance due to delay in progress of various

projects. Note that there is committed expenditure of $2.87M. Refer

to Capital Expenditure report for project details.

$2,204,246

31%


This Financial Management Report on the financial performance of the City is provided for

Councillors information and does not have any financial or budget implications.


There is no requirement for community consultation on this report.


Council’s Executive Leadership Team, Department Managers and Finance staff monitor the City’s

monthly revenue and expenditure and (as required) refers any variances requiring remedial action

to Council.

Approved budget amendments are recorded in the financial statements to reflect Council’s current

budget and financial position at all times.

above or below budget-to-date due to the timing of expenditure.

Materials and Contracts

Material Expenses – Favourable year-to-date variance of $346,284,

mainly due to the timing of expenditure. This will be monitored on a

monthly basis.

Consultants Expense – Favourable year-to-date variance of $151,522

mainly due to the timing of Operating Projects. Please refer to the

Operating Expenditure Report for project details. This will be

monitored on a monthly basis.

Contractors Expense – Favourable year-to-date variance of $798,718

mainly due to the timing of Operating Projects. Please refer to the

Operating Expenditure Report for project details. This will be

monitored on a monthly basis.

$1,347,845

23%

Other Expense

Contributions, Donations and Sponsorship Expense – Favourable year-

to-date variance of $84,775 mainly due to the timing of Operating

Projects. Please refer to the Operating Expenditure Report for project

details. This will be monitored on a monthly basis.

$102,725

9%

19 January 2016


Page 34





The Financial Management Report for the period ending 30 November 2015 be received.

CARRIED


19 January 2016


Page 35

10.7 Proposed Disposal of Land – Portion Lot 150 Boyanup-Picton Road, Picton (was listed as item

10.2.2 of the Council Agenda)

Applicant/Proponent: Daniel and Sherin Kalpakoff

Responsible Officer: Felicity Anderson, Manager Major Projects and Property


Attachments: Appendix CEO-7: Disposal Area Lot 150 Boyanup-Picton Rd

Summary

The City of Bunbury has received an application from Daniel and Sherin Kalpakoff (the “Applicant”)

to purchase a portion of Lot 150 Boyanup –Picton Road, Picton (the “Property”), owned in freehold

by the City of Bunbury (the “City”). A location plan is attached at Appendix CEO-7.

The Applicant intends for the Property to be amalgamated into their adjoining property located at

Lot 9 Boyanup-Picton Road, Picton (the “Adjoining Property”) in order to rectify the encroachment

of the existing outbuildings that pre-date ownership by the Applicant.


That Council agrees to dispose of a portion of Lot 150 Boyanup-Picton Road, Picton to the adjoining

property owners Daniel and Sherin Kalpakoff, subject to the terms and conditions specified in this

report and the following;

1) All costs associated with the sale, sub-division and amalgamation of the Property is to be

payable by the Applicant; and

2) Compliance with Section 3.58 of the Local Government Act 1995.

Strategic Relevance


Objective 5.1: Facilitate community and stakeholder participation in decision making.

Background

The City has become aware of a number of outbuildings that had encroached onto the City’s

freehold land, being Lot 150 Boyanup-Picton Road and it was noted that the issue would be

addressed by the City’s Compliance Officer.

The Applicant was notified of the encroachment and asked to remove the offending structures. The

Applicant contacted the City and advised that the outbuildings were constructed prior to the

Applicant purchasing their property and requested that the City consider selling the land so that

the offending structures can remain usable.

Council Officer’s and the Applicant (the “Parties”), have discussed the potential disposal of a

portion of the Property measuring approximately 444sqm. The City requested and received a

Landgate Market Valuation which valued the land at $75.00 per square metre.

19 January 2016


Page 36

The Parties have agreed to dispose of the 444sqm for $75.00sqm totalling $33,300.00 subject to

Council endorsement, a surveyed plan being completed by a qualified surveyor and all costs

associated with the sale, sub-division and amalgamation to be payable by the Applicant.

The City has since processed the Applicants request by contacting all service providers and seeking

internal feedback from the City’s Development Coordination Unit and the Executive Leadership

Team.


Compliance with Council Policy, Land Rationalisation and Acquisitions.


Compliance with Section 3.58 of the Local Government Act 1995. This includes public advertising of

fourteen (14) days inviting submissions from members of the public.

Officer Comments

Officers have discussed the disposal of this Property with all relevant staff to ensure the lands

current usage, statutory and strategic planning aspects and environmental impacts.

The Property is deemed as surplus to the City’s requirements and will rectify the compliance issue

of the encroaching outbuildings while generating a small income for the City.


The Property is to be disposed of at $75sqm with approximately 444sqm of land to be sold. The

income to the City is $33,300 ex. GST and all fees and charges associated with the disposal of the

land are payable by the Applicant.


Advertising in accordance with Section 3.58 of the Local Government Act 1995 will be conducted

pending Council’s endorsement of the disposal.

As part of the disposal process, all relevant service providers were contacted. Main Roads

requested further discussion with the City to discuss future upgrades to Boyanup-Picton Road and

any possible impact this disposal may have.

The City’s Manager Major Projects and Property and Team Leader Airport and Design met with a

Main Roads staff representative. In the meeting Main Roads identified they may be required to

purchase a portion of the Applicant’s land for future upgrades and they believed an increase to the

Applicant’s land holding may increase its value.

Main Roads did identify that the plans for future upgrades may not come to fruition for the next 10

– 20 years and will be completed in stages over that time.

The City’s Executive Leadership Team was notified of Main Roads position and with consideration it

was agreed that the City would continue with the sale of the Property to the Applicant.

19 January 2016


Page 37


As part of the process, a report was tabled with the City’s Development Coordination Unit and the

feedback from relevant departments is as follows:

Building

No known issues, constraints or limitations.

Planning

Request that the proposal be referred to the Department of Planning.

Engineering

No objection, however, note Main Roads WA (MRWA) future plans for road changes.

Health

No objection, on site wastewater treatment and disposal systems shall have setbacks to proposed

boundaries in accordance with the Health regulations.

Parks and Gardens

No objection.

Community Law and Safety

No objection.

Environmental

The subject site forms part of a proposed conservation area under EPA Bulletin 1282 and is zoned

as ‘Regional Open Space’ under the GBRS, the development does however, pre-date the bulletin

and zoning. Further conversation with the Team Leader Sustainability and Integrated Land Use

Planning, found that consultation with the Office of the EPA and Department of Planning would not

be required.





That Council agrees to dispose of a portion of Lot 150 Boyanup-Picton Road, Picton to the

adjoining property owners Daniel and Sherin Kalpakoff, subject to the terms and conditions

specified in this report and the following;

1) All costs associated with the sale, sub-division and amalgamation of the Property is to be

payable by the Applicant; and

2) Compliance with Section 3.58 of the Local Government Act 1995.

CARRIED


19 January 2016


Page 38

10.8 Proposed Lease Bunbury Airport, Lot 507 (DP74949) South Western Highway, Davenport on

Certificate of Title Volume LR3163 Folio 11. (was listed as item 10.2.3 of the Council Agenda

Applicant/Proponent: Southern Aviation Pty Ltd trading as Bunbury Flying School



Attachments: Appendix CEO-8: Hangar Sites Plan

Appendix CEO-9: Intramaps Plan Bunbury Airport

Summary

Southern Aviation Pty Ltd trading as Bunbury Flying School (the “Applicant”) has requested a Lease

over Bunbury Airport Hangar Sites 41 and 42. A location plan is attached at Appendix CEO-8.


Council agrees to grant a Lease to Southern Aviation Pty Ltd trading as Bunbury Flying School over

Bunbury Airport Hangar 41 and Hangar 42 at the Bunbury Airport located on Lot 507 (DP74949)

South Western Highway, Davenport for a term of five (5) years with a further option of five (5)

years subject to the terms and conditions, and the following:

1. The applicant to pay all costs associated with the lease application including document

preparation.

2. Advertising in accordance with the provisions of Section 3.58 of the Local Government Act

1995.

3. The Approval of the Minister for Lands.

Strategic Relevance



Background

Bunbury Airport Hangars 41 and 42 were previously leased to Winterlea Pty Ltd and All Summer Pty

Ltd with the Leases being terminated in November 2015. The previous Lessee had installed unsafe

hangars which were demolished on the 7th November 2015 by the City.

The Bunbury Airport is comprised within Reserve 27686, Lot 507 (DP74949) South Western

Highway, Davenport and is held by the City of Bunbury under Management order 3040/1963 Crown

Land Record Volume LR3163 Folio 11 for the purpose of “Airport” with the power to lease subject

to the consent of the Minister for Lands.

Pursuant to Section 18 of the Land Administration Act 1997, “in principle” approval is required from

the Office of the Minister for Lands subject for formal approval being granted on receipt of the

Lease document.

19 January 2016


Page 39

New Lease Details

Commencement: 15 February 2016

Term: Five (5) years with a further option of five (5) years

Expiry Date: 14 February 2021

Rental: $5.00m² per annum exclusive of GST

Area: Hangar Site 41 - 435m2

Hangar Site 42 - 435m2

Rent Review: Every Anniversary from the date of commencement,

determined by CPI and market rental every 3rd anniversary.

Outgoings: Responsibility of the Lessee.

Insurance: The Lessee to maintain Public Risk and General Insurance

Policies over the premises with Public Liability to be set at

$10(M).

Special Conditions: Lessee responsible for maintaining and upkeep of the

demised premises.

The applicant to pay all costs associated with the lease

application including document preparation.


Not Applicable.


Section 3.58 of the Local Government Act 1995.

Officer Comments

Hangar sites at the Bunbury Airport are eagerly sought after and for quite some time available

hangar space has been at a premium. There have been many requests for hangar space with most

applicants having to find alternative arrangements elsewhere and others joining a waiting list. The

majority of hangar leases are renewed every 5 to 10 years and rarely become available.


The lease rental calculated is based upon a report provided by the Valuer General following the

Valuer General’s extensive review of similar airports throughout Western Australia.




19 January 2016


Page 40


Council agrees to grant a Lease to Southern Aviation Pty Ltd trading as Bunbury Flying School

over Bunbury Airport Hangar 41 and Hangar 42 at the Bunbury Airport located on Lot 507

(DP74949) South Western Highway, Davenport for a term of five (5) years with a further option of

five (5) years subject to the terms and conditions, and the following:


preparation.


1995.

3. The Approval of the Minister for Lands.

CARRIED


19 January 2016


Page 41

10.9 Proposed Deed of Lease – Bunbury Chiropractic Clinic – Office Space South West Sports Centre on

Hay Park Reserve (was listed as item 10.2.6 of the Council Agenda)

Applicant/Proponent: Bunbury Chiropractic Clinic



Attachments: Nil.

Summary

An application has been received from Bunbury Chiropractic Clinic (“applicant”) seeking Council’s

consent to a new Lease over office space at the South West Sports Centre on Hay Park Reserve

30601.


Council grants a new Lease over office space at the South West Sports Centre on Hay Park Reserve

30601 for use as office space for a period of five (5) years with a further option of five (5) years,

subject to the terms and conditions as specified in the report, and the following:


preparation.


1995.

Strategic Relevance



Background

The Bunbury Chiropractic Clinic was established in 1978 with multiple chiropractors having worked

there. The business was sold in 1997 to Mr Damon Willmore who practiced at the Clinic from 1994.

The Applicant was granted a Lease over the office space at the South West Sports Centre on Hay

Park Reserve 30601 in 2013, the current Lease will expire on 17 February 2016.

Current Lease


Expiry: 17 February 2016

Further Term: None

Annual Rent: $15,600.00 plus GST and CPI annually. Market Rent Review every three

years.

Special Conditions: The Lessee is permitted to operate during normal business hours of the

South West Sports Centre. Access outside these times is not available.

Insurance: The Applicant to supply Certificates of Insurance for:

1) Plate glass, workers compensation, damage to stock and trade

fixtures and fittings.

2) Public Liability in the amount of $10,000,000.00.

19 January 2016


Page 42

Proposed New Lease


Expiry: 17 February 2021

Further Term: Five (5) years

Annual Rent: $16,373.45 plus GST and CPI annually. Market Rent Review every three

years.

Special Conditions: The Lessee is permitted to operate during normal business hours of the

South West Sports Centre. Access outside these times is not available.

Insurance: The Applicant to supply Certificates of Insurance for:

1) Plate glass, workers compensation, damage to stock and trade

fixtures and fittings.

2) Public Liability in the amount of $10,000,000.00.


Not Applicable.


Not Applicable.

Officer Comments

The Lease will be subject to the following conditions:

• The Applicant is not permitted to provide any service of a commercial or voluntary nature

that competes with programs or services that the South West Sports Centre provides.

• The South West Sports Centre is currently going through Master Planning to determine the

future expansion and provision of services into the medium and long term. It has not yet

been determined what affect that this may have on the demised premises leased by the

Applicant. In the event of any master planning stages carried out the City will as far as is

practicable minimise any disruption to the Applicant and wherever possible enable it to

continue operation in the current premise location.


Annual Rental income of $ 16,373.45 plus GST and subject to CPI annually.

In addition to rent there will be a cost of $150.00 per month inclusive of GST to cover power, water,

incidental rubbish removal and use of bathroom facilities for employees and clients. The Lessee is

not responsible for cleaning of the building apart from its two (2) leased areas.


To be advertised in accordance with the provisions of Section 3.58 of the Local Government Act

1995 for a period of 14 days in the South Western Times.

19 January 2016


Page 43


The City’s Development Coordination Unit have no objections to the proposal.





Council grants a new Lease over office space at the South West Sports Centre on Hay Park

Reserve 30601 for use as office space for a period of five (5) years with a further option of five (5)

years, subject to the terms and conditions as specified in the report, and the following:


preparation.


1995.

CARRIED


19 January 2016


Page 44

10.10 Schedule of Accounts Paid for the Period 1 November 2015 to 30 November 2015 (was listed as

item 10.2.7 of the Council Agenda)


Responsible Officer: David Ransom, Manager Finance


Attachments: Appendix CEO-13: Schedule of Accounts Paid

Summary

The City of Bunbury "Schedule of Accounts Paid" covering the period 1 November 2015 to 30

November 2015 has been issued to elected members under separate cover. The schedule

contains details of the following transactions:

1. Municipal Account – payments totalling $6,883,755.33

2. Advance Account – payments totalling $4,876,150.26

3. Trust Account – payments totalling $17,066.90

4. Visitor Information Centre Trust Account – payments totalling $16,990.09

5. Bunbury-Harvey Regional Council Municipal Account – payments

totalling $273,587.46

6. Bunbury-Harvey Regional Council Advance Account – payments totalling $166,257.44


The Schedule of Accounts Paid for the Period 1 November 2015 to 30 November 2015 be received.

Strategic Relevance


Objective 5.3: Ensure financial sustainability.





The Schedule of Accounts Paid for the Period 1 November 2015 to 30 November 2015 be received.

CARRIED


19 January 2016


Page 45

10.11 Management of Hay Park Multi-Sport Pavilion (was listed as item 10.3.1 of the Council Agenda)


Author: Garry Stokes, Manager Sport and Recreation

Executive: John Kowal, Acting Director Corporate and Community Services

Attachments: Appendix DCCS-1: Schedule A

Appendix DCCS-2: Schedule B

Summary

Council Decision 424/15 on 24 November 2015 required a report to Council with a recommended

management model for the Hay Park Multi-Sports Pavilion (the facility).

The South West Warriors Rugby League Club (SWWRLC) and South West Phoenix Football Club

(SWPFC) have been working together to establish a single identity to lease and manage the facility.

This is still progressing and will not be finalised prior to the completion of the facility.

SWWRLC and SWPFC have reached agreement to work with Council to establish a lease with the

SWWRLC in the first instance with the SWPFC sub-leasing the facility from the SWWRLC.

The abovementioned lease arrangements may be a temporary until such time as both clubs have

finalised their arrangements for the establishment of a single management entity for the facility

which is currently being undertaken. In order to progress management and liquor licensing

requirements in readiness for the completion of the building scheduled for February 2016 it is

considered necessary to progress the lease arrangements with the SWWRLC subject to Council

approval and relevant conditions being met.


That Council:

1. Enter into a 5 year lease with a further 5 year option for the Hay Park South Multi-Sports

Pavilion (the facility) with the SWWRLC.

2. Note that the SWWRLC will be responsible for all “Routine” and “Restorative” maintenance

as provided in Schedule A (as amended) of the lease document.

3. Note that the maintenance of the facility is to be reviewed on an annual basis by the City in

consultation with the SWWRLC and a list of annual maintenance items provided to the

SWWRLC. The SWWRLC to undertake the required annual maintenance to the standard as

required by Council.

