bunbury city council notice of meeting and agenda 24 ... and... · 24 january 2017 agenda –...

CITY OF BUNBURY 4 Stephen Street

Bunbury WA 6230 Western Australia

Correspondence to: Post Office Box 21

Bunbury WA 6231

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

Bunbury City Council Notice of Meeting and Agenda 24 January 2017

http://mydocs/sites/cp/Templates/Council%20Agendas%20and%20Minutes%20Templates/www.bunbury.wa.gov.au

Table of Contents

Item No Subject Page

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

2. Disclaimer ............................................................................................................................... 6

3. Announcements from the Presiding Member ....................................................................... 6

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

4.1 Apologies ............................................................................................................................... 6 4.2 Approved Leave of Absence .................................................................................................. 6

5. Declaration of Interest ........................................................................................................... 7

6. Public Question Time ............................................................................................................. 7

6.1 Public Question Time ............................................................................................................. 7 6.2 Responses to Public Questions Taken ‘On Notice’ ................................................................ 7

7. Confirmation of Previous Minutes and other Meetings under Clause 19.1 .......................... 8

7.1 Minutes .................................................................................................................................. 8 7.1.1 Minutes – Ordinary Council Meeting ..................................................................... 8 7.1.2 Minutes – Council Advisory Committees and Working/Project Groups ............... 8

8. Petitions, Presentations, Deputations and Delegations ........................................................ 9

8.1 Petitions ................................................................................................................................. 9 8.2 Presentations ......................................................................................................................... 9 8.3 Deputations ........................................................................................................................... 9 8.4 Council Delegates’ Reports .................................................................................................... 9 8.5 Conference Delegates’ Reports ............................................................................................. 9

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

10. Reports ................................................................................................................................. 10

10.1 Recommendations from Advisory Committees ................................................................... 10 10.2 Chief Executive Officer Reports ........................................................................................... 11

10.2.1 Financial Management Report for the Period Ending 30 November 2016 ......... 11 10.2.2 Schedule of Accounts Paid for the 1 November 2016 to 30 November 2016 ..... 17 10.2.3 Lease Over Portion of Lot 1 and Lot 166 Prosser Street; Lot 8 and Lot 100

Spencer Street; Portion of Lot 31 and Lot 32 Spencer Street South Bunbury ..... 18 10.2.4 West Australian Regional Capitals Alliance ......................................................... 20 10.2.5 CEO Conference Attendance Report ................................................................... 24 10.2.6 Development Assessment Panels – Local Government Nominations ................. 33 10.2.7 Reconciliation Action Plan ................................................................................... 36 10.2.8 Proposed Deed of Lease – Bunbury and Districts Power Boat Club .................... 40 10.2.9 Waste Management Options ............................................................................... 43

10.3 Director Corporate and Community Services Reports ........................................................ 45 10.3.1 International Relations Committee Composition ................................................ 45 10.3.2 Draft Greater Bunbury Age Friendly Communities Strategy ............................... 47

10.4 Director Planning and Development Services Reports ........................................................ 50

Table of Contents

Item No Subject Page

10.4.1 New Delegation Public Health Act 2016 and Criminal Procedure Act 2004 – Appointment of Authorised Officers ................................................................... 50

10.4.2 Amendment to Development Approval DA/2016/210/1 - Proposed Ancillary Dwelling – Lot 98, #15 Doolan Street, Carey Park ............................................... 54

10.4.3 Application for Development Approval - Retrospective Change of Use of Ground Floor Unit from ‘Office’ to ‘Shop’ and Associated Window Signage – Strata Lot 4 (#16A) Plaza Street, South Bunbury ................................................. 58

10.4.4 Application for Proposed Amendment to Development Approval (Variation to Planning Condition for Finished Floor Level Requirement) at Lot 517, #4 Epacris Elbow, Pelican Point ................................................................................ 67

10.5 Director Works and Services Reports .................................................................................. 72 10.5.1 Naming of Roads at Bunbury Airport ................................................................... 72 10.5.2 Lease for Automatic Weather Information Station ............................................. 74

11. Applications for Leave of Absence ....................................................................................... 77

12. Motions on Notice ................................................................................................................ 78

13. Questions on Notice ............................................................................................................. 78

13.1 Response to Previous Questions from Members taken on Notice...................................... 78 13.2 Questions from Members .................................................................................................... 78

14. New Business of an Urgent Nature Introduced by Decision of the Meeting ....................... 78

15. Meeting Closed to Public ..................................................................................................... 79

15.1 Matters for which the Meeting may be Closed ................................................................... 79 15.1.1 Proposed Deed of Non-Exclusive Licence ............................................................ 80 15.1.2 Disposal of Portion of Lot 200 Robertson Drive .................................................. 81

15.2 Public Reading of Resolutions that may be made Public ..................................................... 82

16. Closure .................................................................................................................................. 82

24 January 2017 Agenda – Council Meeting

Nature of Council’s Role in Decision Making Advocacy: When Council advocates on its own behalf or on behalf of its community to

another level of government/body/agency. Executive/Strategic: The substantial direction setting and oversight role of the Council, e.g. adopting

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

Legislative: Includes adopting local laws, town planning schemes and policies. Review: When Council reviews decisions made by Officers. Quasi-Judicial: When Council determines an application/matter that directly affects a person’s

rights and interests. The Judicial character arises from the obligations to abide by the principles of natural justice.

Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.


Bunbury City Council Notice of Meeting

The next Ordinary Meeting of the Bunbury City Council will be held in the Council Chambers, City of Bunbury Administration Building, 4 Stephen Street, Bunbury on Tuesday, 24 January 2017 at 5.30pm.

Andrew Brien Chief Executive Officer (Date of Issue: 20 January 2017)

Agenda 24 January 2017

Note: The recommendations contained in this document are not final and are subject to adoption, amendment (or otherwise) at the meeting.

Council Members: Mayor Gary Brennan Deputy Mayor Brendan Kelly Councillor Wendy Giles Councillor James Hayward Councillor Judy Jones Councillor Jaysen Miguel Councillor Michelle Steck Councillor Karen Steele Councillor Sam Morris Councillor Betty McCleary Councillor Monique Warnock Councillor Joel McGuinness Councillor Murray Cook

1. Declaration of Opening / Announcements of Visitors


2. Disclaimer All persons present are advised that the proceedings of this meeting will be recorded for record keeping purposes and to ensure accuracy in the minute taking process, and will also be streamed live via the internet to the public.

3. Announcements from the Presiding Member

4. Attendance

4.1 Apologies

4.2 Approved Leave of Absence Cr Steele is on approved leave of absence from all Council-related business from 6 December 2016 to 31 January 2017 inclusive.


5. Declaration of Interest

Members should fill in Disclosure of Interest forms for items in which they have a financial, proximity or impartiality interest and forward these to the Presiding Member before the meeting commences. Section 5.60A: “a person has a financial interest in a matter if it is reasonable to expect that the matter will, if dealt with by the local government, or an employee or committee of the local government or member of the council of the local government, in a particular way, result in a financial gain, loss, benefit or detriment for the person.” Section 5.60B: “a person has a proximity interest in a matter if the matter concerns – (a) a proposed change to a planning scheme affecting land that adjoins the person’s

land; or (b) a proposed change to the zoning or use of land that adjoins the person’s land; or (c) a proposed development (as defined in section 5.63(5)) of land that adjoins the

person’s land.” Regulation 34C (Impartiality): “interest means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest and includes an interest arising from kinship, friendship or membership of an association.”

6. Public Question Time

In accordance with Reg. 7(4)(a) of the Local Government (Administration) Regulations 1996, members of the public in attendance at the meeting may stand, state aloud their name and address, and ask a question in relation to any matter over which the municipality of Bunbury has jurisdiction or involvement. In accordance with Standing Order 6.7(3)(a) a person wishing to ask a question, must complete a question form which is provided in the trays at the back of the public gallery and on the City’s website. The completed form must include your name and address and contain no more than three (3) questions. If your question requires research or cannot be answered at the meeting, it will be taken on notice and you will receive a written response and a summary of your question (and any responses provided) will be printed in the minutes of the meeting.

6.1 Public Question Time

6.2 Responses to Public Questions Taken ‘On Notice’


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

7.1 Minutes

7.1.1 Minutes – Ordinary Council Meeting The minutes of the Ordinary meeting of the Bunbury City Council held 13 December 2016 have been circulated. Recommendation The minutes of the Ordinary meeting of the Bunbury City Council held 13 December 2016 be confirmed as a true and accurate record.

7.1.2 Minutes – Council Advisory Committees and Working/Project Groups

Applicant/Proponent: Internal Report

Author: Various

Executive: Various

Attachments: Appendix MTBN-1 – Community Access Committee Minutes 9/12/16

Summary The following Advisory Committee Meetings were held and the minutes are presented for noting: 1. Title: Community Access Committee Minutes – 9 December 2016

Author: Ryan Campbell, Community Development Officer Appendix: MTBN-1

Council Committee Recommendation The following Advisory Committee meeting minutes listed in the report be accepted and noted: 1. Community Access Committee Minutes 9 December 2016


8. Petitions, Presentations, Deputations and Delegations

8.1 Petitions Pursuant to clause 6.10(2) of the City of Bunbury Standing Orders 2012, upon receiving a petition, the Council is to a) Receive the petition and refer to the relevant officer for a report to be submitted within

the next two (2) rounds of Council meetings; or b) Reject the petition

8.2 Presentations

8.3 Deputations

8.4 Council Delegates’ Reports

8.5 Conference Delegates’ Reports

9. Method of Dealing with Agenda Business


10. Reports

10.1 Recommendations from Advisory Committees Nil


10.2 Chief Executive Officer Reports 10.2.1 Financial Management Report for the Period Ending 30 November 2016


Responsible Officer: David Ransom, Manager Finance

Executive: Andrew Brien, Chief Executive Officer

Attachments: Appendix CEO-1: Statement of Comprehensive Income Appendix CEO-2: Statement of Financial Activity Appendix CEO-3: Statement of Net Current Assets Appendix CEO-4: Statement of Financial Position Appendix CEO-5: Capital Works Expenditure Summary Appendix CEO-6: Operating Project Expenditure Summary

Summary The following comments are provided on the key elements of Council’s financial performance. 1. Statement of Comprehensive Income (attached at Appendix CEO-1)

Actual Financial Performance to 30 November 2016 (refer explanations within the report) - Actual income of $47.90M is $195K greater than the year-to-date budgeted income

of $47.71M. - Actual expenditure of $17.46M is $1.52M less than the year-to-date budgeted

expenditure of $18.98M. - Actual operating surplus of $30.45M is $1.72M more than the year-to-date

budgeted operating surplus of $28.73M. 2. Statement of Financial Activity (attached at Appendix CEO-2)

Closing Funding Surplus to 30 June 2017 is forecast at $443K, which is $14K less than the Current Budget Closing Funding Surplus of $457K. This will be included in the February 2017 Budget Review.

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

Council’s year-to-date and forecast balances are as follows: Year-to-date Forecast * Current Assets of $67.43M includes:

- Cash and Investments $52.11M $26.83M - Rates $14.05M $0.81M - Other Current Assets $1.27M $1.90M

* Current Liabilities of $10.67M includes:

- Trade and Other Payables $4.99M $4.60M - Annual Leave and LSL Provisions $3.44M $3.91M

* Working Capital

(Current Assets less Current Liabilities) $56.76M $18.73M * Equity

(Total Assets less Total Liabilities) $606.23M $581.09M


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

- Actual capital works of $7.04M is $3.74M less than the year-to-date budgeted capital works of $10.78M, (refer explanation within report).

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

- Actual operating project expenditure of $939K is $394K less than the year-to-date budgeted operating project expenditure of $1.33M, (refer explanation within report).

Executive Recommendation The Financial Management Report for the period ending 30 November 2016 be received. Strategic Relevance Key Priority Area 5 Corporate Objective 5.3 Ensure financial sustainability Background A financial management report is provided to Councillors on a monthly basis which includes the following summaries: - Statement of Comprehensive Income (attached at Appendix CEO-1) - Statement of Financial Activity (attached at Appendix CEO-2) - Statement of Net Current Assets (attached at Appendix CEO-3) - Statement of Financial Position (attached at Appendix CEO-4) - Capital Works Expenditure Summary (attached at Appendix CEO-5) - Operating Projects Summary (attached at Appendix CEO-6) These summaries include end-of-year forecasts based on a monthly review of year-to-date income and expenditure for all accounts. Council Policy Compliance Not applicable. Legislative Compliance In accordance with the provisions of Section 6.4 of the Local Government Act 1995 and Regulation 34 (1) of the Local Government (Financial Management) Regulations 1996, a Local Government is to prepare each month a Statement of Financial Activity (attached at Appendix CEO-3) reporting on the revenue and expenditure as set out in the annual budget under Regulations 22 (1) (d) for this month. At the Special Council Meeting 27 July 2016, Council adopted that a variance between actual and budget-to-date of greater than or equal to 10% and $25,000 is considered to be a material variance for reporting purposes in the Statement of Financial Activity for 2016/17.


Officer Comments The Operating Income, Operating Expenditure and Capital Expenditure graphs provide an overview on how the actual income/expenditure is tracking to budget and the previous financial year. Comments are provided on each graph regarding the current financial position.


The following is an explanation of significant Operating and Capital variances identified in the Statement of Comprehensive Income and Statement of Financial Activity:


Statement of Financial Activity YTD Actual to

Budget Variance

Operating Revenues

Favourable variance. See explanation above included in the Statement of Comprehensive Income variances.

$197,309 1.6%

Operating Expenses

Favourable variance. See explanation above included in the Statement of Comprehensive Income variances.

$1,555,562 8%

Capital Expenses

Acquisition of Assets – The favourable year-to-date variance is mainly due to the timing of expenditure for the following projects: PR-2625 – Widen formation and reconstruct embankment Koombana

Drive - $1.98M PR-2288 - Replace corporate heavy plant 2016/17 - $390K PR-4165 - Develop a detailed design for a Cultural Precinct - $365K PR-4147 – Upgrade of parking machines - $221K PR-2481 – Reconstruct and improve drainage in Spencer St - $175K PR-4149 - Implement State CCTV Strategy Infrastructure - $111K PR-4012 – Upgrade and segmentation of network structure - $100K

$3,738,975 35%

Statement of Comprehensive Income YTD Actual to Budget Variance

Operating Income

Contributions, Reimbursements and Donations Reimbursement Income – Favourable year-to-date budget variance of $47K mainly due to a lease document preparation legal reimbursement of $19K, workers compensation reimbursements of $10K and higher than anticipated government paid parental leave $10K being received. Forecast changes have been made and will be included in the February Budget Review.

$49,173 11%

Operating Expenditure

Materials and Contracts Material Expenditure - Favourable year-to-date variance $122K, mainly due to the timing of operating expenditure. This will be monitored on a monthly basis. Consultants Expenses - Favourable year-to-date variance $206K, mainly due to the timing of operating expenditure. This will be monitored on a monthly basis. Contractors Expenses - Favourable year-to-date variance $486K, mainly due to the timing of operating expenditure. This will be monitored on a monthly basis. Software License or Maintenance Expenditure - Favourable year-to-date variance $49K, mainly due to the timing of operating expenditure. This will be monitored on a monthly basis.

