bunbury city council notice of meeting and agenda 8 march 2016 and minutes/archives 20… · 8...

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 8 March 2016

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 ....................................................................... 10

8.1 Petitions ............................................................................................................................... 10 8.2 Presentations ....................................................................................................................... 10 8.3 Deputations ......................................................................................................................... 10 8.4 Council Delegates’ Reports .................................................................................................. 10 8.5 Conference Delegates’ Reports ........................................................................................... 10

9. Method of Dealing with Agenda Business ............................................................................................ 10

10. Reports .................................................................................................................................................. 11

10.1 Recommendations from Advisory Committees ................................................................... 11 10.1.1 2015 Compliance Audit Return ............................................................................ 11 10.1.2 Review of Council Policy – Purchasing (Excluding Tenders) ................................ 13 10.1.3 Review of Council Policy – Leases and Licences .................................................. 15 10.1.4 Review of Council Policy – Council Policy Tree Retention ................................... 19

10.2 Chief Executive Officer Reports ........................................................................................... 21 10.2.1 City of Bunbury Waste Services - Service Review ................................................ 21

10.3 Director Corporate and Community Services ...................................................................... 23 10.4 Director Planning, Development and Regulatory Services Reports .................................... 24

10.4.1 Ranger Authorisation – Keith Billington .............................................................. 24 10.4.2 Ranger Authorisation – Peter Gratwick ............................................................... 26 10.4.3 Application for Change of Use from ‘Shop’ to ‘Betting Agency’ with

Associated Signage at Lot 65 (#0, Unit 5) Sandridge Road, Bunbury .................. 28 10.4.4 Proposed Grouped Dwelling at Strata Lot 3 (U3/#17) Hayward Street South

Bunbury ............................................................................................................. 32

Table of Contents

Item No Subject Page

10.4.5 Proposed Scheme Amendment 87 – ‘Special Use Zone No.49’ – Modifications of Special Use(s) and Condition(s) – Part Lot 107 (North) Strickland Street, South Bunbury ......................................................................... 40

10.4.6 Adoption of Draft Local Planning Policy: Withers Local Area Plan ...................... 43 10.5 Director Works and Services Reports .................................................................................. 46

10.5.1 Closure of Slee Place Laneway and Construction of Footpath on Naturaliste Avenue ............................................................................................................. 46

11. Applications for Leave of Absence ........................................................................................................ 51

12. Motions on Notice ................................................................................................................................ 51

13. Questions on Notice ............................................................................................................................. 51

13.1 Response to Previous Questions from Members taken on Notice...................................... 51 13.2 Questions from Members .................................................................................................... 51

14. New Business of an Urgent Nature Introduced by Decision of the Meeting ....................................... 51

15. Meeting Closed to Public ...................................................................................................................... 52

15.1 Matters for which the Meeting may be Closed ................................................................... 52 15.1.1 Chief Executive Officer Performance Review ...................................................... 52

15.2 Public Reading of Resolutions that may be made Public ..................................................... 52

16. Closure .................................................................................................................................................. 52

8 March 2016 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 Agenda

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, 8 March 2016 at 5.30pm.

Andrew Brien Chief Executive Officer (Date of Issue: 4 March 2016)

Minutes 8 March 2016

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 Nil


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.”

Cr Hayward declared a financial interest in the item titled “10.4.3 Application for Change of Use from ‘Shop’ to ‘Betting Agency’ with Associated Signage at Lot 65 (#0, Unit 5) Sandridge Road, Bunbury”as his company has applied for Tender to provide services to RWWA. Cr Hayward will leave the chamber for the duration of the discussion and the vote on the matter.

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’

Nil


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 23 February 2016 have been circulated. Recommendation The minutes of the Ordinary meeting of the Bunbury City Council held 23 February 2016 be confirmed as a true and accurate record.

7.1.2 Minutes – Council Advisory Committees and Working/Project Groups

Applicant/Proponent: Internal Report

Responsible Officer: Various

Executive: Various

Attachments: Appendix MTBN-1: Audit Committee Minutes 15/02/2016 Appendix MTBN-2: Bunbury RoadWise Committee Minutes 10/12/2015 Appendix MTBN-3: Youth Advisory Council Committee Minutes 03/02/2016 Appendix MTBN-4: Withers Advisory Committee Minutes 12/02/2016 Appendix MTBN-5: Policy Review and Development Committee Minutes 17/02/2016

Summary The following Advisory Committee Meetings were held and the minutes are presented for noting: 1. Title: Audit Committee Minutes 15/02/2016

Responsible Officer: Leanne French, Senior Governance and Risk Officer Appendix: MTBN-1

2. Title: Bunbury RoadWise Committee Minutes 10/12/2015

Responsible Officer: Rachel Griffiths, Engineering Technical Officer Appendix: MTBN-2

3. Title: Youth Advisory Council Committee Minutes 03/02/2016

Responsible Officer: Michele Grimston, Community Development Officer Appendix: MTBN-4

4. Title: Withers Advisory Committee Minutes 12/02/2016

Responsible Officer: Alison Baker, Executive Officer Works ad Services Appendix: MTBN-5


5. Title: Policy Review and Development Committee Minutes 17/02/2016

Responsible Officer: Alison Baker, Executive Officer Works ad Services Appendix: MTBN-6

Recommendation The following Advisory Committee meeting minutes listed in the report be accepted and noted: 1. Audit Committee Minutes 15/02/2016 2. Bunbury RoadWise Committee Minutes 10/12/2015 3. Youth Advisory Council Committee 03/02/2016 4. Withers Advisory Committee Minutes 12/02/2016 5. Policy Review and Development Committee Minutes 17/02/2016


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 10.1.1 2015 Compliance Audit Return

Applicant/Proponent: Audit Committee

Author: Greg Golinski, Manager Governance

Executive: Andrew, Brien Chief Executive Officer

Attachments: Appendix RAC-1: 2015 Compliance Audit Return

Summary The purpose of this report is for Council to consider the Statutory Compliance Audit Return (the Return) for the calendar year 1 January to 31 December 2015. Committee Recommendation That Council adopt the Statutory Compliance Audit Return for the City of Bunbury for the period 1 January to 31 December 2015. Strategic Relevance Key Priority Area 5 Corporate Objective 5.2 Maintain a high standard of corporate governance and improve access to

information. Background Each year the Department of Local Government requires Councils to conduct an annual assessment of their compliance with key components of the Local Government Act 1995 (the Act) and associated Regulations. The 2015 Return is to be provided to the Department by 31 March 2016. Seventy eight (78) questions are contained within the 2014 return. A copy of the reviewed Return is attached at Appendix RAC-1. Council Policy compliance There is no current Council Policy relevant to this item. Legislative Compliance Completion of the statutory Compliance Audit Return is a requirement under the provisions of section 7.13(1)(i) of the Local Government Act 1995 and regulations 13 and 14 of the Local Government (Audit) Regulations 1996. Officer Comments The Chief Executive Officer, Directors and relevant Managers are provided with copies of relevant sections of the Return for completion. The final Return is then compiled on-line at the end of the review period using information provided.


Completion of the relevant sections of the Return effectively requires a number of ad hoc internal audits, which assist the City to ensure that operations meet the statutory requirements of the Act and associated Regulations. These audits have revealed the City to be 100% compliant on all aspects of the Return, demonstrating a substantial improvement on previous years, where areas of non-compliance had been identified in the areas of tendering/procurement, and delegations. Analysis of Financial and Budget Implications Nil Community Consultation There is no requirement for community consultation on this matter. Councillor/Officer Consultation Officers have been consulted in relation to the relevant sections of the 2015 Return. The recommendations within this report have been made by the Audit Committee.


10.1.2 Review of Council Policy – Purchasing (Excluding Tenders)

Applicant/Proponent: Policy Review and Development Committee

Responsible Officer: David Russell, Senior Contracts and Procurement Officer

Executive: Andrew Brien, Chief Executive Officer

Attachment: Appendix RAC-2: Revised Council Policy – Purchasing (Excluding Tenders)

Summary The purpose of this report is for Council to consider a revised Policy relating to Purchasing (Excluding Tenders). Policy Review and Development Committee Recommendation That Council adopt the revised Council Policy Purchasing (Excluding Tenders) as attached at Appendix RAC-2. Strategic Relevance Key Priority Area 5 Corporate Objective 5.2 Maintain a high standard of corporate governance and improve access to

information Background The Purchasing (Excluding Tenders) Policy was originally adopted by Council in 1993, and is reviewed biennially to ensure legislative compliance. The Policy was last reviewed and endorsed on 18 March 2014 (Council Decision 80/14). Since the last review of the Policy in March 2014 the Functions and General Regulations have been amended (October 2015). The proposed revised Policy reflects these changes. Council Policy Compliance This report proposes a revision of an existing Council Policy. Legislative Compliance The Local Government (Functions and General) Regulations 1996, Division 1, Part 4, Regulation 11A states that a local government is to prepare or adopt, and is to implement a purchasing policy in relation to contracts for other persons to supply goods or services where the consideration under the contract is expected to be less than $150, 000 or less.