4. Note that the maintenance of the Electrical, Fire, Hydraulic and Mechanical systems of the

facility to be arranged and funded by the City. (Schedule B)

5. Note that the lease is to be nominal value “peppercorn” (payable on demand)for years one

and two with a review to be undertaken after year two.

6. Note that the management, operation and maintenance together with lease payment for

the facility to be reviewed prior to year 3 of the lease.

7. Request a report be provided to Council at the end of the year 3 review to enable

consideration of the development of a new lease payment schedule.

8. Require a contribution of up to $12,500 to be provided for furniture and kitchen (utensils)

for the facility.

Background

19 January 2016


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Over the past two years, Council staff and Elected Members have been provided various options for

the management of the facility.

At the Ordinary Council Meeting held on 24 November 2015 Council decided (424/15):

“That Council:

1. Council note the outcomes of the due-diligence process to date and consider alternative

management options for the Hay Park Multi-Sports Pavilion following input from the two

proposed key user groups

2. A further report be provided to council at the 19 January 2016 Ordinary Meeting with a

recommended management model”.

Council officers held a meeting with club representatives on 4 December 2015 to further discuss

the management, development of the lease and follow up on outstanding information and items.

Stemming from the outcomes of the joint meeting of 4 December 2015, on 24 December 2015 (at

approximately 3:00pm) financial reports from South West Phoenix were received.

On the 15 December 2015 Acting Director Community and Customer services forwarded a copy of

the Summary of the Outcomes from the meeting on the 4 December. On the same day SWWRLC

responded stating they would fulfil maintenance as required from the third year onwards and did

not envisage having any responsibility for maintenance costs in the first two years.

The Acting Director Community and Customer Service advised SWWRLC that since the

commencement of negotiations regarding leasing of the facility which has included several

meetings, workshop and a myriad of correspondence, it has always been the City and Council intent

that whoever leased the facility would be required to contribute to the maintenance of the facility

and also contribute to the whole of life costs for the facility. It has also been of the understanding

of all involved that the maintenance of the mechanical, electrical, fire and hydraulic systems would

be arranged by the City and all associated costs would be borne by whoever leased the facility.

In relation to the establishment of a single entity to lease and manage the facility. Information was

requested at the last joint meeting as to the progress of the joint entity, however no further

information has been provided at the time of drafting this report. It is assumed that both clubs are

continuing to progress the establishment of the single entity to manage the facility. Staff will

continue to liaise with representatives of the SWWRLC and the SWPFC to track progress.


Council Policy: Asset Management is applicable to this item and the Policy Statement is as follows:

The purpose of this policy is to provide clear direction in the management of all City assets, including

land, buildings, parks and landscaping, natural environment and infrastructure assets to deliver best

value outcomes for the community.

Council Policy: Recreation Facilities is applicable to this item and the Policy Statement is as follows:

19 January 2016


Page 47

The Purpose of this policy is to enhance the quality of life for visitors and residents of Bunbury

through the provision of a diverse range of high quality and cost effective active and passive

recreational activities and/or facilities.

Council Policy: Lease and Licenses is applicable to this item and the Policy Statement is as follows:

The purpose of this policy is to ensure Lease and License rentals are determined in a fair, equitable

and transparent manner in accordance with the valuation provided by an independent market

rental evaluation and are assessed according to the City’s Rent Tier Matrix structure.


Not Applicable

Officer Comments

The facility is currently being constructed and due for completion in February 2016.

A number of council staff over the past 2 years have been working with the representatives from

the SWWRLC and the SWPFC to develop an appropriate management and/or lease plan for the

facility. The Director of Corporate and Community Services has met with the representative of

several times to progress negotiations with the last meeting held on 4 December 2015.

Detailed draft maintenance lists were provided to the SWWRLC and the SWPFC for them to

consider maintenance items that they could undertake. The last response received from the

representative from the SWWRLC indicated that they would take on all “Routine” and “Restorative”

maintenance requirements for the facility. This was contrary to the advice provided previously.

As a part of the negotiation it was determined that the Council would be responsible for arranging

the maintenance of the Electrical, Fire, Hydraulic and Mechanical systems with the Lessee being

financially responsible for the all associated costs. The maintenance of these systems would not

form part of the “Routine or “Restorative” maintenance as it is considered that the maintenance of

these systems are extremely important and Council are therefore best placed through current

contracts and qualified service providers to ensure the regular maintenance of these systems is

carried out to the required standards.

As mentioned previously in the report, the SWWRLC and the SWPFC have been working to establish

a joint incorporated body to lease and manage the facility, however it is our current understanding

that these arrangements are still yet to be finalised. Therefore, it has been agreed by all parties

that the initial lease will be with the SWWRLC.

Unless the process for the establishment of a single entity does not progress, it is anticipated that a

new lease will be negotiated with a new identity representing both SWWRLC and the SWPFC when

the process has been finalised.

Should Council choose to not support the negotiation of a lease as outlined in the report, the

following alternative wording is provided as below:

1. Council do not enter into a lease arrangement with the South West Warrior Rugby League

Club; and

19 January 2016


Page 48

2. Council advertise for an expression of interest for the management, operation and

maintenance of the facility noting that Council will be submitting an internal expression of

interest as part of this process.


The Council have previously agreed that a peppercorn lease will be provided for the leasing of the

facility for the first two (2) years of the lease. The SWWRLC and the SWPFC have previously

indicated that it is their preference that they not contribute towards the maintenance costs of the

facility for the first two (2) years of the lease and negotiate the facility maintenance costs during

year 3 of the lease. The reason provided for this is that it is considered by SWWRLC that they

would be better placed to negotiate the ongoing costs for the facility after 2 full years of operation

at the facility.

However, the annual maintenance costs are estimated to be $58,226 and it was proposed that

these costs were to be recovered through invoicing the Lessee. Should Council decide to allow the

abovementioned maintenance costs not to be borne by the Lessee for the suggested two (2) year

period, a source of funding would need to be found to support the maintenance costs.

Also, there are currently two projects PR-3394 and PR-3393 which relate to the furniture and

kitchen (utensils) fit-outs for the facility. Both these projects rely on a 50% contribution from the

SWWRLC and the SWPFC, totalling $12,500. Without these contributions, these fit-outs will not be

able to be completed.

As requested previously, Audited Financial Statements have been provided by the SWWRLC and the

SWPFC in support of their capacity to enter into a lease for the facility. These financial statements

are summarized below:

South West Phoenix (for the 11 months ending 30 November 2015)

Total Income $67,365

Less Total Expenditure $61,122

Net Profit $ 6,243

Total Assets $27,684

Less Total Liabilities $23,612

Net Assets $ 4,072

South West Warriors (for the 12 months ending 30 September 2014)

Total Income $113,883

Less Total Expenditure $ 99,687

Net Cash Movement $ 14,196

Closing Cash Balance 30 September 2014 $ 19,976

(Note: A request for financial information for the 14/15 financial year was also requested, but not

provided.)

Based on the financial information provided, it would appear that the combined financial capacity

of both clubs would not be able to currently meet the annual financial cost of maintaining the

leased premises.

19 January 2016


Page 49


There has been no Community Consultation regarding this matter. There have been several

meetings, workshops and considerable correspondence with the representatives from the

SWWRLC and the SWPFC. Council officers have held a meeting with the representatives of the

SWWRLC and the SWPFC and followed up with relevant information together with requests for

information to enable progression of Council Decision 424/15.

Clubs have been provided with draft maintenance schedules for the facility and have also been

provided a draft Lease Agreement for the facility.


Relevant staff and the Executive Leadership Team have been engaged and involved with the

majority of matters relating to the management and leasing of the facility.

Previously, the Mayor and Deputy Mayor attended the initial meeting with clubs on 18 September

2015 after letters had been sent to clubs by the Acting Chief Executive Officer. The Mayor and

Deputy Mayor have been kept informed as the matter as progressed with a report provided to

Council on 24 November 2015.





That Council:

1. Enter into a 5 year lease with a further 5 year option for the Hay Park South Multi-Sports

Pavilion (the facility) with the SWWRLC.

2. Note that the SWWRLC will be responsible for all “Routine” and “Restorative” maintenance

as provided in Schedule A (as amended) of the lease document.

3. Note that the maintenance of the facility is to be reviewed on an annual basis by the City in

consultation with the SWWRLC and a list of annual maintenance items provided to the

SWWRLC. The SWWRLC to undertake the required annual maintenance to the standard as

required by Council.

4. Note that the maintenance of the Electrical, Fire, Hydraulic and Mechanical systems of the

facility to be arranged and funded by the City. (Schedule B)

5. Note that the lease is to be nominal value “peppercorn” (payable on demand)for years one

and two with a review to be undertaken after year two.

6. Note that the management, operation and maintenance together with lease payment for the

facility to be reviewed prior to year 3 of the lease.

7. Request a report be provided to Council at the end of the year 3 review to enable

consideration of the development of a new lease payment schedule.

8. Require a contribution of up to $12,500 to be provided for furniture and kitchen (utensils) for

the facility.

CARRIED


19 January 2016


Page 50

10.12 South Joint Development Assessment Panel (JDAP) Application - Extension and redevelopment of

Bunbury Forum Shopping Centre (was listed as item 10.4.1 of the Council Agenda)

Applicant/Proponent: TPG Town Planning, Urban Design and Heritage Responsible Officer: Laura Sabitzer, Senior Planning Officer

Executive: Stephanie Addison-Brown, Acting Director Planning and Development

Services

Attachments: Appendix DPDRS-1: Council minutes extract - Council Decision 381/13

Appendix DPDRS-2: Responsible Authority Report (dated 4 January

2016)

Appendix DPDRS-3: CoB reply to DAP panel 13 January 2016

Summary

A Development Assessment Panel (DAP) application has been received for the proposed extension

and redevelopment of the Bunbury Forum Shopping Centre at Lot 63 Sandridge Road, Lots 68 - 70

70 Pennant Road and Lot 150 Strickland Street, East Bunbury.

In accordance with the DAP Regulations the application is determined by the Southern Joint

Development Assessment Panel (JDAP), rather than the Council of the City of Bunbury. The JDAP

meeting is to be held on Thursday 14 January 2016 at 10.30am, where this application will be

determined.

The City’s planning and engineering staff have assessed and prepared a report to JDAP,

recommending that the DAP application is approved, subject to conditions.

In accordance with Council Decision 381/13, the Responsible Authority Report is referred to Council

for noting.


Council notes the JDAP Responsible Authority Report (dated 4 January 2016) for the proposed

extension and redevelopment of Bunbury Forum Shopping Centre at Lots 63 Sandridge Road, Lots

68 - 70 Pennant Road and Lot 150 Strickland Street, East Bunbury.

Strategic Relevance

Key Priority Area 4: Regional Economy

Objective 4.3: Promote Bunbury as a place that supports commercial, residential and

social development.

Background

The City of Bunbury received this Development Assessment Panel (DAP) application in November

2015. The estimated development value of the proposal is $58 million (including GST) and due to

the development cost is a mandatory Development Assessment Panel application.

The proposed expansion to the existing shopping centre includes:

- the construction of new mini major stores – located to the west and south-west of the existing

shopping centre;

- new specialty stores and mall;

19 January 2016


Page 51

- new food court and alfresco area

- a two level undercover parking structure – located in south west portion of the site

- reconfiguration of the existing at grade car parking areas

In accordance with the Planning and Development (Development Assessment Panel) Regulations

2011, the application is to be determined by the DAP, which consists of three (3) specialist

members and two (2) local government councillors, rather than the Council of the City of Bunbury.

Previously, in late 2013, Council determined by way of Council Decision 381/13:

“That all papers prepared by staff relating to Development Applications destined for DAP

consideration (whether mandatory or voluntary) be provided to Council as an agenda

item for noting, concurrent with the lodgement being made to DAP.”

A copy of the Council minutes extract for Council Decision 381/13 is attached at Appendix DPDRS-1.

Therefore, the purpose of this agenda item is for Council to note the City’s officers assessment

report on the DAP application which was submitted to the Department of Planning on 4 January

2016. The assessment report, referred to by JDAP as the Responsible Authority Report is attached

at Appendix DPDRS-2.

Prior to this agenda item, memorandums have been circulated to Elected Members in November

2015 and December 2015 advising of the receipt of the DAP application and providing a draft copy

of the assessment report.

The DAP Guidelines (extracted from the document Development Assessment Panels: Training Notes

‘Making Good Planning Decisions’ - in accordance with Regulation 12(5)) state that:

“It should be noted that a DAP application report is NOT a resolution of the relevant local

government’s council – it is the professional opinion of the local government’s planning

officer who assessed the application. It is improper for Councillors of a local government

to influence the planning officer’s report in any way”.


Not applicable


Planning and Development (Development Assessment Panels) Regulations 2011

Officer Comments

This Agenda item is presented to Council for noting only, as per the intent of Council Decision

381/13.

The City of Bunbury’s staff have been in discussions with the proponents regarding the proposal

and their information submitted, and albeit that the information provided is preliminary in nature,

has finalised the planning assessment of the application.

The attached (Appendix DPDRS-2) assessment report has been prepared by the City of Bunbury’s

planning and engineering staff, with a recommendation to the JDAP for approval of the proposal

19 January 2016


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subject to conditions. The JDAP is required to have regard to the recommendation included in the

report, but is not bound by it.

It should be noted that there are a number of conditions recommended which require future

detailed design plans to be approved by the City of Bunbury prior to the construction or occupation

of the development commencing.

The assessment report was forwarded to the Department of Planning on Monday 4 January 2016,

prior to the determination of the DAP on Thursday 14 January 2016 at 10.30am in the City of

Bunbury Council Chambers.


Not applicable


Not applicable


Prior to this agenda item, memorandums have been circulated to Elected Members in November

2015 and December 2015 advising of the receipt of the DAP application and providing a draft copy

of the assessment report.

This item serves to enable Council to formally note the lodgement of the JDAP application.

Two (2) Elected Members currently sit on the JDAP panel (Cr Cook and Cr McCleary).





Council notes the JDAP Responsible Authority Report (dated 4 January 2016) for the proposed

extension and redevelopment of Bunbury Forum Shopping Centre at Lots 63 Sandridge Road, Lots

68 - 70 Pennant Road and Lot 150 Strickland Street, East Bunbury.

CARRIED


19 January 2016


Page 53

10.13 Application for Development Approval - Home Business - Fish Freezing and Fish Processing at Lot

30 (#29) King Road, East Bunbury(was listed as item 10.4.3 of the Council Agenda)

Applicant/Proponent: Emmanuel Sofilas

Responsible Officer: Laura Sabitzer, Senior Planning Officer

Executive: Stephanie Addison-Brown, Acting Director Planning, Development and

Regulatory Services

Attachments: Appendix DPDRS-8: Location Plan

Appendix DPDRS-9: Site Plan

Appendix DPDRS-10: Photographs

Appendix DPDRS-11: Applicants Supporting Information

Appendix DPDRS-12: Schedule of Submissions

Appendix DPDRS-13: List of Support

Summary

This application for development approval for a ‘home business’ use is seeking to incorporate the

activity of fish processing into an existing ‘home occupation’ use for bait fish freezing, carried out at

Lot 30 (street number 29) King Road, East Bunbury.

In 1991, a conditional home occupation licence was issued for a fish freezing business at the subject

address. The business is currently operating outside the conditions of the 1991 home occupation

license, specifically that the business occupies an area greater than 20 square metres and has

outdoor storage of materials or supplies. Furthermore, minor fish processing at the site has

occurred, when the previous home occupation license was only valid for the activity of fish

freezing.

This application has been publicly advertised, and a total of 32 submissions being received, of

which seventeen (17) comments were of support, fourteen (14) were objections and one (1)

comment was from a service authority.

Assessment of the application against the planning framework has identified the following matters

of non-compliances:

- the home business occupies an area greater than 50 square metres;

- the activity is not consistent or compatible with the existing residential amenity of the

locality; and

- does not represent orderly and proper planning.

Therefore, it is recommended that Council refuses this application for development approval for

the reasons outlined in the executive recommendation below.


That Council resolves to:

1. Refuse the application for development approval for a ‘home business’ use (fish freezing and

fish processing) at Lot 30 (#29) King Road, East Bunbury, in accordance with the City of

Bunbury Town Planning Scheme No. 7 (TPS7), for the following reasons:

19 January 2016


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1.1 The proposal does not conform to the Scheme definition of a ‘home business’ use.

1.2 The proposal does not meet the objectives (a), (b) and (d) of Local Planning Policy:

Home Based Businesses & Family Day Care.