$915,907 17%


PR-4015 – Improve City’s Landscaping, Parks, Gardens and Entry Statements - $73K

PR-3612 – Design and construct Bunbury SES headquarters - $70K PR-1472 - Renew and Upgrade Paths 2016/17 - $82K PR-1483 – Construct cycleway link Bussell Highway - $63K Refer to Capital Expenditure report for project details.

Analysis of Financial and Budget Implications

This Financial Management Report on the financial performance of the City is provided for Councillors information and does not have any financial or budget implications for the 2016/17 financial year. Any forecast changes noted will be included as part of the February 2017 Budget Review. Community Consultation

There is no requirement for community consultation on this report. Councillor/Officer Consultation

Council’s Executive Leadership Team, Department Managers and Finance staff monitor the City’s monthly revenue and expenditure and (as required) refers any variances requiring remedial action to Council. Approved budget amendments are recorded in the financial statements to reflect Council’s current budget and financial position at all times.


10.2.2 Schedule of Accounts Paid for the 1 November 2016 to 30 November 2016


Responsible Officer: David Ransom, Manager Finance


Attachments: Appendix CEO-7: Schedule of Accounts Paid

Summary

The City of Bunbury "Schedule of Accounts Paid" covering the period 1 November 2016 to 30 November 2016 are contained at Appendix CEO-7. The schedule contains details of the following transactions:

1. Municipal Account – payments totalling $9,565,015.21

2. Advance Account – payments totalling $6,953,232.14

3. Trust Account – payments totalling $54,896.81

4. Visitor Information Centre Trust Account – payments totalling $16,400.95

5. Bunbury-Harvey Regional Council Municipal Account – payments totalling

$289,033.50

6. Bunbury-Harvey Regional Council Advance Account – payments totalling $238,225.24

Executive Recommendation The Schedule of Accounts Paid for the Period 1 November 2016 to 30 November 2016 be received.


10.2.3 Lease Over Portion of Lot 1 and Lot 166 Prosser Street; Lot 8 and Lot 100 Spencer Street; Portion

of Lot 31 and Lot 32 Spencer Street South Bunbury

File Ref: L268

Applicant/Proponent: Jim Markotis, John Markotis and Victor Markotis

Responsible Officer: Felicity Anderson, Manager Major Projects and Property


Attachments: Appendix CEO-8: Location Plan

Summary The City has been negotiating a Deed of Lease over portion Lot 1 and Lot 166 Prosser Street, Lot 8 and Lot 100 Spencer Street and portion of Lot 31 and Lot 32 Spencer Street, South Bunbury with Jim Markotis, John Markotis and Victor Markotis the Owners of Bunbury City Plaza Shopping Centre (the Applicants) for a term of (20) years with a further option of 5+5+5+5 years for car parking. A location plan is attached at Appendix 8. Executive Recommendation That Council notes the terms and conditions of the final Plaza Lease Agreement between the City and the Applicants as contained in this report. Strategic Relevance Key Priority Area 5 Corporate Objective 5.3 Ensure financial sustainability Background Discussions between the Owners of the Plaza Shopping Centre (Owners) and City Officers, have been ongoing for the past three years with the intent to secure car parking spaces on City property under a Lease, and more recently in relation to the redevelopment of the existing Woolworths Shopping Centre, including the rezoning of adjacent private property to enhance the provision of additional car parking spaces. In accordance with Council Decision 137/15 the Chief Executive Officer entered into negotiations with the Applicant for a commercial lease. Agreement was reached between all parties and in accordance with section 3.58 of the Local Government Act 1995 the proposed Deed of Lease was advertised on 23 November 2016 for a period of 14 days. With the assistance of the City’s Lawyer, an Agreement for Lease was agreed by all parties and executed on 15 November 2016, to assist with the opening of the Plaza Shopping Centre on 16 November 2016, until such time as the Deed of Lease is finalised. Under the Terms of the Agreement for Lease the Lessee began paying the annual lease fee as at 16 November 2016. Terms of New Lease


Commencement: 1 April 2017

Term: Twenty (20) years with a further option of 5 + 5 + 5 + 5 years

Expiry Date: 31 March 2037

Rental: $100,000.00 + GST per annum (payable calendar monthly in advance) and outgoings, subject to annual CPI and Market Rental Valuation every five (5) years

Rent Review: CPI annually, Market Rent Review every fifth year

Outgoings: Responsibility of the Lessee

Insurance: Lessee to maintain Public Risk and General Insurance cover over the premises with Public Liability to be set at $10million

Special Conditions: The Lessee is responsible for all maintenance to the Leased Premises.

Document Preparation: The Lessee to pay all costs associated with the Lease application including legal costs for document preparation.

Council Policy Compliance Commercial Leases Policy Legislative Compliance Advertising in accordance with section 3.58 of the Local Government Act 1995. Officer Comments To assist with the opening of the Woolworths store at the Plaza Shopping Centre on 16 November 2016, an Agreement for Lease was agreed to by all parties and executed on 15 November 2016. Under the Agreement for Lease all terms and conditions under a Deed of Lease as negotiated, are applicable. Upon completion of the advertising, an application under section 136 of the Planning and Development Act 2005 (WA) for the approval to be a long term Lease was lodged. Once approval is obtained from the Western Australian Planning Commission (WAPC) the Lease will be engrossed in registrable form and will be registered through Landgate on the relevant titles. In accordance with the Agreement for Lease the Latest Condition Satisfaction Date by which we have to procure the consent of Council, completion of advertising and WAPC approval is 31 March 2017. Analysis of Financial and Budget Implications An annual Lease rental of $100,000.00 plus GST per annum subject to annual CPI and Market Rent Review every fifth year. Community Consultation The proposal to lease was advertised in accordance with section 3.58 of the Local Government Act 1995 and closed on 7 December 2016, with no public submissions received. Councillor/Officer Consultation Not Applicable.


10.2.4 West Australian Regional Capitals Alliance


Responsible Officer: Andrew Brien, Chief Executive Officer


Attachments: Appendix CEO-9: Minutes of the WARCA Meeting held 16.12.16 Appendix CEO-11: Treasurers Report – June Appendix CEO-12: Treasures Report – December

Summary At the December Meeting of the West Australian Regional Capitals Alliance (WARCA) a number of recommendations were adopted regarding the future of the Alliance. This report provides an overview of the work of the Alliance to date and the proposed actions for 2017. Executive Recommendation That Council: 1. Note the report in relation to the West Australian Regional Capitals Alliance and the

resolutions from the December 2016 meeting; and 2. Agree that the Mayor and Chief Executive Officer continue to represent the City as the

Council representatives until the Local Government Elections in 2017. Background Bunbury City Council was one of the four founding members of WARCA and has been involved in the development, negotiation and monitoring of the work through the University of Western Australia and other associated projects undertaken by WARCA. During 2016 a decision was made to finalise the WARCA-UWA partnership following the completion of the final round of research. Over the past four years the following research papers were prepared by UWA:

WARCA Report Occupational Structures

WARCA Employment diversity & growth

Regional Capitals in the WA Settlement Hierarchy

Population Dynamics Report

FINAL Port Hedland local competitiveness

FINAL Karratha local competitiveness

FINAL Gr Bunbury Local Competitiveness

FINAL Kalgoorlie-Boulder local competitiveness

FINAL Geraldton Local competitiveness

FINAL Broome Key Industries

FINAL Albany Local Competitiveness

Endogenous Growth & Local Report 4

WA Capitals Identified by UWA Research

WARCA Resilience Bunbury (July 25 2016)

WARCA Resilience Broome (July 25 2016)


WARCA Resilience Albany (July 25 2016)

WARCA Resilience Karratha (July 25 2016)

WARCA Resilience Port Hedland (July 25 2016)

WARCA Resilience Kalgoorlie (July 25 2016)

WARCA Resilience Geraldton (July 25 2016) Copies of all of these reports are available publically on the WARCA website located at http://www.waregionalcapitals.com.au/research-outputs-2/ In addition to the work completed by the research partnership, WARCA has been involved in discussions leading up to the funding of the Regional Centre Development Program which resulted in the completion of the Growth Plan for Greater Bunbury along with three other of the regional city members. WARCA represents a strong and cohesive regional group with social and economic leadership capacity:

1. promotes and participates in national forums which seek to enhance the role, stature and effectiveness of regional cities and regional capitals across Australia;

2. promotes cooperation and resources sharing where these add value to members; 3. undertakes and promotes evidence based research; 4. provides research and information about regional economic development through

its website (http://www.waregionalcapitals.com.au/); 5. lobbies government and other agencies and organisations to ensure incentives and

policy measures are implemented to support sustainable growth in the regional capitals;

6. seeks to ensure infrastructure, social capital, liveability and amenity, technological support, responsive planning regimes and institutional and governance structures are in place to support economic and social activities in the regional capitals; and

7. communicates with government, communities, industry sectors and businesses.

Council Policy Compliance Not applicable Legislative Compliance Not applicable Officer Comments In addition to the research alliance the purpose of WARCA was to promote the importance of regional cities/centres to the West Australian economy, the benefits of investing in regional centres and to explore opportunities for resource sharing. Following the formation of WARCA a further group was developed incorporating the work already undertaken by EvoCities in NSW which resulted in the formation of Regional Capitals Australia (RCA). RCA has a very similar role to that of WARCA however the focus is on regional capitals across Australia. RCA has developed a substantial presence through their lobby work and have been instrumental in raising the level of awareness and involvement of regional centres at the national level.

http://www.waregionalcapitals.com.au/research-outputs-2/


At the December Meeting the following decisions were made: WARCA Resolutions (December 2016) 1. That City of Kalgoorlie Boulder (on behalf of WARCA Members) formally writes to WARCA

Member Council’s to determine their level of interest/support in calling for Expressions of Interest and/or Tenders for insurance broking or insurance services from 2017/18

2. That WARCA:

a. Notes the WARCA Strategic Directions: Status of Implementation Document b. Agrees that the key focus areas for 2017 for the organisation will be:

i. Advocacy on agreed matters. ii. Developing priority projects that are consistent across Regional Capitals. iii. CEO and organizational cooperation/collaboration on issues and projects of

common interest. iv. Requests that a Strategic Directions document be prepared for 2017

detailing the activities that will be undertaking by the organisation.

3. That WARCA: a. Agrees to the recruitment of dedicated Executive Officer resource. b. Delegates to role of scope development, selection process and recruitment to the

WARCA CEO’s (led by City of Albany) c. Receives a report on the recruitment process at WARCA’s first meeting in 2017

4. That:

a. WARCA agrees to investigate establishing a Regional Subsidiary in lieu of the pre-existing and proposed updated Memorandum of Understanding.

b. The City of Geraldton prepare a report, including a draft Charter, for WARCA’s consideration at the first WARCA meeting in 2017.

5. That Mayor Peter Long and Mayor Shane van Styn remain in the positions of Chairman and

Deputy Chairman until after the 2017 Local Government elections.

6. That the Board receive and consider the Treasurers report dated 7th December 2016 in relation to the termination of the UWA-WARCA Co-operation Agreement effective 31st October 2016 and resolve to Delegate authority to the Treasurer: a. To make the final payment to UWA under the UWA-WARCA Cooperation

agreement, b. Bring the agreement to a legally binding conclusion.

7. That the Board receive and note the Treasurer’s Report for the period ending 25th

November 2016 and accompanying financial statements.

8. That WARCA set the following meeting dates and locations for 2017:

Month Comment Location

10 February Early Feb: Select EO and confirm agenda for 2017 Perth

April Annual Meeting with Premier (post-election) Perth

June Regional Meeting. Karratha

August Coincide with WALGA Week Perth

November Coincide with RCA event/activity Canberra


A copy of the Minutes of the WARCA Meeting held 16 December 2016 are attached at Appendix CEO-9. Analysis of Financial and Budget Implications With the decision to terminate the UWA-WARCA Co-operation Agreement the Council contribution to WARCA will be reduce in future years to approximately $10,000 per annum. This amount reflects the Council contribution to the employment of an Executive Officer along with some additional funding for specifically identified projects. A copy of the Treasurers Report from the 2016 June and December WARCA Meetings are attached at Appendix 11 and 12 respectively for information. The City of Bunbury contribution is 1/7 of the total amount. This new amount has been reflected in the draft Integrated Finance Plan for 2017-2032. Community Consultation There has been no community consultation in relation to this matter Councillor/Officer Consultation The Mayor and Chief Executive Officer are the Council delegates for WARCA. The December meeting was attended by the CEO and the Mayor participated via teleconference.


10.2.5 CEO Conference Attendance Report


Author: Andrew Brien, Chief Executive Officer


Attachments: Appendix CEO-13: Economic Development Australia – National Congress presentation Appendix CEO-14: WARCA Position Papers Appendix CEO-15: Mackay City Council Economic Development Strategy Extract Appendix CEO-16: Developing a Creative City Presentation and Speaker Notes

Summary The following report provides an overview and recommendations from the Chief Executive Officer’s attendance at conferences and other related meetings from the first 6 months of this financial year. Executive Recommendation That Council: 1. Note the reports in relation to the attendance and presentations at the National Economic

Development Conference and International Cities and Towns Conference. 2. Note the reports in relation to the attendance at the SEGRA Conference, the WARCA

meeting held in conjunction with the conference and the Institute of Public Administration Australia National Congress.

3. Note the inclusion of funding in the draft Integrated Finance Plan for the identified

activities which will be formally considered by Council during the workshops on the draft Plan.

Background The report on attendance at conferences, seminars and workshops has been provided for information of elected members and to provide recommendations for consideration. Council Policy Compliance Not Applicable Legislative Compliance Not Applicable Officer Comments As part of ongoing professional development and marketing of the work undertaken by the City of Bunbury, Council officers are often provided the opportunity to speak at conferences and seminars.


Over the past year there have been a number of opportunities for this to occur and as the CEO I have recently presented at two national conferences. Whilst these provide an opportunity to showcase Bunbury and the work that has been done, it is also a great opportunity to learn from other organisations. Economic Development Australia – National Congress I was asked to speak at the National Congress held in Perth on the topic of “Investing in collaboration” and I focussed the presentation on three key projects:

Bunbury Waterfront Redevelopment

Withers Urban Renewal Projects

Creative Bunbury Strategy The conference was broken into two key themes, the first being around the leadership role that local government is taking to create investment and growth opportunities and the second being around why University partnerships are essential.

LEADERSHIP ROLE THAT LOCAL GOVERNMENT IS TAKING Economic development activities are unlike the many other roles and responsibilities of local governments as they are primarily market facing rather than citizen facing, although good public services are critical to wider economic development. In this context, local governments throughout Australia are taking a greater leadership role in the growth dynamics of regions and cities and looking beyond traditional policy levers to accelerate this growth. Australian local governments have influenced growth and renewal by creating greater synergy between policy levers, planning, and commercial investments to improve the investment readiness of projects, making them more attractive to external investments. COLLABORATING TO ACHIEVE ECONOMIC & INFRASTRUCTURE PRIORITIES If Australia’s cities and regions are to be more liveable, productive and sustainable, the provision of infrastructure must keep pace with population growth. Alongside investment in new infrastructure, maintenance of existing assets is fundamental, particularly given growth in major metropolitan centres, the requirements for job growth and lifestyle, and the capacity to pay.

