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Shire of Narrogin Ordinary Council Meeting

18th

JULY, 2013

NOTICE AND AGENDA

Dear Councillors,

Notice is hereby given that the next Ordinary Meeting of Council is to be

held in the Council Chamber, 43 Federal Street, Narrogin on Thursday

18th July 2013; commencing at 9.30 a.m.

Geoff McKeown

Chief Executive Officer

Ordinary Council Meeting

18th July, 2013

2

AGENDA

1. DECLARATION OF OPENING AND ANNOUNCEMENT OF

VISITORS

2. ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE

GRANTED

3. PUBLIC QUESTION TIME

Responses to previous public questions taken on notice, general

enquiries or disputes.

4. APPLICATIONS FOR LEAVE OF ABSENCE

5. CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Council held on the 20th

June 2013.

6. ANNOUNCEMENTS BY THE PRESIDENT AND

COUNCILLORS

7. PETITIONS/DEPUTATIONS/PRESENTATIONS/SUBMISSIONS

8. REPORTS OF OFFICERS

9. MATTERS WHICH REQUIRE DECISIONS

9.F FINANCE

9.F.233 Financial Statement (FI-FINS) 3

9.A ADMINISTRATION

9.A.268 Road Construction and Maintenance Program (TR-RGEN) 4

9.A.269 Regional Run Off Road Crashes Program (TR -RGEN) 8

9.A.270 Regional Development Australia Fund (FI-GRANT) 10

9.A.271 Records Keeping Plan (AS-RKP) 12

9.A.272 Delegations Register (OR-GEN) 13

9.B&TP BUILDING AND TOWN PLANNING

9.B&TP.171 Development Application – Loc 2672 Gt Southern Hwy (TP-GEN) 14

9.B&TP.172 Development Application – Lot 6 Earl Street (TP-GEN) 19

9.B&TP 173 Subdivision – Lot 69 Earl Street (TP-SUB) 23

9.B&TP 174 Development Application – Hay Processing Plant (TP-GEN) 26

10. NOTICE OF MOTION

11. NEW BUSINESS OF AN URGENT NATURE

12. DECLARATION OF CLOSURE


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9. MATTERS WHICH REQUIRE DECISIONS

9.F FINANCE

9.F.233 FINANCIAL STATEMENT FI-FINS

Background

The Financial Statement to the 30th

June, 2013 and the Cheques as prepared for

payment will be presented for adoption by Council.

STATUTORY ENVIRONMENT: Local Government (Financial

Management) Regulations

1996

POLICY IMPLICATIONS: Nil

FINANCIAL IMPLICATIONS: Nil

STRATEGIC IMPLICATIONS: Nil

Recommendation

That Council,

1. Endorse cheques numbered;19951 to 19952 and 20013 to 20023, 20025

to 20029, (inclusive) as paid under delegated authority, totalling

$67,813.34;

2. Approve cheques numbered; 20030 to 20098 (inclusive) as creditors to be

paid, totalling $590,657.08;

3. Endorse electronic transaction payments for other expenses totalling

$74.25;

4. Endorse electronic transaction payments for salaries and wages expenses

totalling $59,957.45; and

5. Adopt the Financial Statement to the 30th

June, 2013 as presented.

VOTING REQUIREMENTS: Simple Majority


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9.A ADMINISTRATION

9.A.268 ROAD CONSTRUCTION & MAINTENANCE PROGRAM TR-RGEN

Background

Council is asked to endorse a draft road construction and maintenance programme for

2013/14. The programme will then appear in the draft 2013/14 Budget for adoption.

Comments

Some projects are “locked in” due to external funding arrangements, i.e. Regional

Road Group, Grain Freight Network, etc. Other projects are open for Council

consideration and inclusion in the works programme.