1.3 The proposal does not satisfy the deemed-to-comply provisions or performance

criteria of clause 9.3 of Local Planning Policy: Home Based Businesses & Family Day

Care in relation to the size of home based business area.

1.4 The proposal is contrary to item (m) of deemed clause 67 in Schedule 2 of the

Planning and Development (Local Planning Schemes) Regulations 2015 (as

amended), as the home business is not compatible to its residential setting.

2. Issue a Directions Notice under section 214 of the Planning and Development Act 2005,

which requires the following actions to be undertaken within 90 days from the date the

Directions Notice is served, requiring the operator of the ‘home occupation’ to:

(a) cease all fish processing activities;

(b) contain all fish freezing activities to an area that does not occupy greater than 20

square metres; and

(c) ensure that any outdoor storage of materials or supplies does not cause injury to or

adversely affect the amenity of the neighbourhood.

3. Advise the applicant, landowner and submitters of Council’s decision.

Background

A summary table of details relating to the subject site is as follows:

Property Address: Lot 30 (#29) King Road, East Bunbury

Zoning: Residential Zone (R20/R30)

Existing Land Use: Single House

Lot Area: 1,012m²

The subject site is located on King Road in East Bunbury and is 1,012m² in area. The subject lot and

surrounding land is included in the ‘Residential Zone’ with a residential density coding of ‘R20/30’.

The site contains a residential dwelling and an outbuilding located at the rear. The site is accessible

from King Road and by Perkins Avenue via the rear laneway of Hough Road.

The activities of fish freezing and processing occur in the rear outbuilding. The storage of boats and

other fishing equipment is stored in an ad-hoc manner in the outside areas to the front and rear of

the existing dwelling.

A location plan showing the subject site and its surrounds is attached at Appendix DPDRS-8.

A site plan and photographs of the property are attached at Appendices DPDRS-9 and DPDRS-10.

19 January 2016


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The purpose of this application for development approval is to formalise expansion of the activity

to that of a ‘home business’ with the addition of fish processing to the previously approved ‘home

occupation’ activity of fish freezing.

The applicant describes the fish processing activity, which is mainly processing fish for bait, as:

“My fish packing process ... is to return from fishing daily with fish that are in ice slurry.

From there [the fish] are packed into cartons, or left in the ice slurry containers, and then

taken to [transport company] for delivery to agent.”

Supporting information provided by the applicant is attached at Appendix DPDRS-11.

In 1991, a conditional home occupation licence was issued for a fish freezing business at the subject

address.

The business is currently operating outside the conditions of the 1991 home occupation license.

Specifically, the business occupies an area greater than 20 square metres and has outdoor storage

of materials or supplies. Furthermore, minor fish processing at the site has occurred, when the

previous home occupation license was only valid for the activity of fish freezing.

City of Bunbury records show complaints regarding this business dating back to 1991, 1996, 2008,

2009 and 2014. Complaints made were in relation to the activity, noise from the freezer, odour and

truck loading/unloading. Details of the complaints can be provided upon request.

City of Bunbury staff have met with the owner since early 2015, both at Council’s administrative

offices and during inspections of the subject site, at which time the owner has been advised that

the business does not currently operate in accordance with the Scheme’s definition of a ‘home

occupation’ or a ‘home business’. It has been recommended to the owner that they consider

operating the business in a more appropriate zone (e.g. Industry Zone); however, the owner has

advised that at this point in time it was not feasible due to financial reasons.

The owner is seeking development approval for a ‘home business’, in order to make an application

to the Department of Fisheries for an appropriate commercial fishing license. Without valid

development approval from the City of Bunbury, the Department of Fisheries cannot issue a

commercial fishing license for the address.

Legislative and Council Policy Compliance

The following statutory planning instruments of the State Planning Framework and Local Planning

Framework are applicable to the assessment of this application for development approval:

- Planning and Development Act 2005;

- Planning and Development (Local Planning Schemes) Regulations 2015 (as amended);

- City of Bunbury Town Planning Scheme No. 7 (TPS7);

- Environmental Protection (Noise) Regulations 1997; and

- Local Planning Policy: Home Based Businesses & Family Day Care.

Officer Comments

19 January 2016


Page 56

The subject site is situated in the ‘Residential Zone’, which under the Zoning Table of the Scheme, a

‘home business’ is an ‘A’ use and is not permitted unless the local government has exercised its

discretion, and determines the application after public consultation has occurred.

A ‘home business’ is defined in Schedule 1 of the Scheme as:

“means a business, service or profession carried out in a dwelling or on land

around the dwelling which –

(a) does not employ more than 2 people not members of the occupier’s

household;

(b) will not cause injury to or adversely affect the amenity of the

neighbourhood;

(c) does not occupy an area greater than 50 square metres;

(d) does not involve the retail sale, display or hire of goods of any nature;

(e) in relation to vehicles and parking, does not result in traffic difficulties as

a result of the inadequacy of parking or an increase in traffic volumes in

the neighbourhood, and does not involve the presence, use or calling of a

vehicles more than 3.5 tonnes tare weight; and

(f) does not involve the use of an essential service of greater capacity than

normally required in the zone.”

A summary assessment of the proposal against the above requirement is as follows:

Scheme Requirements Proposed

Does not employ more than 2 people

not members of the occupier’s

household.

The applicant has advised that employees are family

members and occasionally, during peak periods, a

maximum of two others are hired to assist in processing

the fish.

Will not cause injury to or adversely

affect the amenity of the

neighbourhood.

There have previously been recorded complaints of

noise, odour and truck loading/unloading at the site.

Previous inspections of the site by City of Bunbury staff

have not detected odour from the premises, and albeit

that the freezer motor is audible; the noise level

generated is in accordance with the Noise Regulations.

However, it is considered that a business operating at this

scale is not in character or consistent with a residential

level amenity.

Does not occupy an area greater than

50 square metres.

The business currently occupies an area greater than 50

square metres. The area of the outbuilding at the rear is

107.3 square metres. Additionally, outside areas are

currently used for the storage of boats and fishing

equipment.

Does not involve the retail sale,

display or hire of goods of any nature.

The applicant has confirmed that there will be no retail

sales at the address, as the fish are taken by a transport

19 January 2016


Page 57

company for delivery to an agent.

In relation to vehicles and parking,

does not result in traffic difficulties as

a result of the inadequacy of parking

or an increase in traffic volumes in the

neighbourhood, and does not involve

the presence, use or calling of vehicles

more than 3.5 tonnes tare weight.

The business has sufficient parking for vehicles and boat,

and has vehicle access to the front and rear of the lot.

The business may potentially cause a minor increase in

traffic volumes in the neighbourhood, but at this stage

details on the size of delivery trucks to the address is not

known.

Does not involve the use of an

essential service of greater capacity

than normally required in the zone.

The City of Bunbury has not received advice from any

utility providers that the subject premises uses services

(i.e. water or electricity) at a greater amount than

normally required by a dwelling.

Both the Scheme and Local Planning Policy: Home Based Businesses & Family Day Care requires

that a ‘home businesses’ is not to occupy an area greater than 50 square metres. In this case, the

business does not presently comply with this requirement, as the area of the outbuilding where the

fish freezing and processing occurs measures 107.3 square metres, not including outside areas used

for the storage of boats and fishing equipment.

It is considered that the current scale of the business activity does not represent a home based

business by definition, and is operating at a scale that could be deemed to be a separate distinct

land use. This is contrary to an objective of Local Planning Policy: Home Based Businesses & Family

Day Care which states that:

“(d) Home based business activities operate as an incidental use to an existing or

approved residential use on the same lot/development site”.

As such, the business activity as a distinct land use, rather than incidental use, would not be

permitted in the ‘Residential Zone’.

Furthermore, the nature of the business activity is not entirely compatible within its residential

setting and may be contrary to the matters to be considered by a local government under the

Scheme and Local Planning Policy objective (b), which states that:

“(b) Home based business activities should not impact the residential character and

amenity, particularly in terms of noise and odour emissions”.

Although inspections of the property by City of Bunbury staff have not substantiated odour

complaints or a breach of the Noise Regulations, the scale of the business and the activity of fish

processing is not considered appropriate in this established, medium density residential setting.

The closest residential property is located approximately 2.5m from the outbuilding where the

home business occurs.

The storage of multiple boats and other fishing equipment in the front setback area of the dwelling

has some appreciable visual impacts upon streetscape amenity. Local Planning Policy: Home Based

Businesses & Family Day Care at objective (a) states:

“(a) Development and use of premises should not conflict with or detract from the

quality of the streetscape environment within a local area.”

19 January 2016


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As discussed above, the application does not meet the objectives of Local Planning Policy: Home

Based Businesses & Family Day Care and exceeds the maximum floor area of a ‘home business’ use

as specified in the Scheme and the Local Planning Policy. Therefore, it is recommended that this

application for development approval is refused.


This application for development approval relates to private property, and therefore, the effect of

the recommendation has no direct budgetary or financial implications for the City of Bunbury.

If the applicant is aggrieved by Council’s decision they may apply for a review of the decision

through SAT. If the decision is forwarded to SAT for appeal, the City of Bunbury may incur legal

costs.

The City will incur general enforcement costs through issuing a section 214 Directions Notice under

the Planning and Development Act 2005, which is recommended at point 2 of the executive

recommendation.


The application for development approval was advertised for public comment from

10 November 2015 to 24 November 2015. Public consultation measures included the following:

- letter sent to surrounding landowners;

- public notification signs erected onsite;

- public notice of proposal published in a locally circulated newspaper (two consecutive

editions);

- public notice of proposal posted on the City of Bunbury’s website; and

- copies of plans and supporting information made available at the City of Bunbury’s

customer service centre.

In total, 32 submissions were received, of which seventeen (17) comments were of support,

fourteen (14) were objections and one (1) comment of advice was received from the Water

Corporation.

Refer to the Schedule of Submissions attached at Appendix DPDRS-12.

The applicant, prior to submitting this application for development approval, has obtained a signed

contact list of support from surrounding residents, which contains seventeen (17) names and is

attached at Appendix DPDRS-13.


The application for development approval has been referred to the City of Bunbury’s Development

Coordination Unit (DCU) for professional advice and technical assessment prior to the finalisation

of this report.

The City of Bunbury’s Environmental Health department advises that it does not support this

application for development approval. The reasons for this is due to its close proximity to other

19 January 2016


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residential properties and resulting inherent noise and odour characteristics associated with this

type of activity.

Furthermore, the City of Bunbury has a history of recorded complaints made in regards to noise

and odour impact from this address. Complaints regarding this business were received in 1991,

1996, 2008, 2009 and 2014. Details of the complaints can be provided upon request.

Delegation of Authority

This application for development approval has been referred to Council for its determination, as

submissions objecting to the proposal were received during the public consultation process and

therefore, cannot be determined under delegation.

Relevant Precedents

- An application for development approval for a home business (involving fish freezing and fish

processing) at Lot 32 (#32) Jubilee Road, Glen Iris, was conditionally approved by Council at

its meeting on 25 August 2015.

- Whilst the home business is similar in the activities of fish freezing and processing, the

differences between #32 Jubilee Road, Glen Iris, and this application at #29 King Road, East

Bunbury, include:

- #32 Jubilee Road is over 2ha in area, and there is a buffer distance between the home

business and the nearest adjoining residential dwelling;

- the operation at #32 Jubilee Road is wholly contained (including the storage of

equipment) within an outbuilding, with the floor area dedicated to the home business

limited to 50 square metres; and

- there are no recorded complaints of the home business at #32 Jubilee Road, and the

annual renewal of license has been submitted and granted.





That Council resolves to:

1. Refuse the application for development approval for a ‘home business’ use (fish freezing and

fish processing) at Lot 30 (#29) King Road, East Bunbury, in accordance with the City of

Bunbury Town Planning Scheme No. 7 (TPS7), for the following reasons:

1.1 The proposal does not conform to the Scheme definition of a ‘home business’ use.

1.2 The proposal does not meet the objectives (a), (b) and (d) of Local Planning Policy:

Home Based Businesses & Family Day Care.

1.3 The proposal does not satisfy the deemed-to-comply provisions or performance

criteria of clause 9.3 of Local Planning Policy: Home Based Businesses & Family

Day Care in relation to the size of home based business area.

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1.4 The proposal is contrary to item (m) of deemed clause 67 in Schedule 2 of the

Planning and Development (Local Planning Schemes) Regulations 2015 (as

amended), as the home business is not compatible to its residential setting.

2. Issue a Directions Notice under section 214 of the Planning and Development Act 2005,

which requires the following actions to be undertaken within 90 days from the date the

Directions Notice is served, requiring the operator of the ‘home occupation’ to:

(a) cease all fish processing activities;

(b) contain all fish freezing activities to an area that does not occupy greater than 20 square

metres; and

(c) ensure that any outdoor storage of materials or supplies does not cause injury to or

adversely affect the amenity of the neighbourhood.


CARRIED


19 January 2016


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10.14 Waste Local Law 2016 (was listed as item 10.5.1 of the Council Agenda)


Responsible Officer: Aileen Clemens, Acting Manager Waste Services

Greg Golinski, Manager Governance

Executive: Gavin Harris, Director Works and Services

Attachments: Appendix DWS-1: Proposed Waste Local Law 2016

Summary

The purpose of this report is for Council to consider initiating the process to create a new Local Law

relating to Waste Services.

Should Council support the Executive Recommendation, a statutory public consultation period of

42 days applies (minimum), following which the draft document, along with any submissions

received, will need to come back to Council for final approval.


That Council agrees to give public notice of its intention to make the City of Bunbury Waste Local

Law 2016, in accordance with section 3.12 of the Local Government Act 1995.

Strategic Relevance

Key Priority Area 3: Natural and Built Environment

Objective 3.5: Deliver sustainable waste management services

Background

The WA Local Government Association (WALGA) has provided advice that the WALGA Waste Local

Law template has been vetted by the Joint Standing Committee on Delegated Legislation, and is

now available for use by local governments.

The City of Bunbury currently uses the refuse provisions of the City’s Health Local Law to regulate

its waste services, as per the transition arrangements in the Waste Avoidance and Resource

Recovery Act 2007 (WARR Act 2007).


N/A


The proposed City of Bunbury Waste Local Law 2016 is based on the template local law developed

by WALGA under section 64 of the WARR Act 2007.

Section 3.12 of the Local Government Act 1995 outlines the process for the creation of a new local

law and is applicable.

Officer Comments

19 January 2016


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The purpose of the draft local law is to provide for the regulation, control and management of

activities and issues relating to waste collection, recycling, organics, reuse and disposal within the

district of the City of Bunbury.

The effect of the draft local law is to control activities and manage influences of waste collection,

recycling, organics, reuse and disposal within the district of the City of Bunbury.

The proposed City of Bunbury Waste Local Law 2016 is based on the WALGA Waste Local Law

template, which was developed in consultation with:

• The Joint Standing Committee on Delegated Legislation;

• Solicitors;

• Waste Authority; and

• The Department of Local Government and Communities.

The proposed local law provides a framework for the City to manage its waste collection and

disposal services to benefit community health and the environment.

Due to the number of inconsistencies between the Health Local Law that was developed prior to

the promulgation and adoption of the WARR Act 2007, it is recommended that Council adopt the

proposed new City of Bunbury Waste Local Law as presented at Appendix DWS-1.


An appropriate budget line exists to cover the costs of giving public notice and advertising.


The proposed City of Bunbury Waste Local Law 2016 has been supported by the Executive

Leadership Team, and the City’s Manager Waste Services and Manager Environmental Health have

also been consulted in this regard.

Should Council support the proposal to make this local law as per the Executive Recommendation,

the draft document, along with any submissions received, will need to come back to Council for

final approval at the conclusion of the statutory consultation period.





That Council agrees to give public notice of its intention to make the City of Bunbury Waste Local

Law 2016, in accordance with section 3.12 of the Local Government Act 1995.

CARRIED


19 January 2016


Page 63

10.15 Addition to Street Name List (was listed as item 10.5.3 of the Council Agenda)


Responsible Officer: Beth Kozyrski, Engineering Technical Officer

Executive: Gavin Harris, Director Works and Services

Attachments: Nil.

Summary

On 3 November 2015, a request was received from Mr Brian Meade to have his family name

“Meade” included on the City of Bunbury register for street names.


That Council:

1. Endorses the name “Meade” to be included on the register of street names;

2. Requests the Chief Executive Officer undertake the necessary arrangements with the

Geographic Names Committee to have the name “Meade” included on the register of street

names.

Strategic Relevance



Background

The Geographic Names Committee (GNC) determines the criteria for appropriate street names and

has the ultimate authority in terms of approving (or otherwise) street names. However, before any

street name can be lodged for approval with the GNC, local government endorsement is required.


