city of bunbury council notice of meeting and agenda 23 ... and... · notice of meeting and agenda...

CITY OF BUNBURY 4 Stephen Street

Bunbury WA 6230 Western Australia

Correspondence to: Post Office Box 21

Bunbury WA 6231

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

City of Bunbury Council Notice of Meeting and Agenda 23 June 2020

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

23 June 2020 Agenda – Council Meeting

1. Declaration of Opening / Announcements of Visitors ................................................................................ 6

2. Disclaimer .................................................................................................................................................... 7

3. Announcements from the Presiding Member ............................................................................................ 7

4. Attendance .................................................................................................................................................. 8

4.1 Apologies ............................................................................................................................... 8 4.2 Approved Leave of Absence .................................................................................................. 8

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

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

6.1 Public Question Time ............................................................................................................. 9 6.2 Responses to Public Questions Taken ‘On Notice’ ................................................................ 9

7. Confirmation of Previous Minutes and other Meetings under Clause 19.1 ............................................. 10

7.1 Minutes ................................................................................................................................ 10 7.1.1 Minutes – Ordinary Council Meeting .......................................................... 10 7.1.2 Minutes – Council Advisory Committees and Working/Project Groups ..... 10

8. Petitions, Presentations, Deputations and Delegations ........................................................................... 11

8.1 Petitions ............................................................................................................................... 11 8.2 Presentations ....................................................................................................................... 11 8.3 Deputations ......................................................................................................................... 11 8.4 Council Delegates’ Reports .................................................................................................. 11 8.5 Conference Delegates’ Reports ........................................................................................... 11

9. Method of Dealing with Agenda Business ................................................................................................ 11

10. Reports ...................................................................................................................................................... 12

10.1 Advisory Committee Reports ............................................................................................... 12 10.1.1 Statutory Annual Review of Delegations – 2019/20 ................................... 12 10.1.2 Review of Council Policy: Purchasing Policy ............................................... 15 10.1.3 Review of Council Policy: Tree Management ............................................. 17 10.1.4 Review of Council Policy: BRAG Trust ......................................................... 19 10.1.5 Review of Council Policy: BRAG Exhibitions ................................................ 22 10.1.6 Proposed New Council Policy: Temporary Appointment of CEO ................ 24 10.1.7 Proposed New Council Policies: Attendance at Events; and Professional Development of Council Members ........................................................................................ 26 10.1.8 Disability Access and Inclusion Committee – Amendment to Terms of Reference and Committee Structure .................................................................................. 29

10.2 Chief Executive Officer Reports ........................................................................................... 33 10.2.1 Communications and Engagement Strategy 2018-2022 Annual Progress Report 33

10.3 Director Strategy and Organisational Performance Reports ............................................... 38 10.3.1 Financial Management Report for the Period Ending 31 May 2020 .......... 38 10.3.2 Schedule of Accounts Paid for the 1 May 2020 to 31 May 2020 ................ 46 10.3.3 Write-Off of Outstanding Community Law & Safety and Environmental Health Infringements ............................................................................................................ 47


10.4 Director Sustainable Communities Reports ........................................................................ 49 10.4.1 Proposed Amendments to City of Bunbury Local Planning Strategy 2018 and Local Planning Scheme No. 8 for a Local Centre at Albert Road and Mervyn Street, Bunbury 49

10.5 Director Infrastructure Reports ........................................................................................... 55

11. Applications for Leave of Absence ............................................................................................................ 56

11.1 Request for Leave of Absence - Cr Brown ........................................................................... 56

12. Motions on Notice ..................................................................................................................................... 56

13. Questions on Notice .................................................................................................................................. 56

13.1 Response to Previous Questions from Members taken on Notice ..................................... 56 13.2 Questions from Members .................................................................................................... 56

14. New Business of an Urgent Nature Introduced by Decision of the Meeting ............................................ 56

15. Meeting Closed to Public .......................................................................................................................... 56

15.1 Matters for which the Meeting may be Closed ................................................................... 56 15.2 Public Reading of Resolutions that may be made Public .................................................... 56

16. Closure ....................................................................................................................................................... 56


Acknowledgement of Country

We acknowledge the Traditional Custodians of this land, the Wardandi Noongar people, and pay our respects to Elders past, present and future.

Vision

Bunbury: welcoming and full of opportunities.

Organisational Values

#WEARECOB

WE ARE COMMUNITY

We are one team We keep each other safe We display empathy and respect We have fun and celebrate our successes We work together to achieve great outcomes

WE ARE OPEN

We are open to opportunities We actively listen and think things through We are inclusive and treat everyone equally We are honest and open in our communications We are open to feedback to improve our performance

WE ARE BRAVE

We lead the change, we own it We trust and empower each other We have the difficult conversations early We hold ourselves to the highest standard We have the courage to improve and simplify


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.


City of Bunbury Council Notice of Meeting

In accordance with the Local Government (Administration) Regulations 1996, the next Ordinary Meeting of the City of Bunbury Council will be held in the Council Chambers, City of Bunbury Administration Building, 4 Stephen Street, Bunbury on Tuesday, 23 June 2020 at 5.30pm.

MJ (Mal) Osborne Chief Executive Officer (Date of Issue: 18 June 2020)

Agenda 23 June 2020

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 Jaysen Miguel Councillor James Hayward (via telephone see item 4) Councillor Michelle Steck Councillor Karen Steele Councillor Todd Brown Councillor Tresslyn Smith Councillor Betty McCleary Councillor Kris Plumb Councillor Amanda Yip Councillor Cheryl Kozisek Councillor Wendy Giles Councillor Karen Turner 1. Declaration of Opening / Announcements of Visitors


2. Disclaimer The City of Bunbury accepts no responsibility for any act, omission, statement or intimation that occurs during Council Briefings or Council Meetings. The City refuses liability for any loss caused arising out of reliance by any person or legal entity on any such act, omission, statement or intimation occurring during Council Briefings or Council Meetings. Any person or legal entity acting or failing to act in reliance upon any statement, act or omission made during a Council Briefing or Council Meeting does so at their own risk. Please note the recommendations contained in this document are not final and are subject to adoption, amendment (or otherwise) at the meeting. Any statement or intimation of approval regarding any planning or development application made during a Council Briefing or Council Meeting is not to be taken as notice of approval from the City. The City advises that anyone who has an application lodged with the City must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attached to the decision made by Council regarding the application. Copyright Any plans or documents contained within this Agenda and any associated Appendices are Copyright of the City of Bunbury. The content is protected by Australian and International copyright trademark. Content must not be modified or reproduced without written authorisation of the City of Bunbury. Recording and Webstreaming of Meetings • All Ordinary and Special Council Meetings are electronically recorded except when Council

resolves to go behind closed doors • All recordings are retained as part of the City’s records in accordance with the General

Disposal Authority for Local Government Records produced by the Public Records Office • The live stream can be accessed at http://www.bunbury.wa.gov.au/Pages/Live-

Stream.aspx • Recordings can be accessed at http://www.bunbury.wa.gov.au/Pages/Council-Meeting-

Videos-2020.aspx • Images of the public gallery are not included in the streaming, however the voices of

people in attendance may be captured and streamed. • If you have any issues or concerns regarding the live streaming and recording of meetings,

please contact the City’s Governance Officer on 9792 7273.

3. Announcements from the Presiding Member

http://www.bunbury.wa.gov.au/Pages/Live-Stream.aspx

http://www.bunbury.wa.gov.au/Pages/Live-Stream.aspx

http://www.bunbury.wa.gov.au/Pages/Council-Meeting-Videos-2020.aspx

http://www.bunbury.wa.gov.au/Pages/Council-Meeting-Videos-2020.aspx


4. Attendance Cr James Hayward is attending the meeting via telephone in accordance with Regulation 14C(2) of the Local Government (Administration) Regulations 1996, which reads: (2) A member of a council or committee may attend a meeting by electronic means if —

(a) a public health emergency or a state of emergency exists in the whole or a part of the area of the district of a local government; and

(b) because of the public health emergency or state of emergency, the member is unable, or considers it inappropriate, to be present in person at a meeting; and

(c) the member is authorised to attend the meeting by electronic means by — (i) the mayor; or (ii) the president; or (iii) the council.

Cr Hayward is currently in self-isolation as a result of the COVID19 public health emergency having recently returned from interstate. The Mayor has approved this arrangement in accordance with Regulation 2(c)(i).

4.1 Apologies

4.2 Approved Leave of Absence 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.” Mayor Brennan declared a Financial Interest in Item 10.4.1 ‘Proposed Amendments to City of Bunbury Local Planning Strategy 2018 and Local Planning Scheme No. 8 for a Local Centre at Albert Road and Mervyn Street, Bunbury’.