Officer Comments Proposed changes of significance to the Policy include: 1. The threshold of the Policy has been increased from $100,000 to $150,000 (Clause 4 and

Clause 4v). This is due to the change in legislation which has increased the threshold as per the Function and General Regulations 1996 from $100,000 to $150,000.

2. Removal of Clause 4 (i) in the existing Policy. There is no need for this sub clause as it is covered in Clause 4 (ii). One verbal quote should be the minimum requirement for purchasing.

3. Increased the threshold for one verbal quotation from $1,000 to $2,000 (existing Clause 4, ii and iii). As the price of goods or services has increase over time the value for one quotation requirement has not been amended. The expenditure amount is considered to be of a minor nature and time spent obtaining quotations in officer time may often negate any savings in multiple quotations. In addition Clause 10 has been included to regulate recurring expenditure.

4. The wording of Clause 4 (v) has been made more concise than current wording and has clarified that the Contracts and Procurement Department shall conduct the procurement process. This has been included to mitigate risk and ensure that a thorough process is conducted.

5. Clause 5 has been updated to reflect the changes in the Purchasing – Local Preferences Policy to include the Bunbury/Wellington Group of Councils.

6. Clause 10 has been added to capture where recurring goods and services are obtained from a supplier or contractor. Many businesses provide recurring good or services to the City which over time have no contract end date and while transactions may not be considered high in expenditure in isolation, when aggregated can be significant. Contract arrangements should be put in place for recurring expenditure to ensure best value for money is obtained through a competitive process.

Analysis of Financial and Budget Implications There are no financial or budgetary implications impacting from the recommendations of this report, as the intent of the existing Policy has not been altered Councillor/Officer Consultation The Chief Executive Officer and Executive Leadership Team have been consulted in the review of this Policy. The Policy Review and Development Committee considered the revised policy at its meeting on 17 February 2016 and commend the policy to Council.


10.1.3 Review of Council Policy – Leases and Licences


Responsible Officer: Felicity Anderson, Manager Major Projects


Attachments: Appendix RAC-3: Workshop attendance list Appendix RAC-4: White board notes from workshop

Summary This purpose of this report is to provide Council with the outcome of the community consultation workshop held 4 February 2016 relating to the possible options and amendment of Council’s current policy, Leases and Licenses. Strategic Relevance Key Priority Area 5 Corporate Objective 5.2 Maintain a high standard of corporate governance and improve access to

information. Policy Review and Development Committee Recommendation That Council: 1. Note the summary report and workshop feedback; 2. Continue to apply the Rent Tier Matrix as is (Status Quo) until 30 June 2016; and 3. Request the CEO to provide a revised model for consideration by the Committee prior to 30

June 2016. Background At the Ordinary Council meetings held on 12 and 26 May 2015, Council considered reports relating to the assignment of a lease to the Bunbury Tennis Club. The matter was ultimately resolved outside the parameters of Council’s Leases and Licences policy. In this regard it was considered appropriate for the Committee to review the Leases and Licences policy, which currently does not take into consideration any social benefit measures when applied to a lease application or renewal. Officers investigated a number of options incorporating the social impacts that community and sporting clubs provide the broader community, and how these can be taken into consideration by the City when structuring leasing fees. A report was presented to the Committee detailing three (3) options that were investigated, to determine a process that measures social involvement in the community, assessed by information provided directly from the groups through an application form.


At the policy Review and Development Committee Meeting 18 June 2015 it was agreed to consult directly with affected community and sporting organisations, to workshop the potential options and impacts to ascertain the best option moving forward. An options discussion paper was drafted and the City’s Sport and Recreation Liaison Officer issued letters and options papers to some 50 community and sporting groups seeking feedback. Initially there was little response and the Officer followed up several times, once at the end of August and again later in September. Officers also met with a number of clubs that sought clarification during the process. At the end of the process 19 community and sporting groups had provided a response. On the advice and information returned, the Sport and Recreation officer prepared a summary report. Of the three (3) options put forward for discussion the community determined the options in the following order preference, with two options jointly taking first preference:. First Preference Option 1 -Continue Rent Tier Matrix as applied; and

Option 3 -Rent Tier Matrix with additional discount for social impacts (measure)

Third Preference Option 2 – Land Area Charging with Social Assessment The above information was reported to the Policy Review Committee on 26 November 2015 and the Committee recommended: “That Council: 1. Request the CEO conduct a forum with consulted sporting groups in February 2016 to

complete the consultation process; and 2. Continue the Rent Tier Matrix as is (Status Quo) until the results of the forum are

determined and reported back to the Policy Review and Development Committee.” In early January 2016 letters were sent to all clubs informing them of a workshop to discuss the outcomes of the discussion paper survey and to seek further feedback and ideas from clubs. The workshop was held the evening of Thursday 4 February 2016. Letters were sent out to 42 clubs with 47 persons registering to attend the evening, 42 signing the attendance sheet and 48 actually attending. A copy of the attendance sheet is attached at Appendix RAC-3. Officers from both Sport and Recreation and Property conducted the workshop. The Manager Sport and Recreation and Manager Major Projects and Property also participated. In general the workshop was positive with the attendees identifying different preferences and new options for consideration. These were different to those preferences and options reported back from the discussion paper survey. A summary sheet of points, ideas and comments made from the floor is attached at Appendix RAC-4.


The following points were the key factors identified by attendees and supported by the majority in attendance: 1. Clubs would prefer a lease that is not based on a valuation. 2. Clubs would like to negotiate as individual clubs with a basic framework/policy. 3. Clubs believe if Council has a policy they should stick to it and not make exceptions. 4. Clubs would like Council to consider or look at a lease based on the costs to council for

each individual group and agreement. 5. Clubs don’t feel the City should be generating funds but only covering costs. 6. Clubs question commercial capacity of some clubs, noting bars, hire of facilities are

fundraisers for club activities. 7. Most clubs are acceptable to the application of some form of social measure. In addition there were a number of clubs that identified that clubs may be more receptive if the lease funds were placed into a reserve account to address the buildings and maintenance or go back into sport/recreation. Council Policy Compliance This report relates to current Council Policy Leases and Licenses. Legislative Compliance Section 3.58 of the Local Government Act 1995 deals with disposal of property. Regulation 30 of the Local Government (Functions and General) Regulations 1996 covers dispositions of property excluded from the Act. Budget Implications Each market valuation sought for the rent tier matrix application, subject to market demands and supplier, can cost up to $3,000 and take three (3) months to receive. This is a cost that the City currently bears and is not passed onto the individual community and sporting groups. However, legally Council may choose at its discretion to recover this cost from groups. Officer Comments Following the workshop held 4 February 2016 Officers require the time and opportunity to investigate further the key factors identified by the clubs. Officers would like to review the option of formulating a lease framework around the clubs ideas and cost to Council. Once a framework is formulated Officers recommend that the framework be taken back to Clubs in the form of a workshop for discussion and to determine the Clubs position prior to reporting back to the Council Policy Review and Development Committee.


Councillor/Officer Consultation Relevant Officers have been consulted in relation to the preparation of this report and associated options. The Policy Review and Development Committee considered this matter at its meeting held 17 February 2016.


10.1.4 Review of Council Policy – Council Policy Tree Retention


Responsible Officer: Kristy Tillett, Manager Landscape & Open Space

Executive: Gavin Harris, Director Works and Services

Attachments: Appendix RAC-5: Revised Council Policy – Tree Retention Appendix RAC-6: Corporate Guideline- Street Tree Management Appendix RAC-7: Amenity Valuation Method

Summary The purpose of this report is for Council to consider a revised Policy relating to the Tree Removal Policy. Policy Review and Development Committee Recommendation That Council adopt the revised Council Policy Tree Retention as attached at Appendix RAC-5. Strategic Relevance Key Priority Area 5 Corporate Objective 5.2 Maintain a high standard of corporate governance and improve access to

information. Background The Tree Removal Policy was original adopted by Council on 21 December 2004 (Council Decision 386/04), and last reviewed on 17 March 2015. The purpose of the Policy is to provide clear guidelines to the procedures involved in assessment of trees proposed for removal and to help minimise the removal of mature tree species throughout Bunbury. Council Policy Compliance This report proposes a revision of an existing Council Policy. Legislative Compliance There is no legislative compliance impacting upon this report Officer Comments Officers were requested to undertake a review of the Council Policy Tree Removal by Councillor Warnock. Following the request, Officers met with Cr Warnock to discuss suggested changes, namely including an option for property owners whose initial tree removal application was declined to escalate their request to the Director of Works and Services. In undertaking the review officers consulted external sources, including investigating Australian Standards and assessing similar Western Australian local government policies and standards with a view to incorporating the suggested amendments.