This proposal complies with Council Policy: Naming of Roads, Reserve, Bridges and Other Places.


Not applicable

Officer Comments

The requested road name has been evaluated against the Principles, Guidelines and Procedures

criteria produced by the GNC, and is considered acceptable.

The name “Meade”

The late Mr George Meade took up residence in Bunbury in 1898. He purchased 2.02 hectares in

Newton Road Glen Iris built a home and lived there with his family until 1930. His son, Cyril took

over the house and lived there with his wife until 1951. Descendants of the Meade family have

lived in Glen Iris continuously for 118 years.

19 January 2016


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This proposal will not have any financial or budgetary implications on Council.


Not required


Not required





That Council:

1. Endorses the name “Meade” to be included on the register of street names;

2. Requests the Chief Executive Officer undertake the necessary arrangements with the

Geographic Names Committee to have the name “Meade” included on the register of street

names.

CARRIED


19 January 2016


Page 65

10.16 Bunbury Regional Entertainment Centre – Endorsement of New Board of Management Member

(was listed as item 10.2.4 of the Council Agenda)

Applicant/Proponent: Bunbury Regional Entertainment Centre

Responsible Officer: Andrew Brien, Chief Executive Officer


Attachments: Appendix CEO-10: Request from BREC Board of Management for

endorsement

Summary

Under the provisions of the existing Deed of Management between the City and Bunbury Regional

Theatre Inc, it is a requirement that the City approve/endorse the appointees to the governing

Board of Management.


The City of Bunbury endorses the recommendation of the Bunbury Regional Entertainment Centre

Board selection panel in appointing Ms Jane Jury to the Board for a two year term.

Strategic Relevance

Key Priority Area 1: Community and Culture

Objective 1.5: Celebrate and recognise the richness of our arts, culture and heritage

Background

Correspondence was received on 22 December 2015 requesting Council endorsement of the

appointment of Ms Jane Jury to the BREC Board of Management for a period of two (2) years. A

copy of this correspondence is attached at Appendix CEO-10.

A selection panel consisting of Mr Don Punch, Mr Simon Jacobs and Ms Robyn McCarron met on 14

December 2015. Interviews of two (2) applicants were conducted with the preferred candidate

being Ms Jane Jury.


Not applicable.


Not applicable.

Officer Comments

In endorsing this recommendation the City has fulfilled it’s obligation under the terms of the

current Deed of Management.


19 January 2016


Page 66

There are no known financial or budget implications associated with this recommendation.


This report serves to bring this matter to the attention of Elected Members.


Cr McGuinness declared a financial interest in the item and left the chamber at 5:36pm

The recommendation (as printed) was moved Cr Kelly, seconded Cr Warnock.


matter.


The City of Bunbury endorses the recommendation of the Bunbury Regional Entertainment Centre

Board selection panel in appointing Ms Jane Jury to the Board for a two year term.

CARRIED


Cr McGuinness returned to the chamber at 5:37pm

19 January 2016


Page 67

10.17 Rules of Conduct Review (was listed as item 10.2.5 of the Council Agenda)


Responsible Officer: Greg Golinski, Manager Governance


Attachments: Appendix CEO-11: Local Government (Rules of Conduct)

Regulations 2007

Appendix CEO-12: Discussion Paper

Summary

The purpose of this report is for Council to consider its position relating to a number of proposals

by the Department of Local Government and Communities to amend the Local Government (Rules

of Conduct) Regulations 2007.

This matter will be discussed at the next South West Country Zone meeting of WALGA and it is

considered appropriate for Council to have an agreed position on each of the proposals to guide its

Zone delegates.


That Council adopt the following positions in relation to the proposed changes to the Local

Government (Rules of Conduct) Regulations 2007:

Proposed

Amendment

Council

Position

Alternative if Position not

supported

Regulation 3 – General

principles of behaviour

1 Support N/A

2 Support N/A

3 Support N/A

Regulation 4 –

Contravention of certain

local laws

1 Support N/A

2 Support N/A

Regulation 6 –

Unauthorised disclosure of

information

1 Support N/A

2 Support N/A

3 Support N/A

4 Support N/A

Regulation 7 – Securing

personal advantage or

disadvantaging others

1 Support N/A

2 Support N/A

3(a) Support N/A

3(b) Support N/A

3(c) Support N/A

3(d)(i) Support N/A

3(d)(ii) Support N/A

Regulation 8 – Misuse of

local government

1 Support N/A

2 Support N/A

19 January 2016


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resources 3 Support N/A

Regulation 9 – Prohibition

against involvement in

administration

1 Support N/A

2 Support N/A

3 Support N/A

4 Support N/A

Regulation 10 – Relations

with local government

employees

1(a) Support N/A

1(b) Support N/A

1(c) Support N/A

1(d) Support N/A

1(e) Support N/A

1(f) Support N/A

2 Support N/A

3(a) Support N/A

3(b) Support N/A

3(c) Support N/A

3(d) Support N/A

3(e) Support N/A

4 Support N/A

Proposed new regulation –

Public statements

1 Not Support It’s suggested that no new

regulation is necessary. 2 Not Support

Proposed new regulation –

Interactions with Council

members

1 Support N/A

2 Support N/A

3(a) Support N/A

3(b) Support N/A

4(a) Support N/A

4(b) Support N/A

5 Support N/A

6 Support N/A

Regulation 11 – Disclosure

of interest

1 Support N/A

2 Support N/A

3 Support N/A

4 Not Support

It’s suggested that no new

sub-regulation is necessary.

5 Not Support

6(a) Not Support

6(b) Not Support

6(c) Not Support

6(d) Not Support

19 January 2016


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Regulation 12 - Gifts

1(a) Support N/A

1(b) Support N/A

1(c) Support N/A

1(d) Support N/A

1(e) Support N/A

1(f) Support N/A

1(g) Support N/A

1(h) Support N/A

2 Support N/A

3 Support N/A

4 Support N/A

5 Support N/A

6 Support N/A

7 Support N/A

Strategic Relevance


Objective 5.2: Maintain a high standard of corporate governance and improve access to

information.

Background

The Department of Local Government and Communities (the Department) has recently advised that

it is in the process of reviewing the Local Government (Rules of Conduct) Regulations 2007 (the

Rules of Conduct) and the minor breach disciplinary framework.

This review is regarded as an important step in updating and improving the official conduct rules

relating to Elected Members. There have been no amendments to the Rules of Conduct since their

inception in 2007.

This matter will be discussed at the next South West Country Zone meeting, and it is appropriate

for Council delegates on this body to be guided by Council’s position in relation to each of the

proposed amendments.


N/A


The report relates to a review of the Local Government (Rules of Conduct) Regulations 2007.

Officer Comments

19 January 2016


Page 70

The Department and WALGA have requested that local governments consider whether the current

Rules of Conduct appropriately express contemporary official conduct standards and whether the

operations of the Local Government Standards Panel (the Panel) can be enhanced to deliver

efficient, timely and reliable outcomes, including alternative dispute resolution strategies, when

minor breach complaints are made.

As part of the review, the Department has proposed a number of amendments to the Rules of

Conduct, which are summarised below. A Discussion Paper is attached at Appendix CEO-12 and

provides extensive commentary relating to each proposed amendment. For reference, the Rules of

Conduct are also attached at Appendix CEO-11.

The general thrust of each of the proposed amendments is to clarify many of the Rules of Conduct,

which in the majority of cases are considered to be very broad and open to interpretation.

Accordingly, it is recommended that each of the proposed amendments be supported, with

exceptions as outlined below:

Summary of Proposed Amendments

Regulation 3 – General principles of behaviour

1. Amend Regulation 3 by specifically linking the principles to the concept of “proper use of

office”.

2. Add a principle: “act in accordance with Council policies, codes and resolutions”.

3. Add a new sub-regulation requiring the principles to be used to inform the preparation of a

code of conduct prepared under section 5.103(1) of the Act.

Recommend: Support

Regulation 4 – Contravention of certain local laws

1. Insert new Rules of Conduct to cover persistent, inappropriate, Council and committee

meeting conduct with significantly dysfunctional potential consequences such as

disparagement and disruption.

2. Delete regulation 4 which effectively duplicates local laws and potentially reduces the

incentive to make effective use of local laws relating to meeting conduct.

Recommend: Support

Regulation 6 – Unauthorised disclosure of information

1. Include “parts of documents” in the definition of confidential document in sub-regulation

6(1).

2. Amend sub-regulation 6(2) to include personal information acquired in the person’s

capacity as a Council member, with the definition of personal information consistent with

that used in existing Australian legislation.

3. Amend sub-regulation 6(2) to include professional legal advice, information that is subject

to a confidentiality or non-disclosure agreement to which the local government is a party,

and commercially sensitive information provided in confidence to the local government.

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4. Amend sub-regulation 6(3) to add a provision that allows personal information to be

disclosed to the extent permitted by the informed consent of the person to whom the

information relates, or a person nominated by them, or their legal guardian.

Recommend: Support

Regulation 7 – Securing personal advantage or disadvantaging others

1. Amend regulation 7 to clearly define “improper use of office” in the context of the

interpretation currently used by the State Administrative Tribunal (SAT) and the Panel, with

reference to the local government’s code of conduct and Regulation 3, Principles of

behaviour.

2. Amend sub-regulation 7(1) to clarify that it applies only when the action is taken with the

primary intent and belief that it will result in gaining an advantage or causing detriment.

3. In addition to the current exemptions, specify that sub-regulation 7(1) does not apply to:

a) advantage or detriment that is trivial, negligible or hypothetical; or

b) conduct of Council members at Council or committee meetings; or

c) a matter to which another Rule of Conduct in the Regulations applies; or

d) a remark, comment, statement or implication if:

i. it was clearly expressed as the Council member’s personal opinion rather

than as a statement of fact, and that opinion was based on factual material

and related to a matter of public interest; or

ii. the circumstances were such that no harm attributable to the conduct was

likely to be sustained.

Recommend: Support

Regulation 8 – Misuse of local government resources

1. Define the term “resource” in Regulation 8 to cover tangible and intangible assets, services

and other means of supporting the functions of the local government, and that are owned

or paid for by the local government from public money, but excluding intangible concepts

without monetary value (such as an address or title).

2. Define the term “use” to include both consumption and deriving a benefit not associated

with consumption, including misrepresenting local government support for the purpose.

3. Clarify the term “any other purpose” in sub-regulation 8(2)(b) to refer to any purpose other

than fulfilling the legal obligations and duties of the Council member’s office.

Recommend: Support

Regulation 9 – Prohibition against involvement in administration

1. Define “administration” in Regulation 9 to mean the functions of the CEO as described in

section 5.41 of the Act, CEO delegations under section 5.42 of the Act, the executive

19 January 2016


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functions of local government as described in Part 3 Division 3 of the Act, and other

functions specifically reserved to the CEO under the Act or any other written law.

2. Define “task” to exclude the transmittal of non-confidential information provided by the

CEO, and to exclude the expression of an opinion, comment, objective or intent.

3. Extend the exemption in sub-regulation 9(2) to apply to tasks related to the legislated and

undelegated functions of the Council, in addition to tasks done as part of deliberations at a

Council or committee meeting.

4. Develop and publish an advisory standard to assist Council members in determining the

boundaries of their roles and the level of reporting that they may expect

Recommend: Support

Regulation 10 – Relations with local government employees

1. Amend sub-regulation 10(1) by:

a) In sub-regulation 10(1)(a), replacing “to do or not to do anything” with a reference

to taking action related to local government functions such as enforcement of local

laws, implementation of approved policies and procedures, or varying of decisions,

priorities or resource allocation.

b) Providing for the CEO to authorise a limited exemption to sub-regulation 10(1)(a),

at the CEO’s discretion, for individual Council members for specified operational

purposes.

c) Adding a prohibition against behaving in an abusive or threatening manner towards

any local government employee, including the CEO (the exemption for meetings is

not to apply to this rule).

d) Adding a prohibition against making repeated or unreasonable demands for

information or assistance from a local government employee to an extent that

impairs the employee’s capacity to complete their designated work responsibilities.

e) Adding a prohibition against attempting to influence the performance appraisal or

dismissal of a CEO other than through an authorised process consistent with legal

requirements and procedural fairness.

f) Adding a prohibition against personally chastising or reprimanding any local

government employee for matters related to the administration of the local

government.

2. For the purposes of sub-regulation 10(2) and other regulations where the term is used,

“Council or committee meeting” should be defined as a formally constituted meeting of the

Council or a committee established under section 5.8 of the Act. Informal meetings such as

site meetings or information forums would not be included in the exemption.

3. Amend sub-regulation 10(3) by:

a) Replacing the condition “members of the public are present” with a condition

specifying that the sub-regulation applies if any person other than Council

members and the CEO is present, or if the meeting or event is being broadcast, or if

19 January 2016


Page 73

an audio or video record is being made of the meeting or event and that record will

be publicly available.

b) Clarifying that the term “attending” covers the periods immediately before and

after the meeting or event and during any period in which proceedings are

suspended.

c) In sub-regulations 10(3)(a) and 10(3)(b), extending the protection to former local

government employees for a period of 6 months after separation from the local

government.

d) In sub-regulation 10(3)(a), replacing the current reference to “statement…is

incompetent or dishonest” with a reference to disparaging or impugning the

character of a local government employee or former local government employee.

This to be defined as stating or implying deficiency in the person’s honesty,

integrity, competence, diligence, impartiality or loyalty; or imputing dishonest or

unethical motives to them in the performance of their duties.

e) In sub-regulation 10(3)(b), replacing the term “offensive or objectionable

expression” with “abusive or offensive language”, defined as inflammatory words

likely to incite ridicule or contempt and which would offend a reasonable adult

applying contemporary community standards.

4. In sub-regulation 10(4), extend the exemption to statements made to an authority

responsible for regulating the conduct of public officers and to statements made under

oath or affirmation to a body authorised by Parliament to conduct an inquiry or during

judicial proceedings.

Recommend: Support

Proposed New Regulation – Public Statements

Insert a new regulation that:

1. Requires a Council Member to notify the CEO in writing of any comments or written

material that the Council Member provides to a representative of the mass or local media

concerning the performance or administration of the local government, the actions or

performance of local government employees, or a Council decision.

2. Requires the CEO to maintain a register of media contact in which details of such notices

are kept, and to make this register available for public inspection.

Recommend: Not Support

It is suggested that the practicalities of adhering to the proposed new regulation are problematic,

particularly with the extent to which social media is utilised by the general media. It is also

suggested that implementing such a regulation adds little value to the accountability processes of

the Council and its members.

Proposed New Regulation – Interactions with Council members

Insert a new regulation that:

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1. Prohibits a council member from behaving in an abusive or threatening manner towards

any other council member or the CEO.

2. Prohibits a council member from stating or implying that a council decision or decision

process was incompetent, dishonest, corrupt, negligent or unlawful (but does not prohibit

expressing disagreement with a decision).

3. Prohibits a council member, when attending a council or committee meeting or other

organised event, and if any person other than council members, the CEO and an official

record taker is present, or if the meeting or event is being broadcast, or if an audio or video

record is being made of the meeting or event and that record will be publicly available,

from:

a) Disparaging or impugning the character of any council member (to be defined as

stating or implying deficiency in the person’s honesty, integrity, competence,

diligence, impartiality or loyalty), or imputing dishonest or unethical motives to

them in the performance of their duties.

b) Using abusive or offensive language to, or in reference to, any council member (to

be defined as inflammatory words likely to incite ridicule or contempt or which

would offend a reasonable adult applying contemporary community standards).

4. Requires a council member, when attending a council meeting or committee meeting, to:

a) Comply with a direction given by the presiding member at that meeting; and

b) Cease any conduct that has been ruled out of order by the presiding member,

unless the majority of council members who are present vote to dissent from the presiding

member’s ruling.

5. Sub-regulation (2) is not to prevent a council member from reporting suspected dishonest,

corrupt, negligent or unlawful council decisions or processes to a regulatory agency with

responsibility for overseeing any aspect of the performance of local governments or the

conduct of public officials.

6. This regulation is not to prevent a council member from making a statement under oath in

a hearing conducted by Parliament, before a judicial body or as otherwise required by law.

Recommend: Support

Regulation 11 – Disclosure of interest

1. Amend sub-regulation 11(1) to clearly restrict the definition of interest to one that could or

could reasonably be expected to adversely affect impartiality of the person having the

interest, deleting the “inclusions”.

2. Include examples of significant impartiality interests in an advisory standard rather than in

the regulation.

3. Define “matter to be discussed” to mean substantive matters to be determined by council

and exclude administrative matters where the effect is limited to the council itself.