6. Public Question Time

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

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


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

7.1 Minutes

7.1.1 Minutes – Ordinary Council Meeting

The minutes of the Ordinary meeting of the City of Bunbury Council held on 9 June 2020 have been circulated. Recommendation The minutes of the Ordinary meeting of the City of Bunbury Council held 9 June 2020 be confirmed as a true and accurate record. Voting Requirement: Simple Majority Required

7.1.2 Minutes – Council Advisory Committees and Working/Project Groups

Applicant/Proponent: Internal Report Author: Various Executive: Various Authority/Discretion: ☐ Advocacy

☐ Executive/Strategic ☐ Legislative

☐ Review ☐ Quasi-Judicial ☒ Information Purposes

Attachments: Appendix MTBN-1: Disability Access and Inclusion Committee Meeting 27 May 2020 Appendix MTBN-2: Policy Review and Development Committee 4 June 2020

Summary The following Advisory Committee Meetings were held and the minutes are presented for noting: 1. Title: Disability Access and Inclusion Committee – Meeting 27 May 2020 Author: Liz Allan, Executive Research and Project Officer Appendix: MTBN-1 2. Title: Policy Review and Development Committee – 4 June 2020

Author: Greg Golinski, Manager Governance Appendix: MTBN-2

Council Committee Recommendation The following Advisory Committee meeting minutes listed in the report be accepted and noted: 1. Disability Access and Inclusion Committee – 27 May 2020 2. Policy Review and Development Committee – 4 June 2020 Voting Requirement: Simple Majority Required


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 Advisory Committee Reports 10.1.1 Statutory Annual Review of Delegations – 2019/20

File Ref: COB/374 Applicant/Proponent: Policy Review and Development Committee Responsible Officer: Leanne French Senior Governance and Risk Officer Responsible Manager: Greg Golinski Manager Governance Executive: Dave Chandler Director Strategic and Organisational Performance Authority/Discretion ☐ Advocacy

☒ Executive/Strategic ☒ Legislative

☐ Review ☐ Quasi-Judicial ☐ Information Purposes

Attachments: Appendix RAC-1: City of Bunbury Delegation Register Appendix RAC-2: Draft Instrument of Delegation 9.1.2 Grant of Development Approval Appendix RAC-3: Draft Instrument of Delegation 9.1.3 Grant of Approval for a Local Development Plan Appendix RAC-4: Draft Instrument of Delegation 9.1.4 Repair of existing Advertisements Appendix RAC-5: Draft Instrument of Delegation 4.1.4 Appoint Authorised Persons

Summary The purpose of this report is for the Committee to receive the annual review of delegations made under the Local Government Act 1995, Building Act 2011, Bush Fires Act 1954, Cat Act 2011, Dog Act 1976, Food Act 2008, Graffiti Vandalism Act 2016, Health (Miscellaneous Provisions) Act 1911, Planning and Development Act 2005, Public Health Act 2016, Health (Asbestos) Regulations 1992 and the Planning and Development (Local Planning Schemes) Regulations 2015. Committee Recommendation That Council:

1. Receives this report as the review of the delegations for the 2019/20 financial year pursuant to section 5.46(2) of the Local Government Act 1995, section 47(2) of the Cat Act 2011, section 10AB (2) of the Dog Act 1976.

2. Removes the condition on delegations 9.1.2 Grant of Development Approval, 9.1.3 Grant of Approval for a Local Development Plan and 9.1.4 Repair of existing Advertisements which states: Decisions made under this delegated authority are to be undertaken or informed by a person qualified in accordance with the eligibility requirements for corporate membership of the Planning Institute of Australia (PIA) and the Local Government Planners Association of Western Australia.

3. Removes the condition on delegation 4.1.4 Appoint Authorised Persons (Cat Act 2011) which states: Notices of decisions must include advice as to Objection and Review rights in accordance with Part 4, Division 5 of the Cat Act 2011.

Voting Requirements: Absolute Majority Required


Strategic Relevance Theme 4: Our City Goal: Civic Leadership, partnerships and sound governance in delivering with and

for the community. Objective 4.3: Trusted leadership and robust decision-making Regional Impact Statement Not applicable to this report. Background The Local Government Act 1995, Cat Act 2012 and the Dog Act 1976, require delegations to be reviewed by the Delegator at least once each financial year. This standard is applied to all delegations regardless of the Head of Power. Council last reviewed its delegations in their entirety on 11 December 2018. Therefore, this review is being conducted to ensure Council is compliant with the requirements of the applicable legislation. A copy of the Register, including any amendments made by Council since the last annual review is attached at Appendix RAC-1. Council Policy Compliance The City’s Management Policy Legislative Compliance applies. Legislative Compliance The following sections of legislation apply when delegating powers or duties to the Chief Executive Officer:

• section 5.42(1) of the Local Government Act 1995; • section 45 of the Cat Act 2011; • section 10AA of the Dog Act 1976; • section 16 of the Graffiti Vandalism Act 2016; • section 127 (1) and (3) of the Building Act 2011; • section 48 and 59(3) of the Bush Fires Act 1954; • section 118 of the Food Act 2008; • section 26 of the Health (Miscellaneous Provisions) Act 1911; • schedule 2, Clause 82 of the Planning and Development (Local Planning Schemes)

Regulations 2015; • section 21 of the Public Health Act 2016; and • regulation 15D(7) of the Health (Asbestos Regulations 1992)

Officer Comments As part of the review the City’s operational requirements, the volume of decisions under each statutory power or duty and the conditions and limitations integrated to mitigate risks and sensitivities of the decisions have been considered. The Executive Leadership Team have been involved in consultation regarding individual delegations.


Amendments to four delegations have been recommended. Draft versions of the proposed instrument of delegations are attached at Appendices RAC-2, RAC-3, RAC-4 and RAC-5, and include the following proposed changes: - 1. Remove a condition on Delegations 9.1.2 Grant of Development Approval, 9.1.3 Grant of

Approval for a Local Development Plan and 9.1.4 Repair of existing Advertisements.

The Head of Power for these delegations is the Planning and Development Act 2005.

The condition states: Decisions made under this delegated authority are to be undertaken or informed by a person qualified in accordance with the eligibility requirements for corporate membership of the Planning Institute of Australia (PIA) and the Local Government Planners Association of Western Australia.

Appropriate qualification requirements, where applicable, are established by regulation. Referencing professional associations that do not have a statutory role is not appropriate and subsequently this provision should not be included within the delegation conditions.

2. Remove a condition on Delegation 4.1.4 Appoint Authorised Persons. The Head of Power

for this delegation is the Cat Act 2011.

The condition states: Notices of decisions must include advice as to Objection and Review rights in accordance with Part 4, Division 5 of the Cat Act 2011.

The original condition was included in error and is not applicable to the function of this delegation.

This review does not propose any changes to Delegation 1.1.16 Defer, Grant Discounts, Waive or Write Off Debt, which was amended by Council at its meeting held 31 March 2020 (refer Decision 067/20) in response to the pandemic COVID-19. The CEO will present a subsequent review of this delegation direct to Council prior to 31 July 2020.

Analysis of Financial and Budget Implications Nil Community Consultation Nil Elected Member/Officer Consultation This matter is recommended to Council by the Policy Review and Development Committee. Timeline: Council Decision Implementation Any amendments to delegations apply immediately following Council resolving as such.


10.1.2 Review of Council Policy: Purchasing Policy

File Ref: COB/306 Applicant/Proponent: Policy Review and Development Committee Responsible Officer: Dave Russell, Manager Works Administration Responsible Manager: Dave Russell, Manager Works Administration Executive: Gavin Harris, Director Infrastructure Authority/Discretion ☐ Advocacy

☐ Executive/Strategic ☒ Legislative


Attachments: Appendix RAC-6: Revised Purchasing Policy Summary In April 2020, Part 4 of the Functions and General Regulations 1996 were amended that govern tendering of goods and services for Councils. This change requires that the Purchasing Council Policy is updated to reflect these changes and has also incorporated an additional minor change from the WALGA Purchasing Policy template (see Appendix RAC-6). Committee Recommendation That Council adopt the revised Purchasing Policy as presented. Voting Requirement: Simple Majority Strategic Relevance Theme 4 Our City Goal Civic leadership, partnerships and sound governance in delivering with and

for the community. Objective 4 A skilled organisation which exercises responsible asset stewardship, sound

financial management, and exemplary customer service. Regional Impact Statement There will not be any regional impact by endorsing the revised Policy. Background The Purchasing Council Policy is normally reviewed every two years, but due to a change in Part 4 of the Functions and General Regulations, 1996 the Policy is required to be updated to ensure consistency between policy and legislation. Council Policy Compliance This report facilitates the review of an existing Council Policy.


Legislative Compliance Council’s Purchasing Policy provides guidance in relation to the City’s procurement functions in accordance with the Local Government Act 1995 and Functions and General Regulations 1996. Officer Comments In April 2020, Part 4 of the Functions and General Regulations 1996 that govern the tendering of goods and services by Councils was updated. The proposed revised Purchasing Council Policy reflects these changes. In conjunction with the legislation, WALGA also updated their Council Purchasing Policy which has been the framework on which our own Policy has been based. The Policy is not currently due for its two- year review and only requires changes due to the legislation. The proposed revised Purchasing Council Policy has the following changes proposed as attached in the draft Policy.

1. Tender Threshold - The tendering threshold that stipulates when a tender must be invited has been increased from $150,000 to $250,000. This has largely been based on aligning with state government and for practicality of engaging contracts in a timelier manner. It should be noted that this does not decrease the instances that a tender would need to go to Council for endorsement, just the requirement of going to market.

2. Emergency Purchases – This has come about due to the COVID-19 crisis and allows local governments more agility in procuring in these circumstances to ensure that the goods and services can be procured promptly.

3. Purchasing from Aboriginal Businesses – There has been some minor wording change in legislation and updated template wording provided by WALGA in their Purchasing Policy template. The updating wording reflects the legislation, acknowledgement of purchasing from aboriginal business while still maintaining that the City demonstrates value for money in procuring any goods/services.

Analysis of Financial and Budget Implications Nil Community Consultation Nil – not required as aligns with updated legislation only. Elected Member/Officer Consultation This matter is recommended to Council by the Policy Review and Development Committee. Timeline: Council Decision Implementation Immediate. The legislation changes already overrides the Council Purchasing Policy in regard to tender thresholds and emergency purchases.