Investment in infrastructure has the capacity to stimulate and enhance the productivity of the economy in both the short and long term. It is an investment that has a multiplier effect throughout the economy, generating lasting economic, social and environmental benefits. Despite this understanding there is growing recognition that there is a surprisingly poor level of cross communication and collaboration between organisations that are each influential to the design and delivery of planning and investment strategies and ultimately the prosperity and economies of our cities. WHY UNIVERSITY PARTNERSHIPS ARE ESSENTIAL Many universities want to create active partnerships with their communities and contribute to the growth and capacity of these areas. Contributions include faculty members acting as consultants for local governments or community organisations, research activities aimed at community issues, students undertaking internships or research assignments in local businesses or community organisations. Universities and related organisations can also help businesses to access world class expertise in facilities in advanced technologies and research


science as well as skills in business management and administration, accounting and finance, marketing, human resources, entrepreneurship and innovation.

A copy of the Economic Development Australia – National Congress presentation is attached at Appendix CEO-13. Overall the conference provided an insight into how other local governments in particular are addressing the issue of economic development. One of the greatest take-away messages from the conference was that Bunbury needs consider a more structured approach to economic development to ensure that the benefits of what we are currently doing are maximised. To achieve this there is a need to look at how staff can more effectively manage the interface between the business community and the Council and to further promote investment into the City. This is through policy development, business and investment facilitation to grow Bunbury. To some extent the development of the Bunbury Geographe Growth Plan will provide a framework to allow this to occur, however the City will need to take a lead role in facilitating the local government approach allowing the cluster groups to take control of the issues outside of the government areas of responsibilities. Council officers in the planning and development are developing a precinct plan for the area around the Highway Hotel to look at opportunities for development incentives to try and stimulate further development in this area towards the CBD. Further incentive programs and an economic development strategy will be developed and provided to the Council early in 2017 based on some of the lessons learnt from other organisations. To facilitate this there has been some seed funding included in the draft Integrated Finance Plan which will be considered by Council during the first half of 2017. Western Australia Regional Capitals Alliance The October meeting of WARCA was held in conjunction with the SEGRA Conference in Albany on 25 October 2016. There were a number of items discussed which are summarised below:

Development of lobby/position papers - At its last meeting WARCA agreed to prepare WARCA position papers that could be circulated to political parties in the lead up to the 2017 State Election. Four (4) papers had been prepared and these were discussed to determine what modifications and/or additions were required. There were a number of additional changes suggested and these have now been incorporated. A copy of the position papers are attached at Appendix CEO-14 to this report.

The future directions and secretariat support for WARCA was discussed post the finalisation of the UWA/WARCA research agreement. WARCA’s contracts with UWA for research and secretarial services have been finalised and discussion on how secretariat services should be operated for WARCA into the future was discussed. On behalf of WARCA I prepared a draft MoU which would see the formal arrangements for the group and the proposed actions going forward. As an outcome it was agreed that the group would consider the appointment of an Executive Officer to coordinate some of the high level activities of the group and that the Council that chairs the group would also provide the administrative secretariat services. This was further progressed at the December meeting.

There was some discussion around training for elected members and attempting to try and coordinate additional training in the regional capitals rather than elected members having to travel to Perth. This matter will not be pursued formally by WARCA however it will be raised when there are opportunities to do so.

In terms of the WARCA FUTURE AND PRIORITIES FOR 2017, the following matters were discussed:


o What has worked for WARCA in 2016 and what hasn’t o During 2016 year some members have said they’d give WARCA a chance for a

further 12 months then review and given the change in focus with the finalisation of the UWA-WARCA Agreement it is considered appropriate that formal consideration of this occurs in 2017.

o Going forward the role of WARCA needs to be reconsidered to move more towards positioning the group as a regional group that works collaboratively on issues relevant to regional centres.

o Discussion on the potential roles of the Executive Officer focussing on advocacy and developing projects linked to the Regional Centres Growth Plans

Currently there are 7 Councils/members to WARCA and there are three Councils that may be interested in joining – Busselton, Esperance and Northam

Following discussions at previous meetings the issue of the LGIS ‘WARCA INSURANCE PRODUCT’ UPDATE was discussed with an update where we’re currently at in relation to discussions with LGIS re liaison and product development for WARCA members. There was ongoing discussion in relation to the insurance, LGIS and potential for WARCA members to consider an insurance tender for the 2017/2018 financial year.

OTHER ISSUES OF DISCUSSION o General discussion around the membership to RCA and individual WARCA

contribution. General view is that it should continue and we aim to get more updates and value from the membership with this to be reviewed as part of the future of WARCA. It was also agreed that Rachel McSweeny is to be invited to WARCA in the future to make an annual presentation of the work of the National Regional Capitals Alliance.

There was general discussion around o The purpose of the group and need for all to be collectively more focused on

outcomes. o Update and discussion on potential new structure for Royalties for Regions funding

into the future. o Discussion on the secretariat function being rotated and shared between the

WARCA members. SEGRA Conference The Council resolved for Cr McGuiness and myself to attend the SEGRA Conference in Albany, however Cr McGuiness was unable to attend and his registration was reallocated to the Manager Major Projects and Property as no other elected members were available. My conference registration and accommodation was provided by Regional Development Australia as they had already booked and paid for a member who was unable to attend. In addition to the attendance at the conference, the Mayor and CEO of the City of Albany took me on a tour of the redeveloped areas of the City and provided an overview of the strategies and actions that they are undertaking to promote development and investment across Albany. There are a number of initiatives that they have implemented that could easily be tailored to Bunbury and would provide benefits if implemented. A link to all of the presentations is provided here - http://2016.segra.com.au/resource-centre/past-conferences/2016-conference-proceedings In terms of clear take-away messages from the conference, Chief Scientist of Western Australia Professor Peter Klinken identified the following in terms of creating an environment for success: • Physical

- Natural environment - Built environment

http://2016.segra.com.au/resource-centre/past-conferences/2016-conference-proceedings


- Universities, research organisations - Science / technology parks, incubators, accelerators

• Emotional - Culture that values science, innovation, creativity - Risk taking, entrepreneurship - Innovation ecosystem - mentoring, feeling valued, supported - Narrative – examples of success

• Financial - Capital - angel, seed, venture, corporate - Risk appetite (beyond resources…) - Superannuation funds to support innovative industries - Reduce regulatory burden

Whilst the above is based on State or National level thinking, in terms of relating this to Bunbury it is clear that we already have many of the key aspects for creating a successful and progressive City, or we have the ability to effectively implement strategies to address them. The presentation looked at Perth in terms of Innovation and Creativity which was based around the following key points: • Maturing city • Ingredients for a dynamic city • Energy and passion • Entrepreneurship and risk-taking • Music / Food / Wine / Arts / Culture • Science and innovation Again, all of the above are directly related to the features of the City of Bunbury, albeit on a slightly smaller scale. When looking at the issue of technology and connectivity it was highlighted that regional communities need to focus on: • Connectivity deficiencies: without the best infrastructure you could be left behind • Digital participation: ensure access, affordability and the literacy to be part of the online world. • The Smart Community Model: improve social & economic amenity through technology. • Smart Industry: facilitate exploitation of digital to enable local business to remain competitive. • Digital tourism: thousands of digitally active consumers on your doorstep, looking for

something engaging to do These issues will be addressed through the development of strategies and actions in line with the National Smart Cities Programs. It is proposed that the initial work be undertaken to enable Council to be in a position to apply for funding under the proposed guidelines. The other presentation which proved very interesting was the presentation by Mackay City Council in relation to their Economic Development Strategy and in particular the Investment Attraction component. The issues addressed in this regard are very much in line with what the City has been working on, however it has been in place for a longer period of time and is now much more structured. An extract of this presentation is attached at Appendix CEO-15. Whilst not on the same budget scale, funding has been included in the draft Integrated Finance Plan for consideration by Council in relation to incentive programs linked to specific outcomes. This will form part of a separate report to Council in the first half of 2017. In addition the Council has already allocated funding to the implementation of the Sports Marketing Program in order to attract additional sporting events to the City.


The issue of Geo-Tourism was a focus at the conference and the following is an extract from the report provided by the Manager Major Projects who also attended the conference:

Regional Tourism and Geo Tourism It is proposed that the natural environment should be a strong driver of destination Tourism for regional Australia. Geo Tourism is a rapidly emerging global phenomenon which fosters nature based tourism based upon geology and landscape as the basis for visitor engagement, learning and enjoyment, all of which serve to shape the character of a region and to enhance the total visitor experience. Geotourism attractions are now being developed around the world primarily as a sustainable development tool for local and regional communities. I was specifically interested in Geo Tourism by way of the development and opportunity in respect parks and trails. Parks and trails may be of a regional or local nature or be one of a number that form a cluster to provide a variety of experiences. Two of the key presenters and leaders in the field of Geo Tourism are based here in Western Australia, being Prof. Ross Dowling, Foundation Professor of Tourism, Edith Cowan University and Alan Briggs, PHD Candidate, Murdoch University. Geo Tourism is emerging and is yet to be fully taken onboard here in Australia, although there are several possibilities of trails and parks that have been identified here in Western Australia. It was identified that Geo Tourism Parks and Trails that have been developed throughout the rest of the word have created economic opportunity through employment and business. UNESCO already has a framework and application process for potential Geoparks. UNESCO Global Geoparks are single, unified geographical areas where sites and landscapes of international geological significance are managed with a holistic concept of protection, education and sustainable development. Their bottom-up approach of combining conservation with sustainable development while involving local communities is becoming increasingly popular. At present, there are 120 UNESCO Global Geoparks in 33 countries. Information sheets on the UNESCO Global Geoparks by country are available, with detailed information on each site. While Bunbury or the Greater Bunbury Region is not quite ready to explore the UNESCO Geopark option, I believe it is something to strive for. Particularly when the brand “Geopark” in so widely known, respected and visited in China. With the Chinese visitor market on our doorstep we should be exploring the ability to potentially create and market a Greater Bunbury Geopark to that market for future tourism and economic opportunity. Mark Exeter of the South West Development Commission has an interest in this area and I have since met with him to discuss how to explore the opportunities. Mark has close connections through Tourism Western Australia with Prof. Ross Dowling and Alan Briggs who may assist with any Geo Trail or park, should the greater Bunbury Region be interested.


Mark identified that this was something that had been overlooked in the Greater Bunbury Growth Plan for Tourism and the Regional Tourism Strategy and as such was seeking to get the matter on the table and into the relevant key and strategic documents.

The issue of the establishment of trails was raised and the Bunbury Wellington Group of CEOs has considered a separate report on this at a recent meeting and referred it to be considered further through the implementation of the Bunbury Wellington and Boyup Brook Regional Tourism Strategy. Overall the conference provided some great insights into what other local governments are doing along with input from State and National level programs. The level of “self-promotion” is something that many local governments are focused on and attendance and presentation at these conferences should be considered by elected members and council officers. Institute of Public Administration Australia National Congress Up until November 2016 I served as a member of the State Council on the Institute of Public Administration Board, a position that I have held for the past four years. The National Congress provides an opportunity to look at the work being undertaken at all levels of government. As is common with many other areas across the country, the issue of digital disruption was a key focus and how embracing technology can provide benefits to the broader community. The presentation by the City of Adelaide in relation to their use of smart technology provided some ideas that the City may be able to leverage. There was a discussion about the Renew Adelaide program which has been running for about six years using vacant business premises and reactivating them through a combination of strategies. The potential to explore this as part of the development of a business incubator program in the City is something that is currently being explored further. Adelaide City also has developed a policy in relation to investment in innovation and technology to support some of the other programs being implemented. The focus of this conference is more around professional development and the interaction between levels of government and the higher level program issues and provided me with an opportunity to network with state and federal government officers. International Cities and Towns Conference. The Council resolved for Cr Giles and myself to attend the International Cities and Towns Conference (ICTC) in 2016. In addition to attending as a delegate I chaired one of the panel sessions and presented on Developing a Creative City – the role of local government. A copy of the presentation along with speaker notes is attached at Appendix CEO-16. The ICTC is probably one of the best conferences to attend to gain an insight into what is being done by local governments across Australia and also brings an international perspective through keynote speakers. The greatest challenge with this conference is that there are usually three or four streams running concurrently and therefore attendees are unable to get to all sessions. In addition to the international keynote speakers I attended the following sessions:

Future Cities:

What makes a City Win – Matt Coetzee

Transforming Hobart, progression of the Inner City Action Plan – George Wilkie


Ensuring the Patient Survives, How place making sustains a city during open the heart surgery of accelerated development – Bruce Mills

Data driven strategies for people focused change Creative Cities

Making culture count – Georgia Moore

Developing a Creative City – the role of local government (my presentation)

Revitalising Brisbane’s forgotten spaces: The Brisbane City Council Vibrant City Program – Jessie Oliver

Art as a catalyst for building the community and the economy – Liz Ledger and Maryanne Martino

Revitalisation

Revitalisation and activation of the Mackay City Centre: The inside story Debra Howe

Changing perceptions, Changing Reality, the Nowra CBD perspective – Michael Park

Launceston City Heart Project, transforming Launceston’s CBD into a modern activity hub

Double Bay, Bust to Boom – Allan Coker

Revitalisation of Rockhampton’s Central Business District and Activation of the Riverfront Precinct – Tarnya Fitzgibbon

Canning City Centre: a case study local leadership in urban renewal and economic development – Mike Mouritz

Flexible Community Consultation to support the revitalisation of four regional town centres in NSW – Felicity Lewis

Delivering a City Revitalisation Vision: A how to guide – Chris Zidak

Community led place making

Fast Tracking the transition to community led place-making – Helen Rowe

Mount Gambier Railway Lands –A story of place making – Michael Silvy

Celebrating places: the evolution of a grants program – Amanuel Savini

When the community becomes leaders in town centre revitalisation – Valerie Hussain The presentations in Future Cities and Revitalisation streams provided a number of insights which will be incorporated into the Civic Cultural Precinct development with a particular focus on activating the area and making it a “people place”. Most of the presenters spoke about exploring what others have done prior to embarking on their projects to learn from them and incorporate the best outcomes from each project into their own developments. T here are numerous examples, both within Western Australia and Nationally that could be reviewed prior to Council finalising any decisions in relation to the Civic Cultural precinct and I would recommend that a working group of relevant staff and elected members undertake an assessment of examples across Australia as a desktop exercise in the first instance and then shortlist down some of the best examples and conduct a formal study tour. This would need to be the subject of a separate report which would be brought back to Council prior to finalising the tender for the consultants to work on the Civic Cultural Precinct. Copies of most of the presentations will be loaded onto Docs-on-Tap so that elected members can review them should they wish to do so. Analysis of Financial and Budget Implications


The report has been provided primarily for information of elected members, however where there is a specific budget impact above and beyond what is already approved this will be highlighted for Council consideration through the review of the Integrated Finance Plan. Community Consultation Not applicable. Councillor/Officer Consultation Not applicable.


10.2.6 Development Assessment Panels – Local Government Nominations




Attachments: Nil

Summary Under regulation 26 of the Planning and Development (Development Assessment Panels) Regulations 2011, the City of Bunbury is requested by the Director General, Development Assessment Panels, to nominate four (4) elected members of the Council, comprising two (2) local government members and two (2) alternate local government members to sit on the local Southern Joint Development Assessment Panel (SJDAP), as and when required. Nominations are required to be put forward by no later than 28 February 2017, using the prescribed online DAP Nomination Form. It should be noted that nominations for the four (4) local governments DAP nominees must be supported by a curriculum vitae in addition to the following mandatory information of: name; address; email; mobile and land line telephone numbers; date of birth; employer(s); position(s). It is a mandatory requirement, pursuant to the DAP regulations, that all DAP members attend training before they can sit on a DAP and determine applications. Local government members who have previously undertaken training are not required to attend further training, but are encouraged to attend refresher training. Executive Recommendation That Council: 1. Nominates the following four (4) Councillors as its nominees for local government members

on the Southern Joint Development Assessment Panel as determined accordingly:

(a) __________ (member);

(b) __________ (member);

(c) __________ (alternate member); and

(d) __________ (alternate member). 2. Requests the Chief Executive Officer write to the Minister for Planning and the WA Local

Government Association advocating for change to the timing of local government JDAP appointments to correlate with ordinary local government elections.