4. Amend sub-regulation 11(3) to add a provision that Regulation 11 does not apply to trivial,

negligible or non-current interests.

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5. Add a sub-regulation permitting a disclosing member to elect to leave the meeting while

the council discusses and makes a decision on the matter, but if the member elects not to

leave the meeting, the council member must vote as required by under section 5.21(2) of

the Act.

6. Add a sub-regulation providing for council members to register, at their discretion,

enduring interests that may be perceived as affecting their impartiality.

a) Enduring interests may include, but are not limited to, familial relationships,

employment or board membership, membership of associations, election

commitments and public statements of position on specific matters.

b) The CEO is to maintain a register of enduring interests that is available for public

inspection.

c) Council members may request the CEO to make amendments to their recorded

enduring interests as necessary.

d) Sub-regulation 11(2) would not apply to interests that are recorded in the register

of enduring interests.

Recommend: Not Support (in part)

Regulation 11 relates to impartiality interests only, which are of no tangible consequence in terms

of affecting the ability of a Council member to influence the decision making process, in that the

disclosing member is not required to be absent for either the discussion or the vote, and under

section 5.21(2) of the Act is required to vote if present.

Accordingly, it is suggested that there is only benefit in supporting points 1, 2 and 3 of this

proposal; to better define terminology, and to have significant impartiality interests dealt with in an

advisory standard rather than a regulation.

Regulation 12 – Gifts

1. Insert a new definition of “nominal gift” in Regulation 12(1), to include occasional

hospitality of a modest nature received in the course of performing the role of Council

member, such as:

a) meetings to discuss official business concerning the local government,

b) information sharing and professional development events (such as forums,

seminars or workshops),

c) an event at which the council member has been invited to speak or present,

d) social events organised by the council, a government body or a community group;

e) attendance at a function as an invited representative of the local government or

Council; or

f) single small promotional items of no commercial value; or

g) modest, “one-off” expressions of gratitude or appreciation such as confectionery,

flowers or single bottles of moderately priced alcohol.

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2. In sub-regulation 12(1), exclude nominal gifts from the definitions of “notifiable gift” and

“prohibited gift”.

3. In sub-regulation 12(2), add “financial or other contribution to travel” to the things that a

council member must not accept from a person undertaking, seeking to undertake or likely

to be intending to undertake an activity involving a local government discretion.

4. Insert a new sub-regulation to provide for the situation of council members who have

accepted a gift in the belief that the giver was not undertaking, seeking to undertake or

intending to undertake an activity involving local government discretion, and who become

aware within six months of accepting the gift that their assumption was inaccurate.

Council members would be required to rescind their acceptance (if the gift had not yet

been received) or return (if practical) a prohibited gift or to notify the CEO of a notifiable

gift or a non-returnable prohibited gift, as soon as practicable.

5. Provide for the CEO, at the request of a Council member, to record declined or returned

gifts.

6. Insert a new sub-regulation to clarify that this regulation does not apply to ceremonial gifts

received by a Council member on behalf of the Council. A ceremonial gift is an item

presented to the local government as a mark of respect, commemoration or appreciation,

usually from another government entity or an organisation, and ownership is held by the

local government.

7. Clarify that when a gift is presented to the Council, and that gift or part of the gift is then

provided to a Council member for their personal benefit, it is to be treated as though the

council member had accepted the gift directly from the giver. If the gift meets the

definition of a notifiable gift, then Regulation 12(3) applies.

Recommend: Support


There are no financial or budgetary implications arising from the recommendations within this

report.


This matter is presented to Council for consideration.


Mr David Smith addressed Council, speaking on the matter.

The recommendation (as printed) was moved Cr Kelly, seconded Cr Hayward.


matter.

19 January 2016


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That Council adopt the following positions in relation to the proposed changes to the Local

Government (Rules of Conduct) Regulations 2007:

Proposed

Amendment

Council

Position

Alternative if Position not

supported

Regulation 3 – General

principles of behaviour

1 Support N/A

2 Support N/A

3 Support N/A

Regulation 4 –

Contravention of certain

local laws

1 Support N/A

2 Support N/A

Regulation 6 –

Unauthorised disclosure

of information

1 Support N/A

2 Support N/A

3 Support N/A

4 Support N/A

Regulation 7 – Securing

personal advantage or

disadvantaging others

1 Support N/A

2 Support N/A

3(a) Support N/A

3(b) Support N/A

3(c) Support N/A

3(d)(i) Support N/A

3(d)(ii) Support N/A

Regulation 8 – Misuse of

local government

resources

1 Support N/A

2 Support N/A

3 Support N/A

Regulation 9 – Prohibition

against involvement in

administration

1 Support N/A

2 Support N/A

3 Support N/A

4 Support N/A

Regulation 10 – Relations

with local government

employees

1(a) Support N/A

1(b) Support N/A

1(c) Support N/A

1(d) Support N/A

1(e) Support N/A

1(f) Support N/A

2 Support N/A

3(a) Support N/A

3(b) Support N/A

19 January 2016


Page 78

3(c) Support N/A

3(d) Support N/A

3(e) Support N/A

4 Support N/A

Proposed new regulation

– Public statements

1 Not Support It’s suggested that no new

regulation is necessary. 2 Not Support

Proposed new regulation

– Interactions with

Council members

1 Support N/A

2 Support N/A

3(a) Support N/A

3(b) Support N/A

4(a) Support N/A

4(b) Support N/A

5 Support N/A

6 Support N/A

Regulation 11 – Disclosure

of interest

1 Support N/A

2 Support N/A

3 Support N/A

4 Not Support

It’s suggested that no new

sub-regulation is necessary.

5 Not Support

6(a) Not Support

6(b) Not Support

6(c) Not Support

6(d) Not Support

Regulation 12 - Gifts

1(a) Support N/A

1(b) Support N/A

1(c) Support N/A

1(d) Support N/A

1(e) Support N/A

1(f) Support N/A

1(g) Support N/A

1(h) Support N/A

2 Support N/A

3 Support N/A

4 Support N/A

5 Support N/A

6 Support N/A

7 Support N/A

CARRIED 9 votes “for” / Nil votes “against”

19 January 2016


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10.18 National Stronger Regions Fund Round Three Application (was listed as item 10.2.8 of the Council

Agenda)




Attachments: Nil.

Summary

Applications to the National Stronger Regions Fund are required by 15th March 2016. All

applications will require the support of Regional Development Australia (RDA).

The City proposes to submit one application addressing the under $1M criteria for the Bunbury

Water Playground and a second application addressing the over $1M criteria for the Bunbury

Waste Water Re-Use Project. Both projects are identified as ready to progress and meeting the

category criteria.


That Council approve:

1. The submission of a funding application for the Bunbury Water Playground to the National

Stronger Regions Fund addressing the requirements for funds under $1M.

2. The submission of a funding application for the Bunbury Waste Water Re-Use Project to the

National Stronger Regions Fund addressing the requirements for funds over $1M and up to

$10M.

Background

The objective of the NSRF is to fund investment ready projects which support economic growth and

sustainability of regions across Australia, particularly disadvantaged regions, by supporting

investment in priority infrastructure.

The desired outcomes of the programme are:

• improved level of economic activity in regions;

• increased productivity in the regions;

• increased employment and a more skilled workforce in regions;

• increased capacity and improved capability of regions to deliver major projects, and to

secure and manage investment funding;

• improved partnerships between local, state and territory governments, the private sector

and community groups; and

• more stable and viable communities, where people choose to live.

The NSRF will not fund projects that:

• do not have evidence that all partner funding is confirmed at the time of application;

• do not deliver sustainable economic benefits, including job creation;

19 January 2016


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• are eligible for funding under the National Disaster Relief and Recovery Arrangements;

• shift costs from state, territory or local governments to the Australian Government; and/or

• are integral elements of hospitals, as they are funded by other Government initiatives

Officers Comment

The City had applied for funding in Round One for the Bunbury Airport Expansion .This was

unsuccessful due to the City having already commenced some aspects of the proposed project.

The Bunbury Water Playground Project was submitted for Round Two in 2015 and the City was

advised in late December 2015 that this was unsuccessful. Officers have requested feedback on the

application.

Future year projects were considered prior to making the recommendation to Council. The projects

that were reviewed are identified below:

Under $1M Category

Considerations included the Water Playground and the Big Swamp Master Plan. It was noted that

the Big Swamp Master Plan details and reports are not yet completed to the level required to

address the criteria for an application and the project is not presently considered to be “shovel

ready”. This project may be ready for consideration in the next round of funding.

Over $1M Category

Considerations included the Bunbury Waste Water Re-Use Project, Stirling Street Arts Centre and

Withers Renewal Project. Only the Waste Water Re-Use Project was viewed as ready to meet the

application criteria and identified as “shovel ready”.


Contribution funds for the Water Playground are currently allocated in the 2015/16 budget that will

be carried forward to the 16/17 financial year budget.

For the Waste Water Re-Use Project the City will work with Water Corporation, Aqwest and

identified stakeholders to deliver contribution/partnership funding . The City will contribute land

for the project infrastructure such as storage tanks etc.

19 January 2016


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Cr Jones declared an impartiality interest in the item and remained in chamber for the duration of

the discussion and the vote on the matter.

The CEO advised of an amendment to the executive recommendation, being the addition of point 3

as follows:

3. The CEO investigating alternative projects for the $1m to $10 category in the event that the

Waste Water Re-Use Project matched funding cannot be achieved, noting that the alternative

project will need to be from the Council Long Term Plans and that Council is to be advised prior

to final submission of the project.

The recommendation (as amended) was moved Cr Kelly, seconded Cr Hayward.


matter.


That Council approve:

1. The submission of a funding application for the Bunbury Water Playground to the National

Stronger Regions Fund addressing the requirements for funds under $1M.

2. The submission of a funding application for the Bunbury Waste Water Re-Use Project to the

National Stronger Regions Fund addressing the requirements for funds over $1M and up to $10M.

3. The CEO investigating alternative projects for the $1m to $10 category in the event that the

Waste Water Re-Use Project matched funding cannot be achieved, noting that the alternative

project will need to be from the Council Long Term Plans and that Council is to be advised prior to

final submission of the project.

CARRIED


19 January 2016


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10.19 Disaster Relief Reserve Fund Committee - Waroona Fire Appeal (was listed as item 10.2.9 of the

Council Agenda)




Attachments: Nil

Summary

Following the recent Waroona and Districts Fires, the Lord Mayor of Perth set up the Lord Mayor’s

Distress Relief Fund and is calling upon donations from fellow west Australians.

A meeting of the Disaster Relief Reserve Fund Committee, comprising of the Mayor, Councillors

Jones Cook and Miguel was held on 12 January 2016 immediately prior to the Council Agenda

Briefing to seek agreement for a donation of $10,000 from the Disaster Relief Reserve for the

recent Waroona Fires.

The purpose for this report is to seek Elected Members support to donate funds from Council’s

Reserve towards the appeal to assist with the rebuilding of the affected properties.


That Council note the decision of the Disaster Relief Reserve Fund Committee to donate $10,000 to

the Lord Mayor of Perth Disaster Relief Fund.

*Absolute Majority Required

Background

Individuals and organisations wishing to assist those impacted by the Parkerville bushfires are

urged to donate through the Lord Mayor’s Distress Relief Fund (LMDRF).

The fund has been activated to coordinate donations to support victims of the bushfires which have

destroyed 143 homes and property in the Yarloop area.

Donations of funds are through the LMDRF’s dedicated appeal account or the City of Perth.

Analysis of Financial

Following Council Decision 47/11 (1 March 2011) Council established a Disaster Relief Reserve Fund

to provide relief of personal hardship and distress arising from natural disasters occurring within

Western Australia and Australia. It is suggested that $10,000 be paid from this fund to the current

appeal.

Relevant Precedents

Council has contributed to similar appeals in the past including the Parkville and Esperance Fires.

Officer Comments

19 January 2016


Page 83

Through the establishment of the Disaster Relief Reserve Fund, funds are available to be distributed

to disaster relief via appropriately formed disaster fund appeals. The Committee agreed to the

make a contribution of $10,000 to the Waroona Fire Appeal.


The recommendation (as printed) was moved Cr Kelly, seconded Cr Cook.


matter.


That Council note the decision of the Disaster Relief Reserve Fund Committee to donate $10,000

to the Lord Mayor of Perth Disaster Relief Fund.

*Absolute Majority attained.

CARRIED


19 January 2016


Page 84

10.20 Application for Development Approval for Mixed Use Development (Multiple Dwellings and

Shops) at Lot 505 (Development Site 1 Koombana North) Koombana Drive, Bunbury (was listed as

item 10.4.2 of the Council Agenda)

Applicant/Proponent: Tecon Australia Pty Ltd

Responsible Officer: Matthew Wansborough, Planning Officer

Executive: Stephanie Addison-Brown, Acting Director Planning, Development and

Regulatory Services

Attachments: Appendix DPDRS-4: Schedule of Submissions

Appendix DPDRS-5: Location Plan

Appendix DPDRS-6: Proposed Development Plans

Appendix DPDRS 7: Development Standards

Summary

An application for development approval was lodged by Tecon Australia Pty Ltd on behalf of

Austpro Management Services Group Pty Ltd, which is seeking to develop the first stage of the

Koombana North precinct, to create a mixed-use development comprising of four (4)

Shop/Restaurant/Tavern units on the ground floor and fourteen (14) apartments above with

associated servicing and basement car parking.

The application for development approval was referred to a wide range of state government

agencies and utility providers. A full list of referrals, submissions made and assessing planning

officer comments in response can be found in the Schedule of Submissions attached at Appendix

DPDRS-4.

The application for development approval was advertised for public comment from 18 November

2015 to 1 December 2015 inclusive. In total, 31 submissions were received, of which six (6) were

objections. The main issues raised in submissions were in relation to the height of the proposed

building, loss of views, impact on parking in the area and the lack of provision of a new rail station.

The subject site and adjoining properties are included in the ‘Special Use Zone 57 – Koombana

North Precinct’ under the City of Bunbury Town Planning Scheme No. 7 (TPS7), and the proposal is

deemed to be consistent with the zoning objectives. It is considered that approval of such a

proposal would represent orderly and proper planning, and therefore for the reasons outlined in

this report, the application for development approval is recommended to be approved subject to:

- Council’s desire to exercise its discretion to impose a cash in lieu developer contribution for

any car parking shortfall; and

- the imposition of specific conditions relating to stormwater management, visual screening,

services and laundry facilities, etc.


That Council:

1. In accordance with the Planning and Development Act 2005 (as amended), hereby resolves

to grant development approval for Mixed Use Development (Multiple

Dwellings/Shops/Restaurant/Tavern) at Lot 505 (Development Site 1 Koombana North)

Koombana Drive, Bunbury, subject to the following conditions:

19 January 2016


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1.1 At all times, the development the subject of this planning approval must comply with

the definition of Multiple Dwellings/Shop/Restaurant/Tavern as contained in

Schedule 1 of the City of Bunbury’s Local Planning Scheme and/or State Planning Policy

3.1 Residential Design Codes.

1.2 All development shall be in accordance with the approved development plans

(attached) which form part of this planning approval.

1.3 This planning approval will expire if the approved development has not substantially

commenced within two (2) years from the date of issue of the approval, or, within any

extended period of time for which the City of Bunbury has granted prior written

consent.

1.4 All works required to satisfy a condition of this approval are required to be installed /

constructed and maintained in accordance with the approved plans and conditions of

approval for the life of the development.

1.5 Before the development is occupied, external clothes drying facilities must be

provided for each dwelling in accordance with clause 5.4.5 of the State Planning Policy

3.1 Residential Design Codes (the R-Codes). External clothes drying facilities must be

effectively screened from public view at all times and to the satisfaction of the City of

Bunbury.

1.6 Before the development is occupied, enclosed lockable storage areas, constructed in a

design and material matching the dwellings, with a minimum internal area of at least

4m², must be provided onsite for each dwelling in accordance with clause 5.4.5 of the

State Planning Policy 3.1 Residential Design Codes (the R-Codes) and to the satisfaction

of the City of Bunbury.

1.7 Before the development is occupied, a minimum of 20 residential car parking bays

must be provided on the land the subject of this planning approval and to the

satisfaction of the City of Bunbury.

1.8 At all times, provision must be made onsite for the storage and collection of

commercial and residential garbage and other solid waste. A waste storage and

collection area must be graded, drained and screened from public view, and the

garbage collected regularly, to the satisfaction of the City of Bunbury. Details to be

submitted with the building permit application for the approval of the City of Bunbury.

