agenda – public document 15 december 2017 · 2017-12-08 · 9.1 ordinary meeting of council held...

Agenda – Public Document 15 December 2017

Council Chambers, Onslow Shire Complex, Second Avenue,Onslow 1.00pm

The Shire of Ashburton 10 year Strategic Community Plan (2017-2027) provides focus, direction and represents the hopes and aspirations of the Shire.

STRATEGIC DIRECTIONS

1. Vibrant and Active Communities 2. Economic Prosperity 3. Unique Heritage and Environment 4. Quality Services and Infrastructure 5. Inspiring Governance

Our Vision We will embrace our unique Pilbara environment and lifestyle through the development of vibrant, connected and active communities that have access to quality services, exceptional amenities and economic vitality.

The Shire of Ashburton respectively acknowledges the traditional custodians of this land.

AGENDA - ORDINARY MEETING OF COUNCIL 15 DECEMBER 2017

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SHIRE OF ASHBURTON ORDINARY MEETING OF COUNCIL

AGENDA

Council Chambers, Onslow Shire

Complex, Second Avenue, Onslow 15 December 2017

1.00 pm


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SHIRE OF ASHBURTON

ORDINARY MEETING OF COUNCIL

Notice is hereby given that an Ordinary Meeting of Council of the Shire of Ashburton will be held on 15 December 2017 at the Council Chambers, Onslow Shire Complex, Second Avenue, Onslow commencing at 1:00 pm. The business to be transacted is shown in the Agenda. Dale Stewart ACTING CHIEF EXECUTIVE OFFICER

DISCLAIMER The recommendations contained in the Agenda are subject to confirmation by Council. The Shire of Ashburton warns that anyone who has any application lodged with Council must obtain and should only rely on written confirmation of the outcomes of the application following the Council meeting, and any conditions attaching to the decision made by the Council in respect of the application. No responsibility whatsoever is implied or accepted by the Shire of Ashburton for any act, omission or statement or intimation occurring during a Council meeting.


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1. DECLARATION OF OPENING........................................................................... 4 1.1 ACKNOWLEDGEMENT OF COUNTRY ............................................................................ 4

2. ANNOUNCEMENT OF VISITORS ...................................................................... 4 3. ATTENDANCE ................................................................................................... 4

3.1 PRESENT ........................................................................................................................... 4 3.1 APOLOGIES ....................................................................................................................... 4 3.2 APPROVED LEAVE OF ABSENCE ................................................................................... 4

4. QUESTION TIME ............................................................................................... 4 4.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ....................... 4 4.2 PUBLIC QUESTION TIME ................................................................................................. 4

5. APPLICATIONS FOR LEAVE OF ABSENCE .................................................... 5 6. DECLARATION BY MEMBERS ......................................................................... 5

6.1 DUE CONSIDERATION BY COUNCILLORS TO THE AGENDA ..................................... 5 6.2 DECLARATIONS OF INTEREST ....................................................................................... 5

7. ANNOUNCEMENTS BY THE PRESIDING MEMBER WITHOUT DISCUSSION 7 8. PETITIONS / DEPUTATIONS / PRESENTATIONS ............................................ 7

8.1 PETITIONS ......................................................................................................................... 7 8.2 DEPUTATIONS .................................................................................................................. 7 8.3 PRESENTATIONS ............................................................................................................. 7

9. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ............................... 7 9.1 ORDINARY MEETING OF COUNCIL HELD ON 21 NOVEMBER 2017. .......................... 7

10. AGENDA ITEMS ADOPTED "EN BLOC" .......................................................... 7 10.1 AGENDA ITEMS ADOPTED 'EN BLOC' ............................................................................ 7

11. OFFICE OF THE CEO REPORTS ...................................................................... 8 11.1 PROGRESS OF IMPLEMENTATION OF COUNCIL DECISIONS STATUS REPORT

FOR NOVEMBER 2017 ..................................................................................................... 8 11.2 USE OF COMMON SEAL AND ACTIONS PERFORMED UNDER DELEGATED

AUTHORITY FOR THE MONTH OF NOVEMBER 2017 ................................................. 10 11.3 REVIEW OF POLICY - ELM08 ORDER OF BUSINESS - ORDINARY COUNCIL

MEETING ......................................................................................................................... 12 12. STRATEGIC AND COMMUNITY DEVELOPMENT REPORTS ........................ 14 13. CORPORATE SERVICES REPORTS .............................................................. 14

13.1 MONTHLY FINANCIALS AND SCHEDULE OF ACCOUNTS PAID ................................ 14 13.2 2016/17 ANNUAL REPORT AND ANNUAL GENERAL MEETING OF ELECTORS ...... 18 13.3 AUDIT AND RISK COMMITTEE - ADOPTION OF RECOMMENDATIONS ................... 20

14. DEVELOPMENT AND REGULATORY SERVICES REPORTS ....................... 22 14.1 PROPOSED RENOVATIONS OF ROCKLEA PALMS WORKFORCE

ACCOMMODATION, PARABURDOO ............................................................................. 22 14.2 PLANNING SCHEME AMENDMENT NO.32 - CONVERSION OF EXISTING LOCAL

PLANNING SCHEME NO.7 ............................................................................................. 30 14.3 EXTENSION FOR USE OF ACCOMMODATION FOR TRANSIENT WORKFORCE

PURPOSES AT THEVENARD ISLAND ........................................................................... 44 15. INFRASTRUCTURE SERVICES REPORTS .................................................... 51 16. COUNCILLOR AGENDA ITEMS / NOTICES OF MOTIONS ............................ 51 17. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF

MEETING ......................................................................................................... 51 18. CONFIDENTIAL MATTERS ............................................................................. 51 19. NEXT MEETING ............................................................................................... 52 20. CLOSURE OF MEETING ................................................................................. 52


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1. DECLARATION OF OPENING The Presiding Member declared the meeting open at _____ pm.

1.1 ACKNOWLEDGEMENT OF COUNTRY

As representatives of the Shire of Ashburton Council, we respectfully acknowledge the local Indigenous people, the traditional custodians of this land where we are meeting upon today and pay our respects to them and all their elders both past and present.

2. ANNOUNCEMENT OF VISITORS The Presiding Member welcomed members of the public to the gallery.

3. ATTENDANCE

3.1 PRESENT Elected Members:

Cr K White Cr L Rumble Cr D Dias Cr P Foster Cr M Lynch Cr D Diver Cr L Thomas

Shire President, (Presiding Member) Onslow Ward Deputy Shire President, Paraburdoo Ward Paraburdoo Ward Tom Price Ward Tom Price Ward Tom Price Ward Tableland Ward

Staff: Mr D Stewart Mr J Bingham Ms A Serer Mr T Brokenshire Mr T Davis Ms J Smith

Acting Chief Executive Officer Director Corporate Services Director Strategic & Community Development Acting Director Development & Regulatory Services Director Infrastructure Services Executive Officer

Guests:

Members of Public:

There were ______ members of the public in attendance at the commencement of the meeting.

Members of Media:

There were ______ members of the media in attendance at the commencement of the meeting.

3.1 APOLOGIES

3.2 APPROVED LEAVE OF ABSENCE Cr Gallanagh and Cr Dellar have approved leave of absence.

4. QUESTION TIME 4.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE Nil

4.2 PUBLIC QUESTION TIME


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5. APPLICATIONS FOR LEAVE OF ABSENCE That Council approve the applications for leave of absence for the Ordinary

Meeting of Council being to be held on 16 January 2018 for the following Councillors:

Councillor White

6. DECLARATION BY MEMBERS

6.1 DUE CONSIDERATION BY COUNCILLORS TO THE AGENDA

Councillors are requested to give due consideration to all matters contained in the Agenda presently before the meeting.

6.2 DECLARATIONS OF INTEREST

Councillors to Note A member who has an Impartiality, Proximity or Financial Interest in any matter to be discussed at a Council or Committee Meeting, that will be attended by the member, must disclose the nature of the interest: (a) In a written notice given to the Chief Executive Officer before the Meeting or; (b) At the Meeting, immediately before the matter is discussed. A member, who makes a disclosure in respect to an interest, must not: (a) Preside at the part of the Meeting, relating to the matter or; (b) Participate in, or be present during any discussion or decision-making

procedure relative to the matter, unless to the extent that the disclosing member is allowed to do so under Section 5.68 or Section 5.69 of the Local Government Act 1995.

NOTES ON DECLARING INTERESTS (FOR YOUR GUIDANCE)

The following notes are a basic guide for Councillors when they are considering whether they have an interest in a matter.

These notes are included in each agenda for the time being so that Councillors may refresh their memory.

1. A Financial Interest requiring disclosure occurs when a Council decision might advantageously or detrimentally affect the Councillor or a person closely associated with the Councillor and is capable of being measure in money terms. There are exceptions in the Local Government Act 1995 but they should not be relied on without advice, unless the situation is very clear.

2. If a Councillor is a member of an Association (which is a Body Corporate) with not less than 10 members i.e. sporting, social, religious etc), and the Councillor is not a holder of office of profit or a guarantor, and has not leased land to or from the club, i.e., if the Councillor is an ordinary member of the Association, the Councillor has a common and not a financial interest in any matter to that Association.

3. If an interest is shared in common with a significant number of electors or ratepayers, then the obligation to disclose that interest does not arise. Each case needs to be considered.


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4. If in doubt declare.

5. As stated in (b) above, if written notice disclosing the interest has not been given to the Chief Executive Officer before the meeting, then it MUST be given when the matter arises in the Agenda, and immediately before the matter is discussed.

6. Ordinarily the disclosing Councillor must leave the meeting room before discussion commences. The only exceptions are:

6.1 Where the Councillor discloses the extent of the interest, and Council carries a motion under s.5.68(1)(b)(ii) or the Local Government Act; or

6.2 Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act, with or without conditions.

Declarations of Interest provided:

Item Number/ Name

Type of Interest

Nature/Extent of Interest

14.1 PROPOSED RENOVATIONS OF ROCKLEA PALMS WORKFORCE ACCOMMODATION, PARABURDOO

Cr Rumble Indirect

Financial

The nature of my interest is share holder.

The extent of my interest is share holder

greater than $10,000.

Cr Dias Indirect

Financial

The nature of my interest is that my wife

and I are employees, tenants and share

holders of the applicant.

The extent of my interest indirect

financial.

Cr Foster Indirect

Financial

The nature of my interest is that my

partner is an employee of Rio Tinto and

owns Rio Tinto shares.

The extent of my interest is that my

partner receives a wage from Rio Tinto,

dividends from shares and as a family we

live in a Rio Tinto property paying less

than market rent.

Cr Lynch Financial The nature of my interest is I am

employed by Pilbara Iron.

The extent of my interest is that I am paid

a salary by Pilbara Iron.

Cr Diver Financial The nature of my interest is that I am an

employee of Rio Tinto.

The extent of my interest is that I receive

a salary from Rio Tinto. I have no shares

in Rio Tinto.


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7. ANNOUNCEMENTS BY THE PRESIDING MEMBER WITHOUT DISCUSSION

8. PETITIONS / DEPUTATIONS / PRESENTATIONS

8.1 PETITIONS

8.2 DEPUTATIONS Drew Norrish, Chief Executive Officer from Mackerel Islands Pty Ltd will be

presenting a deputation on the Development Application of an extension of 5 years for Chevron to use some of the tourist accommodation for certain times and non-tourism purposes.