Background A SJDAP is an independent body established under the Development Assessment Panel (DAP) regulations that is responsible for assessing and determining development applications as if they were the responsible authority.


A key component of planning reform in Western Australia, Development Assessment Panels (DAP) are intended to enhance planning expertise in decision making by improving the balance between technical advice and local knowledge. The SJDAP determines development applications that meet set type and value thresholds as if it were the responsible authority under the relevant planning instrument, such as the local planning scheme or region planning scheme. The regulations state that SJDAP applications cannot be determined by local government or the Western Australian Planning Commission (WAPC). Property developers can opt to have Development Applications valued between $2 million and $10 million, determined by the SJDAP. It is mandatory for Development Applications $10 million or more to be determined by the SWJDAP. The SJDAP covers the following local government areas of Albany; Augusta-Margaret River; Boyup Brook; Bridgetown-Greenbushes; Broomehill-Tambellup; Bunbury; Busselton; Capel; Collie; Cranbrook; Dardanup; Denmark; Donnybrook-Balingup; Gnowangerup; Harvey; Jerramungup; Katanning; Kent; Kojonup; Manjimup; Nannup; Plantagenet and Woodanilling. Each DAP comprise five members: three (3) specialist members, one of which is the presiding member, and two (2) local government members. The role of DAP members is to determine development applications through consistent, accountable, and professional decision-making. Following receipt of all local government nominations, the Minister for Planning will consider and appoint nominees for up to a three-year term, expiring on 26 April 2020. All appointed local members will be placed on the local government member register and advised of DAP training dates and times. Council Policy Compliance Not applicable. Legislative Compliance The nomination of local government members to the SJDAP is in accordance with the Planning and Development Act 2005 and associated Planning and Development (Development Assessment Panels) Regulations 2011. Officer Comments The Department of Planning has advised the City of Bunbury in correspondence received on 4 January 2017, that appointments of all local government DAP members expire on 26 April 2017 with members whose term has expired will be eligible for re-consideration at this time. Previously, the City of Bunbury’s local government members were:

(a) Cr Betty McCleary (Member);

(b) Cr Murray Cook (Member);

(c) Cr Michelle Steck (Alternate Member); and

(d) Mayor Gary Brennan (Alternate Member). Local government elections may result in a change to local DAP membership if current councillors, who are DAP members, are not re-elected. In this instance, the alternate local DAP members will


take the place of the former local DAP members. If both local and alternative local members are not re-elected, the local government will need to re-nominate for the Minister’s consideration of appointment. Analysis of Financial and Budget Implications There are no direct financial implications; however local SJDAP members are entitled to be paid for their attendance at SJDAP training and at SJDAP meetings, unless they fall within a class of persons excluded from payment. Members who are not entitled to payment of a sitting, training and State Administrative Tribunal attendance fees include Federal, State and local government employees, active or retired judicial officers and employees of public institutions. These members are not entitled to be paid without the Ministers consent, and such consent can only be given with the prior approval of Cabinet. Community Consultation Not applicable. Councillor/Officer Consultation Not applicable.


10.2.7 Reconciliation Action Plan


Responsible Officer: Andrew Brien, Chief Executive Officer


Attachments: Appendix CEO-19: Innovate RAP Template Appendix CEO-20: Reflect RAP Template Appendix CEO-21: Stretch RAP Template Appendix CEO-22: Elevate RAP Template

Summary At the Ordinary Council Meeting of 13 December 2016, Cr Cook provided a motion on notice for the CEO to investigate the development of a Reconciliation Action Plan (RAP) for the City of Bunbury and report back to Council. This report is provided in response to that motion. Executive Recommendation That Council: 1. Note the report in relation to the development of a Reconciliation Action Plan and the work

that has already been done in relation to addressing the issues covered in a Reconciliation Action Plan;

2. Consider the allocation of funding in the 2017/18 budget to progress the development and

implementation consistent with the templates and guidelines developed by Reconciliation Australia;

3. Authorise the CEO to commence the process to enable a Reconciliation Action Plan to be

developed prior to Reconciliation Action Week 2018. Strategic Relevance Key Priority Area 1 Community and Culture Objective 1.2 Promote and celebrate multiculturalism Background At the Ordinary Council Meeting of 13 December 2016, Council resolved That the CEO investigate and report back to Council his recommendations, by the first round of meetings in March, 2017, the feasibility/value of the City having a Reconciliation Action Plan. The resolution sought to have the CEO investigate and report back to Council the feasibility of the City of Bunbury developing a Reconciliation Action Plan. Council Policy Compliance Council Policy: Equal Opportunity


Legislative Compliance Not applicable Officer Comments There has been substantial research undertaken in relation to the development of Reconciliation Action Plan (RAP) for the City. It is noted that in order to have a RAP endorsed to launch during National Reconciliation Week or NAIDOC week it would need to be submitted by Friday 3 February 2017. As this timeframe is not achievable it is proposed to set a timeframe to achieve the 2018 deadline as it is felt that this will ensure that the appropriate level of consultation and engagement can occur. The following information is provided from the Reconciliation Australia Web Site as further information. What is the RAP program? The Reconciliation Action Plan (RAP) program is a framework for organisations to realise their vision for reconciliation. Through the program, organisations develop a RAP—a business plan that documents what an organisation commits to do to contribute to reconciliation in Australia. A RAP enables organisations to commit to implementing and measuring practical actions that build respectful relationships and create opportunities for Aboriginal and Torres Strait Islander peoples. There are four (4) levels of RAP being:

Reflect o A Reflect RAP is for organisations just starting out on their reconciliation journey

and who need to build the foundations for relationships, respect and opportunities. o A Reflect RAP will give your organisation the time and opportunity to raise

awareness and support for your RAP inside your organisation. It will also assist you to develop a solid RAP governance model and build the business case for future commitments to cultural learning, and practising cultural protocols considering Aboriginal and Torres Strait Islander employment.

Innovate o An Innovate RAP is for organisations that have developed relationships with their

Aboriginal and Torres Strait Islander stakeholders and are ready to develop or implement programs for cultural learning, Aboriginal and Torres Strait Islander employment and supplier diversity.

o An Innovate RAP will give your organisation the freedom to develop and test new and innovative approaches, and embed the RAP in your organisation.

Stretch o A Stretch RAP is for organisations ready to challenge themselves by setting targets

for the actions outlined in their RAP. o A Stretch RAP will give your organisation the opportunity to focus on tried and

tested strategies and programs and set clear and measurable targets to deepen its impact.

Elevate


o An Elevate RAP is for organisations with a long, successful history in the RAP Program; a current Stretch RAP and a willingness to significantly invest in reconciliation.

o Elevate RAP organisations are among an elite group of leaders driving reconciliation in their sector.

A copy of each of these template reports obtained from Reconciliation Australia are attached at Appendix CEO-19 to CEO-22. Working through each of type of RAP provides a logical approach should Council wish to progress beyond the development of a formal RAP. Whilst the documented RAP is a written demonstration of an organisations commitment to reconciliation, the City has already undertaken extensive work in this space. There have been projects across the City that have been extensively driven through engagement and involvement of the local Aboriginal people. The City has dedicated indigenous traineeships on an annual basis, and engagement in relation to projects is ongoing. There has been a long-standing commitment to celebrating the significance of Noongar Culture through BRAG’s annual Noongar Country exhibition and related programs, and the new Museum and Heritage Centre has placed strong emphasis on Bunbury’s significance for Noongar people. Council actively supports annual NAIDOC week celebrations and the City has made a commitment to work with the Noongar Boodja Language Centre to make Council services more accessible to Aboriginal people. Benefits of developing a RAP A RAP gives your organisation the best chance of achieving Aboriginal and Torres Strait Islander engagement objectives, and delivering broader outcomes including:

The opportunity to become an employer of choice for Aboriginal and Torres Strait Islander peoples.

A more dynamic, innovative and diverse workforce.

A more culturally safe and tolerant workplace.

Access to new markets and better penetration of existing markets.

Better service delivery to Aboriginal and Torres Strait Islander peoples and communities.

The opportunity to contribute to new projects, industries, services, products and ways of doing business.

Working with Reconciliation Australia Reconciliation Australia is an independent, national not-for-profit organisation promoting reconciliation by building relationships, respect and trust between the wider Australian community and Aboriginal and Torres Strait Islander peoples. Through their programs and initiatives they work to connect people and organisations; provide frameworks for action, resources; and policy advice and promote success and engagement activities. They support hundreds of organisations across Australia to participate in the RAP program and can provide advice, templates and resources as well as provide feedback on your draft RAP. Analysis of Financial and Budget Implications

http://www.reconciliation.org.au/raphub/resources/


There is currently no specific funding identified for this proposal and as such it considered appropriate to consider the allocation in the 2017/18 budget. Further research will be undertaken to determine the cost implications prior to budget workshops. Community Consultation At this stage there has been no community consultation other than information provided by Cr Cook to Troy Bennell and Lera Bennell who are well respected Noongar Community Members who have advised that there is support from elders and community members and look forward to participating in the development of a RAP when council commences the formal process. Councillor/Officer Consultation Officers have considered this matter and whilst there has already been substantial work undertaken internally in progressing these matters, this has not been in the form of a formal Reconciliation Action Plan.


10.2.8 Proposed Deed of Lease – Bunbury and Districts Power Boat Club

File Ref: F00022-02

Applicant/Proponent: Bunbury & Districts Power Boat Club

Responsible Officer: Felicity Anderson, Manager Major Projects & Property


Attachments: Appendix CEO-23: Location Plan

Summary The City of Bunbury has been approached by the Bunbury & Districts Power Boat Club (the Applicant) requesting a Deed of Lease over portion of Reserve 33620, Lot 3001 Marabank Loop, Bunbury (a Crown Reserve vested in the City of Bunbury) for a term of (5) years, for use as clubrooms. A location plan is attached at Appendix CEO-23. Executive Recommendation That Council agrees to the proposed Deed of Lease to the Applicant over portion of Reserve 33620, Lot 3001 Marabank Loop, Bunbury for a term of five (5) years for use as Clubrooms subject to the terms and conditions as specified in the report, and the following: 1. Advertising in accordance with the provisions of Section 3.58 of the Local Government Act

1995. 2. The Applicants to pay the full cost of document preparation. 3. Approval of the Minister for Lands. Strategic Relevance Key Priority Area 1 Community and Culture Objective 1.4 Increase participation in sport and leisure activities Background The Bunbury & Districts Power Boat Club have had a lease over this Land since 1988 with several renewals being agreed to by Council. It is the Club’s intention to eventually merge with the Bunbury Sailing Club in line with the Marina Precinct proposal which will take some time to implement. A new lease will assist the Club with this transition. Council agreed to a 21 year lease extension on 9 May 1994 under the following conditions: (a) The Club’s program of work commitment being included in the lease agreement. (b) Approval being obtained from the Minister for Lands. (c) The lease being based on the existing building area and include a joint management agreement

for the adjoining car park and landscape areas. (d) Annual rental be at the Valuer General’s valuation.


(e) All costs associated with the preparation of the lease being borne by the Power Boat Club. The Lessee has complied with all terms and conditions of the current lease. Current Lease Details

Commencement: 15 March 1995

Term: Twenty one (21) years

Expiry Date: 14 March 2016

Lease Area: 1688.7m2

Rental: $3,780.11 per annum plus GST and Market Rent Review ( Note: Rent was previously $11,850.36 plus GST per annum prior to Councils Leases and Licences Policy review as per Council decision 238/16 on 12 July 2016)

Outgoings: Lessee responsible for all outgoings

Insurance: Public liability $5M Insurance and fixtures and fittings Insurance

Special Conditions: Lessee responsible for landscaping to area marked blue

Preparation of Lease:

Lessee to pay all costs associated with document preparation

Proposed New Lease

Commencement: 1 February 2017

Term: Five (5) years

Expiry Date: 31 January 2022

Lease Area: 1688.7m2

Rental: $3,780.11 plus GST per annum subject to annual CPI in accordance with the City’s Leasing and Licensing Policy

Outgoings: Lessee responsible for all outgoings

Insurance: Public Liability $10M Insurance and fixtures and fittings Insurance

Special Conditions: 1) A lease for a five (5) year term (subject to Council approval), no option and with a 12 month notice redevelopment/get our clause available to both parties. Should the Applicant not have a new facility at the end of the five years, Council will reconsider a potential new lease relative to all considerations at that time.

2) Lessee responsible for landscaping to area marked blue on the attached plan.

3) The grassed area up to the sea wall is not to be part of the Leased Area, a copy of the Lease Plan is to be forwarded to Racing Gaming and Liquor upon preparation of the Lease.

Preparation of Lease:

Lessee to pay all costs associated with document preparation

Council Policy Compliance Council’s Leases and Licences Policy applies. Legislative Compliance The notice of intention to grant the applicants a Deed of Lease will be published in the City Focus column of the Bunbury Mail Newspaper, displayed at the City’s Libraries, the Administration centre and on the City’s website in accordance with Section 3.58 of the Local Government Act 1995.


Officer Comments The Applicant is agreeable to a five (5) year lease term. They have advised it is their intention to move on from their current premises and eventually have a joint facility with the Sailing Club. However their knowledge of the plan and timeframes indicate that this part of the overall development won’t be happening for a least the next five (5) years. Analysis of Financial and Budget Implications The applicants will be responsible for all costs associated with the preparation of documentation associated with the new lease. It is noted the Club had been in “holding over” since March 2016, subject to the review and endorsement of Councils Leases and Licences Policy. The Policy was updated on 12 July as per Council decision 238/16. Immediately thereafter the annual fee was reduced from $11,850.36 plus GST per annum to $3,780.11 plus GST per annum for the remainder of their holding over period until a new Lease Agreement was determined. Community Consultation Advertising in accordance with the provisions of Section 3.58 of the Local Government Act 1995. Councillor/Officer Consultation Development Coordination Unit have advised on 29 November 2016, there are no objections to the proposed lease however advise the grassed area up to the sea wall is not to be part of the Leased Area, a copy of the Lease Plan is to be forwarded to Racing Gaming and Liquor upon preparation of the Lease.


10.2.9 Waste Management Options

Applicant/Proponent: Internal



Attachments: Confidential Appendix CRUSC-2-1: Waste Management Report

Summary As part of the review of Waste Management Operations, a report was commissioned regarding the future ownership options of the Stanley Road Waste Management Facility along with ownership options for the Bunbury Harvey Regional Council. The report was provided to the Council at the August 2016 Ordinary Meeting as a confidential report. The Council subsequently requested that the Mayor and CEO meet with the Shire President and CEO of the Shire of Harvey to discuss the report. A meeting took place as outlined however there has been no further progress in relation to a decision from the Shire of Harvey. At the Ordinary Meeting of the Bunbury Harvey Regional Council a resolution was passed requesting a position from both the Shire of Harvey and the City of Bunbury in relation to the future ownership and use of the Stanley Road Site.. Executive Recommendation That Council: 1. Note the report in relation to the ownership options for the Bunbury Harvey Regional

Council;

2. Establish a working group comprising the Mayor, Cr_________, Cr__________, Cr_______ and relevant officer to consider all the proposed options and provide a recommendation to Council prior to March 2017;

3. Request the Chief Executive Officer to advise the Bunbury Harvey Regional Council and

Shire of Harvey of the establishment of the working group. Background A report has been prepared by Management Technology Solutions in relation to the future ownership options of the Bunbury Harvey Regional Council. This report was identified through the review of waste operations undertaken previously by Council staff.