Income

Firstly, there is external funding available for the coming year. The following is a

summary of grant funds anticipated for construction and maintenance:

Regional Road Group Projects (State Funds) 327,792

Regional Road Group Projects (2012/13 carryover) 52,848

Direct Grant (State Funds) 75,225

Royalties for Regions (State Funds) 314,295

Roads to Recovery (Federal Funds) 178,074

Grain Freight Network (State Funds) 229,000

State Black Spot (State Funds) 82,000

FAG Local Road Component (Federal Funds) 406,650

Total 1,665,884

The Local Road Component of the Federal Government’s Financial Assistance Grant

(FAG) shown above is a notional grant at this stage. It is not anticipated that it will

change significantly. In addition, the above figures assume that the entire allocation

from the Royalties for Regions – Local Government Fund, that is discretionary

funding, will be used on road infrastructure projects.

Expenditure

The following are estimates of expenditure required to meet the Shire maintenance

needs and for construction projects identified by Council:

Maintenance:

Programmed and Shoulder Grading 275,000

Occasional Grading 100,000

Gravel Re-sheeting 131,000

Patching and Edge Repairs 35,000

Signs, Guide Posts and Safety 28,000

Drainage and Culvert Works 44,000

Spraying 30,000

Slashing 85,000

Heavy Maintenance 42,000

Storm Damage 25,000

Townsite Maintenance and Sweeping 5,000

Inspections and Programming 5,000

Total $805,000


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As a comparison, the maintenance budget for 2012/13 was $767,000 with actual

expenditure to the 30th

June 2013 totalling approximately $821,385. This amount

includes over $46,000 in storm damage, resulting from the storm event on the 12th

December 2012.

Construction: The construction projects that have been costed at this stage are as follows:

Programme Road Description Cost Total

Road Project

Grant

Piesseville Tarwonga Reconstruction

1.5kms and reseal

1.5kms

211,500

Yilliminning Reconstruction,

reseal & drainage

178,638

Nomans Lake Siding Reseal 700m 22,800

Tarwonga Road Reseal 3kms 78,750 491,688

Road Project

Grant (2012/13

carryover)

Yilliminning Reseal 3kms plus

sections over

pavement corrections

79,272 79,272

Grain Freight

Network

Wickepin Harrismith Reseal 157,000

Read Reseal 72,000 229,000

State Black Spot Tarwonga/Highbury West

Intersection

Reconstruct

intersection

123,000 123,000

Roads to

Recovery

Narrogin Dongolocking Reseal over previous

widening

90,074

Narrogin Dongolocking Seal 2kms 88,000 178,074

Royalties for

Regions

Whinbin Rock Seal 3kms 87,021

Simmons Reseal 1.8kms 55,000

Narrogin Valley Widen narrow Seal

1.5kms

114,674

Clayton Reseal 2.0kms 57,600 314,295

Council

Funding

Narrogin Congelin Stabilisation near

Nebrikinning Road

124,026

Boundain North Reseal 170,000

Cooraminning/Wanerie Pavement

stabilisation

15,000

Contine Widen and form 50,000

Narrogin Valley Gravel Sheet 27,000 386,026

Total 1,801,355

As a comparison, the construction budget for 2012/13 was $1,874,689 with actual

expenditure to the 30th

June 2013 totalling $1,424,593. The variation from the budget

to actual was mainly due to savings with the Grain Freight Network Projects and non-

completion of the reseal component of the Yilliminning Road project funded by the

Regional Road Group.

It should be noted that the construction budget for 2012/13 was significantly higher

than normal levels due to the injection of funding for the Grain Freight Network

projects.


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Summary

To summarise these budget estimates the following table shows the budget figures for

the last three years along with the 2013/14 draft budget figures. They highlight the

movement in Council funds required to meet next financial year’s commitment.