Before the development is occupied, a Waste Management Plan must be submitted to

the specifications and satisfaction of the City of Bunbury, setting out how both the

residential and commercial land use components of the development will be managed

in terms of the storage and collection of domestic and commercial waste.

1.9 Visual privacy screening shall be provided to the balcony sides as clouded red on the

amended plans and shall be at minimum 1.6m above finished floor level, at least 75%

obscure and made of durable material. The screening shall be installed prior to the

occupation of the dwellings and shall remain in place permanently unless otherwise

approved by the City of Bunbury.

1.10 Before the development is commenced, detailed design plans shall be prepared in

accordance with relevant Australian Standards, Austroad Guidelines, and City of

Bunbury requirements, for all access, car parking and pedestrian movement

requirements, to the specifications and satisfaction of the City of Bunbury. Once plans

are approved construction is to be in accordance with the approved plans and be

completed before the development is occupied.

1.11 Before the development is occupied, the access way, car parking and turning area shall

19 January 2016


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be constructed in accordance with the development approval to the specifications and


1.12 Before the development commences, a crossover permit must be obtained from the

City of Bunbury. Construction and maintenance of the crossover shall be in

accordance with the crossover permit.

1.13 Before the development is occupied, any alterations, relocation or damage of existing

infrastructure within the road reserve must be completed and reinstated to the

specifications and satisfaction of the City of Bunbury.

1.14 Before the development is occupied, line marking and parking signage must be

installed in accordance with the approved plans.

1.15 Before the development is occupied, lighting must be provided on site for the access

way(s), parking area(s) and turning area(s) to the specifications and satisfaction of the

City of Bunbury. Plans are to be submitted to the City of Bunbury for approval prior to

construction commencing.

1.16 Before the development commences, a damage bond to the value of $20,000 must be

paid to the City of Bunbury in accordance with the City of Bunbury’s Local Planning

Policy: Bonds.

1.17 A minimum of 1m³ of stormwater storage for each 65m² of impervious area must be

provided onsite in accordance with the City of Bunbury’s Information Guide –

Stormwater Disposal from Private, Commercial and Industrial Properties. Detailed

design plans of proposed stormwater management must be submitted to the

specifications and satisfaction of the City of Bunbury for approval prior to the

development commencing, and be implemented in accordance with the approved plan

prior to the development being occupied.

1.18 Before the development is occupied, the stormwater management and drainage

system must be designed and constructed in accordance with the City of Bunbury’s

Information Guide – Stormwater Disposal from Private, Commercial and Industrial

Properties; and where able to, is to provide an overflow connection to the City of

Bunbury’s drainage network, to the specifications and satisfaction of the City of

Bunbury. Detailed design plans of the proposed stormwater management and

drainage system must be submitted for approval prior to the development

commencing.

1.19 Before the development is occupied, the following stormwater pollution control

devices must be integrated into the stormwater management and drainage system to

the specifications and satisfaction of the City of Bunbury:

(a) sediment trap/s;

(b) gross pollutant trap/s; and

Design details of the pollution control device are to be included with the stormwater

management plans submitted for approval.

1.20 Before the development is occupied, the property must be connected to the Water

Corporation reticulated sewerage system.

1.21 Before the development is commenced, a report must be prepared by a qualified

acoustic engineer, who is a member of the Australian Acoustical Society, detailing the

possible noise emissions from the subject development and comparing them to

relevant noise criteria. Should the predicted / measured results not comply with the

criteria, the report must detail appropriate actions and mitigation measures to be

19 January 2016


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undertaken to ensure that noise emissions do not contravene the provisions of the

Environmental Protection Act 1986 and the Environmental Protection (Noise)

Regulations 1997. The report is to be prepared at the cost of the owner/applicant and

must be submitted for the endorsement of the City of Bunbury’s Manager

Environmental Health Services. For more information about this requirement please

contact the City of Bunbury’s Environmental Health Services department on (08) 9792

7100. Before the development is occupied, the outcomes and recommendations of

the endorsed acoustic report must be implemented onsite to the satisfaction of the

City of Bunbury’s Manager Environmental Health Services.

1.22 Laundry facilities must be provided within all residential units in accordance with the

City of Bunbury Health Local Laws 2001.

1.23 An Acid Sulfate Soils Self-Assessment Form and, if required as a result of the self-

assessment, an Acid Sulfate Soils Assessment Report and an Acid Sulfate Soils

Management Plan shall be submitted to and approved by the Department of

Environment Regulation before any subdivision works or development are

commenced. Where an Acid Sulfate Soils Management Plan is required to be

submitted, all subdivision works shall be carried out in accordance with the approved

management plan.

Advice Notes:

1. The City of Bunbury advises that where a development approval contains conditions,

which are required to be discharged before development commences, to commence

development before those conditions are cleared means that the development is not

pursuant to the development approval and is therefore unauthorised development.

2. An application for an extension of time to an existing development approval can be

made by the lodging of a formal written request, signed by both the land owner and

applicant (if applicable), along with the payment of the appropriate application fee (as

per the Council's Fees and Charges Schedule). Details of the relevant development

approval (e.g. DA number, date of approval, property address, etc.) and justification

are required as part of the application for an extension of time. An application needs

to be received within one month prior to the expiration of the development approval.

An extension of time shall only be granted once. Should an extension of time expire a

new application for development approval will be required.

3. There is a requirement to comply with the Aboriginal Heritage Act 1972, which

protects all Aboriginal heritage sites in Western Australia whether they are known or

otherwise. This development approval does not remove or affect any statutory

responsibility or obligation the developer/landowner may have under the Aboriginal

Heritage Act 1972. The developer/landowner is advised to contact the relevant State

Government public authority(s) before commencing any site works to ensure that

statutory responsibilities or obligations are met. Further information can be obtained

from the Department of Indigenous Affairs on (08) 9964 5470 or (08) 9235 8000 or at

www.dia.wa.gov.au.

4. The development site is identified as having a high to moderate risk of acid sulfate

soils. The developer/landowner is advised to contact the Department of Environment

Regulation before commencing any site works to determine the implications of this,

and whether there is an obligation to prepare an Acid Sulfate Soils Assessment Report

and implement an Acid Sulfate Soils Management Plan. Condition 1.23 of this

development approval makes reference to an ‘Acid Sulphate Soils Self-Assessment

Form’. This form can be downloaded from the Western Australian Planning

19 January 2016


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Commission’s website at: www.planning.wa.gov.au. The acid sulphate soils self-

assessment form refers to the Department of Environment Regulation’s Identification

and Investigation of Acid Sulphate Soils guidelines. This guideline can be obtained from

the Department of Environment Regulation’s website at: www.der.wa.gov.au. Further

information can be obtained from the Department of Environment Regulation’s Acid

Sulphate Soils Branch on (08) 6467 5000 or at www.der.wa.gov.au.

5. Separate approvals for signage and/or advertisements are required from the City of

Bunbury if signage exceeds the requirements listed at Schedule 9 – Exempted

Advertisements in the City of Bunbury Town Planning Scheme No. 7 (TPS7).

6. The developer/landowner is advised of their obligations to ensure that all sand drift,

waste, building materials and equipment is contained within the property boundaries

of the subject site during the construction period.

7. This is a development approval and it is not a building permit. The development the

subject of this planning approval is also regulated by the Building Code of Australia

(BCA), and a separate building permit must be granted before the development

commences. The developer/landowner is advised to liaise further with the City of

Bunbury’s Building Certification team on (08) 9792 7000.

8. All documentation submitted with the building permit application is to be in

accordance with the Building Act 2011, the Building Regulations 2012 and the BCA

Volume 1.

9. Energy efficiency details for the proposed project is to comply with the BCA Volume 1,

Part J for Climate Zone 5.

10. Building plans and specifications submitted with the building permit application may

be required to be referred to the Department of Fire and Emergency Services for

assessment and approval. Further information can be obtained from the Department

of Fire and Emergency Services on (08) 9323 9300 or at www.dfes.wa.gov.au, or by

writing to postal address PO Box P1174 Perth WA 6844.

11. If the project requires fire hydrants, the building plans and specifications must indicate

the position of firefighting equipment required in BCA Volume 1, Part E (Fire Hose Reel

– AS 2441 and Fire Hydrants – AS 2419). As part of the requirement for fire hydrants,

the subject site’s water pressure and flow test results will need to be established at

the point of proposed water main access. AS 2419 covers installation details and

minimum required pressure and flow rates. If minimum requirements cannot be

obtained at the point of supply, the design of pumps and tanks would need to be

considered.

12. Owners, builders and developers undertaking development of any kind are advised of

their responsibility to comply with the requirements of the Disability (Access to

Premises - Buildings) Standards 2010 and the Disability Discrimination Act 1992.

Building plans and specifications submitted with the building permit application must

indicate all provisions of access for people with disabilities, into and within the

building, in accordance with the BCA Volume 1, Part D3 and AS 1428.1 - 2009.

13. The building permit application and supporting building plans and specifications must

be submitted to the Water Corporation for approval. Further information can be

obtained from Water Corporation on (08) 9791 0400 or at

www.watercorporation.com.au, or by visiting the Bunbury office on Level 3, 61

Victoria Street.

14. It is the developer/landowner’s responsibility to ensure that all other required

19 January 2016


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approvals are obtained prior to works commencing on the subject site (including any

specified conditions of the development approval). Separate approvals that are

required to be issued prior to works commencing may include:

- environmental or public health approvals (in accordance with the Health Act

1911, Food Act 2008 and City of Bunbury Local Laws for onsite waste disposal,

food premises, hairdressing premises, skin penetration premises and public

buildings, etc.);

- cross-over permit and landscaping approval for any works in a public road verge;

and

- approvals of any utilities and infrastructure service providers (e.g. Water

Corporation, Western Poser, etc.).

Failure to obtain any required approvals prior to works commencing can result in

separate statutory fines under the relevant legislation (e.g. building without a Building

Permit under section 9, Part 2 of the Building Act 2011 – first offence $50,000).

Further information can be obtained by contacting the City of Bunbury’s Building

Certification team on (08) 9792 7000 or from the City of Bunbury website at

www.bunbury.wa.gov.au.

15. The premises is located in a high groundwater table area. Treatments such as subsoil

drainage may be required to prevent any increases to groundwater table levels on

adjoining properties.

16. The development the subject of this approval is required to comply with the approved

Koombana North Urban Water Management Plan (November 2015). In particular, the

stormwater drainage system should be designed in accordance with section 5 of the

Urban Water Management Plan.

17. The premises and equipment the subject of this planning approval is required to

comply with clause 3.2.3 of the Australian Food Safety Standards. Regardless of

whether a building permit is required, application must be made to the City of

Bunbury’s Environmental Health Services department for assessment and approval

prior to commencing development. Two sets of scaled plans (minimum 1:100) and

specifications detailing the design and fit out will need to be submitted to the City of

Bunbury’s Environmental Health Services department and is to include the following

information:

- the use of each room/area;

- the structural finishes of walls, floors, ceilings, benches, shelves and other

surfaces;

- the position and type of all fixtures, fittings and equipment;

- all sanitary conveniences, floor wastes/bucket traps/cleaner’s sinks, grease

traps, etc.;

- waste storage and disposal areas;

- plans and specifications of the mechanical exhaust system if cooking is to take

place in the food business;

- specifications of all cooking equipment (stoves, ovens, fryers, etc.);

- elevations of food handling and storage areas; and

- details of the types of food being prepared or sold.

19 January 2016


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Please refer to the City of Bunbury’s Environmental Health Services department fact

sheet titled Requirements for the Establishment, Construction and Fit Out of Food

Premises (July 2015), available on the website at www.bunbury.wa.gov.au. A final

inspection of the premises will be required to be carried out by Environmental Health

Officers prior to commencing operation. Further information may be obtained from

the City of Bunbury’s Environmental Health Services department on (08) 9792 7100.

18. The development is defined as a ‘food business’ under the Food Act 2008. The

development must comply with the Food Act 2008 and Food Regulations 2009.

Further information can be obtained from the City of Bunbury’s Environmental Health

Services department on (08) 9792 7100 or (08) 9792 7000.

19. The development the subject of this development approval must comply with the

requirements of the Health Act 1911.

20. The development the subject of this development approval is required to comply with

the City of Bunbury Health Local Laws 2001.

21. Car park ventilation must comply with the requirements specified in the City of

Bunbury Health Local Laws 2001, Part 5, Division 5, Car Parks. Ventilation must be in

accordance with AS 1668.2. Ventilation must be certified by an appropriately qualified

mechanical engineer and a copy of the certification provided to the City of Bunbury’s

Manager Environmental Health Services department prior to occupation.

22. The premises is in the vicinity of energised electrical installations and powerlines. The

person in control of the work site must ensure that no person, plant or material enters

the ‘danger zone’ of an overhead powerline or other electrical network assets. The

‘danger zone’ is set out in the Occupational Safety and Health Regulation 1996,

reference should be made specifically to clause 3.64 of the regulations. Any

information provided to the proponent by Western Power should not be used in

isolation and it is recommended that the proponent refer to the Occupational Safety

and Health Act 1984 and Occupational Safety and Health Regulations 1996. These

documents outline WorkSafe WA requirements for working near electricity. For

queries relating to these requirements, visit WorkSafe or contact WorkSafe on 1300

307 877.

23. ATCO Gas Australia has medium pressure and abandoned gas mains in the vicinity of

the premises. The proponent is advised to contact ATCO on (08) 9499 5272 in this

regard. Anyone proposing to carry out construction or excavation works must contact

‘Dial Before You Dig’ (phone 1100) in order to determine the location of any buried gas

infrastructure.


Background

The subject site is located to the east of the existing Silos/Mantra Hotel element of the Marlston

Waterfront on vacant land to the south of the ‘ski beach’ part of Koombana Bay. It is the first of

five development lots to be brought forward in the Koombana North Precinct, which is owned by

the state government’s land development agency LandCorp.

The development site occupies a slightly elevated position to the north of a proposed eastwards

extension of Holman Street and the foreshore footpath between Marlston Waterfront and the

Inlet. The subject site and the adjoining land to the south and east are included in the ‘Special Use

Zone 57 – Koombana North Precinct’.

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A location plan showing the subject site and its surrounds is attached at Appendix DPDRS-5.

A summary of the key details pertaining to the subject lot is as follows:

Property Address: Lot 505 (Development Site 1 Koombana North) Koombana Drive, Bunbury

Regional Planning

Scheme Zoning

(GBRS):

Regional Centre Zone

Local Planning

Scheme Zoning

(TPS7):

Special Use Zone 57 - Koombana North Precinct

Existing Land Use: Vacant

Lot Area: 1,150m² (Koombana North Precinct total area = 12,945m²)

The proposal involves the creation of a single discrete mixed use apartment block - including

basement parking lot, ground floor retail units suitable for Shop/Restaurant/Tavern uses, five floors

of residential units and private rooftop terrace.

The single level basement is accessed via a ramp down from Holman Street on the southwest

corner of the lot and contains the car and bicycle parking associated with the residential units along

with storage units, plant and services. The building is roughly rectangular in shape with the ground

floor being built out to the lot boundaries.

The ground floor will be occupied by four (4) shop/restaurant/tavern units ranging in size from 99

to 200m² fronting onto the new public realm on the north ‘ski beach’ side of the development. The

southern part of the ground floor is associated with the residential apartments above - including

access lobby and lift/stairs, along with an extensive gymnasium area reserved for the private use of

the residents. These resident facilities are accessed exclusively from Holman Street to the south.

The first to fourth floors above each contain three residential apartments, between 150 and 195m²

in size, with one (1) two-bed apartment and two (2) three-bed apartments. All the apartments have

open plan kitchen/dining/living areas with additional extensive balcony areas. The penthouse floor

and roof terrace of the building are occupied by two (2) three-bed split-level penthouse

apartments. Again, the apartments have open plan kitchen/dining/living areas with additional

study rooms and balcony areas. The upper level of the penthouse apartments comprises an open

roof terrace with dining, games and spa areas. The roof terrace also contains access stairs, lift and

plant room.

The proposal also includes an extensive glazed canopy structure at ground level on all four sides of

the building. The structure will sit approximately 4.5 metres above the ground level and cantilever

out horizontally from the building for a distance of approximately 2.5 metres.

The proposal does not yet include signage related to either the residential or commercial land use

components of the development. It is proposed that signage will be addressed through a future

development application once more detail is known about the composition of the ground floor

commercial tenants.

The proposed development plans are attached at Appendix DPDRS-6.

The public realm surrounding the application site has been subject to a Subdivision Application

(WAPC147380) and a number of the civil engineering plans (including drainage, power,

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telecommunications, etc.), which have recently been approved by the City of Bunbury.