As an outcome of the review, Council officers recommend the following Policy amendments:

* Amend the Policy name from Tree Removal to Tree Retention; * Include a clause to encourage tree retention where development approval has been

granted where required recoup costs associated with removal; * Keep the policy intent the same, which discourages additional pruning or removal contrary

to the policy details. A Street Tree Management Guideline (attached at Appendix RAC-6), has also been created to detail the practical aspects of the Council Policy and provide clear procedures in relation to retention maintenance and removal of trees. Analysis of Financial and Budget Implications Where new developments cannot be altered to accommodate a tree, applicants will be required to pay a calculated figure for removal and replacement of the tree in accordance with Council’s Policy and associated Guideline. The valuation of the tree will be calculated using the City of Bunbury tree valuation formula, as attached at Appendix RAC-7. Councillor/Officer Consultation The Development Coordination Unit officers and Landscape and Open Space staff have been consulted in the review of this policy. The Policy Review and Development Committee considered the revised Policy and the associated corporate guideline at its meeting held 17 February 2016 and commend the Policy to Council.


10.2 Chief Executive Officer Reports 10.2.1 City of Bunbury Waste Services - Service Review

Applicant/Proponent: Internal

Responsible Officer: Felicity Anderson – Manager Major Projects


Attachments: Confidential Attachment CRUSC-1: Confidential Draft Waste Services Review

Summary Following Council decision 366/15 of 13 October 2015 a Service Review of the City of Bunbury Waste Services department was undertaken and completed in December 2015. The Confidential Draft Report has been distributed under separate cover at Confidential Appendix CRUSC-1 and identifies five key recommendations for Council endorsement. Executive Recommendation That Council: 1. Accepts the City of Bunbury Waste Services Draft Service Review Report; and 2. Endorses the five key recommendations identified in the Confidential Report. Background At the Ordinary Council Meeting held 13 October 2015 Council Decided (366/15) relating to Organisational Structure:

“That Council authorise the Chief Executive Officer to implement the recommendations as contained in the Confidential Report – Organisational Structure October 2015.”

One of the recommendations was to undertake a review of Council’s Waste Services prior to any consideration being given to replace the role of Manager Waste Services, following the appointment of the then Manager to the role of CEO Bunbury Harvey Regional Council.

The framework and approach to the service review process was developed using the Australian Centre of Excellence for Local Government (ACELG) Service Delivery model. The framework identified stakeholders, provided guiding principles, objectives, engagement and project plans and identified areas for research and investigation. Waste Service employees were provided a copy of the proposed framework to undertake the Service Review prior to the process commencing. Key stakeholders being the Waste Services employees were communicated with and engaged from the very start of the process commencing 15 October 2015. All employees were provided the opportunity and actively participated in the process.


The Draft report was completed in late December 2015 with key recommendations presented to Council Briefing 16 February 2016. Council Policy Compliance Not applicable Legislative Compliance Not applicable Officer Comments Following completion of the review there were five key recommendations identified. They were:

KEY RECOMMENDATIONS

1 Operate the next six months to provide actual financial and operational records reflective of the situation.

2 Review, investigate and implement recommendations from this report that may deliver positive outcomes with minimal risk to the organization.

3 Seek independent or collaborative review and validation BHRC assets to finalise the split of entities and assets.

4 Investigate the viability and potential savings of utilising the proposed private waste transfer station in Bunbury.

5 Allow Waste Services to operate for a minimum of twelve months as from 1 July 2016 to provide the opportunity to realise savings and improvements, before a review or cost analysis of In-house vs Private Operator is further considered.

Analysis of Financial and Budget Implications While there are no identified costs associated to implementing the recommendations, it is identified in the Draft Report that Waste Services are a financially viable operation and with the opportunity to implement operational change to improve efficiencies greater viability is expected. Councillor/Officer Consultation Council were provided information at the Council Briefing 16 February 2016. The Executive and relevant staff have been consulted through the process.


10.3 Director Corporate and Community Services

Nil.


10.4 Director Planning, Development and Regulatory Services Reports 10.4.1 Ranger Authorisation – Keith Billington


Responsible Officer: Neil Dyer, Acting Manager Community Law, Safety and Emergency Management

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

Attachments: Nil

Summary Council Rangers/Fire Control Officers are required to be authorised by Council to enable them to perform their duties. Executive Recommendation That Council: 1. Appoints Keith Billington as Authorised Officer and an Authorised Person in accordance

with the following legislation from the commencement of his employment with the City of Bunbury being 15th February 2016:

1.1 Dog Act 1976, Dog Act Regulations, Dog (Restricted Breeds) Regulations (No. 2) and

Dog Local Laws (as amended); 1.2 Local Government Act 1995; 1.3 Local Government (Miscellaneous Provisions) Act 1995 as amended; 1.4 Litter Act 1979 and Litter Regulations (as amended); 1.5 Control of Vehicles (Off-road Areas) Act 1978 and Control of Vehicles (Off Road

Areas) Regulations (as amended); 1.6 Administer and enforce the Local Laws of the City of Bunbury Council; 1.7 Bush Fires Act 1954 and Bush Fires Act Regulations (as amended); 1.8 Cat Act 2011 and Cat Regulations 2012; and 1.9 Caravan Parks and Camping Grounds Act 1995.

2. Council appoint Keith Billington as a:

2.1 Registration Officer in accordance with the Dog Act 1976; 2.2 Fire Control Officer in accordance with Section 38 and 59 of the Bush Fires Act 1954

(as amended); 2.3 Pound Keeper/Ranger pursuant to the provision of Part XX of the Local Government

(Miscellaneous Provisions) Act 1995. 3. The appointment be advertised as required by the abovementioned legislations.


Background Keith Billington commenced employment with the City of Bunbury as a Ranger/Fire Control Officer on 15 February 2016. This position requires that he be authorised in accordance with legislation, enabling him to administer and enforce the provisions of various legislation. Council Policy Compliance The Authorisation of Parking Rangers is a standard requirement to allow the Officer to perform their duties. Legislative Compliance The aforementioned legislation requires that Council authorises staff who are employed for the purpose of exercising the powers as conferred under each statute. Officer Comments Nil Analysis of Financial and Budget Implications Nil Community Consultation Nil Councillor/Officer Consultation Nil


10.4.2 Ranger Authorisation – Peter Gratwick


Responsible Officer: Neil Dyer, Acting Manager Community Law, Safety and Emergency Management

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

Attachments: Nil

Summary Council Rangers/Fire Control Officers are required to be authorised by Council to enable them to perform their duties. Executive Recommendation That Council:- 1. Appoints Peter Gratwick as an Authorised Officer and an Authorised Person in accordance

with the following legislation from the commencement of his employment with the City of Bunbury being 22nd February 2016

1.1 Local Government Act 1995; 1.2 Local Government (Miscellaneous Provisions) Act 1995 as amended; 1.3 Litter Act 1979 and Litter Regulations (as amended); 1.4 Control of Vehicles (Off-road Areas) Act 1978 and Control of Vehicles (Off Road

Areas) Regulations (as amended); 1.5 Dog Act 1976, Dog Act Regulations, Dog (Restricted Breeds) Regulations (No. 2) and

Dog Local Laws (as amended); 1.6 Cat Act 2011 and Cat Regulations 2012; and 1.7 Registration Officer in accordance with the Dog Act 1976; 1.8 Pound Keeper/Ranger pursuant to the provision of Part 9 of the Local Government

(Miscellaneous Provisions) Act 1995. 1.9 The purpose of control and supervision of any of the Local Laws of the City of

Bunbury Council; 2. The appointment be advertised as required by the abovementioned legislations. Background Peter Gratwick commenced employment with the City of Bunbury as a Parking Ranger on 22nd February 2016. This position requires that he be authorised in accordance with legislation, enabling him to administer and enforce the provisions of various legislation. Council Policy Compliance The Authorisation of Parking Rangers is a standard requirement to allow the Officer to perform their duties.


Legislative Compliance The aforementioned legislation requires that Council authorises staff who are employed for the purpose of exercising the powers as conferred under each statute. Officer Comments Peter Gratwick is employed as a Parking Ranger, however from time to time it will be necessary for him to assist with Rangers in attending other complaints and tasks associated with dog, cats and livestock. This will include duties as pound keeper and registering animals per the Dog and Cat Act and Regulations. Analysis of Financial and Budget Implications Nil Community Consultation Nil Councillor/Officer Consultation Nil


10.4.3 Application for Change of Use from ‘Shop’ to ‘Betting Agency’ with Associated Signage at Lot 65

(#0, Unit 5) Sandridge Road, Bunbury

File Ref: DA/2015/329/1

Applicant/Proponent: Racing and Wagering Western Australia

Responsible Officer: Anthony Pick, Planning Officer


Attachments: Appendix DPDRS-1: Location Plan Lot 65 Sandridge Road Appendix DPDRS-2: Proposed Development Plan Appendix DPDRS-3: Applicant’s Supporting Information Appendix DPDRS-4: Schedule of Public Submissions Appendix DPDRS-5: Applicant’s Response to Public Submissions

Summary An application for development approval has been lodged by Racing and Wagering Western Australia (RWWA) for a change of use of Unit 5, Lot 65 Sandridge Road, from ‘Shop’ to ‘Betting Agency’. The proposal also includes the replacement of the existing signage, which in terms of dimensions will be on a like for like basis. The City of Bunbury has received eight (8) submissions to the proposed development, which are split equally between support and objection. It is considered that the proposal is consistent with the objectives of the ‘Shopping Centre Zone’ and would represent orderly and proper planning and therefore, the recommendation is for approval. Executive Recommendation That Council: 1. In accordance with the Planning and Development Act 2005 (as amended) and Planning

and Development(Local Planning Schemes) Regulations 2015, hereby resolves to grant development approval for the change of use from ‘Shop’ to ‘Betting Agency’ at Lot 65 (#0, Unit 5) Sandridge Road, Bunbury (application reference: DA/2016/2/1), subject to the following conditions: 1. At all times, the development the subject of this planning approval must comply

with the definition of ‘Betting Agency’ as contained in Schedule 1 of the City’s Local Planning Scheme.