2010/2011

Budget

2011/2012

Budget

2012/2013

Budget

2013/14

Budget

INCOME

State Grants 664,633 813,995 1,387,163 1,081,160

Federal Grants 573,402 586,418 599,180 584,724

Council Funds 570,926 587,587 655,346 940,471

Total $1,808,961 $1,988,000 2,641,689 2,606,355

EXPENDITURE

Maintenance 689,417 745,000 767,000 805,000

Construction 1,119,544 1,243,000 1,874,689 1,801,355

Total $1,808,961 $1,988,000 2,641,689 2,606,355

If the amount shown in the table above as Council Funds is not available, due to other

budget priorities, it may be necessary to reduce the overall construction and

maintenance allocation. It should be noted that Council’s contribution is significantly

higher than in previous years and at this stage of the budget process it is anticipated

that the additional funds will be sourced from the surplus carried forward from the

2012/13 financial year.

The reserve projects that have been identified but not included in the table above are:

1. Bradford Road – Gravel sheet in sections

2. Chomley Road – Reconstruct intersection with Tarwonga Road (to be

investigated for potential State Black Spot funding

3. Narrakine South Road – Widen seal to Contine Road

4. Wagin Wickepin Road – Cut down hill

5. Pethybridge Road – Widen to maintenance zone between Yilliminning

Road and Birdwhistle Road.

6. Michael Brown Road – Widen to maintenance zone on northern end

7. Bottlecreek Place – Pavement repair and reseal.

It may be possible to include the Pethybridge Road and Michael Brown Road projects

in the Heavy Maintenance component of the maintenance budget.

The draft construction program does not include works to repair storm damaged roads

from the December 2011 and December 2012 events, which will be funded under the

Western Australian Natural Disaster Relief and Recovery Arrangements

(WANDRRA). This work will be carried out by contractors and the Shire is eligible

to claim 75% of the cost.

The draft programme is submitted to Council for adoption. Where it is identified that

construction projects are adjacent to property held by an elected member, there is a

need to declare a proximity interest.


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STATUTORY ENVIRONMENT: Nil


FINANCIAL IMPLICATIONS: Inclusion in the Draft Budget

for 2013/2014


Recommendation

The Road Construction and Maintenance Programme for the 2013/2014 financial

year, as proposed, be adopted and the detail included in the annual Budget

documents.



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9.A.269 REGIONAL RUN OFF ROAD CRASHES PROGRAM TR-RGEN

Background

Information has been received from Main Roads that a new funding program is being

extended to local government. The Regional Run Off Road Crashes Program will

commence in the 2014/15 financial year and is only available on approved roads and

on particular sections of those roads.

Comments

Guidelines for the funding have been released. They state that run off road crashes

are the largest problem to be addressed in rural Western Australia and have been

identified as a priority to achieve a reduction in road trauma. Target roads and the

sections within those roads have been identified by Main Roads. Each road has been

given a priority rating of 1 to 3 with 1 being the highest.

The Shire of Narrogin has one road assessed at this time. It is the Narrogin

Harrismith Road and the section between 23.22 SLK and 33.38 SLK is considered as

a Priority 2 section.

The Guidelines indicate the type of treatment that can be carried out. The following

extract has been taken from the Regional Run Off Road Crashes Program Local

Roads – Development and Management Guidelines to explain the types of treatments

that can be applied to qualifying roads:

Examples of typical treatments that would meet the program objective include: 1) Improvements to delineation on all projects – to reduce the risk of driver errors

i) Install longitudinal pavement marking (where appropriate)

ii) Install guide posts to current spacings/standards

iii) Install raised reflective pavement markers (RRPM’s) on horizontal alignments (where appropriate)

iv) Install alignment/curve warning signs to current standards 2) Widen carriageway, seal shoulders and install audible edge lines – to improve the chances of recovery

i) to a width of 1.0m on straights(*)

ii) to a width of 2.5m at isolated curves(*) 3) Install audible edge line marking where appropriate – to inform drivers of lane departure

i) where sealed shoulders exist 4) Reconstruct super-elevation on shoulders / lanes – to provide a consistent predictable speed environment.

i) where superelevation is below recommended guidelines 5) Minor realignment to substandard curves – to reduce ROR crashes associated with curves

i) increase curve radii on curves where the existing radii is less than 600m


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6) Increasing surface texture / improve drainage – to improve friction and vehicle handling

i) where surface flushing / polishing occurs. 7) Improve pavement condition / texture on gravel road sections

i) resheeting gravel roads to increase friction coefficient of the surface 8) Selected removal of roadside vegetation – to reduce the severity associated with crashes 9) Provision of roadside safety barriers – to eliminate ROR crashes

i) where embankments require protection under current guidelines

ii) where roadside hazard removal cannot be obtained. (*) widths less than 1.0m / 2.5m may be acceptable on some local roads.