8.3 PRESENTATIONS Nil

9. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

9.1 ORDINARY MEETING OF COUNCIL HELD ON 21 NOVEMBER 2017.

Officer Recommendation That the Minutes of the Ordinary Meeting of Council held on 21 November 2017, as previously circulated on 24 November 2017, be confirmed as a true and accurate record.

10. AGENDA ITEMS ADOPTED "EN BLOC"

10.1 AGENDA ITEMS ADOPTED 'EN BLOC'

The following information is provided to Councillors for guidance on the use of En Bloc voting as is permissible under the Shire of Ashburton Standing Orders Local Law 2012:

“Part 5 – Business of a meeting Clause 5.6 Adoption by exception resolution:

(1) In this clause ‘adoption by exception resolution’ means a resolution of the Council that

has the effect of adopting, for a number of specifically identified reports, the officer recommendation as the Council resolution.

(2) Subject to subclause (3), the Local Government may pass an adoption by exception

resolution.

(3) An adoption by exception resolution may not be used for a matter; (a) that requires a 75% majority or a special majority; (b) in which an interest has been disclosed; (c) that has been the subject of a petition or deputation; (d) that is a matter on which a Member wishes to make a statement; or (e) that is a matter on which a Member wishes to move a motion that is different to the

recommendation.”


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11. OFFICE OF THE CEO REPORTS

11.1 PROGRESS OF IMPLEMENTATION OF COUNCIL DECISIONS STATUS REPORT FOR NOVEMBER 2017

FILE REFERENCE: GV04 AUTHOR’S NAME AND POSITION:

Michelle Lewis CEO & Councillor Support Officer

AUTHORISING OFFICER AND POSITION:

Dale Stewart Acting Chief Executive Officer

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 28 November 2017 DISCLOSURE OF FINANCIAL INTEREST:

The author and authorising officer have no financial, proximity or impartiality interests in the proposal.

PREVIOUS MEETING REFERENCE:

Agenda Item 10.1 (Minute: 11477) - Ordinary Meeting of Council 10 April 2013.

Summary The purpose of this agenda item is to report back to Council on the progress of the implementation of Council decisions.

Background The best practice in governance supports the regular review of Council decisions to ensure that they are actioned and implemented in a timely manner. Comment Wherever possible, Council decisions are implemented as soon as practicable after a Council meeting. However there are projects or circumstances that mean some decisions take longer to action than others. This report presents a summary of the “Decision Status Reports” for Office of the CEO, Corporate Services, Infrastructure Services, Strategic & Economic Development, Community Development and Development & Regulatory Services.

ATTACHMENT 11.1 Consultation Acting Chief Executive Officer Executive Management Team


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Statutory Environment Section 2.7 of the Local Government Act 1995 states: “Role of council” (1) The council — (a) governs the local government’s affairs; and (b) is responsible for the performance of the local government’s functions. (2) Without limiting subsection (1), the council is to — (a) oversee the allocation of the local government’s finances and resources; and (b) determine the local government’s policies.”

The above section of the Act notwithstanding, there is no specific legal requirement to present such a report to Council or for Council to receive or consider such a report. Given it is always ‘received’, it could simply be provided to elected members via weekly or monthly updates, such as in the weekly Information Bulletin. The decision to retain the report in the Council’s monthly agenda is entirely Council’s prerogative. Staff acknowledge the critical and ongoing nature of the document, in that Council ‘speaks by resolution’. Financial Implications Not Applicable Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2017-2027 Goal 5 – Inspiring Governance Objective 4 – Exemplary Team and Work Environment Risk Management This item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low” risk and can be managed by routine procedures, and is unlikely to need specific application of resources. Policy Implications Not Applicable Voting Requirement Simple Majority Required Officers Recommendation That Council receive the “Council Decisions Status Reports” for the month of November 2017 as per ATTACHMENT 11.1.


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11.2 USE OF COMMON SEAL AND ACTIONS PERFORMED UNDER DELEGATED AUTHORITY FOR THE MONTH OF NOVEMBER 2017

FILE REFERENCE: GV21 CM02

AUTHOR’S NAME AND POSITION:

Janyce Smith Executive Officer

Sheree Selton Administration Assistant Planning




Not Applicable




Not Applicable

Summary The purpose of this agenda item is to report to Council for information, use of the Common Seal, actions performed under delegated authority requiring referral to Council and a copy of the Tender Register, for the month of November 2017.

Background Council has historically sought a monthly update of the more significant activities for the organisation relative to (1) use of the Common Seal, and (2) actions performed under delegated authority requiring referral to Council as per the Shire of Ashburton Delegated Authority Register 2017. Comment A report on use of the Common Seal, relevant actions performed under delegated authority and the Tender Register has been prepared for Council.

ATTACHMENT 11.2A ATTACHMENT 11.2B

Consultation Relevant officers as listed in the Attachment. Statutory Environment Local Government Act 1995 Clause 9.3 of the Shire of Ashburton Town Planning Scheme No. 7


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Delegated Authority Register 2016 Financial Implications As outlined in Attachment 11.2. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2017-2027 Goal 5 – Inspiring Governance Objective 4 – Exemplary Team and Work Environment Risk Management This item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low” in light of the report being for information purposes only and the risk and can be managed by routine procedures, and is unlikely to need specific application of resources. Policy Implications ELM 13 – Affixing the Shire of Ashburton Common Seal FIN12 – Purchasing and Tendering Policy Voting Requirement Simple Majority Required Officers Recommendation That Council receive the reports relating to: 1. The use of the Common Seal as per ATTACHMENT 11.2A; and 2. Actions performed under delegated authority for the month as per ATTACHMENT 11.2A;

and 3. The Tender Register as per ATTACHMENT 11.2B.


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11.3 REVIEW OF POLICY - ELM08 ORDER OF BUSINESS - ORDINARY COUNCIL MEETING

FILE REFERENCE: GV20 AUTHOR’S NAME AND POSITION:

Janyce Smith Executive Officer




Not Applicable




Agenda Item 19.2 (Minute No. 222/2017) – Ordinary Meeting of Council 15 August 2017

Summary It is recommended to change two components of the Order of Business Policy such that;

Corporate Services Reports move from item number 13 to item number 12 on the Ordinary Council Meeting agenda; and

Adding reference to the existing standing item report relating to use of delegations such as applying the common seal.

Background The policy ELM08 has recently been reviewed as part of a Directorate structure review considered at the Ordinary Meeting of Council held on 15 August 2017. Following endorsement of the concept at the Executive Management of the Shire, the Acting Chief Executive Officer suggests that the order of business be changed so that financial reports be considered before directorate reports, such that subsequent reports that may have budget variation implications, might be more easily addressed during consideration of the monthly financial report. The policy ELM08 is now presented to Council for consideration and recommendation for adoption.

ATTACHMENT 11.3 Comment Two minor changes are suggested to the policy ELM08. It is recommended that the Order of Business be amended to include Corporate Services items at number 12 of the Ordinary Council Meeting Agenda. This will ensure Corporate


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Service items, in particular the financial matters, or budget variations recommended can be dealt with more proficiently. In addition, item 11.2 under Office of the CEO Reports is added to reflect current practice with the addition of the following standing report;

Use of Common Seal and Certain Actions Performed under Delegated Authority (required by Council to be reported each month pursuant to the Delegation Register).

Consultation Acting Chief Executive Officer Executive Management Team Statutory Environment The Local Government Act 1995 Section 2.7(2)(b) of the Local Government Act 1995 states that the Council is to determine the local government’s policies. Financial Implications There are no financial implications for this matter. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2017-2027 Goal 05 – Inspiring Governance Objective 03 – Council Leadership Objective 04 – Exemplary Team and Work Environment Risk Management Adoption of this item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low Risk: Managed by routine procedures, unlikely to need specific application of resources”. Policy Implications Amendment to Policy ELM08 – Order of Business – Ordinary Council Meeting. Voting Requirement Simple Majority Required Officers Recommendation That with respect to Policy EML08 – Order of Business – Ordinary Council Meeting, Council

adopt the amended policy as per ATTACHMENT 11.3.


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12. STRATEGIC AND COMMUNITY DEVELOPMENT REPORTS There are no Strategic and Community Development Reports for this agenda

13. CORPORATE SERVICES REPORTS

13.1 MONTHLY FINANCIALS AND SCHEDULE OF ACCOUNTS PAID

FILE REFERENCE: FM03 AUTHOR’S NAME AND POSITION:

Kerry Fisher Finance Manager


John Bingham Director Corporate Services


Not Applicable




Not Applicable

Summary In accordance with Regulation 34 of the Local Government (Financial Management) Regulations, the Shire is to prepare a monthly Statement of Financial Activity for consideration by Council. The Financial Reports for November are presented with comments on variances, actuals to 2017/18 Budget amounts. A Capex tracker is also presented.

Background Regulation 34 of the Local Government (Financial Management) Regulations requires the Shire to prepare a monthly statement of Financial Activity for Consideration by Council. Comment Capital expenditure continues to remain lower than year to date budget due to the profile of budgeted amounts across monthly periods as well as project delivery. The notes in the ‘Report on Significant Variances’ identify and provide further commentary on the material variances for each project as well as operational revenue and expenditure at program level. A reminder when looking at the November statements is that depreciation expense is not posted to the accounts


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GL/Job No.

General Ledger Description

Current Budget

Variation Amount

Revised Budget

Reason

072353 Mosquito Control Subsidy

(19,154) 8,733 (10,421)

Department of Health has

approved less than 17/18

budgeted amount.

W030 Mosquito Control (CLAG)

38,308 (8,733) 29,575

Corresponding decrease in

expenditure to match funding

reduction.

18064 Onslow Refuse Site Generator

0 17,188 17,188

Breakdown of generator requires

replacement not maintenance –

new Asset Renewal account

required.

W238 Works Program -Waste Transfer Station - Onslow

442,572 (17,188) 425,384

Forecasts estimates to 30

June for maintenance

indicates that the account can

accommodate the purchase of the

replacement generator, but to

the correct account as

indicated above (such that it is highlighted for

capitalisation in the asset register).

It is recommended that the required budget variations to the Current Budget for 2017/2018 as outlined below be approved. Consultation Acting Chief Executive Officer Director Corporate Services Executive Management Team Management Reporting Coordinator Finance Team


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Statutory Environment Section 6.4 Local Government Act 1995, Part 6 – Financial Management, and regulation 34 Local Government (Finance Management) Regulation 1996. The Local Government Act 1995 Part 6 Division 4 s 6.8 (1) requires the local government not to incur expenditure from its Municipal Fund for an additional purpose except where the expenditure – (b) Is authorised in advance by resolution* “Additional purpose” means a purpose for which no expenditure estimate is included in the local government’s annual budget. *requires an absolute majority of Council.