2. All development shall be in accordance with the approved development plans (attached) which form part of this planning approval.

3. This planning approval will expire if the approved development has not substantially commenced within two (2) years from the date of issue of the approval, or, within any extended period of time for which the City of Bunbury has granted prior written consent.

4. The signage and advertisements are not to exceed the dimensions as indicated on the application without written approval from the City of Bunbury. The sign shall not project above the roofline.

5. Any illuminated signage is not to flash or pulsate and shall not exceed 500 candelas per square metre.


6. The signage and advertisements shall be professionally made and kept clean and maintained free of dilapidation at all times.

Advice Notes 1. This is a development approval and it is not a building permit. The development the

subject of this approval is also regulated by the Building Code of Australia and a separate building permit must be granted before the development commences. The owner is advised to liaise further with the City of Bunbury’s Development Assessment and Building Certification department on (08) 9792 7000.

2. The development the subject of this planning approval must comply with the requirements of the Health Act 1911.

3. The development the subject of this planning approval is required to comply with the City of Bunbury Health Local Laws 2001.

4. Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained

2. Advise the applicant, landowner and submitters of Council’s decision. Background The site is zoned ‘Shopping Centre’ as per the City of Bunbury Town Planning Scheme No. 7 (the Scheme). Unit 5 comprises one of the Sandridge Village tenancies, previously operated by Video Ezy, located to the east of the Bunbury Forum. The Forum is identified as a District Centre. The site has dual access from Strickland Street to the north and Sandridge Road to the south. To the north the land is zoned ‘Residential’ (R20/R40) and ‘Special Use Zone No. 46’, which has been developed for aged person’s development. The applicant has operated a Betting Agency since December 1995 at the western end of the Bunbury Forum, which is located 450m from the proposed tenancy. The applicant advises that the lease is coming to an end and the business is seeking to relocate to Unit 5 Sandridge Village. As per Table No. 1 – Zoning Table of the Scheme, the land use ‘Betting Agency’ is an ‘A’ use in the ‘Shopping Centre Zone’. This means that prior to determination the application must be advertised for public comment. A location plan showing the subject site and its surrounds is attached at Appendix DPDRS-1. The proposed development plans are attached at Appendix DPDRS-2 and other supporting information from the applicant is attached at Appendix DPDRS-3. Legislative and Council Policy Compliance The following statutory planning instruments of the State Planning Framework and Local Planning Framework are applicable to the assessment of this application for planning approval: - Planning and Development Act 2005 - Greater Bunbury Region Scheme (GBRS) - City of Bunbury Town Planning Scheme No.7 (TPS7) - Local Planning Policy: Access & Parking for Pedestrians, Bicycles and Vehicles - Local Planning Policy: Signage & Advertising


Officer Comments Zoning / Development Standards Section 4.2 of the Scheme sets out the broad objectives of the ‘Shopping Centre Zone’ as:

“To accommodate suburban shopping centres and such other uses as the local government considers appropriate to the suburban shopping centre function including, but not limited to, retail shopping, office, other approved commercial development, social, recreational and community activities and facilities”.

The ‘Betting Agency’ currently operates from the western end of the ‘Shopping Centre Zone’ and is considered compatible with the objectives of the zone. The car parking requirement for ‘Betting Agency’ is equivalent to that of the land use ‘Shop’ at one bay per 20m². Therefore, the proposed land use will not require any additional parking. Other regulatory requirements In relation to other regulatory approvals, as this proposal is to relocate an existing TAB agency only, RWWA is required to advise the Department of Racing, Gaming and Liquor of its intent, rather than submitting an in depth social impact assessment to the Gaming and Wagering Commission which is required when establishing a new outlet. Signage The application also seeks approval for replacement signage. The plans show that the signage will utilise the existing signage envelope, which is consistent with the other tenancies, and as such the proposal is supported. Analysis of Financial and Budget Implications This application for planning approval relates to private property, and therefore, the effect of the recommendation has no direct budgetary or financial implications for the City of Bunbury. If the applicant is aggrieved by Council’s decision they may apply for a review of the decision through SAT. If the decision is forwarded to SAT for appeal, the City of Bunbury may incur legal costs. Community Consultation The application has been advertised in accordance with Clause 9.4 of the Scheme and advertised for public comment from 13 January to 28 January 2016. Public consultation measures included the following: - Letters sent to surrounding landowners (note letters to Sandridge Village tenancies were

subsequently returned by Australia post); - Two (2) public notification signs displayed at Sandridge Village; - Public notice of proposal published in a locally circulated newspaper (two consecutive

editions);


- Public notice of proposal posted on the City of Bunbury’s website; and - Copies of plans and supporting information made available at the City of Bunbury’s

customer service centre. In total, eight (8) submissions were received, of which four (4) were objections. Summary of objections: (1) Impact on existing business, in particular trade from the retirement village which will be

impacted by a betting agency; (2) Increase in traffic; (3) Poor access to the site; (4) Existing parking issues; (5) Security concerns; and (6) Land use is incompatible with other tenancies where children attend. The following are responses to the objections raised: - Point 1: it is considered that the proposed land use is within the broad scope of land uses

that are considered compatible with the Shopping Centre Zone. - Point 2: in accordance with the Road Traffic Authority Guide to Traffic Generating

Developments (2002) a shop would generate more traffic movements e.g. a shop generates 12.5 vehicle movements per 100m² at peak hour as opposed to a betting agency at 10 vehicle movements per 100m².

- Points 3 & 4: there are no changes to the access and parking requirements, which are in accordance with the Scheme.

- Point 5: whilst there is no requirement for the applicant to provide security the following measures are in place: CCTV; 24 hour alarm system; security counter wires; and agents trained in all aspects of security. Wider security measures would be a decision for the shopping centre management.

- Point 6: the land use is proposed within the ‘Shopping Centre Zone’ which is consistent with the objectives of the Zone. The premises are restricted to 18 years and over.

Refer to the Schedule of Submissions and officer comments attached at Appendix DPDRS-4. The applicant’s response to the submissions is attached at Appendix DPDRS-5. 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. Delegation of Authority This application for planning approval has been referred to Council for its determination, as submissions objecting to the proposal were received during the public consultation process and therefore, cannot be determined under delegation. The Western Australian Planning Commission have advised the City of Bunbury that they consider the proposal to be ancillary and incidental to the predominant use of the land, and therefore does not require planning approval under the Greater Bunbury Regional Scheme (GBRS).


10.4.4 Proposed Grouped Dwelling at Strata Lot 3 (U3/#17) Hayward Street South Bunbury

File Ref: P004983-2, DA/2016/2/1

Applicant/Proponent: Russell Noble Constructions Pty Ltd

Responsible Officer: Martin Hughes, Planning Officer


Attachments: Appendix DPDRS-6: Local Planning Policy: Detailed Area Plan Hayward Street Appendix DPDRS-7: Location Plan SL3 Hayward Street South Bunbury Appendix DPDRS-8: Development Plans SL3 Hayward Street South Bunbury Appendix DPDRS-9: Site Plan SL3 Hayward Street South Bunbury Appendix DPDRS-10: Schedule of Submissions SL3 Hayward Street South Bunbury

Summary An application for development approval was lodged by Russell Noble Constructions Pty Ltd seeking to develop a grouped dwelling at Strata Lot 3 (U3/#17) Hayward Street, South Bunbury. Where the deemed-to-comply provisions of the Residential Design Codes (R-Codes) are not met, the variations are assessed against the corresponding design principles of the R-Codes. It is considered that the variations relating to lot boundary setbacks and outdoor living areas satisfy the design principles of the R-Codes, and hence, it is recommended that development approval be granted for the development of the proposed grouped dwelling. Executive Recommendation That Council: 1. In accordance with the Planning & Development Act 2005 (as amended) and Planning and

Development (Local Planning Schemes) Regulations 2015, hereby resolves to grant development approval for a grouped dwelling at Strata Lot 3 (U3/#17) Hayward Street, South Bunbury (application reference: DA/2016/2/1), subject to the following conditions: 1. At all times, the development subject of this planning approval must comply with

the definition of Grouped Dwelling as contained in State Planning Policy 3.1 Residential Design Codes.

2. All development shall be in accordance with the approved development plans (attached) which form part of this planning approval.

3. This planning approval will expire if the approved development has not substantially commenced within two (2) years from the date of issue of the approval, or, within any extended period of time for which the City of Bunbury has granted prior written consent.