Legislative and Council Policy Compliance

The following statutory planning instruments of the State Planning Framework and Local Planning

Policy Framework are applicable to the assessment of this application for planning approval:

- Planning and Development Act 2005;

- Greater Bunbury Region Scheme (GBRS);

- State Planning Policy 3.1 Residential Design Codes (the ‘R-Codes’);

- City of Bunbury Town Planning Scheme No. 7 (TPS7);

- Koombana North - Bunbury Waterfront Structure Plan; and

- Local Planning Policy: Access & Parking for Pedestrians, Bicycles and Vehicles - Policy 3.1.

Officer Comments

‘Special Use Zone 57’ of the City of Bunbury Town Planning Scheme No. 7 allows for a wide range of

discretionary commercial and community land uses on all floors of the development, and

specifically permits multiple dwellings (R-AC0) on upper floors of any proposed development. A full

list of discretionary and permitted land uses is attached at Appendix DPDRS-7. The Special Use

zoning also sets out general standards for urban design and development, much of which has been

carried through into the detailed requirements of the Structure Plan. A list of the development

standards for this zone is attached at Appendix DPDRS-7.

The Koombana North - Bunbury Waterfront Structure Plan (adopted by Council in May 2013) sets

out in significant detail the planning requirements for development of all five of the lots proposed

within the precinct and the surrounding public realm, as well as outlining the vision and objectives

for development of the precinct. The requirements relate to a range of issues including land use,

built form, access and movement, vehicle parking, landscaping, noise attenuation, etc. Full details

of the requirements can be found in Table 1 of the Structure Plan. A summary of the key

requirements can be found in the plans and table attached at Appendix DPDRS-7.

The assessment of this proposal was principally undertaken by reference to the provisions of

‘Special Use Zone 57’ under the Scheme and, in particular, the detailed requirements of the

Structure Plan and Local Planning Policies as relevant.

Land Use

With respect to the range of commercial uses proposed on the ground floor of the development,

namely shops/restaurant/tavern, these are consistent with the discretionary uses allowed for

under ‘Special Use Zone 57’. In addition, the type and mix of the ground floor uses proposed is

consistent with the requirements in Table 1 clause 4.3 of the Structure Plan for land uses that are

sympathetic to the vision and objectives for the precinct and are not considered to be detrimental

to the amenity of adjoining properties and public open spaces.

The residential units on the upper floors (with access and services on the ground floor) fit with the

definition of multiple dwellings as defined in the R-Codes, and are consistent with the permitted

uses allowed for under ‘Special Use Zone 57’ and within the Structure Plan Table 1 clause 4.2. For

the avoidance of doubt, the proponent has confirmed that the units are not to be used for

‘unrestricted residential accommodation’ meaning both permanent and/or temporary short-stay

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accommodation.

Residential Diversity

Under element 6.4.3 of the R-Codes, where there are more than 12 dwellings in a development, a

minimum of 20% of the units should be 1-bed units and 40% should be 2-bed units. In addition,

under Table 15 of the Structure Plan (page 56), a total of 25 units are envisaged for this Lot

including seven 1-bed units and fifteen 2-bed units.

The proposal is for 14 residential units including only four 2-bed units with no 1-bed units, which is

significantly below the requirements for residential diversity in both the R-Codes and the Structure

Plan.

The proponent’s justification is that the nature of the development caters for a specific socio-

economic market demand and that there is an adequate degree of diversity in the types of units

provided for the expected demographic needs of prospective residents. In addition, they argue

that the design of the development is specifically in line with the intent of the Structure Plan and

suited to the location in terms of what can be physically accommodated on the subject site.

Section 3.2.1.3 of the Structure Plan does clearly envisage a wide variety of dwelling types within

the precinct and that the ultimate yield and product mix will be determined by the market

conditions at the time. It is recognised that the current proposal will enable a degree of ‘aging in

place’ as envisaged in the Structure Plan, whereby there is some scope to ‘upgrade’ to the

proposed larger apartments both within the block and across the completed precinct.

Therefore, given the physical constraints on the site in terms of the limited ability to excavate more

than one basement level, the market demand that exists for larger apartments in this location and

the need to bring forward development on this landmark site, it is considered that on balance, the

proposal is acceptable in relation to the design principles in element 6.4.3 of the R-Codes and in

relation to Table 15 of the Structure Plan. However, it should be understood that the need for

more units and particularly for 1-bed units will consequently be increased for future stages in order

to create the desired residential quantity and diversity across the precinct as a whole.

Residential Amenity

The proposal is compliant with the R-Codes in terms of visual privacy (element 6.4.1) in that all of

the balcony areas are to be adequately screened where the opportunity for overlooking of adjacent

private living spaces exists. This is proposed to be secured by way of condition on any development

approval.

The balconies on the eastern elevation of the proposed building are a minimum of 6 metres from

the side boundary of development site 2 as required. All other elevations are significantly more

than 6 metres from any other residential properties. The proposed balcony space for each

apartment is compliant with the requirements for outdoor living areas in terms of element 6.3.1 of

the R-Codes with respect to their size and functionality.

Given that the proposal is within the required height limits for the building (see below) and with

reference to the shadow analysis undertaken in section 3.5.4 of the Structure Plan, it is considered

that the proposal will not adversely impact upon solar access for adjoining development sites.

The proposed residential units will have suitable access to sufficient open space both within the

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Koombana North Precinct itself and in the wider Marlston Waterfront/Koombana Bay/Leschenault

Inlet area in accordance with the Structure Plan and element 6.1.5 of the R-Codes.

Building Height

The proposed building measures 23 metres in height from ground level at the Holman Street

boundary to its highest point at the top of the plant room on the roof terrace. In this respect the

proposal is consistent with Table 1.1 of the Structure Plan as being within the required 23 metre

maximum building height to the top of an external wall with a concealed roof.

Under Table 1.1, the maximum number of storeys allowed is six (6). The proposed building consists

of six (6) storeys plus the roof terrace. A number of submitters expressed concern that this, in

combination with the configuration of roof and wall structures on the roof terrace, means the

building is actually seven storeys in height and therefore not consistent with the requirements of

the Structure Plan.

However, the generally understood definition of a storey excludes levels of a building that have no

roof, even if they are used by people - such as the terrace on the top roof of a building – and does

not include roofed features containing plant and machinery (as is proposed in this application). On

this basis, and given that the actual height of the building is within the required maximum of

23 metres, it is considered that the height of the building is consistent with the requirements of

Table 1.1 of the Structure Plan.

Building Design

The design of the proposed building is generally compliant with the majority of requirements of the

R-Codes, Scheme and the Structure Plan (e.g. in relation to plot ratio, street setbacks at ground

level, street surveillance, etc.).

Whilst a significant part of the ground floor of the southern Holman Street elevation will be set

back due to the presence of the vehicle access ramp and retail service area, it is considered that the

remainder of the elevation maximises the active frontage to the street through the provision of the

residential access and glazed façade to the ground floor gymnasium.

Under Table 1.1 of the Structure Plan, the upper floors of the building should be setback by a

minimum of 3 metres from the lot boundary and balconies may extend into the setback area at the

discretion of the local government. Whilst on each floor the indoor areas of all the residential units

is 3 metres or greater from the lot boundary, the balconies on every level extend right to the lot

boundary and well into the minimum setback area. In particular, the balconies on the western

elevation extend 5.5 metres from the building wall to the lot boundary.

The proponent reasons that the design and location of the balconies helps to articulate the building

façade, that they are commensurate with the scale and composition of the building and meet the

intended design principles established in the Structure Plan. In addition, that the design of the

balconies maximises the ability to create outdoor usable spaces for the building occupants and

provides active surveillance to the street and surrounding open spaces - assisting in the visual

engagement between the public and private realm which is a critical design objective for the

development.

It is considered that the proposal satisfies the performance criteria of the Structure Plan in Table 1

of PC13.3.1, in that they do assist in the articulation of the building façade, are commensurate in

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scale, are integral to the building structure and contribute to the safety and vitality of the

surrounding streets.

In terms of the building’s appearance as a whole, it is considered that the proposal is consistent

with the performance criteria in Table 1 of PC13.2, in that it:

- incorporates design qualities appropriate to the importance of the Koombana North Precinct;

- is consistent with or exceeds the quality of other nearby development;

- will complement the character of the area its public realm; and

- plant, infrastructure and service areas are adequate for the needs of the development and

designed so as not to be detrimental to the locality.

The Structure Plan requires that a landmark design element is to be incorporated into the design of

development on the western end of Lot 505. Whilst no specific architectural feature is proposed on

the corner of the proposed building in this case, it is considered that the overall building design and

the articulation created by the balconies on this corner will create sufficient visual interest to

satisfy this requirement of the Structure Plan. Furthermore, it can be expected that any proposed

buildings on development sites 2 and 3 will be required to demonstrate overt landmark design

elements in their design.

The proposal also includes an extensive glazed canopy structure at ground level on all four sides of

the building. The structure will sit approximately 4.5 metres above the ground level and cantilever

out horizontally from the building for a distance of 2.5 metres. As such, this canopy is compliant

with the requirements of the Structure Plan in Table 1 of AD13.2.4.

Vehicle Parking

In relation to vehicle parking for the fourteen (14) proposed residential units, section 6.3.3 of the R-

Codes requires that a total of 20 car parking spaces be provide to serve the needs of the residents,

with an additional four (4) car parking spaces required for visitors. In addition, a total of five (5)

bicycle parking spaces are required for residents and two (2) for visitors.

The proposal provides a total of 30 car parking spaces and 12 bicycle parking spaces within the

basement level, with a minimum of two car parking spaces for each unit (three in the case of the

penthouse apartments), which is more than sufficient to meet the requirements of residents, and is

therefore consistent with section 6.3.3 of the R-Codes in this regard. The proposed vehicle and

bicycle parking spaces are also acceptable in terms of their type and size. The proponent suggests

that the residential visitor spaces are located outside of the lot boundary within the existing and

proposed public parking areas. The acceptability of this is considered alongside the requirement for

non-residential parking below.

In relation to car parking to serve the non-residential land use component of the proposal (i.e.

ground floor shops and restaurants), the proponent contends that the site is located within the

‘Regional Centre Zone’ in the Greater Bunbury Region Scheme (albeit zoned as Special Use in the

Local Planning Scheme), and as such, argues that it should be treated as being within the ‘City

Centre Zone’ in relation to vehicle parking requirements. On this basis, the proponent argues that

the total non-residential floorspace proposed (i.e. 576m²) is only slightly above the threshold (i.e.

500m²), by which car parking is not required for development in the ‘City Centre Zone’ under clause

5.7.3.13 of the Scheme and section 8.10 of Local Planning Policy: Access & Parking for Pedestrians,

Bicycles and Vehicles.

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Ordinarily, the amount of vehicle parking required to service 576m² of this type of development

would be approximately 30 spaces. Under section 8.10.2 of the Local Planning Policy this

requirement could be reduced by 50%, as the gross floor area of the non-residential element is

between 500 and 1,000m². This would reduce the requirement for non-residential parking for this

development to fifteen (15) spaces. In addition, there would also be the requirement for four (4)

parking bays to serve visitors to the residential properties (see above) which would need to be met

outside the lot boundary.

It is considered that it would be appropriate to consider the location of this development to be

equivalent to the ‘City Centre Zone’ in relation to the treatment of vehicle parking, given that there

are existing public transport links and public parking areas nearby. In addition, an amount of new

public car parking and a new fast train rail line and station is proposed as part of the wider

Koombana North development.

The Structure Plan for the wider Koombana North Precinct recognized that there may be a shortfall

of provision for non-residential and residential visitor parking. It is considered that, given the

existing and proposed public car parks and public transport in close proximity to the development

site, the lack of specific parking provision for the non-residential and residential visitor components

of the proposed development may be acceptable to Council in relation to the provisions of the

Structure Plan, Scheme and Local Planning Policy.

Nevertheless, Council may impose a condition on the development approval for the making of a

cash in lieu contribution for any car parking shortfall (i.e. 19 bays) caused by the proposed

development (and any others), which may be made in order to construct a decked public car park

facility on development site 5, or alternatively, on public land in close proximity to the precinct.

The proposal is compliant with the requirements for vehicle access set out in the R-Codes and the

Structure Plan in terms of the vehicle ramp being wholly within the lot boundary. The detailed

design in terms of access ramp width, length, gradient and clearance will be subject to a condition

of any development approval and will be agreed in writing to the specifications and satisfaction of


Servicing, Utilities and Facilities

It is considered that there is sufficient space both within the development site and the surrounding

public realm to adequately accommodate services for both the residential and non-residential

components of the proposal (e.g. in relation to deliveries, waste collection, etc.). Whilst the

proponent has provided specific details in relation to some aspects of the servicing (e.g. the

residential waste will be collected from the basement bin store by a building manager and towed

up to street level for collection), it is considered necessary to impose a condition on any

development approval requiring the submission and agreement of a detailed waste management

plan prior to occupation of the building.

Individual lockable storage areas are provided for each unit within the basement level. While a

significant number of these do not meet the minimum depth requirement of 1.5 metres under

section 6.4.6 of the R-Codes (many are only 0.9m deep), they all meet the minimum area

requirement of 4 metres. Hence, it is considered that the proposal meets the design requirements

of the R-Codes in that they are conveniently located for residents and can be secured and

managed.

In relation to laundry and clothes-drying requirements set out in section 6.4.6 of the R-Codes, none

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of the proposed residential units include specific laundry or clothes-drying areas. However, it is

considered that given the available space within the apartments and the extensive, screened

balcony areas that the clothes-drying requirements of residents can be managed in a way that is

appropriate and convenient. However, it is considered necessary to impose a condition on any

development approval requiring the provision of laundries in accordance with the City of Bunbury’s

Local Health Laws.

Environmental Impact

The approved subdivision plans include the provision of a drain on the Holman Street side of the

proposed building. The proponent has not specifically indicated the proposed stormwater

management and drainage arrangements within the lot boundaries and how it will connect with

the municipal stormwater system. As per the approved Koombana North Urban Water

Management Plan, the lot will be required to provide 1 cubic metre of storage for every 65 square

metres of impervious area within the lot through use of an appropriate condition to be approved

by the City of Bunbury prior to commencement of development.

Table 1 of the Structure Plan does not require any specific noise attenuation measures to be

applied in regards to development site 1 of the Koombana North Precinct (i.e. requirements only

apply to development sites 3, 4 and 5). However, in line with the high quality of environmental

design proposed for this development and with reference to the submission by the Port Authority,

it should be noted that the development will be fitted with double-glazed window features and

louvred shutters, which are expected to limit any noise impacts on residents and users of the

development. In addition, the developer will be required by way of condition on any approval to

undertake an acoustic report relating to possible noise emissions from the ground floor uses and

install additional noise attenuation measures prior to occupation, if required.

Cultural Heritage

The proposed development site is located adjacent to the lot containing the former CBH Grain Silos,

which are a State Registered Place. It is considered that the proposal will not negatively impact

upon the Silos or their setting given the significant space between them and will complement the

existing building cluster around the Silos both in built form and character.

Conclusion

It is considered that the proposal is compliant with all essential elements of the R-Codes, the

Structure Plan, Scheme and relevant Local Planning Policies subject to:

- Council’s desire to exercise its discretion to impose a cash in lieu developer contribution for

any car parking shortfall through the imposition of a specific condition; and

- the imposition of specific conditions relating to stormwater management, visual screening,

services and laundry facilities, etc.


This application for development approval relates to private property, and therefore, the effect of

the recommendation has no direct budgetary or financial implications for the City of Bunbury.

If the applicant is aggrieved by Council’s decision they may apply for a review of the decision

through the State Administrative Tribunal (SAT). If the decision is forwarded to SAT for appeal, the

City of Bunbury may incur legal costs.

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The development application was advertised for public comment from 18 November 2015 to 1

December 2015 inclusive. Public consultation measures included the following:

- letter sent to surrounding landowners;

- public notification signs erected onsite;

- public notice of proposal published in a locally circulated newspaper (two consecutive

editions);

- public notice of proposal posted on the City of Bunbury’s website; and

- copies of plans and supporting information made available at the City of Bunbury’s

customer service centre.

In total, 31 submissions were received, of which six (6) were objections.

The main issues raised in submissions were in relation to the height of the proposed building, loss

of views, impact on parking in the area and the lack of provision of a new rail station.

Full details of the submissions made and the assessing planning officer comments in response can

be found in the Schedule of Submissions attached at Appendix DPDRS-4.


The proposal has been referred to the City of Bunbury’s Development Coordination Unit (DCU) for

professional advice and technical assessment prior to the finalisation of this report.