Funded projects under this program will receive two dollars for every one dollar

committed by the local government.

The section of the Narrogin Harrismith Road that has been identified by Main Roads

has a seal width of between 6.0m and 6.2m. The scope of work to be considered

should include a seal widening to 7.2m with a suitable gravel shoulder.

Applications for this funding must be with Main Roads by the 8th

August 2013 to be

considered for inclusion in the program funded in 2014/15.



FINANCIAL IMPLICATIONS: Allocation of funds required in

2014/15

STRATEGIC IMPLICATIONS: The Narrogin Harrismith

Road is designated a strategic

road.

Recommendation

The Chief Executive Officer prepare an application to access funding from the

Regional Run Off Road Crashes Program for upgrading works on the Narrogin

Harrismith Road.



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9.A.270 REGIONAL DEVELOPMENT AUSTRALIA FUND FI-GRANT

Background

On the 19th

June 2013 The Honourable Anthony Albanese, then Minister for Regional

Development and Local Government, announced that Round Five of the Regional

Development Australia Fund and the Liveable Cities Program would be shared

between all local governments across Australia. $150 million is available for capital

infrastructure projects that will facilitate jobs and growth in regional and local

communities.

Comments

The funding will be shared using the current distribution of the Financial Assistance

Grants as a basis for the calculation. The Shire of Narrogin will receive $67,643 in

2013/14 for an eligible project(s).

An extract from the guidelines includes the following criteria for eligible projects:

Projects must be for the construction of new infrastructure, or the refurbishment or upgrade to existing infrastructure.

Projects must be ‘investment ready’, i.e. the project must be completed no later than 31 December 2016. The project must also be ready to commence construction within 12 months of the execution of the Funding Agreement between the applicant and the Commonwealth.

Projects must be maintained for a period of not less than five years following completion of the project

Single projects or a package of smaller projects will be supported. There is no limit on the number of projects that may be submitted, however all projects must be included in a single application and, subject to approval, will form a single Funding Agreement between the applicant and the Commonwealth

Further, the guidelines outline what are considered to be ineligible projects, such as:

local government premises that are occupied by local government for administrative purposes

artworks

toilet blocks

soft infrastructure, such as computer software or hardware

salaries for service delivery staff, research staff and/or contractors

purchase of plant and equipment that is not an integral part of the funded project

administrative overhead items, including office equipment and vehicles


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mobile capital equipment, such as trucks and earthmoving equipment

provision of services and support activities

ongoing operational and maintenance costs

project management, feasibility studies and other costs associated with project management, and

activities that are eligible to be funded under the National Disaster Relief and Recovery Arrangements

There are several projects that can be considered at this time, including:

1. Extension of the Workshop roof at the Works Depot – to cater for

additional parking and undercover servicing of larger equipment

including graders and truck and trailer combinations.

2. Extension of the Narrogin Speedway Club Headquarters – The Club was

unsuccessful with a grant application to the Community Sporting and

Recreation Facilities Fund in the last round.

3. Upper Great Southern Hockey Association – Upgrade the six lighting

towers at the synthetic turf to improve lighting capacity.

Applications for funding close on the 22nd

July 2013.



FINANCIAL IMPLICATIONS: Allocation of funds included in

2013/14 Budget


Recommendation

The Shire of Narrogin will nominate suitable projects to be considered as part of

Round Five of the Regional Development Australia Fund.