4. All works required to satisfy a condition of this approval are required to be installed/constructed and maintained in accordance with the approved plans and conditions of approval for the life of the development.

5. Before the development is occupied, external clothes drying facilities must be provided for each dwelling in accordance with clause 5.4.5 of the State Planning Policy 3.1 Residential Design Codes (the R-Codes). External clothes drying facilities


must be effectively screened from public view at all times and to the satisfaction of the City of Bunbury. Details to be submitted with the building permit application.

6. Before the development is occupied, enclosed lockable storage areas, constructed in a design and material matching the dwellings, with external access, with a minimum dimension of 1.5m and an internal area of at least 4m2, must be provided onsite for each dwelling in accordance with clause 5.4.5 of the State Planning Policy 3.1 Residential Design Codes (the R-Codes) and to the satisfaction of the City of Bunbury.

7. Rubbish bin storage areas must be screened from public view at all times in accordance with clause 5.4.5 of State Planning Policy 3.1 Residential Design Codes (the R-Codes) and to the satisfaction of the City of Bunbury.

8. The boundary (parapet) walls, including footings and associated structures, shall be constructed wholly within the lot boundaries and finished to a quality finish and professional standard, to the satisfaction of the City of Bunbury.

9. Before the development is occupied, the access way(s), car parking and turning area(s) shall be constructed in accordance with the development approval to the satisfaction of the City of Bunbury.

10. Before the development is occupied, any alterations, relocation or damage of existing infrastructure within the road reserve must be completed and reinstated to the specification and satisfaction of the City of Bunbury.

11. Before the development commences, a damage bond to the value of $1,000.00 must be paid to the City of Bunbury in accordance with the City of Bunbury Local Planning Policy: Bonds.

12. A minimum of 1m3 of storm water storage for each 65m2 of impervious area must be provided on site in accordance with the City of Bunbury’s Information Guide – Stormwater Disposal from Private, Commercial and Industrial Properties.

Detailed design plans of the proposed stormwater management must be submitted for approval prior to the development commencing, and be implemented in accordance with the approved plan prior to the development being occupied.

13. 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 2.2 metres AHD in accordance with the City of Bunbury’s Local Planning Policy: Development in Flood Affected Areas.

14. Before the development is occupied, the property must be connected to the Water Corporation reticulated sewerage system.

Advice Notes: 1. The City of Bunbury advises that where a planning approval letter contains

conditions which are required to be discharged before development commences, to commence development before those conditions are discharged means that the development is not pursuant to the planning permission and is therefore unauthorised development.

2. An application for an extension of time to an existing planning approval shall require a formal written request, signed by both the land owner and applicant (if applicable) and the payment of the appropriate application fee (as per the Council's Fees & Charges Schedule), details of the relevant planning approval are required (e.g. DA number, date of approval, property address). An application shall be received within one month prior to the expiration of the Planning Approval.

An extension of time shall only be granted once. Should an extension of time expire a new application for Planning Approval will be required.


3. This is a planning approval and it is not a building permit. The development the subject of this approval is also regulated by the Building Code of Australia and a separate building permit must be granted before the development commences. The owner is advised to liaise further with the City of Bunbury’s Development Assessment and Building Certification department on (08) 9792 7000.

4. There is a requirement to comply with the Aboriginal Heritage Act 1972 as amended, which protects all Aboriginal heritage sites in Western Australia whether they are known or otherwise.

This planning approval does not remove or affect any statutory responsibility or obligation the developer / landowner may have under the Aboriginal Heritage Act 1972. The developer / landowner is advised to contact the relevant State Government public authority(s) before commencing any site works to ensure that your statutory responsibilities or obligations are met.

Damaging or altering an Aboriginal heritage site constitutes an offence under the Aboriginal Heritage Act 1972 as amended, and is punishable by law. Further information can be obtained from the Department of Indigenous Affairs on (08) 9964 5470 or (08) 9235 8000 or at www.dia.wa.gov.au.

5. The City of Bunbury advises that the site is identified as high to moderate risk of acid sulphate soils. Further information can be obtained from the Department of Environment Regulation’s Acid Sulfate Soils Branch on (08) 6467 5000 or at www.der.wa.gov.au

6. This planning approval does not remove or affect any statutory responsibility or obligation the owner may have under that Strata Titles Act 1985 (as amended). Under the strata or survey strata plan, a requirement for consent by the strata company or other strata or survey strata owners may be required.

7. Where an approval has lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained.

8. It is the owner’s responsibility to ensure all required approvals are obtained for the project prior to works commencing on site (including any specified conditions attached to the Planning Approval).

Separate approvals that may be required to be issued by the local government prior to works commencing could include – a Building Permit (Building Act 2011/ Building Regulations 2012); Health Approval (Health Act 1911, Food Act 2008, Local Laws etc. for – On site waste disposal, Food premises, Hairdressing premises, Skin penetration premises and Public Buildings); Water Corporation Approval; New Cross Over Permits (Council’s Engineering Dept.); and Landscaping Approval (for any works on verge) etc.

Works such as de-watering, native vegetation clearing or working near existing infrastructure may require separate approvals from relevant private or state government agencies.

Failure to obtain any required approvals prior to works commencing can result in separate statutory fines under the relevant legislation e.g. Building without a Building Permit – Building Act s9 Part 2 – first offence $50,000.

Further information can be obtained from the City of Bunbury website www.bunbury.wa.gov.au – Building Services or Building Certification Department (08) 9792 7120.

9. The Plans and Specifications must be submitted to the Water Corporation for approval. www.watercorporation.com.au, Bunbury Office: Level 3, 61 Victoria Street, Phone: (08) 9791 0400

http://www.dia.wa.gov.au/

http://www.der.wa.gov.au/

http://www.bunbury.wa.gov.au/

http://www.watercorporation.com.au/


10. All documentation submitted with the building permit application shall be in accordance with the Building Regulations 2012 and the Building Code of Australia – Volume 2, including in particular, detailed plans and specifications for the site works (including finished ground and floor levels), storm water and roof run-off disposal, existing easements, cross-over and parking areas (including pavement type), to the satisfaction of Council.

11. Energy efficiency details of the proposed project to comply with the Building Code of Australia – Volume 2, (Housing Provisions) Part 3.12 for Climate Zone 5.

12. The development the subject of this planning approval must comply with the requirements of the Health Act 1911.

13. The development the subject of this planning approval is required to comply with the City of Bunbury Health Local Laws 2001.

2. Advise the applicant, landowner and submitters of Council’s decision.

Background The subject site is included in the ‘Residential Zone’ with a density of R40, and is located within a well-established neighbourhood area in the suburb of South Bunbury. The subject site is a result of a 20 strata lot subdivision in approximately 2006. In order to guide future development, a Local Planning Policy: Detailed Area Plan – Hayward Street (Hayward Street DAP), which is attached at Appendix DPDRS-6, was adopted on 23 August 2011. The proposed development application is to construct a grouped dwelling on Strata Lot 3 (U3/#17) Hayward Street, South Bunbury. Lots 1 and 5 contain two-storey dwellings, with Lot 4 currently under construction. A location plan showing the subject site and its surrounds is attached at Appendix DPDRS-7. Legislative and Council Policy Compliance The following statutory planning instruments of the State Planning Framework and Local Planning Framework are applicable to the assessment of this application for planning approval: - Planning and Development Act 2005 - State Planning Policy 3.1 Residential Design Codes (the ‘R-Codes’) - Planning and Development (Local Planning Schemes) Regulations 2015 - City of Bunbury Town Planning Scheme No.7 (TPS7) - Local Planning Policy: Detailed Area Plan – Hayward Street (Hayward Street DAP). Officer Comments This proposal seeks a variation to the R-Codes and the Hayward Street DAP for an over height and over length wall built up to the boundary, and an outdoor living area being within the front setback area. In addition, the adjoining landowner has objected to the proposed boundary wall. A site plan, lower floor plan, upper floor plan and elevation plan showing the proposed boundary wall and outdoor living area variations are attached at Appendix DPDRS-8.


Lot Boundary Setback The proposed western facing parapet wall, adjacent to Lot 4, has a proposed height of 5.7m for a length of 8.35m, then a 2.7m height for the remaining 4.5m length of the parapet wall, for a total parapet wall length of 12.85m. Clause 3(c) within the Detailed Area Plan states that ‘Building walls on the boundary (nil setback), as indicated on the DAP, shall be no higher than 3.5m with an average of 3m for two-thirds the length of the balance of the boundary behind the front setback.’ In addition, the R-Codes deemed to comply requirements also specify that walls may be built ‘not higher than 3.5m with an average of 3.0m or less, for two-thirds the length of the balance of the lot boundary behind the front setback’. The maximum permitted parapet wall length under the deemed to comply requirements is 12.05m; therefore the proposal of a lot boundary wall height of 5.7m and a total wall length of 12.85m does not satisfy the deemed-to-comply provisions and needs to be assessed against the corresponding design principles. Extract of Clause 5.1.3 – Lot Boundary Setback from State Planning Policy 3.1 Residential Design Codes (Page 19)

R-Codes Design Principle 5.1.3 P3.2

P3.2 Buildings built up to boundaries (other than the street boundary) where this:

makes more effective use of space for enhanced privacy for the occupant/s or outdoor living areas;

does not compromise the design principle contained in clause 5.1.3 P3.1;

does not have any adverse impact on the amenity of the adjoining property;

ensures direct sun to major openings to habitable rooms and outdoor living areas for adjoining owners is not restricted; and

positively contributes to the prevailing development context and streetscape.