A copy of the confidential report has been provided under separate cover at Confidential Appendix CRUSC-2-1)

The report has identified a number of issues which need to be considered in more detail and Council will need to formalise a position so that consultation can advise both the Bunbury Harvey Regional Council and the Shire of Harvey of the proposed position going forward.


Given the complexity of the matters involved it is recommended that a working group be established to review the report in detail and make a recommendation to Council on the future direction.

As the matter is yet to be considered by Council and a formal position endorsed, the working group should operate on a confidential basis.

Officers Comments The Report prepared by Management Technology Solutions identified five options for consideration in relation to the future ownership of the Bunbury Harvey Regional Council and the Stanley Road Landfill Site. These options are: • Option 1 No change in ownership. • Option 2 Equal ownership by the current tenants in common. • Option 3 Sale of the site. • Option 4 Lease of the site to the private sector. • Option 5 Joint venture with the private sector. The working group will be required to consider each of the options plus any other option that may arise through the discussions and provide a report back to Council with a preferred model. The Chief Executive Officer will be responsible for coordination of the working group and the preparation of the final report back to Council. The working group will liaise with the Shire of Harvey and the Bunbury Harvey Regional Council to keep them informed of issues and options going forward. Once a final decision is made in relation to the future direction a formal position will be provided to both Councils.

Council Policy Compliance Not applicable.

Legislative Compliance Division 4 of Part 3 of the Local Government Act 1995 deals with the establishment and operation of a regional local government Analysis of Financial and Budget Implications There is no financial impact of forming the working group and making a recommendation to Council. Community Consultation Not applicable. Councillor/Officer Consultation This report brings the matter to the attention of Elected Members. Discussions have been held with the CEO of the Bunbury Harvey Regional Council and the Shire President and CEO of the Harvey Shire Council.


10.3 Director Corporate and Community Services Reports

10.3.1 International Relations Committee Composition


Author: Carol McDowall, Senior Officer International Relations

Executive: Stephanie Addison-Brown, Director Corporate and Community Services

Attachments: Nil

Summary There are two community representative positions vacant on the International Relations Committee (IRC). Three nominations were received for the two available positions. Assessment of the applicants is now complete and Council endorsement is now being sought. Executive Recommendation That Council: 1. Appoints the following persons as community members of the International Relations

Committee: a. Mr Viet Hung Ha (Eric) b. Mr Yan Lyu

2. Amends the membership composition of the International Relations Committee to include

an additional ex-officio role as below: a. Mrs Valda Smith – advisor to the 25th Anniversary Celebrations with Setagaya sub-

committee

Absolute Majority Vote Required Strategic Relevance Key Priority Area 1 Community and Culture Objective 1.2 Promote multiculturalism Background The International Relations Committee (IRC) was established by Council in August 2015. The purpose of the group is to provide advice and support in the ongoing development of relationships and strategic opportunities with Setagaya-Japan, Jiaxing-China, and Nha Trang – Vietnam. The group is comprised of the following representatives:

Five Community Members (voting)

Two City of Bunbury Councillors (voting) After the recent resignation of two community members, an expression of interest was sought from people living in the Greater Bunbury Region with experience in or interest in international relations.


Three applications were received for two vacancies. Council Policy Compliance The IRC operates under the Council’s Code of Conduct and within the regulations of the Local Government Act 1995. Members should notify the chairperson for items in which they have a financial, proximity or impartiality interest before the meeting commences. Legislative Compliance Not applicable. Officer Comments An advertisement seeking nominations for community members to join the IRC was published on 12 October in the City of Bunbury’s Focus page in the Bunbury Mail. Applications closed on Friday 21 October 2016. Upon advertising the vacant positions, three nominations were received from the community. The applicants were assessed by a panel on the criteria set out in the nomination form and ability to contribute to the group. The proposed applicants all possess a passion and dedication to multiculturalism and positive international relations. Their backgrounds in engaging with international communities including but not exclusive to our sister and friendship cities were also considered. The following individuals are recommended as community representatives:

1. Mr Yan Lyu 2. Mr Viet Hung Ha (Eric)

It is proposed that Mrs Valda Smith serve the Committee as an Ex-Officio Representative, representing the head of the sub-committee for the 25th anniversary celebrations with Setagaya.

Analysis of Financial and Budget Implications Not applicable. Community Consultation Nil Councillor/Officer Consultation Applications for the vacancies were assessed by a panel comprising the following Officers:

Director Corporate and Community Services

Manager Governance

Senior Officer International Relations


10.3.2 Draft Greater Bunbury Age Friendly Communities Strategy


Responsible Officer: Ryan Campbell, Community Development Officer

Executive: Stephanie Addison-Brown, Director Corporate and Community Services

Attachments: Appendix DCCS-1: Greater Bunbury Age Friendly Strategy Strategic Report Appendix DCCS-2: Greater Bunbury Age Friendly Strategy Strategic Report Appendices

Summary The City of Bunbury, Shire of Dardanup and Shire of Harvey have developed a partnership to develop the Greater Bunbury Age Friendly Communities Strategy (“the Strategy”). The Strategy aims to focus on the important role older people have in our community. It will provide a framework when planning our communities to ensure older people are given the support they need to remain an active and contributing member of society and are able to age in their chosen place and community. At the Ordinary Council meeting on 1 November 2016 Council endorsed the draft Strategy for the purposes of public advertising. The Strategy was advertised seeking public comment for a two week period until 28 November 2016. Two submissions were received and both raised themes that were consistent and supportive of the key objectives of the Strategy. No objections were received so therefore no amendments are required to the advertised document. Executive Recommendation That Council endorse the draft Greater Bunbury Age Friendly Strategy. Strategic Relevance Key Priority Area 1 Community and Culture Objective 1.1 Establish Bunbury as the most accessible regional city in Australia by 2020 Key Priority Area 5 Corporate Objective 5.7 Deliver services in a manner commensurate with community expectations Background In 2015 the City of Bunbury received grant funding to the value of $30,000 from the SWDC and $10,000 from the Department of Local Government and Communities. This funding was to:

Prepare an Age-Friendly Community Plan for the City of Bunbury, the Shire of Harvey and the Shire of Dardanup which embraces the methodology of the World Health Organisation.

A tender process was conducted to engage a consultant to develop a Greater Bunbury Age Friendly Communities Strategy. Creating Communities was engaged by the three partnering local governments and the South-West Development Commission to facilitate the development of a join strategy.


The draft Strategy was developed by external consultants after a period of active community engagement. The key focus area and recommendation strategy is based on World Health Organisations Global Age Friendly Cities Guide. It identifies seven key focus areas: 1. Transport 2. Housing 3. Communication & Information 4. Social Networks / Inclusion 5. Community Participation / Volunteerism 6. Health & Support Services 7. Outdoors Spaces & Buildings

The recommendations contained within the Great Bunbury Aged Friendly Strategy will enable both regional and local initiatives to be developed in the future that support our aging community members.

Council Policy Compliance Not applicable Legislative Compliance Not applicable Officer Comments There are currently 81,628 people living in Greater Bunbury, which accounts for 3.6% of the population of Western Australia (ABS, 2011). Of the total number of people living in Greater Bunbury, 19,541 people are aged 55 and over (23.9%) (ABS, 2011). By 2026, the Greater Bunbury population is predicted to grow to 112,650, and of these 32,870 will be aged 55 and over (29.2%) (Western Australian Planning Commission, 2015). This increase in the number of residents aged 55 years and over emphasises how critical a high quality and collaborative approach to creating age-friendly communities in the region will be to the region's future sustainability and prosperity. The Greater Bunbury Age Friendly Communities Strategy will assist the City of Bunbury and Harvey and Dardanup Shires to plan and prepare for these changes and make the Greater Bunbury Region are more age-friendly place live. Analysis of Financial and Budget Implications No further budget funding is required at this stage. Future initiatives developed to meet the objectives of the Strategy will require Council consideration and may potentially require a future supportive budget allocation. Community Consultation During the development of the Strategy eight workshops were facilitated for community members and their carers the Greater Bunbury region, with a total of 31 participants. Two service provider workshops and one thought leader workshop were separately facilitated, with a total of 23


participants. Please refer to Appendix C for further information on community consultation attendance, comments and suggestions. It is recognised that public attendance at the above workshops was low. It is envisaged that if Council endorse this report, the three local governments and the SWDC would collaborate on a broader, more intense advertising period for the promotion of the draft Greater Bunbury Age Friendly Communities Strategy to our community members and welcome any further comments for consideration. In November 2016 the public were given the opportunity to have their say on the draft Strategy over a period of two and half weeks via social media and regular media advertising. Two submissions were received during this period which was supportive of the Strategy. No objectives were received. Councillor/Officer Consultation Elected Members, the Executive Leadership team and relevant City of Bunbury staff were invited to the relevant workshops. The final draft of the Report has been provided to the Executive Leadership team for comment and approval.


10.4 Director Planning and Development Services Reports 10.4.1 New Delegation Public Health Act 2016 and Criminal Procedure Act 2004 – Appointment of

Authorised Officers


Responsible Officer: Sarah Upton, Manager Environmental Health Services

Executive: Mal Osborne, Director Planning and Development Services

Attachments: Nil

Summary The Public Health Act 2016 received Royal Assent on 25 July 2016. The Health Act 1911 (the old Act) will be phased out over a period of 3-5 years through a staged process and replaced by the Public Health Act 2016. This report informs the Council of the commencement of the Public Health Act 2016, and provides the Chief Executive Officer with the appropriate delegation to designate Environmental Health Officers as authorised officers. In addition, the Health (Asbestos) Regulations 1992 have been amended to increase the penalties for offences under the regulations and allow local governments to issue infringement notices for specified offences. This report also seeks to provide the Chief Executive Officer with the appropriate delegation to designate the appointment of relevant Officers as authorised and approved officers for purpose of Part 2 of the Criminal Procedure Act 2004 Executive Recommendation That Council: 1. Delegates to the Chief Executive Officer the authority in accordance with section 21 (1)(b)(i) of

the Public Health Act 2016 to: designate a person or class of persons as authorised officers for the purposes and provisions of the Public Health Act 2016; and

2. Delegates to the Chief Executive Officer the authority for the purpose of Part 2 of the Criminal

Procedure Act 2004 to: designate a person or class of persons as Authorised Officers or Approved Officers for the purposes of Part 2 of the Criminal Procedure Act 2004.

Absolute Majority Required Strategic Relevance Key Priority Area 5 Corporate Objective 5.2 Maintain a high standard of corporate governance and improve access to

information. Key Priority Area 3 Natural and Built Environment Objective 3.3 Improve public health and safety Background


Under the provisions of the old Act, Environmental Health Officers employed by Local Governments were “approved” through the powers conferred to the Executive Director Public Health from the Department of Health WA. Under the provisions of Section 21 of the Public Health Act 2016, the Local Government, also referred to as an enforcement agency, has the power to delegate the duty conferred or imposed on it, to the Chief Executive Officer. The Health (Asbestos) Regulations 1992 have been amended to allow local governments to issue infringement notices for specific offences due to the significant public health risks associated with the mishandling of asbestos cement materials. Local Governments across the state have been advocating for the ability to issue infringement notices as an immediate measure to deter unlawful conduct and encourage compliance

Council Policy Compliance Not applicable Legislative Compliance Part 2, Division 2 and Division 4 of the Public Health Act 2016 Health (Asbestos) Regulations 1992 Criminal Procedures Act 2004 Officer Comments The new Public Health Act 2016 provides modern legislation to regulate public health in Western Australia. The Act will repeal much of the outdated Health Act 1911 and is designed to better protect and promote the health of all Western Australians. The Public Health Act 2016 provides a flexible and proactive framework for the regulation of public health. Key features of the Act include:

Promoting public health and wellbeing in the community

Help prevent disease, injury, disability and premature death

Inform individuals and communities about public health risks

Encourage individuals and their communities to plan for, create and maintain a healthy environment

Support programs and campaigns intended to improve public health

Collect information about the incidence and prevalence of diseases and other public health risks for research purposes

Reduce the health inequalities in public health of disadvantaged communities.

Local governments will enforce the Public Health Act 2016. Authorised officers (previously known as environmental health officers) are responsible for investigating any public health matter within their local government boundaries. Traditionally, under the provisions of the Health Act 1911, all Environmental Health Officers (EHOs) were “approved” by the Executive Director Public Health (EDPH) to perform specified functions of the Act. The EDPH was a specified role within the Health Act 1911 and the person assigned to that role was an employee of the Department of Health WA. Each time a Local Government appointed an EHO, it had to seek “approval” from the EDPH for that EHO to undertake the duties of the Health Act 1911. This application process can take several weeks with the EHO being ultimately issued with an authority card through the Department of Health.


The introduction of the Public Health Act 2016 will see EHOs be referred to as Authorised Officers and as such are to be designated and authorised by the Local Government that employs them, and no longer relies on “approvals” from the Department of Health WA. The Local Government may delegate the function of authorising officers to the Chief Executive Officer. As such, the administrative process for issuing approvals for authorised officers can be undertaken with minimum delay and EHOs can be given authority to perform their functions almost immediately after they are employed through the delegation of that duty to the Chief Executive Officer. Section 30 of the Public Health Act 2016 specifies that an authorised officer must be issued a certificate of authority card by the Local Government. It is envisaged that this certificate of authority card would be signed or approved by the delegate of the Council who it is recommended would be the Chief Executive Officer. As part of the review of legislation under the old Health Act 1911, the Health (Asbestos) Regulations 1992 have now been amended to allow local governments to issue infringement notices for specific offences due to the significant public health risks associated with the mishandling of asbestos cement materials. Local governments across the state have been advocating for higher penalties and the ability to issue infringements notices as an immediate measure to deter unlawful conduct and encourage compliance. Although the Regulations will be repealed as part of the broader implementation of the Public Health 2016, this will not occur until the final stages of the implementation, approximately 3-5 years away. As an interim measure until the modern penalty framework for the Public Health Act 2016 applies, the penalties under the Regulations are to be increased and local governments given the ability to issue infringement notices for offences.

To allow these changes to occur, a local government may appoint a person or class of persons to be authorised officers or approved officers for the purposes of Part 2 of the Criminal Procedure Act 2004, and these appointments must be in writing Authorised officers will be the persons who are authorised to issue infringement notices under the Regulations on behalf of the local government. Approved officers are the persons authorised to extend the period to pay or withdraw an infringement notice but they are not eligible to also be appointed as an authorised officer. It is intended that as a minimum, Environmental Health Officers (including the Manager Health) be appointed as authorised officers, and the Director Planning and Development Services be appointed as an approved officer. This will enable the Manager Health to respond to after-hour asbestos complaints and issue infringement notices as required. As the local government must provide a person authorised to issue infringement notices with a certificate, badge or identity card identifying the officer as a person to issue infringement notices under the Regulations, it is intended that the certificate of authority issued under section 30 of the Public Health Act 2016 will provide the necessary documentation for an authorised officer. Analysis of Financial and Budget Implications Not applicable Community Consultation Not applicable


Councillor/Officer Consultation This matter is presented to Council for consideration.