Financial Implications Financial implications and performance to budget are reported to Council on a monthly basis. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2017-2027 Goal 5 – Inspiring Governance Objective 4 – Exemplary Team and Work Environment Risk Management This item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered “Low” risk and can be managed by routine procedures, and is unlikely to need specific application of resources. The predominant strategic financial risk that the Council still faces is the pending formal objections to the valuation on the Wheatstone Plant and Barrow Island Plant. The formal objection to the Wheatstone Plant refers to 2016/17 and 2017/18 valuations whilst the Barrow Island objection was made in November 2017. Wheatstone is Assessment No. A51628 and has an Unimproved Valuation (UV) of $17,593,500 with rates levied for 2017/18 of $6,728,933. Barrow Island is Assessment No. A6413 and has a UV of $13,808,000 with rates levied for 2017/18 of $5,281,104. In Chevron’s objection their submitted opinion as to the correct UV’s for the two properties are: (i) Wheatstone $6,572,500; and (ii) Barrow Island $2,612,500. Should the objections lead to a State Administrative Tribunal appeal and the decision be unfavourable to Council the maximum quantum of liability will be around $8.5m based on the abovementioned. To mitigate any risk with this formal objection that may lead to a SAT appeal, the Council retains a cash backed Financial Risk Reserve with a forecast balance at the end of the financial year (subject to no adverse appeals) of $6.5m. This major risk is categorised as potentially extreme on the Council’s adopted risk management framework and thresholds due to the potential risk being greater than $5m of current year and a comparable amount to future revenues. Council will not know the result of this appeal until early to middle 2018. Policy Implications There are no policy implications for this matter.


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Voting Requirement Absolute Majority Required Officers Recommendation That with respect to the Monthly Financial Report to Council: 1. Receive the Financial Report for November 2017 ATTACHMENT 13.1A; and 2. Receive the Capital Expenditures Progress Tracker for November 2017 ATTACHMENT

13.1B; and 3. Receive the Budget Amendment Register as at 31 November 2017 ATTACHMENT

13.1C; and 4. Receive the Schedule of Accounts and Credit Card paid in November 2017 (approved by

the Acting Chief Executive Officer in accordance with delegation DA03-1 Payments from Municipal Fund and Trust Funds) ATTACHMENT 13.1D; and

5. Receive the Reconciliation Report for November 2017 ATTACHMENT 13.1E; and 6. Approve budget variations for the 2017/18 Budget as outlined below:

a) Decrease Income Account 072353, Mosquito Control Subsidy by $8,733, from $19,154 to $10,421; and

b) Decrease Expenditure Job W030, Works Program Mosquito Control by $8,733, from $38,308 to $29,575; and

c) Increase Expenditure Account 18064, Onslow Refuse Site Generator by $17,188, from $0 to $17,188; and

d) Decrease Expenditure Job W238, Works Program Waste Transfer Station Onslow by $17,188, from $442,572 to $425,384; and

e) Note that the Budgeted Surplus positon carried forward (net current assets position) forecast as at 30 June 2018, remains at $1,500,000.


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13.2 2016/17 ANNUAL REPORT AND ANNUAL GENERAL MEETING OF ELECTORS

FILE REFERENCE: RV01 AUTHOR’S NAME AND POSITION:





Not Applicable

DATE REPORT WRITTEN: 7 December 2017 DISCLOSURE OF FINANCIAL INTEREST:



Not Applicable

Summary The Local Government Act 1995 (“the Act”) requires that Council accepts the draft Annual Report for 2016/17, including the Financial and Auditors Report, no later than 31 December or within two months of the Auditor’s Report becoming available if that is not received prior to 31 December 2017. The Auditor’s Report was received on 1 December 2017. The Audit and Risk Committee are scheduled to meet with the Auditor on 15 December 2017 and officers have recommended to the Committee, and the Council, the acceptance of the 2016/17 Independent Audit Report. The Council is also required to select a date, time and venue for the Annual General Meeting of Electors.

Background Under section 5.53 of the Act, the Shire is required to prepare an Annual Report for each financial year. The report is to contain:

A report from the Shire President and the Acting Chief Executive Officer;

An overview of the Plan for the Future, including any major initiatives that are proposed to commence or continue in the next financial year;

The 2016/17 Financial Report;

The 2016/17 Auditor Report;

Prescribed information in relation to payments made to employees; and

Any other prescribed information. The draft Annual Report for 2016/17 is in the process of being finalised and will be available under separate cover prior to the December Council meeting.


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Council is also requested to give consideration to determining the date, time and location of the Annual General Meeting (AGM). The meeting must be held within 56 days from the date Council accepts the Annual Report and Financial Statements. If Council accepts the Annual Report at this meeting the latest possible date for the AGM is Friday 9 February 2018. Comment The Audit and Risk Committee will meet with the Auditor on 15 December 2017 and staff have recommended to the Committee that they and the Council accept the 2016/17 Annual Report.

ATTACHMENT 13.2 PROVIDED UNDER SEPARATE COVER

It is recommended the Annual Report be considered by the electors of the Shire at the AGM to be held immediately following with the 16 January 2018 Ordinary Meeting of Council in Tom Price commencing at 4.00 pm. Consultation Acting Chief Executive Officer Finance Team Statutory Environment Sections 5.27, 5.29, 5.53 and 5.54 of the Act. Financial Implications The financial implications are detailed in the Annual Financial Report. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2017-2027 Goal 5 – Inspiring Governance Objective 3 – Council Leadership Objective 4 – Exemplary Team and Work Environment Risk Management Adoption of this item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low”, can be managed by routine procedures, and are unlikely to need specific application of resources. Policy Implications There are no policy implications. Voting Requirement Absolute Majority required for acceptance of the Annual Report. Officers Recommendation That with respect to the 2016/17 Annual Report, Council: 1. Accept the 2016/17 Annual Report per ATTACHMENT 13.2; 2. Hold the Annual General Meeting of Electors on Tuesday 16 January 2018 commencing

at 4.00pm at the Clem Thompson Sports Pavilion, Tom Price; and 3. Advertise the 2016/17 Annual Report and Annual General Meeting of Electors giving at

least 14 days local public notice in accordance with section 5.29 of the Local Government Act 1995.


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13.3 AUDIT AND RISK COMMITTEE - ADOPTION OF RECOMMENDATIONS

FILE REFERENCE: RV01 AUTHOR’S NAME AND POSITION:





Not Applicable




Not Applicable

Summary The Audit and Risk Committee is meeting on the morning of the Council meeting. The purpose of this agenda item is to allow the recommendation(s) to that Committee to progress in a timely manner.

Background Nil Comment The early adoption of the Audit and Risk Committee recommendation will enable the adoption of the Annual Report and scheduling of the annual electors meeting. Consultation Audit and Risk Committee Acting Chief Executive Officer Director Corporate Services Finance Team Statutory Environment Section 7.3. Local Government Act 1995 - Appointment of auditors Regulation 17 Local Government Audit Regulations 1996. Local Government Operational Guidelines Number 09 - Audit in Local Government – Revised September 2013. Financial Implications Any associated costs for Auditor services are provided for in the 2017/18 Annual Budget.


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Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2017-2027 Goal 5 – Inspiring Governance Objective 3 – Council Leadership Objective 4 – Exemplary Team and Work Environment Risk Management Adoption of this item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low”, can be managed by routine procedures, and are unlikely to need specific application of resources. Policy Implications There are no policy implications. Voting Requirement Absolute Majority Required Officers Recommendation That Council endorse the following Audit and Risk Committee recommendations - 1. (to be inserted following the completion of the Audit and Risk Committee meeting): 2. …


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14. DEVELOPMENT AND REGULATORY SERVICES REPORTS

14.1 PROPOSED RENOVATIONS OF ROCKLEA PALMS WORKFORCE ACCOMMODATION, PARABURDOO

FILE REFERENCE: ASH.0061 AUTHOR’S NAME AND POSITION:

Andrew Davis Principal Town Planner


Lee Reddell Director Development and Regulatory Services


Taylor Burrell Barnett Town Planning and Design on behalf of Rio Tinto




Not Applicable

Summary The Shire has received an application for development approval from Taylor Burrell Barnett Town Planning and Design on behalf of their client, Rio Tinto (RTIO), for the renovation and upgrade of three of the existing accommodation blocks (A, D, and E) at the Rocklea Palms Workforce Accommodation Village, located at Lot 61 Ashburton Avenue, Paraburdoo. The application proposes the internal renovation of the three accommodation blocks, transitioning from single rooms with shared ablutions and internal access to single ensuite rooms with external access from new balconies and external stairs or ground floor walkways. The proposed works will standardise accommodation across the Rocklea Palms facility. The Shire of Ashburton Town Planning Scheme No. 7 (TPS7) zones the subject land ‘Residential’ with an applied density code of ‘R50’. The use ‘Transient Workforce Accommodation’ is listed as a discretionary use on the TPS7 zoning table, meaning the use is not permitted unless the local government grants development approval. This application could be determined under delegated authority, however given the sensitivity accorded to workforce accommodation development, the application is referred to Council for determination.

Background Proposed Development This application proposes the internal renovation of three of the two-storey accommodation blocks (Blocks A, D, and E) at Rocklea Palms ATTACHMENT 14.1A, removing the internally-accessed rooms, shared ablution facilities, and internal stairs and access corridors. The old internal layout ATTACHMENT 14.1B will be replaced with single, ensuite rooms ATTACHMENT 14.1C that are accessed from new balconies and external stairs, or from new verandahs for the ground floor rooms ATTACHMENT 14.1D.


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In addition, existing footpaths will be modified around these three buildings to match existing paths, and two-metre wide landscaping strips installed to those facades facing public roads ATTACHMENT 14.1E. The building modifications will increase Rocklea Palms maximum capacity by 108 rooms, increasing the current maximum capacity from 411 to 519 rooms. Due to the different internal building arrangements, each of the three buildings will increase from 20 to 56 rooms, including two universal access rooms located on the ground floor, laundry, locker room, and cleaner’s room. In the supporting information submitted with the application, RTIO justify the need for the increased capacity at Rocklea Palms noting the advantages of housing maintenance and shutdown workers close to site in order to reduce travel times, particularly when working longer shifts. As presented during their deputation at Council’s Ordinary Meeting on 21 November 2017, changes to RTIO’s maintenance schedules have increased their requirement for short periods of peak accommodation demand that are beyond the town’s capacity without this proposed upgrade. RTIO also note that the increased capacity at Rocklea Palms will reduce their reliance on Kurra Kulli and the caravan park, and will reduce the need to transport workers from Tom Price accommodation facilities. As stated during their presentation at the November meeting, transporting workers from Tom Price to Paraburdoo during periods of high occupancy has been a necessary but undesirable logistical solution as this adds significantly to downtime and reduces overall productivity. Planning History Developed prior to Paraburdoo’s normalisation as a gazetted town, Rocklea Palms has no initial planning approval, however the site is subject to a number of relevant subsequent approvals including:

20 November 2015 (Application 15-69): New gym, recreation, and ablutions approved under delegated authority.

5 October 2012 (DAP 12/01030) (Shire Ref: 20120582): 244 accommodation units , gym,

transit facility, mess hall expansion & car parking approved by Pilbara JDAP (not acted on).

14 May 2012 (Application 20110146): eight, two-storey TWA buildings (comprising 244 accommodation units). Determined under delegation (not acted on).

23 August 2011 (Application 20110164): Communal lounge, gymnasium & ablutions facilities (public accessible).

27 April 2010: (Application 20080374) 14 x 6 room accommodation units and laundry facility approved by Council.

2 September 2004 (Agenda Item 13.09.280): modifications to three accommodation buildings to convert to single ensuite rooms approved by Council (similar to current application).

The site is currently developed with 411 rooms and associated facilities including:

194 car parking bays configured in five separate carparks;

Ablution facilities;

Outdoor recreation facilities including swimming pool and BBQ area;

Indoor recreation facilities;

Laundry facilities;

A function centre;

Bike storage area; and

Storage facilities.