The proposal has been assessed against the design principles of Clause 5.1.3 of the R-Codes, as demonstrated in the table below. Design Principles Assessment

Buildings built up to boundaries (other than the street boundary) where this:

makes more effective use of space for enhanced privacy for the occupant/s or outdoor living areas;

The proposed lot boundary walls provide an effective use of space, providing a larger upper storey area, allowing three bedrooms and associated bathroom/ensuite facilities and minimises underused passageways around a dwelling. In addition, the proposed lot boundary wall provides enhanced privacy for the adjoining lot due to not having any major openings or windows, therefore not having any capability for overlooking or views into the adjoining lots. The proposal does not impact the outdoor living areas of adjoining lot, as the alfresco areas are to the north of the lot.


does not compromise the design principle contained in clause 5.1.3 P3.1;

It is considered that the proposed variation does not compromise the design principle contained in clause 5.1.3 P3.1, which broadly states that buildings reduce impacts of building bulk on adjoining properties, provide adequate sun and ventilation, and to minimise the extent of overlooking.

does not have any adverse impact on the amenity of the adjoining property;

The proposal would not have any adverse impact on the amenity of the adjoining properties due to the height, scale or impact of the proposal, which is consistent with previous approvals and development proposals within the Hayward Street DAP area.

ensures direct sun to major openings to habitable rooms and outdoor living areas for adjoining owners is not restricted; and

It is considered that the proposed variation would not compromise direct sun to major openings to habitable rooms and outdoor living areas for the adjoining properties due to the north-south orientation of the lot. The adjoining lot has a 2.7m high parapet wall and highset windows that are considered to be minor openings on the upper floor, and the outdoor living areas (alfresco and balcony) is located along the northern boundary of the lot. The Site Plan for Lot 4 (U4/17) Hayward Street, South Bunbury is attached at Appendix DPDRS-9.

positively contributes to the prevailing development context and streetscape.

The proposed grouped dwelling positively contributes to the Hayward Street DAP area in terms of streetscape and the prevailing development context within the locality.

Note: a ‘major opening’ is defined in the R-Codes as a window, door or other opening in the exterior wall of a habitable room that provides external means of light or view for that room or space, but does not include an opening or openings that: - … have a sill height not less than 1.6m above floor level. Outdoor Living Areas The proposed dwelling comprises of an alfresco area, directly accessible from an open plan living and kitchen area, to the north of the lot, fronting Hayward Street. Clause 6(a) within the Hayward Street DAP states that ‘Outdoor living areas shall not be located within the front setback area and/or forward of the building line. 16m2 of the required outdoor living area shall be without permanent roof cover and shall remain as such in perpetuity.’ The proposed outdoor living area without permanent roof cover is within the front setback area and is forward of the building line which does not satisfy the Hayward Street DAP and needs to be assessed against the corresponding design principles. Extract of Clause 5.3.1 – Outdoor Living Areas from State Planning Policy 3.1 Residential Design Codes (Page 25)

R-Codes Design Principle 5.3.1 P1.1

P1.1 Outdoor living areas which provide spaces:

capable of use in conjunction with a habitable room of the dwelling;

open to winter sun and ventilation; and

optimise use of the northern aspect of the site.


The proposal has been assessed against the design principles of Clause 5.3.1 of the R-Codes, as demonstrated in the table below. Design Principles Assessment

Outdoor living areas which provide spaces:

capable of use in conjunction with a habitable room of the dwelling;

The proposed outdoor living area is capable of being used with a habitable room, as the alfresco area is directly accessible from the living/kitchen area.

open to winter sun and ventilation; and

The proposed outdoor living area is open to winter sun due to being north facing, and it is open to ventilation due to being unenclosed on three sides.

optimise use of the northern aspect of the site.

The proposed outdoor living area optimises the northern aspect of the site, as it is strategically placed facing north, providing a solar passive design to the dwelling. In addition, the second storey balcony provides an additional north facing outdoor living area.

For the reasons outlined above, the proposed variations are considered to meet the design principles. 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 SAT. If the decision is forwarded to SAT for appeal, the City of Bunbury may incur legal costs. Community Consultation As per the Hayward Street DAP and Part 4 – Consultation within the R-Codes, the applicant obtained neighbouring landowner’s comments from Strata Lot 4 (U4/#17) Hayward Street and Strata Lot 2 (U2/#17) Hayward Street, South Bunbury. The owner of Strata Lot 2 (U2/#17) Hayward Street, South Bunbury had no objection to the proposed development application. However, a submission was received from the owner of Strata Lot 4 (U4/#17) Hayward Street, South Bunbury objecting to the proposed development application. The main issue raised within the submission was in relation to the ability for sunlight to enter the dwelling and the loss of views. The aspect of sunlight to major openings to habitable rooms and outdoor living areas for adjoining owners has been considered within the design principles of the R-Codes and determined that the proposal meets the design principles. In addition, the loss of views to Lot 4 could be considered negligible due to the existing parapet wall and minor opening windows of the upper floor, therefore it is reasonable to expect that the owner of Lot 4 is unable to ‘view’ the proposed parapet wall, either from their outdoor living area, or second storey balcony. Refer to the Schedule of Submissions attached at Appendix DPDRS-10.


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. 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 during the public consultation process and therefore, cannot be determined under delegation.


10.4.5 Proposed Scheme Amendment 87 – ‘Special Use Zone No.49’ – Modifications of Special Use(s)

and Condition(s) – Part Lot 107 (North) Strickland Street, South Bunbury

File Ref: P09230-24

Applicant/Proponent: Planning Solutions

Responsible Officer: Teshome Tadesse, Senior Planning Officer

Executive: Stephanie Addison-Brown, Acting Director Planning, Development & Regulatory Services

Attachments: Appendix DPDRS-11: Scheme Amendment 87 Report

Summary The purpose of this report is for Council to consider initiating a scheme amendment to the City of Bunbury Town Planning Scheme 7 (TPS7) to include the use class ‘Veterinary Centre’ as an ‘A’ use in Schedule 2 – Special Use Zone No. 49 of the Scheme Text. The scheme amendment also includes modification or deletion of conditions listed under the conditions column of Special Use Zone No. 49 as required. Executive Recommendation That Council: 1. In accordance with the Planning and Development Act 2005 and the Planning and

Development (Local Planning Schemes) Regulations 2015 resolves to initiate and adopt for the purpose of public advertising of the proposed Scheme Amendment 87 as a standard amendment to the City of Bunbury Town Planning Scheme No. 7 by modifying text in the table under Schedule 2 – Special Use Zone No. 49 within the ‘Special Use(s)’ and ‘Condition(s)’ columns in accordance with the scheme amending pages as part of the draft Scheme Amendment Report.

2. Determines that Scheme Amendment 87 is a standard scheme amendment under Clause

35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reasons: (a) The amendment is broadly consistent with the adopted Local Planning Strategy for

Activity Centres and Neighbourhoods (2010); (b) Does not result in any significant environmental, social, economic or governance

impacts on land within the Scheme area; and (c) It is not a complex or basic amendment.

3. Refer a copy of the proposed Scheme Amendment 87 documentation to the Environmental Protection Authority for review and comment.

4. Subject to formal assessment not being required by the Environmental Protection

Authority, proceed to advertise proposed Scheme Amendment 87 for public comment with a submission period of not less than 42 days in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015.


5. Following conclusion of public advertising, reconsiders Scheme Amendment 87, including any proposed modifications, along with any submissions lodged with the City of Bunbury during the public consultation period.