10.1.3 Review of Council Policy: Tree Management

File Ref: COB/306 Applicant/Proponent: Policy Review and Development Committee Responsible Officer: Kristy Tillett, Manager of Landscape and Open Space Responsible Manager: Kristy Tillett, Manager of Landscape and Open Space Executive: Gavin Harris, Director Infrastructure Authority/Discretion ☐ Advocacy

☒ Executive/Strategic ☐ Legislative


Attachments: Appendix RAC-7: Revised Council Policy: Tree Management Summary A review of existing Council Policy Tree Retention has been undertaken in line with Council’s biennial policy review schedule. The revised Tree Management Policy provides clear guidelines for the retention, maintenance and removal of trees within the City of Bunbury on land owned or managed by the City (see Appendix RAC-7). Committee Recommendation That Council adopt revised Council Policy Tree Management as presented. Voting Requirement: Simple Majority Strategic Relevance Theme 3: Our places and spaces Goal: A natural and built environment that reflects Bunbury’s core values Objective 3.1: A city that is easy to get around with attractive streetscapes and pathways Regional Impact Statement This policy applies only within the City of Bunbury. Background This Policy was last reviewed in May 2018 and is now due for its biennial review in accordance with the City’s biennial policy review schedule. Council Policy Compliance This report facilitates the review of an existing Council Policy. Legislative Compliance • Local Government Act 1995 • Environmental Protection Act 1986 • Aboriginal Heritage Act 1972


Officer Comments The responsible management of tree’s is vital to liveability within the City of Bunbury. The management of trees is often a contentious issue and it is therefore important to have a policy that provides parameters and criteria for aspects of tree management. The City spends considerable funds on its annual maintenance program and utilises qualified arborists who are required to prune in line with AS4373-2007 Pruning of amenity trees. The City has a duty to exercise reasonable care in the management of vegetation for which it is responsible, including verge trees, to avoid creating a hazard or allowing one to manifest. Under the Environmental Protection Act 1986, which is administered by the Department of Water and Environmental Regulation, a permit may be required to prune native vegetation. The City does not support residents pruning trees due to risk of injury to oneself and other residents, but also injury and spread of diseases to the tree and poor practice that could lead to weakening of the tree. The Committee have undertaken a review of the existing policy and propose some minor changes (see Appendix RAC-7), however these changes do not affect the broader intent of the Policy. Analysis of Financial and Budget Implications N/A Community Consultation N/A Councillor/Officer Consultation This report is recommended to Council by the Policy Review and Development Committee. Applicant Consultation N/A Timeline: Council Decision Implementation Once adopted by Council, any revisions to the Policy become effective immediately.


10.1.4 Review of Council Policy: BRAG Trust

File Ref: COB/306 Applicant/Proponent: Policy Review and Development Committee Responsible Officer: Joanne Baitz, BRAG Director Responsible Manager: Sharon Chapman, Manager Libraries and Cultural Development Executive: Dave Chandler, Director Strategy and Organisational Performance Authority/Discretion ☐ Advocacy



Attachments: APPENDIX RAC-8: Revised Council Policy: BRAG Trust Summary This report is presented to Council by the Policy Review and Development Committee to facilitate a review of existing Council Policy Bunbury Regional Art Gallery Trust. A copy of the revised policy is at Appendix RAC-8. Committee Recommendation That Council adopt revised Council Policy BRAG Trust as presented. Voting Requirement: Simple Majority Strategic Relevance Theme 1: Our Community and Culture Goal: A safe, healthy and cohesive community, with a rich cultural life and

supportive social environment. Objective 1.4: Arts, culture, heritage and events that enrich our understanding and

enjoyment of life, celebrate our identity and bring the community together Regional Impact Statement This policy applies only within the City of Bunbury. Background At the Council meeting held on 29 September 2015, Council resolved as follows (refer decision 336/15): That Council supports the establishment of an independent trust or foundation for the Bunbury Regional Art Galleries with the aim of seeking and maintaining funds for acquisition of art works for the City collection and support of the gallery. The Bunbury Regional Art Gallery Trust was established to receive the portable assets of the Bunbury Regional Art Gallery from the Bunbury Regional Arts Management Board (BRAMB) following the changeover in management from the Board to the City.


Legal advice obtained by the City in 2016 identified that the Bunbury Regional Art Gallery Trust can be also be used to receive gifts, bequests and donations specifically for the purposes of the City of Bunbury Art Collection and the programs and facilities of Bunbury Regional Art Gallery. Ultimately, the beneficiaries of the trust will be any and all benefactors providing a gift, bequest or donation to the BRAG under the terms of the trust deed. The trustee will be the City of Bunbury, with the CEO and Mayor being signatories to the trust deed. The proposed policy will also serve as a: “gift fund used and maintained only for the principle purpose of the fund, authority or institution” This is a requirement for obtaining Deductable Gift Recipient (DGR) status for the Bunbury Regional Art Gallery from the Australian Tax Office. The legal advice alluded to above confirms that the Trust Deed set up after the dissolution of the BRAMB is sufficient to meet the future needs for Gift Deductibility status for gifts, bequests and donations specifically for the purposes of the City of Bunbury Art Collection and the programs and facilities of Bunbury Regional Art Gallery. This Policy was adopted in 2017 and has not been reviewed since the finalisation of the BRAG Governance Review in 2019. Council Policy Compliance This report facilitates the review of an existing Council Policy. Legislative Compliance

• Income Tax Assessment Act 1997 Division 376 – Gifts or Contributions • Cultural Bequests Program Guidelines (no 1) 1997 • Cultural Bequests Program (Maximum Approval Amounts) Determination (No 1) 1997 • Australian Government’s Cultural Gifts Program • Copyright Act 1968 • Copyright Amendment (Moral Rights) Act 2000

Officer Comments The Committee have undertaken a review of the existing policy and propose some minor changes (attached at Appendix RAC-8), however these changes do not affect the broader intent of the Policy. Analysis of Financial and Budget Implications The establishment and promotion of the Bunbury Regional Art Gallery Trust is likely to encourage gifts, bequests and donations for the purposes of Bunbury Regional Art Galleries Trust which will augment funding provided by Council. Community Consultation N/A


Councillor/Officer Consultation The revised policy is presented to Council by the Committee for consideration. Applicant Consultation N/A Timeline: Council Decision Implementation Once adopted by Council, any revisions to the Policy become effective immediately.


10.1.5 Review of Council Policy: BRAG Exhibitions

File Ref: COB/306 Applicant/Proponent: Policy Review and Development Committee Responsible Officer: Joanne Baitz, BRAG Director Responsible Manager: Sharon Chapman, Manager Libraries and Cultural Development Executive: Dave Chandler, Director Strategy and Organisational Performance Authority/Discretion ☐ Advocacy



Attachments: Appendix RAC-9: Revised Council Policy: BRAG Exhibitions Summary This report is presented to Council by the Policy Review and Development Committee to facilitate a review of existing Council Policy Bunbury Regional Art Gallery Exhibitions. A copy of the revised policy is attached at Appendix 9. Committee Recommendation That Council adopt revised Council Policy BRAG Exhibitions as presented. Voting Requirement: Simple Majority Strategic Relevance Theme 1: Our Community and Culture Goal: A safe, healthy and cohesive community, with a rich cultural life and

supportive social environment. Objective 1.4: Arts, culture, heritage and events that enrich our understanding and

enjoyment of life, celebrate our identity and bring the community together Regional Impact Statement This policy applies only within the City of Bunbury. Background This Policy was adopted in May 2018 and is presented to Council by the Policy Review and Development Committee for its first review since adoption. The adoption of the existing policy incorporated an element of stakeholder consultation, with the then draft having been circulated to all artists and gallery stakeholders on the BRAG database for comment, as well as a forum being held to discuss any concerns. Council Policy Compliance This report facilitates the review of an existing Council Policy.


Legislative Compliance N/A Officer Comments To assist with budget planning and to provide transparency and consistency around BRAG programming decisions, it is considered appropriate to have such a policy in place. The existence of the policy has enabled alignment and consistency with the City’s current processes and procedures as well as professional art museum standards. The Committee have undertaken a review of the existing policy and propose some minor changes (attached at Appendix RAC-9), however these changes do not affect the broader intent of the Policy. Analysis of Financial and Budget Implications Nil. Community Consultation Nil Councillor/Officer Consultation The revised policy is presented to Council by the Committee for consideration. Applicant Consultation N/A Timeline: Council Decision Implementation Once adopted by Council, any revisions to the Policy become effective immediately.


10.1.6 Proposed New Council Policy: Temporary Appointment of CEO

File Ref: COB/306 Applicant/Proponent: Policy Review and Development Committee Responsible Officer: Greg Golinski, Manager Governance Responsible Manager: Odetta Robertson, Manager People and Safety Executive: Dave Chandler, Director Strategy and Organisational Performance

Mal Osborne, Chief Executive Officer Authority/Discretion ☐ Advocacy



Attachments: Appendix RAC-10: Proposed New Policy Temporary Appointment of CEO

Summary This report is presented to the Policy Review and Development Committee for the consideration of a new Council Policy regarding the temporary appointment of a Chief Executive Officer for the City of Bunbury (Acting CEO). A copy of the proposed policy is attached at Appendix RAC-10. Committee Recommendation That Council adopt new Council Policy Temporary Appointment of CEO as presented and note that this supersedes the existing Management Policy titled Acting Chief Executive Officer. Voting Requirement: Absolute Majority Strategic Relevance Theme 4: Our City Goal: Civic leadership, partnerships and sound governance in delivering with and

for the community. Objective 4.3: Trusted leadership and robust decision-making. Regional Impact Statement This policy applies only to the City of Bunbury. Background Section 5.36 of the Local Government Act 1995 (the Act) requires a local government to employ a CEO and such other persons as the Council believes are necessary to enable the functions of the local government and the functions of the Council to be performed. Section 5.39 (1a) of the Act states that an employee may act in the position of a CEO or a senior employee for a term not exceeding one year without a written contract for the position in which he or she is acting. New section 5.39(C) of the Local Government Legislation Amendment Act 2019 requires that a local government must prepare and adopt by an absolute majority a policy that sets out the process to be followed by the local government in relation to the employment of a person in the position of


CEO for a term not exceeding 1 year; and the appointment of an employee to act in the position of CEO for a term not exceeding 1 year. The City has an existing Management Policy (formerly known as a Corporate Guideline) in this regard, however the new provisions require such a policy to be adopted by Council as a Council Policy by an absolute majority. Council Policy Compliance This report proposed the adoption of a new Council Policy. Legislative Compliance N/A Officer Comments The proposed policy will enable the City to meet its compliance obligations in accordance with the Local Government Legislation Amendment Act 2019, noting that Regulations are yet to be drafted that may require the policy to be amended in future. Analysis of Financial and Budget Implications Nil. Community Consultation Nil Councillor/Officer Consultation The revised policy is presented to Council by the Committee for consideration. Applicant Consultation N/A Timeline: Council Decision Implementation Once adopted by Council, the Policy become effective immediately.