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Rocklea Palms Concept Plan The site is generally developed in accordance with the Rocklea Palms Concept Plan ATTACHMENT 14.1F that was considered by Council at its Ordinary Meeting on 21 March 2012, although Accommodation Block A has not been demolished as previously intended, and the additional 244 rooms approved in May and October 2012 have not been constructed. While it was intended that this Concept Plan be adopted as a Local Planning Policy, there is no evidence that the Plan was advertised as required under the Scheme, and accordingly, it has not been included in the Shire’s suite of Local Planning Policies. The Rocklea Palms Concept Plan will be considered as part of the Shire’s comprehensive review of its Local Planning Policies, and a recommendation regarding this proposed policy will be included in a subsequent report. The Rocklea Palms Concept Plan outlines the key principles to be considered when assessing ongoing development of the site. Each of these principles is listed below, along with a brief assessment of the proposed development in this context. Movement The proposed internal renovations of the three accommodation blocks has no significant impact on the principles outlined in the Concept Plan, as the internal movements within the building are not relevant, and the increase in accommodation is not considered likely to adversely impact traffic movements either within the site, or on the town’s transport network. No additional parking or internal roads are proposed. Accommodation and Built Form The Concept Plan acknowledges the potential need to increase the accommodation capacity in response to RTIO’s expansion needs, and anticipates the replacement of existing buildings with new construction. Those principles relating to new construction are largely irrelevant to this application, although statements requiring activation of streetscape, energy efficient design, universal access, and consideration of light, noise, and traffic impacts should be considered. The construction of balconies to the three subject accommodation blocks could be assessed as contributing to the streetscape, as this presents a higher level of integration both within, and to a lesser extent, to the public street. This impact is largely negated however as Block H is the only block that is presenting a view to a public road. Workers residing in the facility are also unlikely to spend a great deal of time enjoying balcony views in available recreation time. It is also noted that, as this application primarily proposes internal works to existing buildings, there is limited ability to implement energy efficient design. It is also noted that universal access is a matter addressed under separate legislation (National Construction Code), and not assessed as a planning matter. Communal Facilities The Concept Plan recommends the expansion of mess and other communal facilities that interact with open spaces on the site. These should be located centrally, and promote a community atmosphere that integrates with the surrounding neighborhood. This application does not propose the construction of additional communal facilities, with the developer determining that these are not required to service the additional housing capacity. The applicant has submitted a landscaping plan as part of the proposal, with two-metre wide landscaping strips proposed around those portions of Block A and H facing a public road, and along the north and east face of the recreation centre. This landscaping would further soften the impact of the existing buildings on the public realm, presenting a more aesthetic façade to


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the facility. Open Space The works proposed in this application will not impact either resident or public access through the site, and realigned footpaths will improve pedestrian movement legibility. While limited, the proposed landscaping will improve the visual amenity of the site, partially screening existing buildings. Conclusion If approved, this application for development approval either meets or does not compromise the principles outlined in the Rocklea Palms Concept Plan. Town Planning Scheme No. 7 Assessment TPS7, clause 6.9 requires that Transient Workforce Accommodation be assessed under the Residential Design Codes however, given that this application is for predominantly internal works that have little impact on amenity and will not change the overall use of the site, apart from car parking numbers, no assessable elements from the R Codes may be applied to this assessment. TPS7 sets the minimum number of car parking bays at:

Two per every three sleeping units, plus one oversized vehicle parking bay per every 10 sleeping units (minimum two bays), plus at Local Government’s discretion the provision of oversized vehicle bays.

Based on the application increasing the number of rooms to 519, this calculation would require 346 parking bays, with 52 oversized bays. As noted earlier, the development currently provides 194 bays, a shortfall of 152 normal and 52 oversized bays. TPS7, clause 6.17.5 allows for the approval of a development with a reduced number of bays, provided this does not lower safety standards. Given that the car parks at Rocklea Palms are not observed to reach maximum capacity, and that it is in RTIO’s interests to both restrict the number of private vehicles on site, and closely manage those that are parked at the facility, it is not proposed to require the construction of additional car parks at this time. A condition is included in the Officer’s recommendation requiring that all parking is contained on site, and this condition is considered adequate to ensure the Shire can require the construction of additional bays should this become necessary in the future. Local Planning Policy 13 – Transient Workforce Accommodation Given that Rocklea Palms is an existing, approved facility, only limited elements from this local planning policy apply. An assessment of these elements is listed below. LPP 13 clearly states that Council does not support the fly in/fly out (FIFO) workforce model prevalent in the Pilbara region. Notwithstanding, the Policy clearly states that there are instances where FIFO is a necessary accommodation model, and LPP 13 sets out where this may be considered, and establishes development parameters for camp developers. As it is located within the Paraburdoo townsite, LPP 13 defines Rocklea Palms as a ‘Type A’ camp. LPP 13 does set a maximum size for Type ‘A’ camps of 200 rooms, and this application may be considered inconsistent with the Policy in that it proposes increasing capacity from 411 to


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519. It is noteworthy that this proposal does not include new buildings, and involves reconfiguring existing buildings into a more efficient floorplan and increasing the standard of accommodation. It is also noted that the Shire and the Pilbara JDAP have previously approved the increase in size of the accommodation facility. This application includes additional landscaping, as required as a policy provision that requires such landscaping to be installed within 30 days of building construction. A condition is included in the Officer’s recommendation ensuring compliance with this provision. While the Policy requires the developer install uniform boundary fencing, this is not proposed, and would impose a significant adverse amenity impact on the overall development. It is noted that the site is currently unfenced, with no evidence that boundary fencing has ever been installed. Given the potential for significant impacts on local communities by the development of transient workforce accommodation, LPP 13 recommends advertising of any such proposal. In this instance, notwithstanding that the proposal would increase the maximum capacity of the camp from 411 to 519 persons (a 40% increase), the nature of residents working shifts means that it is unlikely to have a noticeable adverse impact on the local community. It is also noted that the facility will not remain constantly at capacity, and that those workers housed in the renovated buildings would otherwise be housed in other workforce accommodation. Approving this application would therefore be unlikely to have any net impact on the numbers of transient workers housed in or near Paraburdoo. With regard to overall density, LPP 13 sets an acceptable limit of 100 persons per hectare. As Lot 61 comprises over 6.6 hectares, the proposed increase to 519 beds fits within this threshold. The Policy sets standards for a number of elements subject to separate legislation such as water supply, effluent disposal, laundry facilities, and emergency services that are not assessed as these elements are regulated through other legislation that takes precedence over the planning approval. In making this application, RTIO note that they maintain a corporate commitment to utilising residential workforce where possible, further noting that their Paraburdoo residential refurbishment program has resulted in 21 dwellings renovated, or scheduled to be renovated over the period 2016 – 2017. RTIO also note that recent recruiting has reduced the number of vacant dwellings available in Paraburdoo. With an overall commitment to maintaining as strong a residential workforce as operationally possible, and as far as the employment market will tolerate, this application is considered to fit within the specific provisions or general intent of the Rocklea Palms Concept Plan, LPP13, and TPS7. As demonstrated during their presentation to Council’s November Ordinary Meeting, RTIO are maintaining a high occupancy rate in their housing stock, and have committed to engaging more regularly with the Shire with regard to an overall housing and accommodation strategy. Comment This application proposes the renovation and modernizing of Rio’s existing workforce accommodation facility in Paraburdoo, bringing it to a standard (i.e. ensuite single rooms with no shared ablution facilities) that is expected in the mining industry for town-based accommodation.


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In particular, the shared ablution faculties and access corridors and stairs provide an inappropriate standard of accommodation, with reasonable concerns regarding privacy. In this regard, Rio have advised that the buildings subject to this application are restricted to use by male employees only, restricting their flexibility of use. While a 100% residential workforce is an ideal situation from the Shire’s perspective, it should be acknowledged that small, regional towns do not provide the population base required to meet the numbers of workers required to maintain large mining operations, particularly during the large surges experienced during major construction and maintenance or “shut down” projects. Given that transient workforce accommodation is a necessary aspect to mining operations, it is good planning practice to ensure as many temporary workers are housed within an urban area as possible, providing as normal a lifestyle as possible, and giving access to the services and facilities available in towns. Paraburdoo is fortunate in that a relatively large workforce accommodation facility is located in town, and relatively well connected with the local community. Accordingly, it is considered good practice to ensure that this facility is operated and redeveloped to as high a standard as possible. In this instance, the renovation of an aged building to meet a more acceptable standard is considered a good outcome for Paraburdoo. While there may be an ideological argument that RTIO could construct additional houses to meet its housing needs, there is no value in constructing such housing that would remain vacant for extended periods when large numbers of workers are not required. Accordingly, a balance is required between encouraging a permanent residential workforce, and acknowledging the need for temporary workers and their differing housing needs. Given that there is a net gain to the town, with a higher standard of accommodation being provided to temporary workers, accompanied by additional landscaping to improve visual amenity, it is recommended that this application be approved, subject to standard planning conditions. Consultation Acting Chief Executive Officer Director Development & Regulatory Services Statutory Environment Planning and Development Act 2005 Shire of Ashburton Town Planning Scheme No. 7 Financial Implications The planning fee of $15,093 has been paid by the applicant based on the Shire’s adopted schedule of fees and charges, based on an estimated project cost of $7,000,000. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2017-2027 Goal 1 – Vibrant and Active Communities Objective 1 – Connected, caring and engaged communities Goal 2 – Economic Prosperity Objective 1 – Strong local economies Objective 2 – Leading regional sustainability Goal 4 – Quality services and infrastructure Objective 2 – Accessible and safe towns Objective 3 – Well-planned towns Goal 5 – Inspiring governance


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Objective 1 – Effective planning for the future Risk Management Adoption of this item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low” risk and can be managed by routine procedures, and is unlikely to need specific application of resources. Policy Implications LPP 13 Transient Workforce Accommodation. Voting Requirement Simple Majority Required Officers Recommendation That with respect to the development application 17-55 Transient Workforce Accommodation (renovations to Rocklea Palms), that Council approve the application received on 5 October 2017, subject to the following conditions: 1. Development is to be in accordance with the approved stamped plans. 2. 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 Shire of Ashburton has granted prior written consent.

3. This planning approval supersedes any previous planning approval granted for the site

to the extent of the endorsed plans. All other conditions imposed pursuant to previous planning approvals remain in force except where specifically varied by this approval.

4. Landscaping shall be installed, reticulated and/or irrigated in accordance with the

approved plan within 30 days of the completion of the building works and maintained thereafter to the satisfaction of the Shire of Ashburton. Any species which fail to establish within a period of 12 months from planting shall be replaced to the satisfaction of the Shire of Ashburton.

5. All car parking associated with the development shall be accommodated within the lot

boundary. 6. All stormwater shall be contained and disposed of on-site or a suitable alternative to the

satisfaction of the Shire of Ashburton. 7. All waste and recycling materials must be contained within bins. These must be stored in

an internal enclosure within the building(s) or within an external enclosure located and constructed to the satisfaction of the Shire.

8. All services and service related hardware, including antennae, satellite dishes and air

conditioning units, being suitably located away from public view and/or screened to the satisfaction of the Shire.

9. The premises shall be kept in a neat and tidy condition at all times by the owner/occupier

to the satisfaction of the Shire. 10. Should any changes be required to the structures hereby approved due to the

requirements of the Building Code of Australia, a revised site plan and/or building plans


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depicting the changes must be submitted for approval, and will then form part of the set of endorsed plans.