Background The subject land can be identified as Part Lot 107 (north) Strickland Street and is known as the ‘Homemaker Centre’. After amalgamation of the two (2) properties, a portion of the site is now under split zoning of ‘Special Use Zone No. 49’ (north) and ‘Mixed Business Zone’ (south). Essentially, an existing building is located across two (2) zones. The subject land is located in close proximity to residential areas to the north. To avoid land use conflicts and to protect the amenity of the residents, Special Use Zone No. 49 was created under Scheme Amendment 3 to TPS7 in 2004 and a further Scheme Amendment 14 relating to this site was also gazetted in 2006. The current Scheme Amendment 87 will not change the zoning of the land as such, but it proposes modification to the Special Use(s) and Condition(s) columns of the Schedule 2 table provisions for Special Use Zone No. 49. The documentation prepared and submitted by the applicant is incorporated within the Scheme Amendment report attached at Appendix DPDRS-11. Legislative and Council Policy Compliance The following statutory planning instruments of the State Planning Framework and Local Planning Framework are applicable to assessing the scheme amendment request: - Planning and Development Act 2005; - Planning and Development (Local Planning Schemes) Regulations 2015; - Greater Bunbury Region Scheme (GBRS); - City of Bunbury Town Planning Scheme No. 7 (TPS7); and - Local Planning Strategy for Activity Centres and Neighbourhoods (2012). Officer Comments The use-class ‘Veterinary Centre’ is an ‘A’ use in the ‘Mixed Business Zone’, but this use-class is not listed as one of the possible uses in ‘Special Use Zone No. 49’ on Part Lot 107 (north) Strickland Street. The proposed scheme amendment will facilitate the inclusion of a ‘Veterinary Centre’ as an ‘A’ use by modifying text in the table under Special Use Zone No. 49 of the Scheme. The proposed modifications to Special Use Zone No. 49 include the following: - Addition of the use class ‘Veterinary Centre’ as an ‘A’ use – in order to accommodate the

proposed new use; - Deletion of Condition 1 (Development Guide Plan) – as the site is now fully developed and

the Development Guide Plan is now redundant; - Modifications of Point 4 of Condition 2 – to include reference to the parking policy; - Modifications of Point 1 of Condition 5 – rewording of the condition to accord with present

land title and development arrangements; and


- Deletion of Points 3, 4, 5 and 6 of Condition 5 – as these conditions are no longer relevant since the amalgamation of titles and construction of the development on site.

The proposed scheme amendment allows the inclusion of a ‘Veterinary Centre’ in Block G of the ‘Homemaker Centre’ which is partly located within ‘Special Use Zone No.49’. It is considered that the proposed use of ‘Veterinary Centre’ on the subject premises compliments the current use of the site as a ‘Pet Stock’ (Showroom). It is also considered that the addition of ‘Veterinary Centre’ use at this location would be compatible with the adjoining residential and commercial uses. The proposed modifications to the current conditions have been undertaken in light of their relevance at this point in time. The subject site has been already developed; and therefore some of the requirements are either irrelevant or require modification. The proposed modifications would not compromise the amenity of the surrounding residents, as it was intended in the original Scheme Amendment 3 of TPS7. Some of the conditions of Schedule 2, Special Use Zone No. 49 are still relevant; and therefore will be retained. Analysis of Financial and Budget Implications The procedure for considering a scheme amendment has no associated financial or budgetary implication other than the costs associated with technical assessment, public advertising and scheme administration. Community Consultation Standard scheme amendments are required to be advertised for public comment for a minimum period of 42 days in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015. Public consultation will include the following measures: - letters sent to surrounding landowners and relevant public authorities; - public notification signs erected onsite; - public notice of proposal published in a locality circulated newspaper; - 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. Councillor/Officer Consultation The proposed scheme amendment 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.


10.4.6 Adoption of Draft Local Planning Policy: Withers Local Area Plan

File Ref: A06469

Applicant/Proponent: City of Bunbury

Responsible Officer: Thor Farnworth, Manager Sustainability, Planning and Development


Attachments: Appendix DPDRS-12: Draft Local Planning Policy: Withers Local Area Plan Appendix DPDRS-13: Schedule of Submissions

Summary The draft Withers Local Area Plan (LAP) prepared by UDLA, in conjunction with staff from the City of Bunbury and with funding provided by the South West Development Commission (SWDC), was publicly advertised for comment from 13 January 2016 to 12 February 2016. The final draft of the Withers LAP document is now recommended for adoption by Council as a Local Planning Policy in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015. The draft Local Planning Policy: Withers Local Area Plan will function as a place based decision making tool, which builds on the already completed Withers Urban Renewal Strategy (WURS). While the WURS established a vision and objectives for the neighbourhood, the LAP translates this into a spatial plan that will inform the next stage of structure planning for redevelopment sites, improvements to road and pathway networks and the upgrading of infrastructure services. Executive Recommendation That Council resolves to: 1. In accordance with clause 4 of ‘Division 2 - Local planning policies’ under ‘Part 2 - Local

planning framework’ of ‘Schedule 2 - Deemed provisions for local planning schemes’ of the Planning and Development (Local Planning Schemes) Regulations 2015, proceed with the adoption of the final draft Local Planning Policy: Withers Local Area Plan without modification.

2. Publish a notice of the adoption of the Local Planning Policy: Withers Local Area Plan in a

newspaper circulating in the Scheme area, with the policy having effect on publication of the notice under subclause (5) of clause 4 of ‘Division 2 - Local planning policies’ under ‘Part 2 - Local planning framework’ of ‘Schedule 2 - Deemed provisions for local planning schemes’ of the Planning and Development (Local Planning Schemes) Regulations 2015.

3. Forward a copy of the adopted Local Planning Policy: Withers Local Area Plan to the

Western Australian Planning Commission for noting. 4. Advise the South West Development Commission and submitters of Council’s decision.


Background Council at its ordinary meeting held on 8 December 2015, resolved as follows (Decision 436/15):

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

2 - Local planning framework’ of ‘Schedule 2 - Deemed provisions for local planning schemes’ of the Planning and Development (Local Planning Schemes) Regulations 2015, resolves to advertise the draft Local Planning Policy: Withers Local Area Plan for public comment for a period of not less than 30 days.

2. Following public advertising of the draft Local Planning Policy: Withers Local

Area Plan, the proposal and any submissions lodged with the City of Bunbury during the public advertising period are to be returned to Council for further consideration.

Legislative and Council Policy Compliance The final draft Local Planning Policy: Withers Local Area Plan, attached at Appendix DPDRS-12, has been prepared in accordance with the provisions of ‘Division 2 - Local planning policies’ under ‘Part 2 - Local planning framework’ of ‘Schedule 2 - Deemed provisions for local planning schemes’ of the Planning and Development (Local Planning Schemes) Regulations 2015. Officer Comments The draft Withers LAP contains a number of ‘structure plan concepts’ for defined sub-precincts of the suburb. These sub-precincts encompass underutilised land owned by the Department of Housing and certain areas of compromised public open space managed by the City of Bunbury. The benefit of incorporating structure planning concepts into the draft Withers LAP and adopting it as a local planning policy ensures that Council has the opportunity to endorse the plan as a policy position for guiding the achievement of desired subdivision and development outcomes. With the adoption of the Withers LAP, it is anticipated that the Department of Housing will now progress with the formulation of a structure plan that will encompass all of the Crown Land redevelopment sites. Analysis of Financial and Budget Implications The draft Local Planning Policy: Withers Local Area Plan predominantly relates to the regulation of development on private property and housing authority land, and therefore, the effect of the recommendation has no direct budgetary or financial implications for the City of Bunbury. Community Consultation In accordance with recognised integrated local area planning principles and methodology, the Withers LAP project was fundamentally developed through the participation of the local community.


In accordance with Council’s resolution, the draft of the Local Planning Policy: Withers Local Area Plan was publicly advertised for comment from 13 January 2016 to 12 February 2016. Public consultation measures included the following: - public notice of the proposal was published over the period in a locally circulated newspaper; - public notice of the proposal was posted on the City of Bunbury’s website; and - posters and copies of the draft plan were made available at the Withers Library, City Library,

South West Sports Centre and the City of Bunbury’s customer service centre. Two (2) submissions were received during the public advertising period for the draft Withers LAP, of which: (a) one (1) was an objection from a resident concerning a perceived lack of consultation with

some of the affected residents (i.e. public housing tenants in particular); and (b) the other was a submission of support received from the Department of Housing. Please refer to the schedule of submissions attached at Appendix DPDRS-13. Councillor/Officer Consultation The draft Local Planning Policy: Withers Local Area Plan document was referred to the SWDC and the Department of Housing for endorsement in their capacity as members of the Project Control Group. Additionally, the proposal was referred to the Withers Advisory Committee meeting held on 13 November 2015, for its consideration and recommendation to publicly advertise the draft Withers LAP to the ordinary meeting of Council held on 8 December 2015. The draft Local Planning Policy: Withers Local Area Plan was internally referred to members of the City of Bunbury’s Development Coordination Unit (DCU) for professional advice and technical assessment prior to the finalisation of the draft Withers LAP document. Delegation of Authority The final draft Local Planning Policy: Withers Local Area Plan is referred to Council for its determination, as the making or amending of a local planning policy involves a statutory public advertising procedure, and hence, requires a decision of Council in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015.


10.5 Director Works and Services Reports 10.5.1 Closure of Slee Place Laneway and Construction of Footpath on Naturaliste Avenue

Applicant/Proponent: Withers Advisory Committee

Responsible Officer: Gavin Harris, Director Works and Services

Executive: Gavin Harris, Director Works and Services

Attachments: Appendix DWS-1: Proposed Footpath Location – Costello Street to Ocean Drive Appendix DWS-2: Schedule of Public Submissions – Petition to Close Public Access Way

Summary This report is required to endorse the Decision from the Withers Advisory Committee (WAC) meeting on 12 February 2016. The Withers Advisory Committee passed the amended Executive Recommendation, however in accordance with the Committee’s Delegated Authority any decision must have the unanimous support of the Elected Members appointed to the Committee in attendance at the meeting. Cr Miguel voted for the amended recommendation and Cr Hayward voted against the amended recommendation. Executive Recommendation That Council: 1. Endorse parts 1, 2 and 3 of the decision (6/16) of the Withers Advisory Committee:

WAC Decision 6/16 That the Withers Advisory Committee 1. Approve the formal closure of the access way by means of sale and amalgamation

including temporary closure whilst formal closure is being progressed through Council.