10.1.7 Proposed New Council Policies: Attendance at Events; and Professional Development of Council Members

File Ref: COB/306 Applicant/Proponent: Policy Review and Development Committee Responsible Officer: Greg Golinski, Manager Governance Responsible Manager: Greg Golinski, Manager Governance Executive: Dave Chandler, Director Strategy and Organisational Performance

Mal Osborne, Chief Executive Officer Authority/Discretion ☐ Advocacy



Attachments: Appendix RAC-11: Existing Council Policy Conferences, Seminars, Training and Induction Courses APPENDIX RAC-12: Proposed New Policy Attendance at Events APPENDIX RAC-13: Proposed New Policy Professional Development of Council Members

Summary This report is presented to Council by the Policy Review and Development Committee for the consideration of 2 new Council Policies required by legislation, being a policy regarding Elected Member and CEO attendance at events; and a policy regarding the ongoing professional development of Elected Members. Council’s existing policy Conferences, Seminars, Training and Induction Courses loosely relates to the requirements of the new policies, however for absolute clarity it is recommended that the existing policy be revoked and two new policies adopted in this regard. Existing policy Conferences, Seminars, Training and Induction Courses is attached at Appendix RAC-11, and the two proposed new Council policies Attendance at Events and Professional Development of Council Members are attached at Appendices RAC-12 and RAC-13 respectively. Committee Recommendation That Council: 1. Revoke existing Council Policy Conferences, Seminars, Training and Induction Courses. 2. Adopt new Council Policy Attendance at Events as presented. 3. Adopt new Council Policy Professional Development of Council Members as presented. Voting Requirement: Absolute Majority for points 2 and 3. Strategic Relevance Theme 4: Our City Goal: Civic leadership, partnerships and sound governance in delivering with and

for the community. Objective 4.3: Trusted leadership and robust decision-making.


Regional Impact Statement These policies apply only to the City of Bunbury. Background The Local Government Legislation Amendment Act 2019 requires a local government to have in place: 1. A policy that deals with matters relating to the attendance of Council Members and the

CEO at events (s. 5.90A(2)); and 2. A policy in relation to the continuing professional development of Council Members (s.

5.128). Council’s existing policy Conferences, Seminars, Training and Induction Courses broadly touches on the relevant parameters of each of the 2 requisite policies listed above. Council Policy Compliance This report proposed the adoption of new Council policies. Legislative Compliance These new policies are required pursuant to sections 5.90A(2) and 5.128 of the Local Government Legislation Amendment Act 2019. Officer Comments The proposed policies will enable the City to meet its compliance obligations in accordance with the Local Government Legislation Amendment Act 2019. Although Council’s existing policy Conferences, Seminars, Training and Induction Courses broadly touches on the relevant parameters of each of the 2 requisite policies, it is suggested that new policies be adopted in this regard to ensure absolute clarity regarding Council’s position in this regard. Furthermore, the 2 new policies are required to be adopted by an absolute majority of Council in accordance with the Local Government Legislation Amendment Act 2019. Discussions with the City’s external auditors during their interim audit visit also highlighted that best practice would be to have separate policies in this regard, each dealing with the individual sections of the Act (5.90A(2) and 5.128). At the Council Meeting held 17 March 2020, Council deferred (refer decision 55/20) consideration of amendments to the Conferences, Seminars, Training and Induction Courses policy until the release of policy templates in this regard by the Department of Local Government, Sports and Cultural Industries. The Department has now released an Attendance at Events Policy Template, which officers have used as a guide in developing a Policy applicable to the City of Bunbury.

Accordingly Officers have prepared draft policies (attached) for consideration. Appendix RAC-12 contains a draft Attendance at Events policy, and Appendix RAC-13 a draft Professional Development of Council Members policy.


The purpose of the Attendance at Events Policy is for: • Council to actively consider the purpose of and benefits to the community from council

members attending events. • To provide a framework for the acceptance of invitations to such events. • To clarify who pays for tickets to events. • To provide transparency to the community on the acceptance of tickets to events. The purpose of the Continuing Professional Development Policy is for Council to actively consider development opportunities for each Elected Member and a statement of the extent of payment by the City, whilst considering the strategic direction of the City, skills gaps among the Council as a whole and the needs of individual councillors. The relevant elements of existing policy Conferences, Seminars, Training and Induction Courses have been included in the new policy. These policies were developed taking into consideration the legislative requirements of the Local Government Legislation Amendment Act 2019, and best practice in consultation with other local governments in WA. It is therefore recommended that the 2 new policies be adopted and the existing policy Conferences, Seminars, Training and Induction Courses revoked. Analysis of Financial and Budget Implications Any financial implications of these policies are covered within the documents themselves. Community Consultation Nil Councillor/Officer Consultation These policies are presented to Council by the Committee for consideration. Applicant Consultation N/A Timeline: Council Decision Implementation Once adopted by Council, any new policies become effective immediately.


10.1.8 Disability Access and Inclusion Committee – Amendment to Terms of Reference and Committee Structure

File Ref: COB/1772 Applicant/Proponent: Disability Access and Inclusion Committee Responsible Officer: Liz Allan, Executive Research and Project Officer Responsible Manager: Kerry Shaw, Acting Manager People and Place Executive: Gary Barbour, Director Sustainable Communities Authority/Discretion ☐ Advocacy


☒ Review ☐ Quasi-Judicial ☐ Information Purposes

Attachments: Appendix RAC-14: Terms of Reference

Summary

The purpose of this report is for Council to consider making some amendments to the Terms of Reference (ToR) of the Disability Access and Inclusion Committee DAIC following the 2019 Local Government Elections. This takes into account the formal DAIC and associated informal Disability Access and Inclusion Reference Group (DAIRG) as well as the Co-Design Access Panel (CoDAP) which was introduced in July 2019 which will impact on the review. Disability Access and Inclusion Committee Recommendation That Council:

1. Note the intent to disband the Disability Access and Inclusion Reference Group as the Co-Design Action Panel has now been introduced.

2. Endorse the amendment of the Terms of Reference as follows:

1. Committee Membership Composition be amended to reflect: a) Removal of the Executive Leadership Team, retaining the CEO or his

representative; b) Two Elected Members (instead of three); and c) One Service Provider Member.

2. Point 5 of the Terms of Reference be amended through replacing “…review any reports provided by the Disability Access and Inclusion Reference Group…” with “…review any reports provided by the Co-Design Access Panel…”

3. Endorse advertising for a Service Provider voting position on the Disability Access and

Inclusion Committee, the outcome of which is to be referred to Council. Voting Requirement: Simple Majority Required Strategic Relevance Theme 1: Our community and culture Goal: A safe, healthy and cohesive community, with a rich cultural life, and

supportive social environment Objective 1.5: Establish Bunbury as the Most Accessible Regional City in Australia by 2020


Regional Impact Statement The Disability Access and Inclusion Committee provides opportunity for community members to make a contribution in decisions that benefit Bunbury, through input on the provision of accessible and inclusive facilities, open spaces, programs and services. This ensures that Bunbury is welcoming and inclusive for all who visit and live in the Bunbury Geographe Region. Background The Community Access Committee (CAC) structure was reviewed in 2017. The CAC consisted of 10 community representative member positions and two elected member positions and met on a bi-monthly basis. The review found that the CAC members sometimes found the formality of a Committee too restrictive and it didn’t allow for free-flowing discussion around general access and inclusion issues. To ensure continuity and allow for recommendations to continue to be considered by Council, it was recommended that he Committee be renamed the Committee to the Disability Access and Inclusion Committee and the membership be changed to consist of the Executive Leadership Team, three elected members and three community representatives who would meet quarterly and have a strategic focus around the Disability Access and Inclusion Plan (DAIP) and the Most Accessible Regional City in Australia (MARCIA) activities and initiatives as outlined in the Strategic Community Plan. A review of the Terms of Reference resulted in changes to reflect the new more strategic focus. In addition to the DAIC, it was also recommended to introduce an informal Disability Access and Inclusion Reference Group (DAIRG) to provide a space for community members to have open discussion around access and inclusion projects and ideas. The DAIRG was set up to have bi-monthly meetings with no set membership limit. More recently DAIRG attendance and membership has dropped off which has meant smaller meetings and less engagement and consultation on projects. The CoDAP came into effect in July 2019 and this Panel has taken on the role of collaboration and consultation on City projects, which has lessened the role of the DAIRG. With the introduction of the CoDAP there are now three disability access and inclusion groups meeting, which has had an impact on staff resources. It is now recommended that the attendance of the Executive Leadership Team no-longer be required and that the CEO or his representative be the voting member on the Committee to allow for Directors to attend on behalf of the CEO where required and relevant. Following Council elections held in October 2019 there was only one elected member nomination for DAIC despite the Terms of Reference requiring three Elected Member voting members. In accordance with the Terms of Reference, another two elected members were required on the DAIC. At the Ordinary Meeting of Council held 4 February 2020 Council decided (028/20) to appoint Cr Steck to the Disability Access and Inclusion Committee. This still left a third elected member position vacant The DAIC has now reviewed the Terms of Reference of the Committee and suggest the amendments as outlined in the Executive Recommendation.