Advice Notes: (a) This is a Planning Approval only and does not remove the responsibility of the

applicant/owner to comply with all relevant building, health and engineering requirements of the Shire, or with any requirements of the Shire of Ashburton Town Planning Scheme No. 7 or with the requirements of any external agency.

(b) The installation of outdoor lighting shall be in accordance with the requirements of

Australian Standard AS 4282 - 1997 "Control of the Obtrusive Effects of Outdoor Lighting".


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14.2 PLANNING SCHEME AMENDMENT NO.32 - CONVERSION OF EXISTING LOCAL PLANNING SCHEME NO.7

FILE REFERENCE: LP34 LP10.7.32






Not Applicable




Agenda Item 14.1 (Minute No. 12034) – Ordinary Meeting of Council 9 December 2015

Summary At its Ordinary Meeting on 9 December 2015 Council resolved (in part) to recommend to the Western Australian Planning Commission (WAPC) that the Shire of Ashburton Town Planning Scheme No. 7 (the Scheme) be amended within six months in order to align with the new Model Scheme Text (MST) contained in the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations). This amendment would provide the Shire with a revised Scheme that is easier to use, corrects a number of errors, and replaces out of date and incorrect elements in the Scheme text and maps. While it was initially assumed that six months would be sufficient to complete this conversion, the complexity of the project has significantly lengthened the process.

This report presents the revised Scheme for Council’s consideration with a recommendation to initiate an amendment to effect these changes. While the proposed Scheme text appears to be a significant change to the existing Scheme, it is as close to a ‘like for like’ conversion as possible, with those elements specific to the Shire’s character and development requirements retained in the new format.

This proposed amendment will align the Scheme into conformance with the new MST, delete those clauses now addressed specifically in the Deemed Provisions contained in the Regulations, and provide a more robust statutory document to guide ongoing development in the Shire until such time as a comprehensive review is undertaken and a new Scheme prepared, based on the Local Planning Strategy adopted for advertising purposes at Council’s November 2017 Ordinary Meeting.

This proposed amendment will also address a number of existing errors and anomalies that require correcting in the Scheme text and Maps, including the deletion of all reference to the Ashburton North Strategic Industrial Area (ANSIA) that is now covered by an Improvement Scheme, realign the Onslow Airport Height Restrictions Area, and update the Maps to accurately reflect the Shire’s road network.


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Background In 2015, the Regulations introduced a new MST that sets out the format and general content for new local government planning schemes. When preparing a new Scheme, a local government is required to follow the MST, ensuring consistency of local planning controls across the State. Any relevant Scheme Amendment must also be consistent with the MST. In addition to the MST, the Regulations introduced ‘Deemed Provisions’ into all local planning schemes throughout the State, these Deemed Provisions effectively overwrite sections of the Scheme, standardising specific elements automatically and without the ability of a local government to modify without the Minister’s approval. While they cannot be altered, supplemental provisions that are consistent with the Deemed Provisions and the Regulations may be included in a Scheme to provide additional planning controls. While these Deemed Provisions have legal effect and provide the Shire’s planning statutory framework, the actual Scheme text remains unchanged until the overwritten clauses are deleted via an amendment, or a new Scheme is prepared. This has caused some confusion, particularly for developers and other Scheme users who assume that the printed version available on the Department of Planning, Lands and Heritage (DoPLH) website is the current version. This proposed Scheme Amendment has been prepared to address both these matters (the new MST standards and the Deemed Provisions) by converting the existing Scheme into the MST format, and deleting those provisions now written in the Regulation’s Deemed Provisions. The third purpose to this proposed amendment is to correct a number of mapping and textual errors in the Scheme, and to update other matters affected by separate statutory processes, such as the deletion of the ANSIA provisions contained within Appendix 11 of the Scheme and the realignment of the Onslow Airport Special Control Area to correctly reflect the realigned runway. Comment The purposes for this proposed amendment are discussed in greater detail below: Deemed Provisions A significant number of clauses have been overwritten by the Deemed Provisions in the Regulations, meaning that some of the text in the Scheme is effectively meaningless. This Amendment will delete these provisions. The planning matters now regulated by the Deemed Provisions that used to be regulated by local planning schemes include:

The process for preparing, amending, and revoking local planning policies;

Heritage protection [note: this relates to non-indigenous heritage only as aboriginal heritage is regulated under separate legislation];

Preparing, amending, and rescinding subordinate planning tools: the Scheme’s Development Plans are replaced with Structure Plans, Activity Centre Plans, and Local Development Plans;

Clearly defining where development approval is required, and establishing what use and development of land is exempt from local government development approval;

Setting out the process for submitting, assessing, determining, and reviewing of development approval by the local government;

Assessing applications for development approval in a bushfire risk area;

Local government enforcement powers;

Delegation of powers; and

Provision of forms. Accordingly, any Scheme text relating to these matters is to be deleted as it has no statutory


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authority and may conflict with the Deemed Provisions. Where a Scheme has additional provisions related to and complimentary to the Deemed Provisions, these may be included in the Scheme as ‘Supplementary Provisions’. These are contained in ‘Schedule A’ of the Converted Scheme. In order to maintain specific controls considered beneficial to the Shire of Ashburton, the following provisions are proposed to be carried over into the converted Scheme as Supplementary Provisions:

All development in a Special Control Area is subject to development approval – the wording in the MST is such that some development may be exempt from development approval and it is considered that development such as single dwellings (that are normally exempt from approval) proposed in the Onslow Coastal Hazard Special Control Area require assessment prior to construction;

Those advertisements currently exempt from development approval will continue to be exempt;

Boundary fencing to be exempt from development approval as fencing standards are controlled under the Shire’s local law;

Works required for safety of the public or plant or equipment, or maintenance of essential services exempt from development approval – this is to ensure such works are not delayed while seeking Shire approvals;

The exemption from development approval for P (permitted) or I (incidental) uses that do not require building or other physical works will still require development approval where the change of use would require additional car parking;

Low impact telecommunications works and facilities will remain exempt from development approval, reflecting the exemption granted in Commonwealth legislation.

The majority of the Scheme modifications effected by the Deemed Provisions in the Regulations already have statutory effect and so deleting the overwritten clauses simply reflects the legal reality, while preserving a number of local characteristics relevant to the Shire of Ashburton. Model Scheme Text The Planning and Development (Local Planning Schemes) Regulations 2015 introduced a new version of the MST, replacing the previous version contained in the now repealed Town Planning Regulations 1967. The purpose of the MST is to provide consistency in local planning implementation throughout Western Australia, giving local governments a clear and concise template for the preparation of a new local planning scheme. Shire planners have engaged in lengthy and detailed discussion with the DoPLH to convert the existing Scheme into the new format, arriving at an agreed document that is as close to a ‘like for like’ replacement as possible. The major changes in the Scheme text include:

Reformatting the Scheme text into the new template;

Replacing zones and reserves, including updated objectives and definitions;

Converting the zoning table to account for new Scheme zones; and

Listing those State Planning Polices relevant to land use and development in the Shire of Ashburton.

Many of these changes, such as updating the process for preparing, amending, and rescinding Local Planning Polices, and replacing subordinate planning tools have little practical implications for the Scheme, and are largely rewording and clarifying existing processes.


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The major change is the introduction of a new suite of Scheme zones and reserves (including new mapping colours) that replace the existing framework. The MST provides a list of 23 reserves and 20 zones that may be selected for inclusion in the Scheme, the current Scheme has 17 reserves and 14 zones. It is worthy to note that across the State, local planning schemes had a combined total of over 300 different zones that is now simplified to a list of 20. While many of these zones are identical or very similar to existing zones in the current Scheme, in a number of instances it has been necessary to select the most similar of the new zones to align with zones in the Scheme that have not been replicated in the MST. Of the available reserves and zones, to meet the Shire’s development requirements, and to match as closely as possible the existing zoning maps, 23 reserves and 15 zones have been selected for the converted Scheme. Table 1 lists the existing zone, its proposed replacement, and a short comment on the rationale for the selection.

Existing TPS7 zone Proposed zone Comment

Residential Residential Maps to be converted 'Like for like'

Urban Development Urban Development Maps to be converted 'Like for like'

Commercial and Civic Commercial Maps to be converted 'Like for like'

where possible. Civic and

Commercial to be reviewed in line

with new Commercial and the

Mixed Use zones

Commercial and Civic Mixed Use Maps to be converted 'Like for like'

where possible. Civic and

Commercial to be reviewed in line

with new Commercial and the

Mixed Use zones

Rural Settlement Only applicable to aboriginal

communities classified as

settlements under State Planning

Policy 3.2

Various Scheme

reserves

Environment and

Conservation

Will replace some TPS7 reserves

Tourism Tourism Maps to be converted 'Like for like'

Mixed Business Light Industry Maps to be converted 'Like for like'

Industry Light Industry Maps to be converted 'Like for like'

Industry General Industry Maps to be converted 'Like for like'

Industrial and Mixed

Business Development

Industrial Development Maps to be converted 'Like for like'

Strategic Industry Strategic Industry Maps to be converted 'Like for like'

Various zones Private clubs, institutions

and places of worship

Will be applied to specific lots as

appropriate


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Similar to the changes to zones, the MST lists and defines a set of Scheme reserves for use in new and converted Schemes. Where these match the current TPS7 reserve, no change is necessary, however as described in Table 2 below, a number of TPS7 reserves are no longer available for use, and it is proposed to replace these with the closest fit MST reserve:

Existing TPS7 Reserve Proposed Reserve Comment

Parks, Recreation and

Drainage

Public Open Space Replace 'like for like'

Conservation, Recreation

and Natural Landscapes

Environmental

conservation

Replace 'like for like'

Public Purpose Civic and Community To be applied to all Shire owned

facilities, including Halls and

Pavilions, libraries.

Various Scheme

reserves

Public Purposes land use definitions to be carried

over to this Reserve: Public Utility

Public Purpose Medical Services To be applied, 'like for like'

Energy,

Telecommunications,

Waste disposal and

treatment

Infrastructure Services To be applied, 'like for like'

Various Scheme

reserves

Education To be applied to all Schools,

TAFE

Various Scheme

reserves

Emergency Services To be applied to Police,

Ambulance, Fire

Various Scheme

reserves

Government Services To be applied to all Shire owned

facilities, including Admin

buildings and offices

Cemetery Cemetery To be applied, 'like for like'

Various Scheme

reserves

Car Park To be applied where already

mapped to better reflect land use.

Water and Drainage Drainage / Waterway To be applied, 'like for like'

Infrastructure Services Railways To be applied where already

mapped to better reflect land use.

State/Regional Primary Distributor Road To be applied, 'like for like'

State/Regional District Distributor Road To be applied, 'like for like'

Rural Rural Maps to be converted 'Like for like'

Rural Living Rural Residential Maps to be converted 'Like for like'

Various zones and

reserves

Special Use Zone Will be used in unusual situations

where the MST zones do not easily

fit existing or proposed land uses.