18th July, 2013

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9.A.271 RECORDKEEPING PLAN REVIEW AS-RKP

Background

The Council is asked to endorse a review of the Shire’s Record Keeping Plan. The

State Records Act 2000 requires local governments to review their plans at intervals

of no more than five years. The Shire’s original plan was adopted in 2004 and was

revised in 2008.

Comments

The purpose of the review is to comply with Section 28 of the State Records Act 2000

and to ensure that the Shire’s recordkeeping systems are continually reviewed and

improved.

As part of the review process the Shire should revisit the approved Plan and self-

evaluation checklist to establish whether recordkeeping practices;

Have changed since the Plan was approved;

Are meeting the organisation’s business and legislative requirements; and

Are in need of improvement.

A copy of the review document will be available for consideration by Council and it

is asked to endorse the revised plan.

STATUTORY ENVIRONMENT: State Records Act 2000




Recommendation

The revised Shire of Narrogin Recordkeeping Plan prepared as part of the review

under Section 28 of the State Records Act 2000 be endorsed.



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9.A.272 DELEGATIONS REGISTER OR-GEN

Background

In February, 2001 Council adopted a Delegations Register that conferred some

responsibilities to the Chief Executive Officer (CEO) and other Staff. The

Delegations Register needs to be reviewed each year. In addition, the Council is

asked to endorse the use of those delegations by the CEO and Staff.

Comments

Attached for Council’s information is a list of the delegations exercised by the CEO

and Staff for the 2012/13 financial year.

In addition, the Council is asked to review the Delegations Register. A copy is

provided for information. There are no recommended changes to be made to the

Register at this stage.

STATUTORY ENVIRONMENT: Section 5.46(2) of the

Local Government Act




Recommendation

The use of delegations by the Chief Executive Officer and other Staff for the period

from the 1st July 2012 to the 30

th June 2013 be endorsed. Further, Council

acknowledges it has reviewed the Delegations Register in accordance with the

requirements of the Local Government Act 1995.

VOTING REQUIREMENTS: Absolute Majority


18th July, 2013

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9. B&TP BUILDING AND TOWN PLANNING

9.B&TP.171 DEVELOPMENT APPLICATION – LOC 2672 GREAT

SOUTHERN HIGHWAY TP-GEN

Background

An application has been submitted by Gray & Lewis – Land Use Planners on behalf

of the owners of Location 2672 Great Southern Highway seeking permission to

undertake an “intensive agriculture” pursuit through the growing and harvesting of

juju berries. Detail of the application submitted follows.

Comments DEVELOPMENT APPLICATION – LOT 2672 GREAT SOUTHERN HIGHWAY, HIGHBURY We act on behalf of the owner of the abovementioned lot and seek planning approval for a portion of the land to be used for ‘intensive agriculture’. We hope that the following information is of assistance: 1. Location Lot 2672 is located on the corner of Great Southern Highway and Hoffman Road, Highbury located in the Shire of Narrogin – refer plan below.


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2.0 Zoning & Shire of Narrogin Scheme Provisions The lot is zoned ‘Farming’ under the Shire of Narrogin Town Planning Scheme No 2.

This application proposes to utilise a portion of Lot 2672 for intensive agriculture. The Shire of Narrogin Town Planning No 2 defines ‘intensive agriculture’ which means ‘the use of land for the purposes of trade, commercial reward or gain, including such buildings and earthworks normally associated with the following ....the production of grapes, vegetables, flowers, exotic and native plants, fruit and nuts...’. The land use of ‘Intensive Agriculture’ is discretionary in the Farming zone and therefore requires the specific planning approval of Council. Whilst a portion of Lot 2672 has historically been used for intensive agriculture to grow proteas, the owner seeks to formalise planning approval for ‘intensive agriculture’ specifically for growing Juju berries. 3.0 Description of property and existing landuses The majority of the land is used for traditional agriculture and contains several dams, two dwellings and ancillary outbuildings. There is potential for increased dam capacity by new dam installation and contouring into existing. The western portion of the lot and the area north of the main drainage line through the lot will continue to be used for traditional farming.