Council Policy Compliance There is no Council Policy applicable to this report. Legislative Compliance Disability Services Act 1993 (amended 2004) Local Government Act 1995 Officer Comments The trial of a reference group, to have who could be called upon to consult and workshop projects in an informal non-restrictive format, worked to a certain extent, with the DAIRG being instrumental in the design to improve the UAT at the BREC as well as the beach matting at Koombana. With the introduction of the CoDAP the need for, and function of the DAIRG has diminished and staff capacity to facilitate and deliver on outcomes resulting from the three groups is not an effective use of time or resources. A consolidated approach would result in staff time saved and increased efficiency. City Officers recognise that a number of members sit across the DAIRG, DAIC and CoDAP simultaneously and in respect of volunteer time a more consolidated approach would improve engagement and attendance of members. With the introduction of the CoDAP, it is felt that the best way forward would be to disband the DAIRG and increase the frequency of DAIC meetings bi-monthly with the provision of space for informal discussions/workshops after each Committee meeting. In accordance with these proposed changes point five of the DAIC Terms of Reference will need to be amended from ‘reviewing DAIRG reports’ to ‘reviewing CoDAP reports.’ It is now recommended that one elected member position which has not been filled be removed from the committee membership composition and that this be replaced by a service provider position. It is also felt that the Executive can be adequately represented through the CEO or his representative and this representative can change depending on the items on the Agenda. It is therefore recommended that the Terms of Reference be amended to remove the Executive Leadership Team other than the CEO and note that the CEO can choose to send his representative as required. Analysis of Financial and Budget Implications There are no financial or budgetary implications impacting from the recommendations of this report. Advertising will take place through existing operational budgets. Community Consultation Not applicable Councillor/Officer Consultation Not applicable.


Applicant Consultation Not applicable Timeline: Council Decision Implementation Amendments to the Terms of Reference will be immediate. Advertising will occur for the Service Provider Member once Council has endorsed the Terms of Reference.


10.2 Chief Executive Officer Reports 10.2.1 Communications and Engagement Strategy 2018-2022 Annual Progress Report

File Ref: COB/2804 Applicant/Proponent: Internal Responsible Officer: Brody Russell, Team Leader Public Relations Responsible Manager: N/A Executive: Mal Osborne, Chief Executive Officer Authority/Discretion ☐ Advocacy



Attachments: Appendix CEO-1: Communications and Engagement Strategy Annual Progress Report Appendix CEO-2: Communications Engagement Strategy 2018-2022

Summary The purpose of this report is to present Council with the annual progress report for the City’s Communications and Engagement Strategy 2018-2022. Executive Recommendation That Council:

1) Note the Communications and Engagement Strategy 2018-2022 Annual Progress Report as presented;

2) Note the Chief Executive Officer will present the next Communications and Engagement Strategy 2018-2022 Annual Progress Report in May 2021.

Voting Requirement: Simple Majority Strategic Relevance Theme 4 Our City Goal Civic leadership, partnerships and sound governance in delivering with and

for the community Objective 4.2 A highly-engaged and involved community, working together on strategy

development and implementation

Regional Impact Statement Not a direct regional impact however further advancement of the City’s communication methods and development of the City’s reputation can continue to position Bunbury as a vibrant, progressive and welcoming regional centre to residents, business, investors and visitors.


Background The Communications and Engagement Strategy 2018-2022 was originally received by Council at its meeting dated 16 October 2018. An inaugural progress report was received by Council on 30 April 2019, where the CEO was also requested to continue to provide annual progress reports in relation to the Strategy (refer Council Decision 110/19). Attached at Appendix CEO-1 is the Annual Progress Report detailing work undertaken to date in addressing each Action in the Strategy’s Action Plan. Council Policy Compliance Not applicable. Legislative Compliance Not applicable. Officer Comments Following the release of the MARKYT Community Scorecard results in mid-2019 and in assessing the City’s strategic objectives and upcoming projects the following communication priorities were identified by the Public Relations team and endorsed by the Executive team in August 2019:

• Bunbury City Centre • Economic development • Playgrounds, parks and reserves • Footpaths and cycleways • Parking • Safety and security • Waterfront development

The 2019 MARKYT Scorecard identified that overall the local community was better informed about what’s happening in the local area (including local issues, events, services and facilities) in 2019 compared to the previous Scorecard results in 2017 (54 index points up from 51).

It was noted that the implementation of the Bunbury Promotional Strategy PR-4771 would be a key project in raising community perception and a driver of a consistent brand message for Bunbury. The City has since engaged leading creative agency Marketforce to partner in 2020 to develop a long-term promotional strategy for Bunbury. This project directly relates to Brand Development objectives within the strategy’s action items:

• Develop an overarching brand strategy for the City of Bunbury • Create a brand story to build emotional connections and strengthen the City’s reputation • Ensure the City’s visual identity is consistent to brand style guidelines

This work is about establishing what is real, meaningful and different about Bunbury. The promotional strategy will aim to tell Bunbury’s story and develop campaigns that reflect the community - creating consistent, positive messages about all that Bunbury has to offer.


In addition to substantial market research and analysis of existing City data and strategic work, the City and Marketforce engaged key stakeholders and community members to help uncover and investigate their insights into Bunbury during workshops held in February 2020. Campaigns highlighting Bunbury’s liveability and telling local stories to re-establish community pride and develop local brand ambassadors has been identified as the first objective for the 2020/21 period. The City continuing to drive and foster those local brand ambassadors will be necessary to guide the long-term promotion of Bunbury as a place to live, invest and visit. Following the completion of the Bunbury Promotional Strategy, it is intended that this guiding document as well as the most recent MARKYT Community Scorecard and annual Corporate Business Plan be used to drive the City’s annual public relations activities.

In terms of engagement, the City continues to engage with the community daily through ‘informing’ engagement tools including social media, corporate website, media statements and announcements, print media, newsletters, public advertising and direct mail. The City is undertaking community engagement activities at a ‘consult’ level regularly with projects and activities resulting from community feedback to help guide decision making. Larger projects such as the Youth Precinct project have been a collaboration between the City, community groups and the community at large with multiple rounds of engagement (back and forth). The Bunbury Youth Precinct project has demonstrated best practice in collaborative community engagement from the outset. Starting with the site selection in 2018, public participation was a critical part of the development of the Youth Precinct concept design endorsed by Council in December 2019 (Council Decision 347.19 Youth Precinct concept design 10.12.19). The City appointed creative space designers and consultants Playce in August 2019 to develop a concept design for the Youth Precinct that reflected the community’s wants and needs through extensive community engagement. Key stakeholder groups included the Bunbury Youth Advisory Council (YAC), Bunbury Co-Design and Access Panel (CoDAP), skaters, BMX and parkour, schools and nearby residents. The Youth Precinct has been a true co-design project with significant input from the City’s CoDAP, a group of people with a lived experience of disability and industry professionals who assist the City with the design of its facilities and open spaces. This engagement process included more than 700 people with ages ranging from five to 60 during September and October 2019. Community workshops, online surveys, pop-up/drop-in venues and stakeholder-specific workshops were held to ensure all members of the public had the opportunity to contribute to the project. Further involvement of the CoDAP in key City projects will continue in 2020/21. The City continues to engage with the community in the areas of youth, disability and access, seniors and crime prevention and safety through the Community Partnerships team. Activities include recent sold out Unleashed youth programs over the school holidays, age-friendly communities programs, Safer Communities Network and recent Neighbourhood Barbecues.


The Community Partnerships team is also undertaking stakeholder engagement to inform decision making with regards to actions outlined in the Reconciliation Action Plan. Prior to the restrictions imposed as a result of the COVID-19 pandemic, the City of Bunbury hosted its first community Street Meet in East Bunbury in February. About 40 residents took the opportunity to meet with City staff and councillors to discuss current and future projects. More recently, the City’s Public Relations team has had to adapt to the recent COVID-19 pandemic with the increased demand for timely and relevant information from City staff and the wider community. As a result, since March this year in response to COVID-19 there has been significant advancements in the City’s internal communication channels. The introduction of Microsoft Teams has given staff the ability to work and communicate remotely during the pandemic and this tool will be further developed for staff engagement into the future. The Public Relations team has also recently introduced a staff engagement portal through Social Pinpoint giving all staff the opportunity to share thoughts and ideas on the City’s relief and recovery efforts during COVID-19. Weekly CEO videos are also being developed by the team as a way of broader communication and information flow between all staff. The team also provided daily community updates through this period via social media channels with the most up-to-date information and relevant health advice. In January 2020 the Public Relations team appointed a Media and Engagement Officer initially in casual position to assist with the additional scope of work being undertaken by the team. This allowed for the re-allocation of existing resources to the areas of internal communication, social media management and content creation. The City’s Information, Communication and Technology (ICT) department is continuing to implement several new systems across the organisation which will meet objectives contained within the Communications & Engagement Strategy 2018 – 2022. These include:

• Further advancements to the Microsoft Teams platform to assist with internal communication across the City;

• Corporate Intranet developments and future Employee Kiosk; • Transformation of the City’s Digital Services Platform and websites (out for tender)

Key achievements from April 2019 to April 2020; both relating to the Strategy and to the City’s Public Relations in general; include the following:

• The team’s role as Public Information Officers during the recent COVID-19 pandemic; • ‘Support Local’ campaigns and messaging during recent COVID-19 pandemic; • Rollout of internal communications including weekly updates, video content, Microsoft