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Local Local Distributor Road To be applied, 'like for like'

Local Local Road To be applied, 'like for like'

Port Facilities, Airport

Reserve

Strategic infrastructure To be applied to Airports, and

Ports (existing)

Various Scheme

reserves

Special Purpose Reserve As required

Town Specific Modifications Following the overall assessment and determination of the replacement zones and reserves, each townsite has been assessed with regard to the impact of these changes. In undertaking this assessment, careful consideration has been made to ensure development and use rights will not be adversely affected, and that zones and reserves most accurately reflect the existing development on each site. During this review, a number of errors previously noted on the Scheme maps have also been included for consideration with this proposed Amendment. These specific modifications are listed in Table 3, broken down to townsites for convenience. The line number relates to the townsite maps listed as ATTACHMENT 14.2A (Onslow), ATTACHMENT 14.2B (Paraburdoo), and ATTACHMENT 14.2C (Tom Price):

ONSLOW

No. Site details Current Zone/Reserve New Zone/Reserve Comments

1 312 Second Ave

Commercial and Civic zone

Tourism zone Part of caravan park incorrectly zoned. **CORRECTION**

2 Portion Lot 3001 Second Ave


Tourism zone Part of caravan park incorrectly zoned. **CORRECTION**

3 447 Second Ave


Commercial Zone Removal of previous zone type.

4 654 Second Ave


Social Care Reserve Onslow Aged Care Units – Removal of previous zone type – Reserve more appropriate

5 937 Second Ave


Heritage Reserve Good Shed Museum – Removal of previous zone type – Reserve more appropriate.

6 588 Second Ave


Commercial Zone Onslow Sun Chalets – Removal of previous zone type.

7 675 Second Ave

Public Purpose - Community Reserve

Civic & Community Reserve

Removal of previous zone type.

8 594 Second Public Purpose - Government Police Station –


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Ave Community Reserve Services Reserve New reserve more appropriate.

9 1 Simpson St


Infrastructure Services Reserve

Telecommunication tower – New reserve more appropriate. **CORRECTION**

10 989 Second Ave

Public Purpose – Health Reserve

Drainage/Waterway Reserve

Drainage Sump – New reserve more appropriate. MO for “Drainage” for SoA. **CORRECTION**

11 990 McGrath Ave

Public Purpose – Health Reserve


New reserve more appropriate. Owned by WaterCorp. **CORRECTION**

12 574 Third Ave

Public Purposes – Water and Drainage Reserve

Public Purposes Reserve

Old water tank site – water tank no longer on site – new reserve more appropriate.

13 643 McRae Pl

Public Purpose – Community Reserve

Recreational Reserve

New reserve more appropriate.

14 383 Simpson Ave

Public Purposes – Water and Drainage Reserve



15 704 Hope Ct Public Purposes – Water and Drainage Reserve



16 501 McGrath Ave

Public Purposes – Education Reserve

Emergency Services Reserve

Fire and Rescue Headquarters – new reserve more appropriate. **CORRECTION**

17 500 McGrath Ave



MPC site – new reserve more appropriate. MO to SoA for “Recreation/Civic Purposes”. **CORRECTION**

18 970 McGrath Ave


Public Open Space Reserve

Large lot where the new basketball courts are located – new reserve to better reflect the purpose and use of the site. MO to SoA for “Recreation”.


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**CORRECTION**

19 9500 McAullay Rd

Mixed Business zone Light Industry zone Removal of previous zone.

20 886 Onslow Road

Rural Living zone Rural Residential zone

21 884 Onslow Road


22 85 McAullay Road


23 105 McAullay Road


24 Portion of 719 McAullay Road


PARABURDOO

Site Details Current Zone/Reserve New Zone/Reserve Comments

1 630 McRae Ave



St John Ambulance site – new reserve to better reflect the purpose/use of the site. **Correction**

2 37 & 38 Ashburton Ave



Skate park and parkland adjacent to shops – changed to reserve to better reflect the purpose/use of the site. MO for ‘Public Recreation” to SoA.

3 85 Anzac Court


Car Park Reserve Carpark with MO to SoA for “Parking”

4 86 Anzac Court



5 87 Ashburton Avenue



6 90 Ashburton Court


Civic & Community Reserve

Paraburdoo Hall – changed to reserve to better reflect the purpose/use of the site. MO for “Recreation” to SoA.

7 600 Ashburton Ave


Government Services Reserve

Paraburdoo Police Station – new reserve to better reflect the purpose/use of the site.


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8 620 Camp Rd

Mixed Business zone Commercial zone Paraburdoo Drive In Theatre – changed to commercial to be in line with the Tom Price Drive In Theatre zoning.

9 Dedicated roads within Paraburdoo townsite to be accurately reflected on the Scheme map.

TOM PRICE

Site Details Current Zone/Reserve New Zone/Reserve Comments

1 247 Poinciana St



Dept. of Child Protection – changed to reserve to better reflect the purpose/use of the site.

2 246 Poinciana St



Shire Admin Building – changed to reserve to better reflect the purpose/use of the site.

3 853 Central Road



Police Station – changed to reserve to better reflect the purpose/use of the site. **CORRECTION**

4 854 Central Road

Community Zone Civic & Community Reserve

Fire and Rescue/Medical Centre – Changed to better reflect the use/intent of the site – Previous Community zone removed. **CORRECTION**

5 313 Central Rd


Car Park Reserve Carpark with MO to SoA for “Parking” **CORRECTION**

6 314 Stadium Rd


Car Park Reserve Carpark with MO to SoA for “Parking” **CORRECTION**

7 317 Central Ave

Public Purposes: Community Reserve


Parkland – changed reserve to better reflect the purpose/use of the site. **CORRECTION**

8 344 Central Ave

Local Road Public Purpose Reserve

Shopping Centre Mall – Incorrectly


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zoned as a Local Road – Now a Reserve to better reflect purpose/use of the site. **CORRECTION**

9 349 Creek Road

Public Purposes - Education Reserve

Waterway/Drainage reserve

Drainage Reserve though Tom Price Central Primary School - changed reserve to better reflect the purpose/use of the site. **CORRECTION**

10 86 Tamarind St

Public Purpose: Ambulance Reserve


Tom Price St John Ambulance Depot – changed reserve to better reflect the purpose/use of the site.

11 1 Central Ave

Public Purposes: Telecommunications Reserve

Commercial Zone Vet and Associated buildings – Changed to commercial zone to reflect current use. **CORRECTION**

12 986 Central Ave



Telstra communication site – Changed to IS reserve to reflect current use. **CORRECTION**

13 866, 867 & 903 Doradeen Rd

Mixed Business zone Light Industry zone Art Centre, Pure Mechanical & Shell Service Station - Removal of previous zone type.

14 Scheme maps to delineate Mine Road and Bingarn Road on their dedicated alignments.

ASHBURTON OVERALL

1 Existing Infrastructure Reserve on the eastern side of the Ashburton region has been to be rezoned to Railway Reserve to better reflect the existing use of the reserve.

2 Bellary Springs, Ngurawaana, Wakathuni, and Youngaleena Aboriginal Communities to be rezoned from ‘Rural’ zone to ‘Settlement’ zones

3 ANSIA exclusion zone to be applied to the ANSIA region as per the ANSIA Improvement Scheme effective Sept 2016

Following the conversion to the new zoning and reserve framework, the zoning table has been reviewed and updated with the new zones, and land use permissibility determined. Redrafting the zoning table involved careful consideration of each land use definition, each zone’s defined purpose, and current use and development within the zone. As noted earlier, this amendment is prepared as a ‘like for like’ conversion, and so extreme care has been taken to ensure use


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and development rights are maintained as closely as possible. The proposed new zoning table is included as ATTACHMENT 14.2D. Clauses to be deleted from the Scheme As part of the conversion process, it has been agreed with the DoPLH that section 6.6 is not to be introduced into the new Scheme format. This section sets out special application of the Residential Design Codes and, given that this section is somewhat confusing and of limited value for use in the ongoing development of the three towns, appropriate to be deleted. All residential density codes will be reviewed following the final adoption of the Local Planning Strategy and subsequent full Scheme review. Following the gazettal of the ANSIA Improvement Scheme that has removed this area from the Shire’s planning control, the ANSIA Special Control Area is also proposed to be deleted from the Scheme, as is the Onslow Strategic Industrial Buffer, a residual buffer for the Strategic Industry zone deleted by Amendment 11 in 2011. Other Modifications to Scheme Maps As outlined in Table 3, it is proposed to make a number of modifications to the Scheme Maps. In addition to those described in Table 3, the following modifications are proposed: 1. Realign the Onslow Airport Height Restrictions Area to match the realigned runways –

the Map currently reflects the old runway alignment and so establishes an incorrect height restriction area;

2. Update cadastral boundaries to reflect recent subdivisions (e.g. Barrarda Estate); 3. Realign road corridors to accurately reflect dedicated roads e.g. new Onslow Road, show

the correct alignments of Mine and Bingarn Roads in Tom Price, delineate Bingarn Road as a Scheme road instead of its current depiction as ‘Parks, recreation and drainage’ reserve.

Next Steps Should Council resolve to initiate this proposed amendment, Shire staff will prepare an Amendment Report that contains a detailed description of all the changes to TPS7 summarised in this Council report. This Amendment Report is then subject to a statutory process of review and advertising prior to Council considering the Amendment for final approval. This process is established in Part 5 of the Regulations, comprising: 1. Submission of the Amendment Report to the WAPC within 21 days; 2. WAPC to advise if modifications are required to the Amendment Report prior to

advertising within 60 days; 3. Public advertising for a minimum of 60 days; 4. Report to Council advising of responses to advertising within 90 days of close of

advertising; 5. Submission of Amendment Report to WAPC with Council’s response to submissions

within 21 days of resolution; 6. WAPC report on Amendment to Minister for Planning within 90 days; 7. If required, Ministerial modifications to be completed and Amendment Report resubmitted

by the Shire within 42 days.


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Any of these steps may be extended with the Minister’s approval, however using the standard timeframe, it is anticipated that advertising will commence mid-March 2018, concluding mid-May, with the Amendment presented to Council for final adoption prior to the August 2018 Ordinary Meeting of Council. Conclusion Similar to most Western Australian local governments, the Shire has a Town Planning Scheme that includes a significant number of clauses that are legally null and void, having been supplanted by the Deemed Provisions. For those unfamiliar with State legislation, this creates a situation where planning and land use decisions may be made based on incorrect assumptions. In addition, the Shire of Ashburton is in possession of one of the older Schemes in the State, with outdated provisions that are not consistent with best practice, and often prove difficult for Shire planners to implement efficient planning decisions. These two factors have led to this Scheme Conversion project that intends to deliver an efficient and effective Scheme that has all voided provisions deleted, providing a statutory framework that is easier for developers and stakeholders to use, and for Shire planners to implement as the basis for good planning decisions. The opportunity presented in such a comprehensive Scheme update is also being utilised to correct a number of errors and inconsistencies noted in the Scheme text and maps. The process of converting the Scheme into the new MST has been a time-consuming and highly technical process involving extensive consultation with DoPLH and Heritage and internal stakeholders. The draft Scheme text and maps proposed with this Amendment will provide an efficient planning framework to service the Shire’s planning requirements until the Local Planning Strategy, adopted for advertising purposes at Council’s November 2017 Ordinary Meeting, provides the basis for a comprehensive review and preparation of a new Local Planning Scheme to replace the current Scheme. As noted throughout this report, the intent of this Scheme conversion is to ensure that no property owner is disadvantaged through the loss of development rights. Notwithstanding this intent, it is possible that situations beyond those considered during the drafting process may become apparent through the advertising process, and so the modifications proposed in this report should be considered as draft only, and potentially subject to change when presented back to Council for final adoption. Consultation Acting Chief Executive Officer Director Development & Regulatory Services Director Strategic & Community Development Director Infrastructure Services Statutory Environment The legislative requirements for Local Planning Schemes are outlined within the Planning and Development (Local Planning Schemes) Regulation 2015 and the Planning and Development Act 2005. The Deemed Provisions within the Regulations automatically applied to all local planning schemes, effective 19 October 2015. The MST Provisions, including any necessary local variations to those provisions approved by the Minister, are outlined with the Regulations, and must be incorporated in Local Planning Schemes via the scheme amendment process.