Delegation of Authority

This application for planning approval has been referred to Council for its determination, as

submissions objecting to the proposal were received during the public consultation process and

therefore, cannot be determined under delegation.

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Cr Morris declared a financial interest in the item and left the Chamber at 5:45pm



Cr Warnock declared an impartiality interest in the item and remained in chamber for the duration

of the discussion and the vote on the matter.

The recommendation (as printed) was moved Cr Cook, seconded Cr Hayward.


matter.


That Council:

1. In accordance with the Planning and Development Act 2005 (as amended), hereby resolves to

grant development approval for Mixed Use Development (Multiple

Dwellings/Shops/Restaurant/Tavern) at Lot 505 (Development Site 1 Koombana North)

Koombana Drive, Bunbury, subject to the following conditions:

1.1 At all times, the development the subject of this planning approval must comply with

the definition of Multiple Dwellings/Shop/Restaurant/Tavern as contained in

Schedule 1 of the City of Bunbury’s Local Planning Scheme and/or State Planning

Policy 3.1 Residential Design Codes.

1.2 All development shall be in accordance with the approved development plans

(attached) which form part of this planning approval.

1.3 This planning approval will expire if the approved development has not substantially

commenced within two (2) years from the date of issue of the approval, or, within

any extended period of time for which the City of Bunbury has granted prior written

consent.

1.4 All works required to satisfy a condition of this approval are required to be installed /

constructed and maintained in accordance with the approved plans and conditions of

approval for the life of the development.

1.5 Before the development is occupied, external clothes drying facilities must be

provided for each dwelling in accordance with clause 5.4.5 of the State Planning

Policy 3.1 Residential Design Codes (the R-Codes). External clothes drying facilities

must be effectively screened from public view at all times and to the satisfaction of


1.6 Before the development is occupied, enclosed lockable storage areas, constructed in

a design and material matching the dwellings, with a minimum internal area of at

least 4m², must be provided onsite for each dwelling in accordance with clause 5.4.5

of the State Planning Policy 3.1 Residential Design Codes (the R-Codes) and to the

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1.7 Before the development is occupied, a minimum of 20 residential car parking bays

must be provided on the land the subject of this planning approval and to the


1.8 At all times, provision must be made onsite for the storage and collection of

commercial and residential garbage and other solid waste. A waste storage and

collection area must be graded, drained and screened from public view, and the

garbage collected regularly, to the satisfaction of the City of Bunbury. Details to be

submitted with the building permit application for the approval of the City of

Bunbury. Before the development is occupied, a Waste Management Plan must be

submitted to the specifications and satisfaction of the City of Bunbury, setting out

how both the residential and commercial land use components of the development

will be managed in terms of the storage and collection of domestic and commercial

waste.

1.9 Visual privacy screening shall be provided to the balcony sides as clouded red on the

amended plans and shall be at minimum 1.6m above finished floor level, at least 75%

obscure and made of durable material. The screening shall be installed prior to the

occupation of the dwellings and shall remain in place permanently unless otherwise

approved by the City of Bunbury.

1.10 Before the development is commenced, detailed design plans shall be prepared in

accordance with relevant Australian Standards, Austroad Guidelines, and City of

Bunbury requirements, for all access, car parking and pedestrian movement

requirements, to the specifications and satisfaction of the City of Bunbury. Once

plans are approved construction is to be in accordance with the approved plans and

be completed before the development is occupied.

1.11 Before the development is occupied, the access way, car parking and turning area

shall be constructed in accordance with the development approval to the

specifications and satisfaction of the City of Bunbury.

1.12 Before the development commences, a crossover permit must be obtained from the

City of Bunbury. Construction and maintenance of the crossover shall be in

accordance with the crossover permit.

1.13 Before the development is occupied, any alterations, relocation or damage of

existing infrastructure within the road reserve must be completed and reinstated to

the specifications and satisfaction of the City of Bunbury.

1.14 Before the development is occupied, line marking and parking signage must be

installed in accordance with the approved plans.

1.15 Before the development is occupied, lighting must be provided on site for the access

way(s), parking area(s) and turning area(s) to the specifications and satisfaction of

the City of Bunbury. Plans are to be submitted to the City of Bunbury for approval

prior to construction commencing.

1.16 Before the development commences, a damage bond to the value of $20,000 must

be paid to the City of Bunbury in accordance with the City of Bunbury’s Local

Planning Policy: Bonds.

1.17 A minimum of 1m³ of stormwater storage for each 65m² of impervious area must be

provided onsite in accordance with the City of Bunbury’s Information Guide –

Stormwater Disposal from Private, Commercial and Industrial Properties. Detailed

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design plans of proposed stormwater management must be submitted to the

specifications and satisfaction of the City of Bunbury for approval prior to the

development commencing, and be implemented in accordance with the approved

plan prior to the development being occupied.

1.18 Before the development is occupied, the stormwater management and drainage

system must be designed and constructed in accordance with the City of Bunbury’s

Information Guide – Stormwater Disposal from Private, Commercial and Industrial

Properties; and where able to, is to provide an overflow connection to the City of

Bunbury’s drainage network, to the specifications and satisfaction of the City of

Bunbury. Detailed design plans of the proposed stormwater management and

drainage system must be submitted for approval prior to the development

commencing.

1.19 Before the development is occupied, the following stormwater pollution control

devices must be integrated into the stormwater management and drainage system

to the specifications and satisfaction of the City of Bunbury:

(a) sediment trap/s;

(b) gross pollutant trap/s; and

Design details of the pollution control device are to be included with the stormwater

management plans submitted for approval.

1.20 Before the development is occupied, the property must be connected to the Water

Corporation reticulated sewerage system.

1.21 Before the development is commenced, a report must be prepared by a qualified

acoustic engineer, who is a member of the Australian Acoustical Society, detailing

the possible noise emissions from the subject development and comparing them to

relevant noise criteria. Should the predicted / measured results not comply with the

criteria, the report must detail appropriate actions and mitigation measures to be

undertaken to ensure that noise emissions do not contravene the provisions of the

Environmental Protection Act 1986 and the Environmental Protection (Noise)

Regulations 1997. The report is to be prepared at the cost of the owner/applicant

and must be submitted for the endorsement of the City of Bunbury’s Manager

Environmental Health Services. For more information about this requirement please

contact the City of Bunbury’s Environmental Health Services department on (08) 9792

7100. Before the development is occupied, the outcomes and recommendations of

the endorsed acoustic report must be implemented onsite to the satisfaction of the

City of Bunbury’s Manager Environmental Health Services.

1.22 Laundry facilities must be provided within all residential units in accordance with the

City of Bunbury Health Local Laws 2001.

1.23 An Acid Sulfate Soils Self-Assessment Form and, if required as a result of the self-

assessment, an Acid Sulfate Soils Assessment Report and an Acid Sulfate Soils

Management Plan shall be submitted to and approved by the Department of

Environment Regulation before any subdivision works or development are

commenced. Where an Acid Sulfate Soils Management Plan is required to be

submitted, all subdivision works shall be carried out in accordance with the approved

management plan.

CARRIED 8 Votes “for”/ Nil votes “against”

Cr Morris returned to the Chamber at 5:46pm

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10.21 Withers Public Access Ways (PAW) – Proposed Sale and Amalgamation (was listed as item 10.5.2

of the Council Agenda)

Applicant/Proponent: Withers Advisory Committee

Responsible Officer: Terri Stacpoole, Projects Officer

Executive: Gavin Harris, Director Works & Services

Attachments: Appendix DWS-2: - Withers Public Access Ways Overview Map

Summary

This report is to enable Council Officers to progress the permanent closure of five (5) public access

ways in Withers as per the Withers Action Plan.

The five public access ways are

1. Jacaranda Crescent to Wilkerson Way Lot 55 & 56 (D)

2. Whitley Place to Hudson Road Lot 55 (E)

3. Davenport Way to Open Space Lot 623 (G)

4. Littlefair Drive to Crews Court Lot 157 (H)

5. Whatman Way to Littlefair Drive Lot 156 (J)


That Council pursuant to the provisions of the Land Administration Act 1997.

1. Approves the closure of following public access ways for potential sale and amalgamation into

the adjoining property.

a. Jacaranda Crescent to Wilkerson Way Lot 55 & 56 (D)

b. Whitley Place to Hudson Road Lot 55 (E)

c. Davenport Way to Open Space Lot 623 (G)

d. Littlefair Drive to Crews Court Lot 157 (H)

e. Whatman Way to Littlefair Drive Lot 156 (J)

2. Request the Department of Lands sell the PAW land at a reduced nominal fee due to the

severity and ongoing anti-social behaviour and assist with associated surveying costs and fees

were possible.

3. Indemnifies the Minister for Lands against all costs associated with the closure and

amalgamation of the PAW.

Strategic Relevance



Background

The number one priority in the Withers Action Plan endorsed by Council in July 2011 was the

closure of laneways. The Withers Action Group identified ten (10) which were considered priority

laneways to be closed. This laneways were identified due to antisocial behaviour including drug

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offences (dealing and use), graffiti and use of the laneways to avoid police. The ten laneways were

endorsed for closure at Council’s meeting on 27 August 2013.


Council requested the Chief Executive Officer initiate action to commence the closure of the

following laneways in accordance with the request from Withers Action Group.

a. Davenport Way to Jacaranda Crescent Lot 624 (A)

b. Plowers Place to Moriarty Park Lot 605 (B)

c. Jacaranda Crescent to Whitley Place Lot 604 (C)

d. Jacaranda Crescent to Wilkerson Way Lot 55 & 56 (D)

e. Whitley Place to Hudson Road Lot 55 (E)

f. Whitley Place to Open Space Lot 55 (F)

g. Davenport Way to Open Reserve Lot 623 (G)

h. Littlefair Drive to Crews Court Lot 157 (H)

i. Lockwood Crescent to Craven Court Lot 55 (I)

j. Whatman Way to Littlefair Drive Lot 156 (J)

As a result of Public Consultation and outcomes of Withers Advisory Committee meetings, a report

was provided to the 1 April 2014 Council Meeting to endorse the closure of Five (5) of the ten (10)

laneways. The laneways were temporarily closed with fencing and in some cases gates to allow

access infrastructure located within the laneways. The fencing was funded by the Withers Action

Plan Reserve.


That Council authorises the closure of the following public access ways

1. Jacaranda Crescent to Whitley Place Lot 604 (C)

2. Jacaranda Crescent to Wilkerson Way Lot 55 & 56 (D)

3. Davenport Way to Open Space Lot 623 (G)

4. Littlefair Drive to Crews Court Lot 157 (H)

5. Whitley Place to Hudson Road Lot 55 (E)

The Withers Advisory Committee conducted further Public Consultation with the Withers

Community, which resulted in the addition of Whatman Way to Littlefair Drive (J) to the laneways

to be closed temporarily with fencing while the permanent closure process was undertaken.

The locations for the five (5) laneways are on the attached – Appendix DWS-2 Withers Public Access

Ways – Overview Map.


The Withers Advisory Committee has delegated authority to endorse recommendations or to

amend recommendations subject to conditions as per Council Decision 34/14.


Pedestrian access ways were originally established as part of land subdivision in accordance with

section 20A of the, then, Town Planning & Development Act 1928.

Section 87 of the Land Administration Act 1997 refers to the sale of Crown land for amalgamation

with adjoining land and that the Department of Lands undertakes formal sale and conveyancing of

the subject land.

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Section 52 of the Land Administration Act 1997 refers that the City is required to enter into public

consultation and advertise for a period of no less than 35 days should closure be endorsed.

Should closure of the public access way / drainage reserves be endorsed by Council it should be

noted that the Minister of Lands, not the City of Bunbury retains the final statutory discretion

under the powers contained in the Land Administration Act 1997.

Generally a public access way will only be considered for closure where it can be sold to the

adjoining land owners or reserved and vested in an appropriate agency for public utility purposes.

Officer Comments

Council Officers have contacted the adjoining property owners to PAWs D, E, G, H and J seeking

their consideration to purchase the adjoining public access way land and amalgamate into their

abutting lot. The property owners have indicated that they are willing to consider purchasing

dependant on purchase cost and associated fees which are determined by the Department of

Lands.

Public Access Way C – Jacaranda Crescent to Whitely Place has not been included in this report as

the Withers Local Area Plan which is currently open for Public Consultation recommends that this

laneway remain open. The closure of PAW C will be considered further upon the finalisation of the

Withers Local Area Plan.


All costs associated with permanent closures are to be funded from either the Withers Action Plan

Reserve Project PR-3888 Closure of Withers Laneways – Survey & Legal Costs and/or the adjoining

property owner whom is willing to purchase the PAW land.

Fees may include but are not limited to;

� Cost of Licensed Surveyor $1,000 - $4,000

� Valuer Generals Officer Valuation Fee $1,000 - $2,000

� Legal Costs (if required) $500 plus

� Landgate Document Creation $107

� Landgate Lodgement $160

� Easements (if required) $500 plus

� Relocation of Services (if required) $1,000 plus

� Removal of existing footpath (if required) $2,500 plus

� Purchase Price of Land Market or nominal value

On the grounds of anti-social and criminal behaviour the City may request that the Department of

Lands sell the portion of PAW land for a nominal fee rather than an agreed market value. The City

may also request that the Department of Lands consider paying for the associated survey costs and

property valuation fee. The request for a nominal fee and other costs is at the discretion of The

Department of Lands. For the Department of Lands to consider the closure of PAW there must be a

council resolution to indemnify the Minister of Lands against associated costs.

These public access ways are Crown owned with Management Orders to the City of Bunbury and as

such the City does not profit financially from the sale of the access ways.

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There have been several public consultations undertaken with the Withers community regarding

the closure of the public access ways. These have included letter box drops, public meetings, City

Focus and Facebook.

No objections have been received from service providers; however easements will be required to

be registered in D (Water Corporation), E (Water Corporation and Aqwest), H (Aqwest and ATCO

Gas) and J (ATCO Gas).


There are City of Bunbury Stormwater Infrastructure in PAW G and J. If the PAW are sold and

amalgamated, access to the City’s infrastructure can be maintained with registered easements

providing unrestricted access This is the same process for PAWs that contain other service

providers infrastructure.

The Withers Advisory Committee have been informed of the progress of the closure of laneways.




Cr Warnock declared an impartiality interest in the item and remained in chamber for the duration

of the discussion and the vote on the matter.

The recommendation (as printed) was moved Cr Hayward, seconded Cr McCleary.


matter.

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That Council pursuant to the provisions of the Land Administration Act 1997.

1.Approves the closure of following public access ways for potential sale and amalgamation into

the adjoining property.

a.Jacaranda Crescent to Wilkerson Way Lot 55 & 56 (D)

b.Whitley Place to Hudson Road Lot 55 (E)

c.Davenport Way to Open Space Lot 623 (G)

d.Littlefair Drive to Crews Court Lot 157 (H)

e.Whatman Way to Littlefair Drive Lot 156 (J)

2. Request the Department of Lands sell the PAW land at a reduced nominal fee due to the

severity and ongoing anti-social behaviour and assist with associated surveying costs and fees

were possible.

3. Indemnifies the Minister for Lands against all costs associated with the closure and

amalgamation of the PAW.

CARRIED


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11. Applications for Leave of Absence

Applicant/Proponent: Cr Kelly



Attachments: Nil.

Cr Kelly requests leave of absence from all Council-related business from 18 February 2016 to 7

March 2016 inclusive.

Section 2.25 of the Local Government Act 1995, allows a council to grant leave of absence to one of

its members provided that the period of leave does not exceed six (6) consecutive ordinary

meetings of the Council.



1. Cr Kelly is granted leave of absence from all Council-related business from 18 February 2016 to

7 March 2016 inclusive.

The recommendation (as printed) was moved Cr Jones, seconded Cr Hayward.


matter.


Pursuant to Section 2.25 of the Local Government Act 1995, Cr Kelly is granted leave of absence

from all Council-related business from 18 February 2016 to 7 March 2016 inclusive.

CARRIED


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12. Motions on Notice

Nil.

13. Questions on Notice

13.1 Response to Previous Questions from Members taken on Notice

Nil.

13.2 Questions from Members

Nil.

14. New Business of an Urgent Nature Introduced by Decision of the Meeting

Nil.

15. Meeting Closed to Public

15.1 Matters for which the Meeting may be Closed

Nil.

15.2 Public Reading of Resolutions that may be made Public

16. Closure

The meeting was declared closed at 5.47pm

Documents

Council Minutes 19012016 - City of Bunbury and Minutes... · 2019. 9. 3. · Administration Building, 4 Stephen Street, Bunbury on Tuesday, 19 January 2016 at 5.30pm. Minutes 19 January