Teams and a staff engagement hub; • Instigation of the Bunbury Promotional Strategy project with community and stakeholder

workshops; • Assisting with first Community Street Meet in February; • Rollout of Public Relations inductions as part of the City’s staff re-induction program; • 10% increase in Facebook likes from 14,747 in April 2019 to 16,259 as of April 2020; • 38% increase in Instagram follows from 3,388 in April 2019 to 4,629 as of April 2020;


• Reinstatement of the City’s LinkedIn (3,380 followers) and Twitter pages (1,329 followers); • The City’s Facebook page consistently being rated as a top weekly LGA Facebook page in

terms of engagement (for example in the 28-period beginning with the onset of the COVID-19 pandemic the City’s page reached just short of 100,000 people with its community messages and engaged just short of 50,00 people)

Key goals for the team from April 2020 to April 2021 include the following:

• Development and rollout of campaigns developed in alignment with the Bunbury Promotional Strategy;

• Refining communication channels to align with target audiences; • Continue to develop and deliver video content across the City’s communication channels; • Place marketing initiatives in line with future campaigns; • Build stronger relationships with local businesses and key stakeholders through the

implementation of buy local and support local campaigns; • Assist City facilities to develop and implement consistent messages to promote Bunbury; • Continue the rollout of Public Relations refresher training and inductions for existing staff; • Continue to advance the rollout of the City’s internal communication channels in

association with the ICT team such as Microsoft Teams; • Align communication with City’s cultural journey; • Assist with the content development and direction of the City’s new corporate website

along with the Information, Communication and Technology department. Analysis of Financial and Budget Implications Budget implications relating to the implementation of actions noted in the progress report are expenses relating to the Bunbury Promotional Strategy PR-4771 and the work being undertaken by creative agency MarketForce. All other actions have been undertaken utilising existing base operating budgets. Community Consultation Not applicable. Councillor/Officer Consultation The City’s Public Relations, Community Partnerships and Information, Communication and Technology teams have been consulted in the preparation of this report, which is now presented to Council for information Applicant Consultation Not applicable. Timeline: Council Decision Implementation The Communications & Engagement Strategy encompasses actions from 2018 – 2022. As detailed in the Executive Recommendation it is proposed that the next Annual Progress Report be presented to Council in May 2021 with further updates on all ongoing and future actions.


10.3 Director Strategy and Organisational Performance Reports 10.3.1 Financial Management Report for the Period Ending 31 May 2020

File Ref: COB/1642 Applicant/Proponent: Internal Report Responsible Officer: David Ransom, Manager Finance Responsible Manager: David Ransom, Manager Finance Executive: Dave Chandler, Director Strategy and Organisational Performance Authority/Discretion ☐ Advocacy



Attachments: Appendix DSOP-1: Statement of Comprehensive Income Appendix DSOP-2: Statement of Financial Activity Appendix DSOP-3: Statement of Net Current Assets Appendix DSOP-4: Statement of Financial Position Appendix DSOP-5: Capital Projects Expenditure Summary Appendix DSOP-6: Operating Projects Expenditure Summary Appendix DSOP-7: Monthly Community Financial Report

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

Actual Financial Performance to 31 May 2020 (refer explanations within the report) - Actual income of $57.61M is $148K more than the year-to-date budgeted income

of $57.46M. - Actual expenditure of $55.54M is $4.72M less than the year-to-date budgeted

expenditure of $60.26M. - Actual operating surplus of $2.07M is $4.87M more than the year-to-date

budgeted operating deficit of $2.80M. 2. Statement of Financial Activity (attached at Appendix DSOP-2)

Closing Funding Surplus to 30 June 2020 is forecast at $269K after adjusting for $859K of Federal Grants received in advance for 2020/21. This is $189K more than the Current Budget Closing funding $80K. The end of year forecast is changing quite regularly as the impacts from the COVID-19 pandemic situation are being assessed.

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

The City’s year-to-date actuals and end of financial year (F/Y) forecast balances are as follows: Year-to-date F/Y Forecast * Current Assets of $43.51M includes:

- Cash and Investments $41.15M $23.70M - Rates Receivable $1.06M $1.41M - Other Current Assets $1.30M $1.59M


* Current Liabilities of $7.94M includes:

- Trade and Other Payables $1.47M $4.12M - Annual Leave and LSL Provisions $4.14M $4.26M

* Working Capital

(Current Assets less Current Liabilities) $35.58M $16.02M * Equity

(Total Assets less Total Liabilities) $575.71M $566.73M 4. Capital Works (attached at Appendix DSOP-5)

- Actual capital works of $14.26M is $9.09M less than the year-to-date budgeted capital works of $23.35M, (refer explanation within report).

- The progress of capital works is monitored on a monthly basis and any uncompleted projects identified to be carried forward to the 2020/21 budget will be noted in future financial reports.

- Capital works include a combination of funding sources including municipal, reserve and grant funds.

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

- Actual operating project expenditure of $4.12M is $2.33M less than the year-to-date budgeted operating project expenditure of $6.45M.

- Operating projects include a combination of funding sources including municipal, reserve and grant funds.

Executive Recommendation The Financial Management Report for the period ending 31 May 2020 be received. Strategic Relevance Theme 4: Our City. Goal: Civic leadership, partnerships and sound governance in delivering with and

for the community. Objective No.4.4: A skilled organisation, which exercises responsible asset stewardship,

sound financial management, and exemplary customer service. Background A financial management report is provided to Councillors on a monthly basis which includes the following summaries: - Statement of Comprehensive Income (attached at Appendix DSOP-1) - Statement of Financial Activity (attached at Appendix DSOP-2) - Statement of Net Current Assets (attached at Appendix DSOP-3) - Statement of Financial Position (attached at Appendix DSOP-4) - Capital Projects Expenditure Summary (attached at Appendix DSOP-5) - Operating Projects Summary (attached at Appendix DSOP-6) - Monthly Community Financial Report (attached at Appendix DSOP-7)


These summaries include end-of-year forecasts based on a monthly review of year-to-date income and expenditure for all accounts. Council Policy Compliance Not applicable. Legislative Compliance In accordance with the provisions of Section 6.4 of the Local Government Act 1995 and Regulation 34 (1) of the Local Government (Financial Management) Regulations 1996, a Local Government is to prepare each month a Statement of Financial Activity (attached at Appendix DSOP-2) reporting on the revenue and expenditure as set out in the annual budget under Regulations 22 (1) (d) for this month. At the Special Council Meeting 25 June 2019, Council adopted that a variance between actual and budget-to-date of greater than or equal to 10% and $25,000 is considered to be a material variance for reporting purposes in the Statement of Financial Activity for 2019/20.

Officer Comments

Due to the COVID-19 restrictions the City has had to force the closure of community facilities and has also agreed to provide the community and businesses with selected, fee, lease and interest income relief. An Initial assessment has been conducted for the anticipated impact on the City’s revenue and expenditure. The City’s income is anticipated to reduce with the expectation that the majority of income will be received is from Grants, Contributions, Reimbursements and interest on investments. Fees and Charges are impacted significantly with the expectation we will not receive $1.41M. This is mainly due to a reduction in Sports facility fees, charges and memberships, paid parking, selected commercial leases, outdoor eating fees and new street trading licences. Expenditure is also anticipated to reduce with a reduction seen in employee costs (mostly seen from a reduction in casual employees, uniform allowances and staff training), capital expenditure and operating materials and contracts. Staff have assessed budgets and have provided reductions based on facility closures, state and federal restrictions and where projects can be deferred to a later date. End of year forecast adjustments have been made for the above and were included in the June 2020 Budget Review. The Operating Income, Operating Expenditure and Capital Expenditure graphs provide an overview on how the actual income/expenditure is tracking to budget and the previous financial year. Comments are provided on each graph regarding the current financial position.


The following is an explanation of significant Operating and Capital variances identified in the Statement of Financial Activity. Please refer to appendix DSOP-5 and DSOP-6 for more detailed information regarding projects:

Statement of Financial Activity YTD Actual to Budget Variance

Operating Revenue Grants and Subsidies – Favourable year-to-date variance mainly due to the Federal Government providing Local Governments with an advance payment of the 2020/21 Federal Assistance Grants. An end of year adjustment has been made.

$892,646 35%

Contributions, Reimbursements and Donations – Favourable year-to-date variance mainly due an insurance reimbursement received for the South West Sports centre pool repairs of $283K. An end of year adjustment has been made.