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Pursuant to section 66 of the Regulations, a review of The Shire of Ashburton Local Planning Scheme No.7 was carried out and at the Ordinary Meeting held 9 December 2015, Council resolved that the Scheme be amended to comply with the Regulations. To ensure that the Shire of Ashburton complies with its statutory obligations for a Local Planning Scheme, this report and subsequent attachments have been prepared detailing the Scheme amendment required by the conversion process. Financial Implications There are no known meaningful financial implications relative to this matter in excess of officer time and minor administrative and advertising costs. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2017-2027 Goal 1 – Vibrant and Active Communities Objective 1 – Connected, caring and engaged communities Goal 2 – Economic Prosperity Objective 1 – Strong local economies Goal 3 – Unique Heritage and Environment Objective 1 – Flourishing natural environments Objective 2 – Leading regional sustainability Goal 4 – Quality services and infrastructure Objective 1 – Quality public infrastructure Objective 2 – Accessible and safe towns Objective 3 – Well-planned towns Goal 5 – Inspiring governance Objective 1 – Effective planning for the future Objective 2 – Community ownership Risk Management Adoption of this item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low” risk and can be managed by routine procedures, and is unlikely to need specific application of resources. Policy Implications The updated definitions and terminology introduced through this Scheme Amendment will require review and updating of most of the Shire’s Local Planning Policies, even where the Policy intent remains unchanged. Voting Requirement Simple Majority Required Officers Recommendation That with respect to the proposed Planning Scheme Amendment No.32 - conversion of existing Town Planning Scheme No.7 to Model Scheme Text, and associated matters, Council resolve: 1. That the local government, pursuant to section 75 of the Planning and Development Act

2005, amend the above Local Planning Scheme by:

a. Converting the Scheme text to the Model Scheme Text Format as established in the Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 1;


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b. Introducing the following Supplemental Provisions into the converted Scheme:

i. Clause 61(1)(k) Notwithstanding the zoning table or any other Scheme requirements, any proposed development or use located within a Special Control Area shall require submission of a development application to Council for assessment, unless otherwise determined.

ii. Clause 61(1)(l) The erection or extension of an outbuilding, external fixture,

boundary wall or fence, patio, pergola, veranda, garage, carport or swimming pool on the same lot as a single house if a single house is a permitted (“P”) in the zone where the R Codes do not apply and where the development standards set out in the scheme for that particular zone (including boundary setbacks) are satisfied, unless the development is located in a place that is: entered in the Register of Heritage Places under the Heritage of Western Australia Act 1990; or the subject of an order under the Heritage of Western Australia Act 1990 Part 6; or included on a heritage list prepared in accordance with this Scheme; or within an area designated under the Scheme as a heritage area; or the subject of a heritage agreement entered into under the Heritage of Western Australia Act 1990 section 29.

iii. Clause 61(1)(m) The advertisements contained in Schedule 2 of this Scheme do

not require development approval.

iv. Clause 61(1)(n) The erection of a boundary fence in a zone where the R Codes do not apply.

v. Clause 61(1)(o) The carrying out of works urgently necessary to ensure public

safety, for the safety or security of plant or equipment or for the maintenance of essential services.

vi. Clause 61(1)(p) The use of land which is a permitted (P) or incidental (I) use in the

zone in which that land is situated provided it does not involve the carrying out of any building or other works or requires the provision of additional car parking.

vii. Clause 61 (1)(q) The carrying out of works associated with low impact

telecommunications facilities as defined by the Telecommunications (Low Impact Facilities) Determination 1997.

c. Deleting Appendix 11 – Ashburton North Strategic Industrial Area (SIA).

d. Amending the Scheme Maps in accordance with Tables 1, 2, and 3 contained in the

officers report; 2. That the Amendment is complex under the provisions of the Planning and Development

(Local Planning Schemes) Regulations 2015 for the following reason(s):

a. the amendment is not addressed by any local planning strategy; and b. the amendment relates to development that is of a scale, or will have a significant

impact relative to development in the locality;

3. To request the Acting Chief Executive Officer to prepare the necessary documentation accurately describing the proposed Scheme Amendment for submission to the Western Australian Planning Commission.


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14.3 EXTENSION FOR USE OF ACCOMMODATION FOR TRANSIENT WORKFORCE PURPOSES AT THEVENARD ISLAND

FILE REFERENCE:

IS.THVD.000






Mackerel Islands Pty. Ltd. Department of Planning, Lands and Heritage

DATE REPORT WRITTEN:

1 December 2017

DISCLOSURE OF FINANCIAL INTEREST:

The author and the authorising officer have no financial, proximity or impartiality interests in the proposal.


Agenda Item 13.14 (Minute 11501) Ordinary Meeting of Council 10 April 2013

Summary The Shire has received a request for comment or objection from the Department of Planning, Lands and Heritage (DoPLH) for a proposal to extend the permission to use Lease N144413 on Thevenard Island for Transient Workforce Accommodation (TWA). Associated with the request for comment from DoPLH, the leaseholders at Thevenard Island, Mackerel Island Pty. Ltd. (MIPL) have requested that the planning approvals (Approvals 20120510 and 20130066) to use the tourist accommodation facility at lot 142 on Deposited Plan 217262 for workforce accommodation be extended past its 31 December 2017 deadline. This request relates to the development approvals granted by Council at its Ordinary Meetings on 12 December 2012 and 10 April 2013 for the temporary change of use of the tourist accommodation facility at Thevenard Island for workforce accommodation for a period of five years. These approvals are set to expire on 31 December 2017.

Background The Shire has received a request from DoPHL to comment on the proposed modification to Lease N144413 over Lot 142 on Deposited Plan 217262 (Thevenard Island) to extend the permitted use of the land for Transient Workforce Accommodation for a further five (5) years to expire 31 December 2022. Commencing on 9 October 2015, Lease N144413 is for the purpose of ‘Tourist Facilities’, and registered for a term of 21 years with a 21 year option to extend. Following consultation with the Shire, the previous lease for the land was amended in 2012 to include as a permitted use:

“Temporary Workers Accommodation for employees and contractors of Chevron Australia Pty Ltd associated with the Wheatstone Project” for a period of five years, expiring 31st December 2017.

This five (5) year period was anticipated to provide sufficient time for Chevron to complete the


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Wheatstone construction and the decommissioning works at Thevenard Island. Due to delays in these decommissioning works, DoPLH request the Shire’s comments on the extension of the permitted use of transient workforce accommodation at the Mackerel Island facility for workers engaged on the decommissioning works, broadening the current permitted use to include ‘Chevron Australia Pty Ltd. and its contractors’, deleting reference to the Wheatstone project. Chevron have advised the Shire via email that the production facility on Thevenard Island is currently in an unmanned care and maintenance state, with personnel mobilised to Thevenard Island on a quarterly/as-needed basis to complete inspections, and to undertake ongoing environmental monitoring and maintenance obligations at the site. During these visits, personnel are accommodated at the Mackerel Islands Resort on Thevenard Island in accordance with existing lease and planning approval conditions. With regard to the decommissioning works, Chevron have advised that plugging of offshore wells is scheduled to commence in January 2018, and likely to continue until early 2019. When underway, this task will be a 24 hour a day operation. Following the plugging operation, the scope of works will include offshore platform decommissioning, onshore facility decommissioning, and land rehabilitation works. Timing of these activities is uncertain and is dependent on internal and joint venture partner approvals, contractor/equipment availability, and associated regulatory approvals. In order to undertake requisition actions and to advertise for contracts to undertake these works, Chevron have advised that they require a minimum surety of 24 months accommodation close to the work sites. Chevron have further advised that housing workers in Onslow and transporting to Thevenard Island is not considered a viable option due to operational efficiencies and safety issues, noting that works will be undertaken on a 24 hour roster. Should the proposed accommodation at MIPL not be made available for the minimum required timeframes, Chevron have advised that the other considered options will be either from moored ship-base accommodation, or potentially the construction of a new temporary accommodation facility on Thevenard Island. The construction of a new camp on Thevenard Island would require a number of State and Shire approvals. With regard to this advice from Chevron, MIPL have advised that, if approved, the initial proposed accommodation plan would be:

20 - 40 TWA people from February to December 2018.

These to be housed in the Club Thevenard village (34 rooms) plus a 5 (five) bedroom beach cabin as required (this will be a buffer between 24/7 machinery works and paying tourist accommodation).

Mackerel Islands will continue to operate the Beach Front cabins for tourism, which is the majority of their tourism demand.

MIPL have expressed concern that the decommissioning works will significantly damage their brand should tourists be accommodated at the facility during decommissioning works, with further significant financial damage should they not be permitted to accommodate the decommissioning workers during this time. Planning Assessment: Planning approval for the tourist development at Thevenard Island was first issued on 19 May 2009 where the Shire issued approval under delegated authority (Application 20080575) for a ‘Tourist/holiday’ village comprising:


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• Two ensuite accommodation units; • One recreation room; and • One dive/store room. The Officer’s report notes that there is no previous planning approval for other existing development, but that the Shire had issued a number of building licenses for the site. Prior to 2004 Thevenard Island was outside the Scheme Area (TPS5 applied to the Onslow area, but did not extend to the islands), and so there will be no local government approvals from this time, although building legislation would have applied, which would explain why building licenses were issued. Since 2004, planning approval would be required for most development, although it is not unusual to discover development within the Shire constructed during this period with building but not planning approvals. This planning approval (the first known approval for the site) includes the following relevant conditions:

10. The use when established shall at all times comply with the definition of ‘holiday

accommodation as contained within Town Planning Scheme No. 7, as follows: “any land and/or buildings used predominantly by travelers and holiday-makers and

designed to take advantage of a tourist attraction or other locational consideration for tourism reasons including camping areas, areas for two or more movable dwellings, chalet parks and serviced apartments or any combination thereof but excluding Bed/Breakfast facilities (which are within the definition of home business), hotel and motel.”

12. This approval is for a “holiday accommodation” (Short Say [sic] Holiday Cabin) only. In

the “Conservation, Recreation and Natural Landscapes” Reserve, further approval is required for most land uses and building construction, Council’s Planning Department should be contacted for further information.

There are no known compliance issues related to this approval. The next known approval relevant to this application relates to an application for the temporary change of use from tourist to transient workforce accommodation at Thevenard Island (Application 20120510). This approval, issued by the Chief Executive Officer as directed by Council at its Ordinary Meeting on 12 December 2012, includes the following conditions relevant to this report: 1. This Planning Approval expires on 31 December 2017. 2. The temporary use of existing accommodation units for transient workforce

accommodation shall comprise 56 beds with 14 beds made available exclusively for tourist use.

3. Subject to the written consent of the Chief Executive Officer, a higher number of transient

workforce accommodation beds (not greater than 80% of total bed number) as provided for in Condition 2 may be approved but only where beds for tourist use is not less than 20% of beds available.