10.4.2 Amendment to Development Approval DA/2016/210/1 - Proposed Ancillary Dwelling – Lot 98,

#15 Doolan Street, Carey Park

File Ref: DA/2016/210/2

Applicant/Proponent: Geoffrey Duncan Ogden

Responsible Officer: Matthew Wansborough, Planning Officer


Attachments: Appendix DPDS-1: Proposed Amended Development Plan Appendix DPDS-2: Location Plans Appendix DPDS-3: Photographs Appendix DPDS-4: Schedule of Submissions Appendix DPDS-5: Approval Letter for DA2016/210/1

Summary This application is to amend the previous development approval (DA/2016/210/1) relating to the placement of a transportable building to act as an ‘ancillary dwelling’ within the rear yard of the residential property at Lot 98 (No. 15) Doolan Street, Carey Park. The proposed amended development plan is attached at Appendix DPDS-1. The proposal consists of a 2.7m high, 12m long, 3m wide transportable dwelling to be relocated from its approved position in the centre of the grassed rear yard, parallel to the rear boundary, to a new position along the northern boundary of the rear yard, perpendicular to the existing dwelling. Executive Recommendation That Council, in accordance with the Planning and Development Act 2005 (as amended), hereby resolves to grant amended development approval (application reference: DA/2016/210/2) for the proposed ancillary dwelling at Lot 98 (No. 15) Doolan Street, Carey Park, subject to all the conditions on the original notice of development approval (attached at Appendix DPDS-5) except for a new additional condition (No. 1.12) as follows:

(1.12) All water draining from roofs or other impermeable surfaces shall be directed to garden areas, sumps or rainwater tanks within the subject lot, to the satisfaction of the City of Bunbury.

Strategic Relevance Key Priority Area 3 Natural and Built Environment Objective 3.4 Facilitate Urban Design, Diversity of Land Uses and Enabling Infrastructure Background The subject site is located on Doolan Street in Carey Park and is 825m² in area. The subject site and surrounding land is included in the ‘Residential Zone’ with a residential density coding of ‘R20/30’. The site contains a single fibro and tile constructed residential dwelling set back approximately 11 metres from its frontage to Doolan Street.


The site is bounded by similar residential properties to the east, north and west and to the south by a wooded reserve. A location plan and photographs of the property showing the subject site and its surrounds are attached at Appendices DPDS-2 and DPDS-3. The proposal consists of a 2.7m high, 12m long, 3m wide metal framed transportable dwelling with colour bond panel walls, which is proposed to be located on the north side of the grassed rear yard parallel to the northern boundary. It has three windows and a door to the front and one rear window. Internally, there is an enclosed bathroom and an open plan kitchen, living and sleeping space with a covered patio area to the rear between the building and the northern boundary. The existing dwelling is occupied by 5 (five) full-time students and it is anticipated that the proposed ancillary dwelling will provide additional rental accommodation for students, etc. The previous application was approved at the ordinary Council meeting on 1 November 2016. The applicant is now seeking to reposition the transportable building within the rear yard in order to move it away from the source of bushfire risk in the adjoining reserve and thereby reduce the cost of meeting the building requirements under Australian Standard 3959: Construction of buildings in bushfire-prone areas (AS3959). The amended development plans are attached at Appendix DPDS-1. Legislative Compliance The following statutory planning instruments of the State Planning Framework and Local Planning Framework are applicable to the assessment of this application for development approval: - Planning and Development Act 2005; - Planning and Development (Local Planning Schemes) Regulations 2015; - State Planning Policy 3.1 Residential Design Codes; - City of Bunbury Town Planning Scheme No. 7 (TPS7); and - City of Bunbury Local Planning Policy 3.13 - Sea Containers and Transportable or

Relocatable Storage Containers and Structures. Officer Comments The key policy consideration for this proposal is contained within paragraph 8.8 of the City of Bunbury’s Local Planning Policy 3.13 - Sea Containers and Transportable or Relocatable Storage Containers and Structures, which states as follows: “Sea containers and other similar transportable / relocatable storage containers or structures may not be permitted for habitable use as a dwelling or mixed use development, or conversion for habitable use as a dwelling or mixed use development, either permanently or for short-term accommodation, unless: (a) a dwelling is a permitted land use class in the zone; and (b) it can be demonstrated that the proposal complies with the development standards and

requirements for a dwelling under the Residential Design Codes; and


(c) it can be demonstrated that the proposal meets the provisions of a Class 1, 2, 3 or 4 building under the Building Code of Australia; and

(d) it will not detrimentally impact upon the amenity of the local area in which the

development is to be situated; to the specifications and satisfaction of the local government.” The development application has been assessed against the four requirements set out above as follows: (a) a dwelling is a permitted land use class in the zone;

The subject site is included in the ‘Residential Zone’ with a density code of ‘R20/30’ and under the City of Bunbury Town Planning Scheme No.7, an ancillary dwelling is a ‘D’ use meaning the use is not permitted unless the local government has exercised its discretion by granting development approval. As such, the development of a residential use in a residential zone can be permitted provided it satisfies other development requirements as set out below. (b) it can be demonstrated that the proposal complies with the development standards and

requirements for a dwelling under the Residential Design Codes. The amended development proposal with the transportable building in its new position has been assessed against Part 5.5.1 of the Residential Design Codes (R-Codes) which deals specifically with ancillary dwellings. It is considered that the proposal is consistent with the requirements of this part of the R-Codes in that it meets the definition of an ‘ancillary dwelling’, is associated with and on the same lot as a ‘single house’, the lot is more than 450m2 in area and the ancillary dwelling is less than 70m2 in area. The proposal also meets the requirements of other relevant parts of the R-Codes in that there is sufficient car parking available within the lot, appropriate setbacks from boundaries, open space, etc. (c) it can be demonstrated that the proposal meets the provisions of a Class 1, 2, 3 or 4 building

under the Building Code of Australia. The proposal is capable of demonstrating that it can be classed as a type of residential dwelling. As part of the building permit process the applicant is required to demonstrate compliance with the Building Code of Australia (BCA), which references Australian Standard 3959: Construction of buildings in bushfire-prone areas (AS3959). (d) It will not detrimentally impact upon the amenity of the local area in which the

development is to be situated. As with the original application, there is concern expressed by a submitter that the proposal would lower the standard of housing in Carey Park and cause additional problems with car parking, etc. It is considered that the standard of the proposal as a pre-fabricated transportable dwelling is more suited to a mine site rather than a residential neighbourhood. However, the proposal is located in a rear garden and will not be visible from the street. Therefore, it may arguably be regarded as having limited adverse impact on the amenity and character of the area, even though it will do little to enhance it.


It should be noted that the application site lies within a Bushfire Prone Area. However, the State’s Bush Fires Regulations 1954 and State Planning Policy 3.7 - Planning in Bushfire Prone Areas do not apply to this development, as it is a proposal for an ancillary dwelling on a lot less than 1,100m2 in area, which is exempt from the requirement for development approval in relation to bushfire planning. In conclusion, the application for amended development approval for an ‘ancillary dwelling’ satisfies the minimum acceptable standards and requirements of the R-Codes, and the Town Planning Scheme and Local Planning Policy dealing with transportable buildings. Analysis of Financial and Budget Implications This application for development approval relates to private property, and therefore, the effect of the recommendation has no direct budgetary or financial implications for the City of Bunbury. Community Consultation The application for amended development approval was subject to consultation from 14 December 2016 to 06 January 2017. Public consultation measures included the following: - letter sent to surrounding landowners/occupiers; - public notification sign erected onsite; - public notice of proposal posted on the City of Bunbury’s website; and - copies of plans and supporting information made available at the City of Bunbury’s

customer service centre. In total, four (4) submissions were received, three (3) from service authorities with no objection/comments and one (1) neighbour objecting to the proposal. The objector was concerned that the proposed ancillary dwelling was substandard and would lower the standard of housing in the area. They were also concerned about the amount of car parking at the property as there were a number of students living there. Refer to the Schedule of Submissions attached at (Appendix DPDS-4). Councillor/Officer Consultation The application for development approval has been referred to the City of Bunbury’s Development Coordination Unit (DCU) for professional advice and technical assessment prior to the finalisation of this report. Consultation with the Applicant The draft officer’s recommendation has been communicated with the applicant. Delegation of Authority This application for development approval has been referred to Council for its determination, as a submission objecting to the proposal was received as part of the consultation process. Therefore, the application for development approval cannot be determined under delegation.


10.4.3 Application for Development Approval - Retrospective Change of Use of Ground Floor Unit from

‘Office’ to ‘Shop’ and Associated Window Signage – Strata Lot 4 (#16A) Plaza Street, South Bunbury

File Reference: DA/2016/276/1

Applicant: Calibre Consulting (Aust) Pty Ltd

Responsible Officer: Laura Sabitzer, Senior Planning Officer


Attachments: Appendix DPDS-6: Outgoing Development Approval Appendix DPDS-7: Location Plan Appendix DPDS-8: Covering Letter Appendix DPDS-9: Development Plans Appendix DPDS-10: Window Signage

Summary This retrospective application for development approval is for a change of use from an ‘office’ to a ‘shop’ land use, which was lodged in response to a compliance issue relating to the unauthorised use of the ground floor unit at Strata Lot 4 (#16A) Plaza Street, South Bunbury. The ground floor is currently tenanted by an operator of a beauty salon and a massage therapist. The ground floor unit has previously been approved as an ‘office’ use and is allocated two on-site car parking bays. Besides signage, no further works to the existing building are proposed with this application. The following items from the planning assessment are discussed in this report:

Land use - the permissibility of the ‘shop’ use in the ‘Special Use Zone No. 21’ is not listed;

Car parking - a three (3) parking bay shortfall from the minimum car parking requirement is proposed; and

Signage - the proposed window signage covers more than 30% of the glazed area. These issues have been considered against the applicable planning provisions and it is recommended that Council approves this retrospective application for development approval to permit a ‘shop’ use with a restricted retail floorspace, subject to conditions. Executive Recommendation That Council, in accordance with the Planning and Development Act 2005 (as amended), hereby resolves to grant development approval for the retrospective change of use of the ground floor unit from ‘office’ to ‘shop’ and associated window signage at Strata Lot 4 (#16A) Plaza Street, South Bunbury, subject to the following conditions:

1.1 At all times, the development the subject of this development approval must comply

with the definition of a ‘shop’ use as contained in the land use definitions under Schedule 1 of the City of Bunbury Town Planning Scheme No. 7 (as amended).

1.2 All development shall be in accordance with the approved development plans

(attached), which form part of this development approval.


1.3 This retrospective development approval (application reference: DA/2016/276/1) does not supersede the previous development approval (application reference: DA/2013/309/1) granted on 10 July 2014, and therefore, the conditions of DA/2013/309/1 remain valid.

1.4 A maximum of two (2) employees treating a single client each are to be permitted on-

site at any given time, unless otherwise approved in writing by the City of Bunbury (refer to advice note ‘f’).

1.5 Goods or materials must not be permanently stored within the parking, landscaping or

setback areas, or within access driveways. 1.6 At all times, provision must be made onsite for the storage and collection of garbage

and other solid waste. The waste storage and collection area must be graded, drained and screened from public view, and the garbage collected regularly, to the satisfaction of the City of Bunbury.

1.7 The window signage on the glass door panels is to have a clear background with no

frosting (i.e. letters on the glass without a solid background outlining the business name, contact details and trading hours) in accordance with the annotated revisions on the approved signage plan.

1.8 The window signage shall be professionally made, kept clean and maintained free of

dilapidation at all times. Advice Notes: a. This is a development approval only. The applicant and landowner are advised that it

is their responsibility to ensure that the proposed development complies with all other applicable legislation, local laws and/or license requirements that may relate to the development or land use.

b. The latest development approval (application reference: DA/2016/276/1) to permit

the ground floor unit at Strata Lot 4 (#16A) Plaza Street, South Bunbury, to be used for the purpose of a ‘shop’ use, remains subject to all of the conditions on the original notice of development approval (application reference: DA/2013/309/1) dated 10 July 2014.

c. This development approval does not remove or affect any statutory responsibility or

obligation that the owner may have under the Strata Titles Act 1985 (as amended). d. The development is required to comply with the Health (Skin Penetration Procedure)

Regulations 1998 and the Code of Practice for Skin Penetration Procedures. Application is to be made to the City of Bunbury’s Environmental Health Services department for assessment and approval. The application is to include:

two sets of scaled plans (minimum 1:100) and specifications;

the use of each room/area;

the structural finishes of walls, floors, benches, shelves and other surfaces;

the location of sinks and hand washing basins; and

details and types of procedures to be performed.


A final inspection of the premises will be required to be carried out by an Environmental Health Officer. Further information can be obtained from the City of Bunbury’s Environmental Health Services on (08) 9792 7100.

e. The development is required to comply with the Environmental Protection Act 1986

and the Environmental Protection (Noise) Regulations 1997 in relation to noise emissions.

f. In relation to condition 1.4, the number of employees and clients that can occupy the

premises at any given time is limited due to the on-site car parking availability. g. It is recommended that the car parking bays on-site are marked and/or signage is

installed to clearly show the allocation of car bays per unit, including the differentiating of those car parking bays that are for the exclusive use of dwellings.

h. The external storage room (4m²) is allocated for the exclusive use of the ‘multiple

dwelling’ on the upper floor, in accordance with clause 6.4.6 of State Planning Policy 3.1 Residential Design Codes.