$239,164 23%

Operating Expenditure Materials and Contracts – Favourable year-to-date variance mainly due to the following variances: Contractors Expense– Variance of $2.39M due to the timing of multiple projects including the following:

PR-4588 - Dredging of Pelican Point Grand Canals - $575K PR-4773 - Implement CBD Action Plan - $496K PR-3665 - Koombana Bridge general maintenance - $236K PR-4268 - Renewable energy efficient projects - $236K PR-4249 - Implement Economic Development Strategy - $115K

$3,707,792 23%


PR-4789 - Connect with Asia - $66K Operate and maintain parking meters - $63K PR-4797 - Prepare Airport Development Plan - $54K Administer council properties - $47K Collect household organic waste - $47K PR-4327 - Regional Tourism Strategy Implementation -$41K Prepare and review emergency management plan - $30K PR-4334 - Regional Tourism infrastructure design - $28K Maintain turf surfaces (non-sporting) - $26K Maintain drainage basins - $25K

Consultants Expense – Variance of $676K due to the timing of multiple projects including the following:

Condition Assessments and Valuations - $80K PR-4930 - Prepare feasibility study and concept design - $70K PR-4631 - Develop business cases for future capital works -

$51K PR-4895 - Develop a Public Open Space Strategy - $50K PR-4290 - Develop a new website - $50K PR-1578 - Develop and implement a public health plan - $49K PR-4629 - Implement LandCorp MOU for Punchbowl Caravan

Park - $46K PR-4599 - Detailed design plans for Hay Park - $38K Lead Directorate Infrastructure - $38K Administer Corporate Training programs - $34K Maintain city public art collection - $20K PR-3800 - Investigate contaminated site at Big Swamp - $20K PR-4722 - Develop the Greener Bunbury Strategy - $19K Coordinate debt recovery - $19K Coordinate market valuations (market/rental) - $18K PR-4624 Undertake drainage catchment studies - $17K

Materials Expense– Variance of $626K due to the timing of multiple areas with various minor budgets for the following:

General materials - $300K Food and Stock purchases - $141K Office printing and stationery - $68K Postage and Freight - $24K

Capital Expenses Acquisition of Assets – Unfavourable year-to-date variance due to the timing of capital expenditure. The majority of this variance is in:

PR-1809 - Construct Hay Park Central Pavillion - $1.40M PR-2281 - Replace corporate vehicles - $838K PR-2291 - Corporate heavy plant 2019/20 - $628K PR-4800 - Renew Marlston Seawalls - $490K PR-4799 - Upgrade Halifax Business Park Infrastructure - $486K PR-4786 - Detailed design and construction of youth precinct -

$444K

$9,093,191 39%


PR-4801 - Infrastructure development works at Lot 3002 Lyon Cove - $386K

PR-4781 - Replace the SWSC fire system - $377K PR-4373 - Realign and Widen Koombana Drive East - $363K PR-3998 - Renew SWSC aquatic changeroom - $325K PR-1907 - Replace waste vehicles and plant 2019/20 - $323K PR-4015 - Improve City’s Landscaping, Parks Gardens and Entry

Ways - $291K PR-2385 - Renew foreshore marine walls - $276K PR-2290 - Replace corporate heavy plant 2018/19 - $273K PR-4847 - Construct new UAT Public Facility at Des Ugle Park -

$240K PR-4802 - Installation of digital billboard, Forrest Highway -

$191K PR-1252 - Redevelop Stirling Street Arts Centre - $158K PR-4851 - Upgrade Sykes Foreshore marine walls - $130K PR-4724 - Construct South Western H/Way shared path - $121K PR-4729 - Renew administration Building Management System

- $120K PR-3404 - Refurbish community buildings - $99K PR-1303 - Replace playground equipment - $93K PR-1185 - Reseal roads through Roads to Recovery program

2019/20 - $91K PR-4112 – Upgrade facilities to meet the goal of MARCIA - $85K PR-2642 - Renew, resleeve and improve drainage - $82K PR-1843 - Renew and Upgrade Paths - $82K PR-4770 - Building maintenance and refurbishment for Lot 12

Wellington St - $74K PR-1523 - Replace automatic retic systems - $70K PR-4792 - Reseal Sandridge Road - $67K PR-4850 - Construct Turkey Point Carpark - $65K PR-4732 - Replace Council Chambers air-conditioning APAC

units and ducting - $60K PR-3764 - Redevelopment of BRAG foyer - $54K

Analysis of Financial and Budget Implications

This Financial Management Report on the financial performance of the City is provided for Councillors information and does not have any financial or budget implications for the 2019/20 financial year.

Community Consultation

There is no requirement for community consultation on this report. A Monthly Community Financial Report (attached at Appendix DSOP-7) has been prepared to give the community an easy to understand summary of the City’s financial performance. Once received by Council, this report will be made available on the City’s website for community information. Councillor/Officer Consultation


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


10.3.2 Schedule of Accounts Paid for the 1 May 2020 to 31 May 2020

File Ref: COB/1127 Applicant/Proponent: Internal Report Responsible Officer: David Ransom, Manager Finance Responsible Manager: David Ransom, Manager Finance Executive: Dave Chandler, Director Strategy & Organisational Performance Authority/Discretion: ☐ Advocacy



Attachments: DSOP-8: Schedule of Accounts Paid Summary

The City of Bunbury "Schedule of Accounts Paid" covering the period 1 May 2020 to 31 May 2020 is attached at Appendix DSOP-8. The schedule contains details of the following transactions;

1. Municipal Account – payments totalling $4,717,707.34

2. Advance Account – payments totalling $2,405,969.51

3. Trust Account – payments totalling $12,500.78

4. Visitor Information Centre Trust Account – payments totalling $1,118.00

5. Bunbury-Harvey Regional Council Municipal Account – payments

totalling $616,413.63

6. Bunbury-Harvey Regional Council Advance Account – payments totalling $547,406.98 Executive Recommendation The Schedule of Accounts Paid for the period 1 May 2020 to 31 May 2020 be received.


10.3.3 Write-Off of Outstanding Community Law & Safety and Environmental Health Infringements

File Ref: COB/1124 Applicant/Proponent: Internal Report Responsible Officer: David Ransom, Manager Finance Responsible Manager: David Ransom, Manager Finance Executive: Dave Chandler, Director Strategy and Organisational Performance Authority/Discretion ☐ Advocacy



Attachments: Nil Summary Each year the outstanding infringements from 2 years ago are recommended to Council for write off. Endeavours to facilitate the collection of outstanding infringements will continue through the Ministry of Justice Fines Enforcement Registry (FER), however the certainty of success is reduced after 2 years and it is prudent that these amounts are removed from the financial statements to accurately reflect the collectability of infringements. Although fines will be written off by the City, these fines will remain with FER and the City will receive any monies if successfully recovered. Executive Recommendation That Council approves the write-off of 2017/2018 outstanding Community Law & Safety and Environmental Health Infringements totalling $88,552.16 as at 30 June 2020. Voting Requirements: Simple Majority required Strategic Relevance Theme 4: Our City Goal: Civic leadership, partnerships and sound governance in delivering with and

for the community. Objective No.4.4: A skilled organisation, which exercises responsible asset stewardship,

sound financial management, and exemplary customer service. Regional Impact Statement Not applicable. Background The City aims to collect 90% of infringement notices issued each year. Debt collections actions include internal efforts by staff and lodging infringements with the FER.


The following is a summary of outstanding infringements from 2017/2018. The amounts presented to Council last year for 2016/17 are also shown as a comparison:

Infringement: Amount

Raised 2017/2018

Outstanding Balance

2017/2018

% Outstanding

2017/18

Amount Raised

2016/2017

Outstanding Balance

2016/2017

% Outstandi

ng 2016/17

Parking $247,162.55 $20,118.37 8.1% $404,382.05 $41,916.06 10.4% Dog Act $98,795.24 $54,864.14 55.5% $119,756.05 $60,009.87 50.1% Cat Act $4,630.75 $3,127.50 67.5% $6,593.35 $3,500.40 53.1% Litter $1,684.75 $929.75 55.2% $4,992.10 $1,735.55 34.8% Bushfire $6,883.50 $1,373.00 19.9% $8,802.55 $2,251.90 25.6% Local Laws $24,867.25 $5,202.90 20.9% $16,533.85 $3,119.80 18.9% Swimming Pools

$6,204.25 $843.25 13.6% $750.00 $0.00 0%

Health Act $2,093.25 $2,093.25 100% $0.00 $0.00 $0.00 Total $392,321.54 $88,552.16 22.6% $561,809.95 $112,533.58 20.00% During 2017/2018 Community, Law & Safety and Environmental Health infringements issued 4,768 infringements, totalling $392,321.54 (original penalty and additional costs) with 4,370 or 92% collected to date. The amount that has not been recovered to date is $88,552.16. This represents approximately 22.6% of the infringement penalties issued during the 2017/2018 financial year. Council Policy Compliance This item complies with Council’s policy for the write-off of monies. Legislative Compliance In accordance with the provisions of Section 6.12 of the Local Government Act 1995, Council may write off any amount of money which is owed to the local government. Analysis of Financial and Budget Implications The write-off of these infringements has been provided for in the current budget, therefore there will be no impact on the 2019/20 budget. Community Consultation There is no requirement for community consultation on this report. Councillor/Officer Consultation This item has been referred to Council after consultation with the Manger Environmental Health and Community Law, Safety and Emergency Management who will continue efforts to recover outstanding infringements through the FER.


10.4 Director Sustainable Communities Reports

10.4.1 Proposed Amendments to City of Bunbury Local Planning Strategy 2018 and Local Planning Scheme No. 8 for a Local Centre at Albert Road and Mervyn Street, Bunbury

File Ref: COB/297 Applicant/Proponent: Planning Solutions Australia Pty Ltd Responsible Officer: Kelvin Storey Acting Manager: Barbara Macaulay Executive: Gary Barbour, Director Sustainable Communities Authority/Discretion ☐ Advocacy

☐ Executive/Strategic Legislative


Attachments: Appendix DSC-1: Draft Local Planning Strategy Amendment 1 Proposal Appendix DSC-2: Draft Local Planning Scheme Amendment 3 Proposal Appendix DSC-3: Peer Review by Pracsys of the Retail Sustainability Assessment Appendix DSC-4: Response by SMCo to the Peer Review Appendix DSC-5: Local Government Planning Assessment Report Appendix DSC-6: Schedule of Submissions

Summary The City of Bunbury has received requests from Planning Solutions (Aust) Pty Ltd acting on behalf of their client Citygate Properties Pty Ltd to pursue complementary amendments to the City of Bunbury Local Planning Strategy 2018 and associated Local Planning Scheme No. 8 (LPS8). The amendments being proposed seek to facilitate establishing a new local centre within the curtilage of the existing Homemaker Centre, located near to the junction of Albert Road and Mervyn Street. The proposed draft Strategy and Scheme amending documents have been publicly advertised for comment and are being returned to Council with submissions for further consideration in order that a recommendation on each can be made to the Western Australian Planning Commission (WAPC). On the premise that the economic impacts of the proposals are not significant and that the development does not undermine orderly and proper planning the following recommendation is provided. Executive Recommendation That Council, pursuant to the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015, resolves to: 1. Advise the Western Australian Planning Commission that Council:

(a) supports proposed amendment number 1 to the City of Bunbury Local Planning

Strategy 2018 in accordance with regulations 14(2)(b) and 17 of the Planning and Development (Local Planning Schemes) Regulations 2015; and


(b) supports proposed scheme amendment (complex) number 3 to the City of Bunbury Local Planning Scheme No. 8 in accordance with regulations 41(3)(a) of the Planning and Development (Local Planning Schemes) Regulations 2015.