There is no record of the Shire undertaking compliance audits regarding this planning approval to ensure the requisite 14 beds have remained available for tourist use or a request pursuant to condition 3 to modify the worker/tourist ratio. There are no other known compliance issues relating to this approval Another relevant application was considered by Council at its Ordinary Meeting on 10 April


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2013, where Council approved an application for development approval (Application 20130066) for the construction of 9 x four-bedroom accommodation units, and 3 x three-bedroom eco tents at Lot 149 on Deposited Plan 217262. The approval notes that the four-bedroom units are for use by transient workforce accommodation, and the eco tents for tourist accommodation. This approval included the following condition relevant to this report. 2. This Planning Approval expires on 31 December 2017 or other period as agreed by the

Chief Executive Officer and the structures be removed with 60 days of the expiry date. It is understood that the applicant has not yet acted on this approval. Shire planning approvals are normally issued with a condition that the development is to be substantially commenced within two years of the approval, however this standard condition is superseded by condition two that maintains the validity of the approval until December 2017. Accordingly, unless determined otherwise by Council, at 31 December 2017 the tourist development at Thevenard Island will revert to the 18 May 2009 approval meaning that: 1. The transient workforce accommodation on the site shall cease; and 2. The development approved under the 10 April 2013 approval comprising 9 x four-

bedroom and three x three-bedroom eco tents shall be removed within 60 days. Notwithstanding the conditions requiring the transient workforce accommodation to cease by 31 December 2017, regulation 77 of the Deemed Provisions contained in the Planning and Development (Local Planning Schemes) Regulations 2015 gives local governments the ability to vary a condition of development approval:

77. Amending or cancelling development approval (1) An owner of land in respect of which development approval has been granted by the

local government may make an application to the local government requesting the local government to do any or all of the following —

(a) to amend the approval so as to extend the period within which any development

approved must be substantially commenced; (b) to amend or delete any condition to which the approval is subject; (c) to amend an aspect of the development approved which, if amended, would not

substantially change the development approved; (d) to cancel the approval.

The Shire of Ashburton Town Planning Scheme No. 7 (TPS7) reserves the whole of Thevenard Island for ‘Conservation, recreation and nature landscape’, noting that: 3.2.5 The “Conservation, Recreation and Natural Landscapes” reserve is intended to

accommodate a broad range of natural and modified land uses and development and may, subject to relevant approvals, include extractive or resource processing industry and infrastructure. Where applications for such development are considered by Local Government, it shall have regard for other legislation and/or the advice of the relevant land owner/manager.

This statement regarding the intent for development within a Conservation, Recreation and Natural Landscapes reserve allows for the consideration of development approval, of the continuation of development approval for works associated with the extractive and resource


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processing industry, including associated workforce accommodation. This proposed modification to the conditions of Development Approvals 20120510 and 20130066 to permit the ongoing use of the development for workforce accommodation will also require assessment under section 3.4 of LPP13 – Transient Workforce Accommodation that states (in part): 3.4 Impact on Community Transient workers accommodation has the potential to impact on the economic and social wellbeing of Shire communities in two ways.

(a) The scale and the extent of the accommodation can result in a significant demand being placed on physical and community infrastructure. Furthermore, it can distort local and regional commercial activity, and

(b) Detailed design considerations may impact on the amenity of the areas immediately

surrounding the area. For these reasons, each application for transient workers accommodation shall be accompanied by an assessment of the proposal, including:

i. A detailed explanation of the need for the facility;

ii. Details of the extent to which the proposal places demands on physical and one

community [sic] infrastructure; and

iii. The extent to which the local community will benefit from the proposal.

The manner to which Chevron and MIPL have addressed these matters is discussed in the Officer’s comment section of this report. Comment The assessment for applications for development approval focus on use (whether the proposed use is appropriate on the land) and amenity (ensuring that other nearby land users are not significantly adversely affected by the proposed development). In this instance, the Scheme is clear that extractive and resource processing and associated development are appropriate in the Conservation, Recreation and Natural Landscapes reserve, and given the isolated nature of the subject land, amenity issues are not a significant concern, given that any amenity issues associated with accommodating workers at the Mackerel Island tourist facility will be limited to that site. From this limited planning perspective, there is a strong argument to approve the request to extend the permitted use of the facility to include temporary workers. However, the wider implications to Onslow should also be considered with regard to this proposal, specifically the direct and indirect impacts on tourism and its supporting industry. Thevenard Island is a major tourist drawcard to Onslow, enjoying a strong reputation as a tourist destination. Limiting its use for tourists is therefore likely to impact both Mackerel Islands, and those businesses in Onslow providing accommodation, provisions, and supplies to this travelling public, and these impacts should also be considered. In addition to the temporary loss of Thevenard Island as a tourist drawcard is the leakage of local spending that could result should workers engaged on the decommissioning works at Thevenard Island be housed in Onslow itself, as such workers would be unlikely to spend any significant amount to time in Onslow, patronising local businesses and service providers.


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With regards to the first point, as noted by MIPL in their submission, their tourism brand will be damaged regardless of the use of the Island’s accommodation, as the noise and other offsite impacts of these works will significantly reduce the quiet isolation of the place, making it at times, a noisy deconstruction site not suitable for tourists. While strictly not a planning consideration Council could consider the financial impact Chevron’s works are likely to have on Mackerel Islands both in the short term as the site becomes a less-desirable holiday location, and long-term with regard to the reputation the Island is likely to develop based on visitors experiencing the adverse impact of the decommissioning and rehabilitation works. With regard to the second point, Council has consistently maintained a philosophical objection to the FIFO model wherever possible, acknowledging that where it is required (such as in the instance where a specialist workforce that is not available in Onslow), that such workers should be housed in an established town. To this point, Chevron have advised that, regardless of whether Mackerel Islands is made available to them or not, for safety reasons, and to avoid oversea commutes of 45 minutes on 24 hour work rosters, that workers engaged on tasks on Thevenard Island will not be housed in Onslow. This is regrettable in that it reduces that number of highly paid workers available to spend discretionary income at local businesses. Rather, this economic benefit is potentially lost from the Shire. Should Council oppose further use of the Mackerel Island for workforce accommodation, Chevron and its joint venture partners have advised that they would seek to construct a new fly camp on Thevenard Island, requiring Shire planning approval, or moor an appropriate sized boat to provide adequate worker’s housing. Both these options would negate any financial benefit or business opportunities to the Onslow or wider community. On weighing the benefits to the Shire, it is recommended that MIPL be permitted to house workers engaged on decommissioning works associated with Chevron’s Thevenard Island operations as this enables MIPL to continue to generate an income while Chevron undertake works that will significantly disturb local amenity. Specifically, the scale of works required to decommission and rehabilitate Thevenard Island will not make for a positive recreational experience, fundamentally reducing Mackerel Island’s commercial viability. It is further recommended that a condition be included in this approval to require MIPL to submit a comprehensive application for development approval for the accommodation and the airstrip lots that will enable an assessment of the entire operation, acknowledging that the Shire’s existing approvals contain some historical gaps due either to Thevenard Island being outside the Scheme area prior to 2004, administrative oversight, or other unknown reasons. Issuing a new approval would replace the three approvals currently active over the land, making consideration of future approvals easier to assess and report. It is not unusual to discover development without planning approval often due to its date of construction (prior to a Scheme coming into effect), an assumption that a building approval also confers planning approval, or the frequent misunderstanding that an approval from the State government agency (e.g. through variation of a Crown lease) fulfills the need for local government approval. It is also assumed that record of some Shire approvals may have been inadvertently destroyed prior to being digitized. As there is no certain way of determining what elements of the Mackerel Island facility still require planning approval, the easiest solution is to consider and issue a fresh approval over the entire site. This approach has been discussed with and agreed with MIPL.


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Consultation Acting Chief Executive Officer Director Development & Regulatory Services Statutory Environment Planning and Development Act 2005 Planning and Development (Local Planning Schemes) Regulations 2015 Shire of Ashburton Town Planning Scheme No. 7 Financial Implications There are no known meaningful financial implications relative to this matter in excess of officer time and minor administrative costs. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2017-2027 Goal 2 – Economic Prosperity Objective 1 – Strong local economies Goal 3 – Unique Heritage and Environment Objective 1 – Flourishing natural environments Objective 3 – Well-planned towns Goal 5 – Inspiring governance Objective 1 – Effective planning for the future Risk Management Adoption of this item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low” risk and can be managed by routine procedures, and is unlikely to need specific application of resources. Policy Implications Local Planning Policy 13 – Transient Workforce Accommodation Voting Requirement Simple Majority Required Officer’s Recommendation That with respect to the request from Mackerel Islands Pty. Ltd. to make the tourist accommodation facilities located at Lot 147 on Deposited Plan 217262 available to workers engaged on decommissioning works at Thevenard Island, Council: 1. With regard to Planning Approval 20130066, authorises the Acting Chief Executive Officer

to extend the planning approval for a further 24 months to expire on 31 December 2019;

2. With regard to Planning Approval 20120510, modifies condition 1 to read: Condition 1. This Planning Approval expires on 31 December 2019;

3. Advise the Department of Planning, Land and Heritage of its decision; and 4. Require the applicant, Mackerel Island Pty. Ltd. to submit a comprehensive application for

development approval that includes all development located on Lots 134 and 147 on Deposited Plan 217262 within 60 days of this decision.


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15. INFRASTRUCTURE SERVICES REPORTS There are no Infrastructure Reports for this agenda.

16. COUNCILLOR AGENDA ITEMS / NOTICES OF MOTIONS There are no Councillor Agenda Items/Notices of Motions for this agenda.

17. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING

18. CONFIDENTIAL MATTERS Under the Local Government Act 1995, Part 5, and Section 5.23, states in part: 1. If a meeting is being held by a Council or by a committee referred to in subsection (1)(b),

the Council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following:

(a) a matter affecting an employee or employees; (b) the personal affairs of any person; (c) a contract entered into, or which may be entered into, by the local government and

which relates to a matter to be discussed at the meeting; (d) legal advice obtained, or which may be obtained, by the local government and which

relates to a matter to be discussed at the meeting: (e) a matter that if disclosed, would reveal:

(I) a trade secret; (II) information that has a commercial value to a person; or (III) information about the business, professional, commercial or financial affairs of a

person,

Where the trade secret or information is held by, or is about, a person other than the local government.

(f) a matter that if disclosed, could be reasonably expected to:

(I) Impair the effectiveness of any lawful method or procedure for preventing,

detecting, investigating or dealing with any contravention or possible contravention of the law;

(II) Endanger the security of the local government’s property; or (III) Prejudice the maintenance or enforcement of any lawful measure for protecting

public safety;

(g) information which is the subject of a direction given under section 23(1a) of the Parliamentary Commissioner Act 1981; and

(h) such other matters as may be prescribed.


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Officers Recommendation MOVED: Cr SECONDED: Cr That Council close the meeting to the public at ______ pursuant to sub section 5.23 (2) (a) and (b) of the Local Government Act 1995 to address the legal advice obtained by the Shire President, pursuant to resolution number 275/2017 of the Council Meeting of 21 November 2017.

CARRIED __/__

Officers Recommendation MOVED: Cr SECONDED: Cr That Council re-open the meeting to the public at _____ pm.

CARRIED __/__

19. NEXT MEETING The next Ordinary Meeting of Council will be held on 16 January 2018, at the Clem Thompson Sports Pavilion, Stadium Road, Tom Price commencing at 1.00 pm.

20. CLOSURE OF MEETING There being no further business to discuss the Presiding Member closed the

meeting at ________ pm.

agenda – public document 15 december 2017 · 2017-12-08 · 9.1 ordinary meeting of council held...

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