Strategic Relevance Key Priority Area 3 Natural and built environment Objective 3.4 Facilitate urban design, diversity of land users, and enabling infrastructure Background In July 2014, development approval was issued for a two storey mixed use development on Strata Lots 3 and 4 (#16A and B) Plaza Street, South Bunbury. The approved uses consisted of an ‘office’ use on the ground floor and a ‘multiple dwelling’ use (i.e. a residential apartment) on the upper floor. A copy of the previous development approval and approved plans are attached at Appendix DPDS-6. The subject site and surrounding land is presently included in ‘Special Use Zone No. 21’ (S.U.21) with a residential density coding of ‘R40’. Schedule 2 of the City of Bunbury Town Planning Scheme No.7 (TPS7) contains specific land uses and development standards applicable to this precinct in order to facilitate its transition from being a predominately residential area to a mix of residential and compatible low impact commercial land uses. As such, the adjoining properties are approved to be used for the following purposes:

Strata Lot 2 (#14) Plaza Street - ‘office’ or ‘consulting room’ use;

Strata Lot 3 (#16B) Plaza Street - ‘office’ and ‘multiple dwelling’ use;

Strata Lot 1 (#18) Plaza Street - ‘grouped dwelling’ use; and

Strata Lots 1 and 2 (#11A and B) Fielder Street - ‘single house’ use. A location plan showing the subject site and its surrounds is attached at Appendix DPDS-7. It should be noted that this application relates only to the ground floor unit of Strata Lot 4 (#16A)


Plaza Street, South Bunbury. The City of Bunbury became aware of the unauthorised use of the ground floor unit in June 2016 when following up other compliance issues relating to the construction of the building at both Strata Lots 3 and 4. Strata Lot 4 (#16A) Plaza Street was sold in 2016 from the developer to the current owners. The adjoining Strata Lot 3 (#16B) Plaza Street is currently owned by the developer. The ground floor unit is currently tenanted by a beauty salon, including a massage therapist, which is classified as a ‘shop’ use. The owners were required to receive development approval to change the use of the ground floor unit from the approved ‘office’ use to a ‘shop’ use prior to occupation, however this did not occur at the time. Notwithstanding this, the local government is able to consider a retrospective application for development approval. In October 2016, the City of Bunbury received a retrospective application for development approval from Calibre Consulting (Aust) Pty Ltd on behalf of the landowner and owners of the beauty salon. The covering letter and development plans submitted with the retrospective application for development approval are attached at Appendices DPDS-8 and DPDS-9. Should retrospective development approval be granted by Council, the applicant is then to apply for and be granted environmental health approval (as outlined at recommended advice note ‘d’) to resolve the outstanding compliance issue. Legislative Compliance The following statutory planning instruments of the State Planning Framework and Local Planning Framework are applicable to the assessment of this application for development approval:

Planning and Development Act 2005;

Planning and Development (Local Planning Schemes) Regulations 2015;

City of Bunbury Town Planning Scheme No. 7 (TPS7);

Draft City of Bunbury Local Planning Scheme No. 8 (LPS8);

Local Planning Strategy for Activity Centres and Neighbourhoods (LPSACN);

Local Planning Policy: Access & Parking for Pedestrians, Bicycles and Vehicles; and

Local Planning Policy: Signage and Advertisements. Officer Comments Land Use The ground floor unit was approved in 2014 as an ‘office’ use. The unit has since been tenanted by a beauty salon including a massage therapist, without first receiving development approval and environmental health approval. The gross floor area of the subject unit is approximately 80m² and contains a front reception area and three rooms. A beauty salon would be classified under the Scheme as a ‘shop’ land use class and is defined at Schedule 1.2 of the Scheme as: ‘“shop” means premises used to sell goods by retail, hire goods, or provide services of a personal


nature (including a hairdresser or beauty therapist) but does not include a showroom or fast food outlet;’ The subject lot is zoned under TPS7 as ‘Special Use Zone No. 21’ (S.U.21). The land use of ‘shop’ is not included as a use class listed in the Special Use(s) column of ‘Special Use Zone No. 21’ under Schedule 2 of the Scheme text. In the absence of the listed permissibility of a ‘shop’ use in the Special Use Zone, the City of Bunbury has treated the land use as an ‘A’ use, meaning that the use is not permitted unless the local government has exercised its discretion and has granted development approval after advertising the proposal to the public. Under the draft City of Bunbury Local Planning Scheme No. 8 (LPS8) the subject site is proposed to be included in the ‘Mixed Use - Residential Zone’. As draft LPS8 is a ‘seriously entertained’ proposal, due regard can be given to its provisions. In this zoning the land use of ‘shop’ is listed as a discretionary ‘D’ use, providing that the retail floorspace area is no greater than 300m² in net lettable area (nla). As such, the subject unit has a net lettable area of less than 70m². Furthermore, the ‘shop’ use in this location is considered to meet the objectives of the proposed ‘Mixed Use - Residential Zone’ in the draft Scheme. Both the existing ‘Special Use Zone No. 21’ and proposed ‘Mixed Use - Residential Zone’ seek to facilitate the transition of the precinct from being predominately residential in character and function to that of a true mixed use are of medium density residential and compatible commercial uses. A ‘shop’ use with a relatively small floor area is in line with Council’s strategic intentions for the area, as detailed in the draft Scheme and previously adopted Local Planning Strategy for Activity Centres and Neighbourhoods (2010). For these reasons, it is recommended that the land use of ‘shop’ with a restricted retail floorspace can be supported in this location. Car Parking The car parking ratio for a ‘shop’ use is greater than that of an ‘office’ use, and therefore, car parking is an important consideration. The assessment of a minimum car parking requirement for a ‘shop’ use is as follows:

Scheme Clause* Car Parking Requirement

Minimum Required Bays

Proposed Car Bays

Difference

Table 2 - Car Parking Table

‘Shop’ use 1 bay per 20m² of nla, but with a minimum of not less than 5 bays, whichever is greater.

5 bays 2 bays 3 bays shortfall

* Please note: it is considered that the car parking ratio listed in TPS7 under Schedule 2 - Special Use Zones at No. 21, clause 4, is not applicable in this case, as it relates to an ‘office’ or ‘consulting room’ use only. The subject lot contains four car parking bays, which are located in front of the premises. The ground floor unit and the upper floor unit are each allocated two car parking bays. The application proposes a car parking shortfall of 3 bays. In accordance with clause 5.5.1 of TPS7 the car parking


requirement listed at Table 2 is able to be varied. As a car parking shortfall is proposed, consideration has been given to the matters outlined at clause 15.2 of Local Planning Policy: Access & Parking for Pedestrians, Bicycles and Vehicles. A summary assessment against the applicable matters of the local planning policy is as follows:

Matters to be Considered Planning Assessment

(a) the location of the subject site and the specific nature of the proposed development and ongoing operations to be undertaken, and all facilities proposed to be provided;

The subject unit has previously been approved as an ‘office’ use which required two (2) car bays as per TPS7 - Schedule 2 - Special Use Zones - No. 21 - clause 4. This specific standard is less than the general TPS7 requirement, outlined at Table 2, which also requires a minimum of 5 bays. However, the car parking ratio for a ‘shop’ use is greater than that of an ‘office’ use, which reflects the planning principle that in general a ‘shop’ is a more intensive use than that of an ‘office’. It is recommended that a condition is imposed to manage the parking generation of the ‘shop’ use, which in this case is a beauty salon business, where the times clients are visiting the premises are generally pre-scheduled and appointment based.

(b) site analysis showing the location of existing and proposed buildings on the premises, relationship adjoining and surrounding uses, and the nature of existing and likely development in the vicinity of the subject lot/development site;

Refer to planning assessment comments, above. The scheme amendment that enabled TPS7 - Schedule 2 - Special Use Zones - No. 21 would have analysed the parking situation in this area, to permit a lower parking ratio than the general minimum car parking requirement in TPS7- Table 2 for commercial uses.

(c) the hours of operation of the development or use for non-residential uses;

This mixed use development consists of a non-residential use on the ground floor and a residential use on the upper floor. The opening hours of the beauty salon are listed as Monday - Friday 8.30am to 5pm and Sat 8.30am – 12pm.

(d) the maximum number of employees/staff to be engaged on the premises and their expected parking demand and/or the number of residential dwellings and expected occupancy rates;

It has been advised that the business is to consist of one full time employee and one part time employee. However due to the limited number of car bays available, it is recommended that a condition is imposed limiting the number to two (2) employees on-site at a given time. This is discussed further, below.

(e) the maximum number of persons, other than employees, expected to attend/visit the premises at any time, and the

A beauty salon business is generally appointment based; and therefore, the number of clients on the site can be managed.


resulting expected peak parking demand; However, due to the limited number of car parking bays available, it is recommended that a condition is imposed limiting the number of employees to two (2) treating a single client each. This is discussed further, below.

(f) the existing off-street and on road parking situation with the subject site and in the local area;

There are four off-street parking bays located opposite the subject lot. However, these bays are public car parking and are not dedicated for the exclusive use of a private property. The construction of these off-street parking bays was funded by the developer of the neighbouring property at #14 Plaza Street which is approved as an ‘office’ use.

(g) the likely use of other modes of transport or pedestrian access and the frequency and proximity of existing public transport services”.

Due to the nature of the business being a beauty salon with services including facial treatments, waxing, manicures, pedicures and spray tans - it is unlikely that clients would access the site by public transport, cycling or walking.

Upon assessment of the above matters, it is considered prudent that a condition be imposed to manage the car parking generation of the premises by limiting the number of employees and clients permitted at the unit at any given time. This is because a ‘shop’ use by its definition is not only limited to providing services of a personal nature (e.g. a beauty salon), but could include a general shop such as clothing store, gift shop, etc. These other types of ‘shop’ would typically generate more parking demand at a given time, as the times attending the premises are not pre-scheduled and limited to serving a single client at a time, rather being a ‘drop-in’ scenario. Consequently, the following condition 1.4 is recommended: ‘A maximum of two (2) employees treating a single client each are to be permitted on-site at any given time, unless otherwise approved in writing by the City of Bunbury (refer to advice note ‘f’).’ It is considered that this condition would be acceptable to the business owner as the covering letter provided with the application states: ‘Blush [beauty salon] only has two staff which limits the capacity for treatment to two clients at a time. Whilst the premises comprise three rooms, one is presently used for storage and as the Blush office/administration space…were the business to grow to include another therapist, due to noise…the third room would always be vacant when a massage is in progress.’ Therefore it is advised that the car parking variation can be supported, subject to imposing the recommended condition 1.4, which would allow for the car parking generation of the ‘shop’ use to be managed. Signage This application proposes window signage, as shown on the plan attached at Appendix DPDS-10. The proposed window signage was assessed against Local Planning Policy: Signage and Advertisements which states at deemed-to-comply clause C1.1.3 that:


‘windows and shopfronts are to remain active and provide opportunity for unobstructed passive/natural surveillance to and from the primary street, with signs and advertisements not covering more than 30% of the area of the glass panel or panels on which they are exhibited.’ As the proposed window signage covers more than 30% of the glazed panel area, the proposal is then assessed against the performance criteria to consider its suitability. The performance criteria requires that ‘development of all signage and advertising is designed, constructed and maintained to essential standards of motorist, cyclist and pedestrian safety and security.’ It is considered that an element of surveillance to and from the primary street is important. Therefore, condition 1.6 is recommended so that glass door panels have a clear background with no frosting (however letters on the glass without a solid background outlining the business name, contact details and trading hours would be acceptable) to allow for visual surveillance into and out of the premises. Analysis of Financial and Budget Implications This application for development approval relates to private property, and therefore, the effect of the recommendation has no direct budgetary or financial implications for the City of Bunbury. If the applicant is aggrieved by Council’s decision they may apply for a review of the decision through the State Administrative Tribunal (SAT). If the decision is forwarded to SAT for appeal, the City of Bunbury may incur legal costs.

Community Consultation The application for development approval was subject to consultation from 23 November 2016 to 9 December 2016. Public consultation measures included the following:

letters sent to surrounding landowners and occupiers;

development notification signs placed on the subject lot;

notice of proposal published in local newspaper (three consecutive editions);

notice of proposal posted on the City of Bunbury’s website; and

plans and supporting information made available at the City of Bunbury’s customer service centre.

In total two (2) submissions were received, with one (1) comment of support/no objection and one (1) of no comment from Aqwest. Consultation with the Applicant Prior to the submission of this retrospective application, officers from the City of Bunbury’s Development Assessment and Compliance team met with the applicant, owner and business owners of the beauty salon to discuss the identified compliance issue. The assessing officer has visited the development site and provided updates on the application process to the applicant. The draft recommendation has been communicated with the owner and applicant.


Councillor/Officer Consultation The proposal has been referred to the City of Bunbury’s Development Coordination Unit (DCU) for professional advice and technical assessment prior to the finalisation of this report.


10.4.4 Application for Proposed Amendment to Development Approval (Variation to Planning Condition

for Finished Floor Level Requirement) at Lot 517, #4 Epacris Elbow, Pelican Point

File Ref: 5/2015/342/2

Applicant/Proponent: BGC Residential Pty Ltd

Responsible Officer: Anthony Pick, Senior Planning Officer

Executive: Malcom Osborne, Director Planning and Development Services

Attachments: Appendix DPDS-11: Site Plan – Natural Ground Levels in AHD Appendix DPDS-12: Applicant’s Supporting Statement. Appendix DPDS-13: Department of Water Advice

Summary The City of Bunbury issued conditional development approval on 17 February 2016 for five grouped dwellings at Lot 517 (No. 4) Epacris Elbow, Pelican Point. The builder BGC Residential Pty Ltd, on behalf of the owner, has lodged an amendment seeking a variation to a planning condition that requires a minimum finished floor level of 3.0 metres AHD*. The amendment proposes to reduce the required finished floor level to 2.7 metres AHD. A site plan and the applicant’s supporting information are attached at Appendix DPDS-11 and DPDS-12. In determining applications within flood affected areas it is important to ensure that development is appropriately flood protected, safe for its occupants for the development’s lifetime, and will not increase flood risk overall. The proposed finished floor level is below the recommended level advised by the Department of Water and the City of Bunbury’s Development Engineer. Therefore in exercising the ‘precautionary principle’ the proposed amendment to the existing development approval is not recommended. Executive Recommendation That Council resolves to refuse the application for amended development approval to vary the finished floor level requirement from 3.0 metres AHD down to 2.7 metres AHD at Lot 517 (#4) Epacris Elbow, Pelican Point, in accordance with the City of Bunbury Town Planning Scheme No. 7, for the following reasons:

(a) The proposed finished floor level of 2.7m AHD is below the recommended level of 3.0m AHD as advised by the Department of Water having regard to the Collie River Flood Study Area. The proposed variation would, as a result, increase the vulnerability of the development to potential flood risk and is therefore not considered to represent orderly and proper planning.

(b) The variation is not consistent with the intent of:

(i) clause 6.4 dealing with ‘flood prone land’ under the City of Bunbury Town

Planning Scheme No. 7; (ii) clause 67 dealing with ‘matters to be considered by local government’ of

the deemed provisions; and

(iii) the City of Bunbury Local Planning Policy: Development in Flood Affected Areas in relation to the prudent management of flood risk.

http://planningguidance.communities.gov.uk/blog/guidance/flood-risk-and-coastal-change/flood-resilience-and-flood-resistance/

http://planningguidance.communities.gov.uk/blog/guidance/flood-risk-and-coastal-change/making-development-safe-from-flood-risk/

http://planningguidance.communities.gov.uk/blog/guidance/flood-risk-and-coastal-change/the-exception-test/what-is-considered-to-be-the-lifetime-of-development-in-terms-of-flood-risk-and-coastal-change/


Alternative Recommendation If Council considers that the proposal is sufficiently consistent with the objectives of the Local Planning Policy: Development in Flood Affected Areas and that the flood risk to the development is acceptable in terms of representing orderly and proper planning, an alternative recommendation including an appropriate revised planning condition and advice note is outlined below. It should be noted that a minimum finished floor level of 2.86 metres AHD would at least be consistent with the adjoining dwelling on Lot 501 (#5) Rialto Close, Pelican Point. That Council, in accordance with the Planning and Development Act 2005 (as amended), hereby resolves to grant amended development approval for five grouped dwellings at Lot 517 (#4) Epacris Elbow, Pelican Point, subject to the following amended planning condition and additional advice note:

(9) This property is situated on the Preston River Flood Plain and is susceptible to flooding. Habitable rooms in any building construction must have a minimum finished floor level of at least 2.86 metres AHD.

Advice Note:

(12) This property is situated on the Preston River Flood Plain and is susceptible to

flooding. A finished floor level of 2.86m AHD is below the recommended level of 3.0m AHD as advised by the Department of Water having regard to the Collie River Flood Study Area. It is advised that a reduced finished floor level of 2.86m AHD has an increased vulnerability to potential flood risk. Therefore, it is advised that all habitable rooms should be constructed at the recommended level of 3.0m AHD.