2. Refer the Schedule of Submissions, supporting reports and amendment documentation to

the Western Australian Planning Commission for further review and consideration. 3. Advise the proponent and submitters of Council’s resolution. Voting Requirement: Simple Majority Strategic Relevance Theme 2: Our economy Goal: A thriving and dynamic economy, that plays to its strengths, and confidently

presents to the world. Objective 2.1: Bunbury builds on its competitive advantages, supports innovation and

celebrates business success. Objective 2.2: Bunbury is known far and wide for its strengths as a place to live, visit and do

business. Theme 3: Our places and spaces Goal: A natural and built environment that reflects core values. Objective 3.1: A city that is easy to get around with attractive streetscapes and pathways. Objective 3.2: An irresistible city centre, with thriving businesses and a vibrant inner-city

residential community Objective 3.3: High-quality urban design, well-planned neighbourhoods with housing choice,

and appropriate provision for diverse land uses to meet the community’s needs.

Regional Impact Statement The proposals are not intended to have significant impact at a regional level. Background Planning Solutions initially submitted a request to the City of Bunbury to pursue an amendment to the Local Planning Strategy that would result in a new local centre being designated within the curtilage of the Homemaker Centre near to the junction of Mervyn Street and Albert Road. This proposal was presented to Council in July 2018 as amendment number 1 to the Local Planning Strategy, whereupon it was initiated for the purpose of advertising (Council decision 229/18). The WAPC subsequently provided their consent to undertake the public advertising procedure in accordance with Part 3 of the Planning and Development (Local Planning Schemes) Regulations 2015. A copy of the submitted Local Planning Strategy Amendment 1 Proposal document which incorporates a Retail Sustainability Assessment (RSA) is attached at Appendix DSC-1. Prior to the public advertising of proposed amendment number 1 to the Local Planning Strategy commencing, Planning Solutions lodged a complementary scheme amendment proposal seeking in part to rezone the subject land from ‘Service Commercial Zone’ to ‘Local Centre Zone’. In doing this the proponent sought to enable the Strategy and Scheme amendments to be publicly advertised


and determined concurrently and thereby potentially reduce the overall processing time involved than if the amendments were considered separately and sequentially. The Department of Planning, Lands and Heritage (DPLH) advised that the department had no objections to such an approach in principle. Proposed scheme amendment number 3 was then initiated as a ‘complex’ amendment and adopted by Council for the purpose of public advertising in July 2019 (Council decision 202/19). A copy of the Local Planning Scheme Amendment 3 Proposal document is attached at Appendix DSC-2. Council Policy Compliance There is no policy compliance consideration impacting on this report. Legislative Compliance The following statutory planning instruments of both the state and local planning frameworks are of particular relevance to the consideration of the Strategy and Scheme amendment proposals: • Planning and Development Act 2005; • Planning and Development (Local Planning Schemes) Regulations 2015; • State Planning Policy 7.0 Design of the Built Environment; • State Planning Policy 7.3 Residential Design Codes Volume 2 – Apartments (R-Codes Vol 2); • Liveable Neighbourhoods (2009 and 2015 Draft); • Greater Bunbury Strategy 2013; • Greater Bunbury Region Scheme (GBRS); • Activity Centres for Greater Bunbury Policy (2012); • City of Bunbury Local Planning Strategy 2018; • Local Planning Strategy for Activity Centres and Neighbourhoods (2010); and • City of Bunbury Local Planning Scheme No. 8 (LPS8 or the ‘Scheme’). The processes for undertaking local planning strategy and local planning scheme amendments are regulated by statutory procedures set out in the Planning and Development (Local Planning Schemes) Regulations 2015. The amendment proposals, together with a record of submissions received over the public advertising period, are now returned to Council for determination. Following a resolution by Council, the amendment proposals and submissions will be forwarded to the WAPC for further assessment and review prior to final determination, which in the case of proposed scheme amendment number 3 would be undertaken by the Minister for Planning. Officer Comments Syme Marmion & Co’s RSA analysis concludes that the impacts of allowing a ‘shop’ use of up to 2,000m² nla ‘are all minor and in no case is the viability of a centre endangered.’ A peer review report prepared by Pracsys of the proponent’s RSA is attached as Appendix DSC-3. A response prepared by Syme Marmion & Co as authors of the RSA countering some of the comments made in the peer review is attached as Appendix DSC-4. In addition to rezoning a portion of Lot 108 (#42) Strickland Street (Homemaker Centre) from ‘Service Commercial Zone’ to ‘Local Centre Zone’, draft scheme amendment number 3 proposes to introduce additional provisions into the Scheme. These provisions seek to regulate the


arrangement of future land uses, limit ‘shop’ and non-retail commercial net lettable floorspace, and guide the layout and design of the built form through the designation of a Development Area - Special Control Area (SCA) and the requirement for a Local Development Plan (LDP). The two related amendment proposals are considered separately in the Local Government Planning Assessment Report attached at Appendix DSC-5. The procedure prescribed in the Planning and Development (Local Planning Schemes) Regulations 2015, regarding the local government’s options for making a determination concerning the draft Local Planning Strategy Amendment 1 Proposal, are as follows: (a) support the amendment to the Local Planning Strategy as proposed; or (b) support the amendment to the Strategy with proposed modifications to address issues

raised in the submissions; or (c) whilst the Regulations are silent on the matter, in theory advise the Commission that in

light of submissions it does not support the proposed amendment of the Strategy in any form.

Similarly under the Regulations, in respect of the draft Local Planning Scheme Amendment 3 Proposal, Council may resolve to: (a) support the amendment to the Local Planning Scheme without modification; or (b) to support the amendment to the Scheme with proposed modifications to address issues

raised in the submissions; or (c) not to support the amendment to the Scheme. Analysis of Financial and Budget Implications The recommendation has no direct budgetary or financial implications for the City of Bunbury, noting that should Council resolve not to support the amendment proposals, there are no rights of appeal to the State Administrative Tribunal (SAT) in regards to these matters. Community Consultation Advertising has been conducted in compliance with the Planning and Development (Local Planning Schemes) Regulations 2015. This involved a 60 day public submission period (from 1 October to 29 November 2019) and included the following measures: • letter sent to surrounding landowners / occupiers; • public notification signs erected onsite; • public notice of proposal published in a locally circulated newspaper (multiple 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.


Public Submissions In total 21 public submissions made jointly on the Strategy and Scheme amendments were received, of which two were objections. Of the public submissions in support (several of which were identical) the majority were from business employees operating from tenancies within the Homemaker Centre, and their comments largely pertained to the convenience of having access to a nearby supermarket. One objection was submitted by the proprietor of the Bunbury Forum, which is designated as a ‘district centre’, and the other was submitted by planning consultants representing business interests in the Bunbury city centre (including Primewest as owners of Centrepoint). Their combined concerns included the following: • undermining of the current activity centre hierarchy; • inconsistent with WAPC’s Activity Centres for Greater Bunbury Policy objectives; • effectively operating as a neighbourhood centre with investments being diverted from larger

centres to an ‘out of town’ centre; • compromising orderly and proper planning of the city; and • potential flaws in the proponent’s submitted retail sustainability assessment, and noting

current difficult conditions being experienced, the need for a more comprehensive review to be undertaken across the whole of the city.

The Schedule of Submissions is attached at Appendix DSC-6 and this provides a full account of each submission, a response from the proponent in respect of concerns raised by objectors, and comments by the City of Bunbury. Agency Submissions Submissions on the amendments were received from three agencies with no objections being raised at this stage of the planning process. 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. Applicant Consultation The proponent first met with representatives from the City of Bunbury and the DPLH in 2017 to discuss their intent to request an amendment to the Local Planning Strategy and then again in June 2018 to discuss refinements to their initial proposal. Advice provided from DPLH officers is reflected in the draft Local Planning Strategy Amendment 1 Proposal document that has been publicly advertised. The advertised version of the complementary draft Local Planning Scheme Amendment 3 Proposal document that was subsequently submitted and initiated for the purpose of public advertising includes amending pages that were prepared by the City of Bunbury with the knowledge and general approval of the proponent. A further meeting between the proponent and City of Bunbury officers was held prior to the finalisation of this report. The applicant has been made aware of the Executive Recommendation.


Timeline: Council Decision Implementation Council’s resolution (recommendations) together with the amendment documentation will be submitted to the WAPC for their review and consideration. Referral to the Commission can be expected to be undertaken within five working days of the decision of Council.


10.5 Director Infrastructure Reports

Nil


11. Applications for Leave of Absence 11.1 Request for Leave of Absence - Cr Brown

Councillor Brown requests leave of absence from all Council-related business from 6 July 2020 to 17 July 2020 inclusive. Section 2.25 of the Local Government Act 1995, allows a council to grant leave of absence to one of its members provided that the period of leave does not exceed six (6) consecutive ordinary meetings of the Council.

Recommendation Pursuant to Section 2.25 of the Local Government Act 1995, that Councillor Brown is granted leave of absence from all Council-related business from 6 July 2020 to 17 July 2020 inclusive.

12. Motions on Notice

13. Questions on Notice

13.1 Response to Previous Questions from Members taken on Notice

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

15.2 Public Reading of Resolutions that may be made Public

16. Closure

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