2. Fund the temporary closure of the laneway from budget available in PR-3435 Close

Laneways at a quoted cost of $2,640.00 by gating the laneway at entry points. 3. Approve $67,000 Construction of footpath on Naturaliste Avenue from Costello

Street to Ocean Drive.

2. Acknowledge part 4 of the decision (6/16) of the Withers Advisory Committee Decision:

4. Request the City of Bunbury consider funding the footpath in Naturaliste Avenue

from Costello Street to Lefroy Place.


and:

(a) Advise the Withers Advisory Committee that the City of Bunbury is unable to fund the footpath in Naturaliste Avenue from Costello Street to Lefroy Place within the current budget as the current focus of Council’s footpath programme is on upgrade and renewal of poor condition paths.

(b) Approve the construction of the footpath Naturaliste Avenue from Costello

Street to Lefroy Place at a cost $52,500 from within the Withers Reserve

Background Council received a petition to close the Public Access Way (PAW) in Slee Place due to anti-social behaviour. Council resolved to refer the petition to the WAC. The petition was referred to the Withers Advisory Committee meeting on 13 November 2015. The recommendation of Council Officers at the meeting was to install solar lighting to the laneway and monitor the incidence of anti-social behaviour prior to progressing to temporary or permanent closure. At the meeting the Withers Advisory Committee resolved to conduct public consultation regarding the closure of the laneway and Council officers prepared a report for the 12 February 2016 meeting. At the 12 February 2016 meeting the report was presented to the Committee recommending the laneway be closed and a footpath constructed on Naturaliste Avenue. The committee was advised of the four options below, option 4 being the Executive Recommendation. Option 1 The Laneway to remain open Option 2 1. Install solar lighting into the public access way to increase passive surveillance. 2. Approve $5,000 Supply and installation four solar lights Slee Place Laneway. Option 3 1. Approve the formal closure of the access way by means of sale and amalgamation including

temporary closure whilst formal closure is being progressed through Council. 2. Fund the temporary closure of the laneway from budget available in PR-3435 Close

Laneways at a quoted cost of $2,640.00 by gating the laneway at entry points. Option 4 1. Approve the formal closure of the access way by means of sale and amalgamation including

temporary closure whilst formal closure is being progressed through Council. 2. Fund the temporary closure of the laneway from budget available in PR-3435 Close

Laneways at a quoted cost of $2,640.00 by gating the laneway at entry points.


3. Approve $67,000 Construction of footpath on Naturaliste Avenue from Costello Street to

Ocean Drive. The Committee amended the Executive Recommendation adding point 4:- “4. Request the City of Bunbury consider funding the footpath in Naturaliste Avenue from

Costello Street to Lefroy Place.” The Committee endorsed the amended Executive Recommendation, however Cr Hayward voted against the motion. As the Elected Members at the meeting (Cr Hayward and Cr Miguel) did not unanimously support the motion, under Condition 5 of the Withers Advisory Committee delegated authority the decision must be referred to the Bunbury City Council for consideration. Council Policy Compliance Not applicable Legislative Compliance Section 52 of the Land Administration Act 1997 requires the City to enter into public consultation and advertise for a period of no less than 35 days. Section 87 of the Land Administration Act 1997 refers to the sale of Crown land for amalgamation with adjoining land and that the Department of Lands undertakes formal sale and conveyancing of the subject land. Officer Comments The report presented to the Withers Advisory Committee recommended that the laneway be closed and a footpath be constructed on Naturaliste Avenue, Usher as per the Proposed Footpath Location – Costello St to Ocean Drive plan attached at Appendix DWS-1. It was recommended that the footpath be constructed, as closing the Slee Place laneway would result in increased pedestrian and cycling traffic in Naturaliste Avenue. The use of the Slee Place laneway to access Ocean Drive offers a low traffic low speed alternative to Naturaliste Avenue which is considered to have a much higher traffic volume and speed of vehicles. Additionally feedback from the public at the meeting was that Naturaliste Avenue runs East to West which means depending on the time of day drivers can be driving into the sun making it difficult to see pedestrians/cyclists. It was considered that any persons who previously would have used the laneway would still have had to negotiate the Costello Street to Lefroy Place section of Naturaliste Avenue to get to the laneway, therefore the closure of the laneway would have no impact on people using that section of the street. Naturaliste Avenue is on the border of Withers and Usher, with one side of the street in Withers and the other in Usher. The footpath was recommended to be constructed on the Usher side as there was an estimated additional cost of $40,000 to construct it on Withers side due to the topography of that side of the road. The recommendation to proceed with closing the laneway was based on the petition received and the results of the public consultation. Three of the four property owners that adjoin the laneway responded that they wish to have the laneway closed due to anti-social behaviour. The


respondents who objected to the closure of the laneway were mainly due to the safe access it provides to Ocean Drive than to use Naturaliste Avenue. At the meeting the Executive Recommendation was amended to include the following:-

Request the City of Bunbury consider funding the footpath in Naturaliste Avenue from Costello Street to Lefroy Place.

It is estimated to construct the extension of the footpath from Costello Street to Lefroy Place would be $52,500 while constructing the footpath from Ocean Drive to Costello Street or $56,800 if the footpath was constructed at a later time. A review of the Long Term Financial Plan has a footpath for the length of Naturaliste Avenue programmed for 2022/23. At the present time Council is focussing on the upgrade and renewal of footpaths for poor condition paths and is not construction new footpaths this financial year unless funding is received from another source i.e. Withers Reserve or Regional Bicycle Network Funding. The 2015/2016 budget has been reviewed and there are no funds available for the extension of the footpath on Naturaliste Avenue (Costello Street to Lefroy Place) as requested by the Withers Advisory Committee. Analysis of Financial and Budget Implications There are sufficient funds in the Withers Reserve to fund the construction of footpath on Naturaliste Avenue (Costello Street to Ocean Drive) and the temporary closure of the Slee Place laneway.

2015/2016 Available funds including Withers Reserve $ 380,471

Less: Proposed Project: Construction of footpath on Naturaliste Avenue from Costello Street to Ocean Drive

$ 67,000

Balance of Withers Reserve $ 313,471

Council has received quotes for the temporary closure of the laneway and the construction of footpath as per below:

Temporarily close the laneway by gating the two entry points - Slee Place & Ocean Drive Supply & install 2 x 1800mm Black powdercoated Garrison gates. Total $2,640 – funded from PR- Install a new 2.0m wide footpath on Naturaliste Avenue from Construction of footpath on Naturaliste Avenue from Costello Street to Ocean Drive. Total $67,000

There are however no City of Bunbury funds available to fund the additional section of footpath on from Ocean Drive to Lefroy Place and it is therefore recommended that this be funded from within the Withers Reserve.

2015/2016 Available funds including Withers Reserve $ 380,471

Less: Proposed Project: Construction of footpath on Naturaliste Avenue from Ocean Drive to Lefroy Place

$ 119.500

Balance of Withers Reserve $ 260,971


Community Consultation In-line with the Withers Advisory Committee decision 26/15 the City engaged in public consultation from November 16, 2015 to January 15, 2016. A total of ten (10) written submissions were received during this period, with five (5) votes supporting the closure and five (5) votes objecting the closure. Three (3) of the four (4) adjoining property owners fully support the closure with the remaining residence being a rental property with no response being received from the owner. Several concerns regarding the proposed closure were received during the community consultation period, mainly in relation to the lack of footpaths on Naturaliste Avenue and connectivity to Ocean Drive. The summarised submissions have been compiled into a Schedule of Public Submissions - Petition to Close Public Access Way, which is attached at Appendix DWS-2. Service Providers have been consulted. Aqwest have identified to the City that there is an existing water main present. Registered easements with unrestricted access would be required. The City received no other comments or objections from the remaining Service Providers. The City of Bunbury has Stormwater Infrastructure located in the access way. Councillor/Officer Consultation The City of Bunbury Planning Department were consulted in regards to the proposed closure and made comment on the existing City of Bunbury drainage and Aqwest water mains requiring an easement. The Slee Place public access way does not form part of the Withers Local Area Plan.


11. Applications for Leave of Absence

12. Motions on Notice

No Motions on Notice had been received at the time of printing.

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

(a) a matter affecting an employee or employees; and Recommendation In accordance with section 5.23(a) 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 item titled “15.1.1 Chief Executive Officer Performance Review”.

15.1.1 Chief Executive Officer Performance Review

Applicant/Proponent: Internal

Author: Gary Brennan, Mayor


Attachments: Confidential Appendix CRUSC-2: Confidential Report

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

(a) a matter affecting an employee or employees; and A confidential report and recommendation has been circulated to members under separate cover (Confidential Report CRUSC-2). The report is not for circulation.

15.2 Public Reading of Resolutions that may be made Public

16. Closure

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