* Note: In Australia, heights above mean sea level (MSL) are referenced to the Australian Height Datum (AHD). The AHD was established in 1971 by Geoscience Australia through setting the mean value observed at designated tide gauges around Australia between 1966 and 1968 to a height of 0.000 metres. Strategic Relevance Key Priority Area 3 Natural and Built Environment Objective 3.2 Mitigate and adapt to the possible impacts of climate change. Objective 3.4 Facilitate urban design, diversity of land uses, and enabling infrastructure. Key Priority Area 4 Regional Economy Objective 4.3 Promote Bunbury as a place that supports commercial, residential and

social development. Background The subject lot is included in ‘Special Use Zone No. 23’ for the purposes of tourist / residential land uses, under the City of Bunbury Town Planning Scheme No. 7 (TPS7). The subject lot adjoins land reserved under the Greater Bunbury Region Scheme (GBRS) as ‘Regional Open Space’, which then abuts the Preston River. The Department of Planning have confirmed verbally that the application does not need to be referred to the department, as the previous application was delegated to the local government and that this is an amendment to that decision.


In terms of the planning history of the site, the City of Bunbury previously refused an application, (application reference: DA/2013/18/1) for 11 multiple dwellings. The decision was appealed and the application was subsequently dismissed by the State Administrative Tribunal (SAT) on 9 September 2014. The landowner then submitted an alternative application for development approval for five grouped dwellings (application reference: DA/2015/342/1), which was granted conditional development approval on 17 February 2016. The application was determined to be consistent with the Scheme and Grand Canals Design Guidelines. During the assessment of the original application the Department of Water recommended a minimum finished floor level of 3.0m AHD in order to ensure adequate flood protection into the future. Condition 9 of the granted development approval secured this requirement, with wording as below: ‘(9) This property is situated on the Preston River Flood Plain and is susceptible to flooding. Habitable rooms in any building construction must have a minimum finished floor level of 3 metres AHD in accordance with the City of Bunbury’s Local Planning Policy: Development in Flood Affected Areas.’ Council Policy Compliance The proposed variation is generally inconsistent with the objectives and requirements of the City of Bunbury’s Local Planning Policy: Development in Flood Affected Areas. Legislative Compliance The following statutory planning instruments of the State Planning Framework and Local Planning Framework are applicable to the assessment of this application: - Planning and Development Act 2005; - Planning and Development (Local Planning Schemes) Regulations 2015; - Greater Bunbury Region Scheme Floodplain Management Policy (2005); - City of Bunbury Town Planning Scheme No. 7; - City of Bunbury Local Planning Policy: Development in Flood Affected Areas; and - City of Bunbury Local Planning Policy: Grand Canals Design Guidelines. Officer Comments In determining applications within flood affected areas it is important to ensure that development is appropriately flood protected, safe for occupants for the lifetime of the development, and will not increase flood risk overall. The pertinent issue is therefore whether a lower finished floor level requirement, as sought by the applicant, would unreasonably increase the potential flood risk and vulnerability of the lot. The referral response to the original application from the Department of Water dated 9 February 2016 and attached at Appendix DPDS-13, sets out the methodology for arriving at the required finished floor level. The Collie River Flood Study estimated the 1 in 100 year flood level to be 1.92m AHD. The requirement then provides for an allowance of 0.9m in order to take into account mean sea level rise by 2110 taking the AHD to 2.50m. It is then standard practice, as recommended by the Department of Water and stated in the Greater Bunbury Region Scheme Floodplain Management Policy (2005), to add 0.5m freeboard to ensure adequate flood protection.

http://planningguidance.communities.gov.uk/blog/guidance/flood-risk-and-coastal-change/flood-resilience-and-flood-resistance/

http://planningguidance.communities.gov.uk/blog/guidance/flood-risk-and-coastal-change/making-development-safe-from-flood-risk/

http://planningguidance.communities.gov.uk/blog/guidance/flood-risk-and-coastal-change/the-exception-test/what-is-considered-to-be-the-lifetime-of-development-in-terms-of-flood-risk-and-coastal-change/


The proposed variation to reduce the required level of the finished floor level was referred to the Department of Water for further advice and the response is set out below and also attached at Appendix DPDS-13. ‘Previous advice on the proposal (dated 9 February 2016) found the proposal acceptable with regard to major flooding subject to a minimum habitable floor level of 3.0m AHD to ensure adequate future flood protection. We acknowledge that our recommended minimum habitable floor recommendation may impact on other planning issues (such as access, privacy, streetscaping, etc.) when integrating with existing adjacent development. Should these issues be identified, consideration may be given to a lower minimum habitable floor level of 2.7m AHD. This floor level will provide 1 in 100 AEP flood protection to 2110, albeit with slightly less freeboard than recommended.’ As part of the original assessment, consideration was given to matters of streetscape and visual privacy in determining the conditions of the existing development approval. As such, the City of Bunbury determined to approve the development with the requirement for 3.0m AHD. The site survey indicates that the existing natural ground level of the subject site ranges from 2.55m AHD on the south western boundary up to 2.84m AHD, and hence minimal fill would be required. The site survey also shows that the adjoining dwelling on Lot 502 (#2) Epacris Elbow has a finished floor level of 2.97m AHD. Furthermore, a review of the development plan for the adjoining dwelling on Lot 501 (#5) Rialto Close indicates a relative finished floor level of 2.86m AHD. Therefore, it is considered that there is no planning justification for seeking a reduced finished floor level for the development. The City of Bunbury sought clarification from the Department of Water that in the absence of any planning reason to justify a lower finished floor level would the department object to the variation. In response the Department of Water advised that in this circumstance their role was only to provide advice in line with their policies and that department does not have a regulatory or decision making responsibility in this circumstance. In conclusion, the City of Bunbury’s Development Engineer supports the Department of Water’s advice in respect of the required finished floor level being 3.0m AHD. Therefore, it is recommended that the condition regarding the minimum finished floor level requirement is not varied, so as to ensure that the development provides appropriate flood protection and reduces the vulnerability of the site to future flooding events. Analysis of Financial and Budget Implications Should Council not exercise the ‘precautionary principle’ in determining to approve a reduction in the finished floor level requirement below the level of 3.0m AHD, as advised by the Department of Water, then the City of Bunbury may be subject to claims for negligence and compensation for damages potentially caused by flooding. Community Consultation There is no statutory requirement for advertising the application. Consultation with the Applicant


The applicant has been advised during the assessment of the application by email and telephone of the issues identified and the referral responses by the Department of Water. The applicant was advised of the process for the matter to be considered by Council. Councillor/Officer Consultation Technical advice and input was sought from members of the Development Coordination Unit (DCU).


10.5 Director Works and Services Reports 10.5.1 Naming of Roads at Bunbury Airport

File Ref: R00561-12


Responsible Officer: Nigel Archibald, Team Leader Airport and Design

Executive: Gavin Harris, Director Works and Services

Attachments: Appendix DWS-1: Map of Airport Roads and Names Appendix DWS-2: Origins of Names for Airport Roads

Summary This purpose of this report is for Council to formally name the internal roads at the Bunbury Airport Executive Recommendation That Council endorse naming the internal roads at the Bunbury Airport as follows:

Hinkler Drive

Hawker Drive

Hargrave Place

Bonney Place

Wackett Drive (alternative)

McGinness Drive (alternative) Strategic Relevance Key Priority Area 2 Transport and Infrastructure Objective 2.3 Maintain a high level of community infrastructure Background DFES has requested that the internal roads at the airport be formally named. The naming of roads, whether on public or private land is the responsibility of Landgate under delegation from the Minister for Lands. These includes reviewing submissions, as well as identify, capture and maintain new place names, features, administrative boundaries, localities and roads within Western Australia and formally approve these actions on the Minister’s behalf. All approved road names are provided to Emergency Services and mapping companies. The delivery of emergency and other services to residents and businesses are often impeded when private road names are not officially recorded. It is proposed to name the roads at the airport after important aviators in Australia’s history. Refer to the attached Map of the Bunbury Airport roads and names and Origins of names for Bunbury Airport roads. Council Policy Compliance Council Policy: Naming of Roads, Reserves, Bridges and Other Places Legislative Compliance


Land Administration Act 1997 Part 2 Division 3 Section 26A deals with the naming of roads. Officer Comments The entrance to the Bunbury Airport is currently named Tom Talbot Drive as per Council Decision 73/13

The Airport Advisory Committee recommends that the City of Bunbury recognise and signpost the main entrance road into Bunbury Airport as ‘Tom Talbot Drive’.

The name is not approved by Landgate and would not be approved as it does not comply with the Policies and Standards for Geographical Naming in Western Australia – no double barrel names and there is not to be more than 15 use of the name within Western Australia. It is proposed to discuss naming the Bunbury Aero Club viewing platform in honour of Mr Talbot. DFES is currently using McKenzie Drive for the road name to their facility, however a check with Landgate has shown that this would not be approved as there are 15 or more road names McKenzie or derivatives in Western Australia. The listed names have passed the preliminary checks for suitability with Landgate, however it is recommended that alternative names be submitted in addition to the preferred names. Analysis of Financial and Budget Implications New street signs are able to be funded utilising existing budgets. Community Consultation Nil Councillor/Officer Consultation Nil


10.5.2 Lease for Automatic Weather Information Station

File Ref: A05906


Responsible Officer: Nigel Archibald, Team Leader Airport and Design

Executive: Gavin Harris, Director Works and Services

Attachments: Appendix DWS-3: Letter of Request Appendix DWS-4: Location Plan

Summary The Department of Fire and Emergency Services (DFES) has requested a ‘peppercorn’ lease to allow the installation of an Automatic Weather Information Station adjacent to Bunbury Airport. Executive Recommendation That Council: 1. Agrees to provide a ‘peppercorn’ lease to the Department of Fire and Emergency Services

over an area of Lot 120 South Western Highway to allow the installation of an automatic weather information station.

2. Agrees that the lease is to expire on the 29 January 2036 to coincide with the lease for the rescue helicopter base.

3. Agrees to transfer $15,000 from PR-1368 into a newly created project number to fund preliminary site works.

Strategic Relevance Key Priority Area 2 Transport and Infrastructure Objective 2.3 Maintain a high level of community infrastructure Background On 1 February 2016 DFES established a permanent rescue helicopter service at Bunbury Airport. DFES would like to develop an Automatic Weather Information Station (AWIS) adjacent to the airport to provide instant and accurate weather data which will increase the efficiency of the rescue helicopter, water bombers and Royal Flying Doctor Service operations. The weather data will also be made available at no cost to private aircraft utilising Bunbury Airport (refer to Letter of Request at Appendix DWS-3). A suitable site for the proposed AWIS has been identified on Lot 120 South Western Highway which is freehold land owned by the City of Bunbury. The proposed AWIS would occupy a footprint of 16m x 16m (256m2) with an additional 30 metre buffer extending around the AWIS which would be undevelopable to eliminate any interference to the AWIS. It is proposed that the lease would include both the AWIS site plus the buffer area, providing a total leased area of 5,776m2. DFES propose to finance the installation cost of the AWIS (estimated at approximately $100,000) as well as the annual maintenance, calibration and inspection costs (estimated at $52,000 per annum).


DFES has requested that the City of Bunbury provide:

A ‘peppercorn’ lease over the AWIS site to expire on the 29 January 2036 to coincide with the lease for the rescue helicopter base.

One metre of clean fill to the 16m x 16m AWIS area to prevent any potential flood damage to the AWIS.

A 1.8m high fence with razor wire around the AWIS area.

240 volt power supply to the AWIS.

Maintain the grass height within the AWIS area and buffer to less than 0.5m.

Proposed New Lease

Commencement: Monday 30 January 2017

Expiry: 29 January 2036

Further Term: Not Applicable

Area: 5,776m2 approx.

Rent: Peppercorn

Outgoings: Responsibility of the Lessee

Insurance: Lessee to maintain Public Risk, General and Building Insurance cover over the premises with Public Liability to be set at $10 million

Special Conditions: The lease is provided to accommodate a weather station and becomes null and void should the weather station be removed. All structures constructed within the lease area must not infringe the Bunbury Airport obstacle limitation surfaces.

Document Preparation: The Lessee to pay full cost of document preparation

Council Policy Compliance A draft Council Policy regarding peppercorn leases is currently being prepared for presentation to the Policy Review and Development Committee. Legislative Compliance The notice of intention to grant the applicants a Deed of Lease will be published in the City Focus column of the Bunbury Mail Newspaper, displayed at the City’s Libraries, the Administration Centre and on the City’s website in accordance with Section 3.58 of the Local Government Act 1995. Officer Comments Lot 120 South Western Highway is owned freehold by the City of Bunbury and is zoned for ‘Public Purposes – Airport’. The proposed site is adjacent to the Regional Animal Shelter (refer to the location plan at Appendix DWS-4). The estimated costs requested to be borne by the City of Bunbury would be:

To strip topsoil and install 1 metre of compacted sand over the 16m x 16m AWIS site - $7,000.


To install 1.8m high fence with razor wire around the 16m x 16m AWIS site - $6,000.

240 volt power supply - $2,000.

Mowing - $500 per annum. Analysis of Financial and Budget Implications Within the current 2016/17 budget is PR-1368 Reseal airport bitumen taxiways and runways 2016/17. Savings of $15,000 have been identified within the project which could be transferred to allow the creation of a new project ‘PR-XXXX Airport Weather Station’. The cost of mowing the 5,776m2 site will come from the ‘Maintain Airport Grounds’ account. Community Consultation Nil Councillor/Officer Consultation Whilst DFES has only requested a lease of the 16m x 16m AWIS site, the Director Works and Services and Team Leader Airport and Design believe it prudent to include the 30m buffer in the lease.


11. Applications for Leave of Absence

No requests for Leave of Absence had been received at the time of printing.


12. Motions on Notice

Nil

13. Questions on Notice

13.1 Response to Previous Questions from Members taken on Notice Nil

13.2 Questions from Members

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


15. Meeting Closed to Public

15.1 Matters for which the Meeting may be Closed These reports are confidential in accordance with sections 5.23(2)(c) and (e) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following: (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

(e) a matter that if disclosed, would reveal—

(i) a trade secret; or

(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

Recommendation In accordance with sections 5.23(2)(c) and (e) of the Local Government Act 1995 and clause 6.2 of the City of Bunbury’s Standing Orders Local Law 2012, Council resolves to close the meeting to members of the public to consider the items titled: 15.1.1 Proposed Deed of Non-Exclusive Licence 15.1.2 Disposal of Portion of Lot 200 Robertson Drive


15.1.1 Proposed Deed of Non-Exclusive Licence




Attachments: Confidential Appendix CRUSC-1-1: Location Plan

This report is confidential in accordance with section 5.23(2)(e) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following:

(e) a matter that if disclosed, would reveal—

(i) a trade secret; or

(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

A confidential report and recommendation has been circulated to members under separate cover (Confidential Report CRUSC-1). The report is not for circulation.


15.1.2 Disposal of Portion of Lot 200 Robertson Drive




Attachments: Confidential Appendix CRUSC-3-1: Aerial Image Confidential Appendix CRUSC 3-2: Market Valuation

This report is confidential in accordance with section 5.23(2)(c) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following: (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 A confidential report and recommendation has been circulated to members under separate cover (Confidential Report CRUSC-3). The report is not for circulation


15.2 Public Reading of Resolutions that may be made Public

16. Closure

bunbury city council notice of meeting and agenda 24 ... and... · 24 january 2017 agenda –...

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