Lot 2672


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4.0. Historic Landuses Historically, the south eastern portion of the lot has already been used for intensive agriculture as proteas were grown in this area. There are existing underground pipes and watering infrastructure in place that formed part of the previous protea growing use. Proteas still exist on some portions of the lot, as they have regrown naturally. Whilst the Shire may have been aware of the previous intensive agriculture use for protea growing, it is understood there are no formal records of planning approval. The protea farm is no longer in operation, and ceased prior to our client purchasing the land. The south east portion of the lot has not been used for traditional agriculture for many years. The western and northern portions of Lot 2672 are, and will continue to be used, for traditional farming. 5.0 Proposed Development Our client would like to grow Juju berry trees on the south eastern portion of Lot 2672 which was previously used for protea growing. This essentially involves planting in the cleared areas located between the owners residence fronting Hoffman Road, and an existing dam and drainage line to the immediate north of the residence. There are different tree varieties however one of the more common species is the Ziziphus jujube, which is often referred to as jujube (sometimes jujuba). It is a small deciduous tree or shrub which generally reaches a height of 5–10 metres, usually with thorny branches.

Existing house with watertanks – to be

retained on future

proposed homestead lot

Area south of drainage line

and dam proposed for

intensive agriculture

Cleared land used for

traditional agriculture

Patches of old protea

regrowth

http://en.wikipedia.org/wiki/Deciduous

http://en.wikipedia.org/wiki/Tree

http://en.wikipedia.org/wiki/Shrub


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Fresh jujube fruits

Growing the Juju berry plant in Australia is ideally suited to the ‘small holding’ farmer as harvesting machinery has not been readily developed for this crop and hand harvesting is still the most effective way of removing the fruit.

The climate range of the Juju berry is perfect for most Australian semi rural areas as it is not water needy, prefers full sun, is not winter tender and has a high salt tolerance.

The tree tolerates a wide range of temperatures and rainfall, though it requires hot summers and sufficient water for acceptable fruiting. In this case the owner will use an existing dam and underground pipes for watering of the new trees.

The trees can withstand fairly cold winters, surviving temperatures down to about −15 °C (5 °F). This enables the jujube to grow in desert like climates, provided there is access to underground water through the summer.

The fruit can be eaten fresh, candied, canned, or dried like dates and are very sweet. Even young, two-year-old trees are able to produce reasonable crops.

A variety of species are becoming more readily available in Australia and in Western Australia. There are existing Juju berry farms in Mount Helena and Gingin.

This proposal is only for growing of trees and no on site processing is proposed at this early stage. The owner intends to undertake planting in stages, and will undertake ongoing pruning and maintenance of the trees.

6.0 Related Subdivision An application to subdivide Lot 2672 into two lots has been lodged with the Western Australian Planning Commission (WAPC) and is currently on an agreed deferral. The owner intends to lodge an amended plan to the WAPC once planning approval has been obtained for the intensive agriculture use. The amended subdivision plan will realign the proposed homestead lot boundary so that it follows an existing drainage line and dam – plan attached. The amended plan maximises the area that can continue to be used for traditional agricultural use on proposed Lot 1. Lot 2 will accommodate the homestead, an existing dam, the drainage line, and the proposed intensive agricultural use. The WAPC has advised the owner that they need planning approval from the Shire to use proposed Lot 2 for intensive agriculture.

The fruit is an edible oval drupe deep; when immature

it is smooth-green, with the consistency and taste of an

apple, maturing brown to purplish-black and

eventually wrinkled, looking like a small date.

Juju berries are more commonly known as a Chinese

Date, Common Jujube, or Chinese Jujube.

http://en.wikipedia.org/wiki/Fruit

http://en.wikipedia.org/wiki/Drupe

http://en.wikipedia.org/wiki/Apple

http://en.wikipedia.org/wiki/Date_palm


18th July, 2013

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The WAPC will refer the amended plan to the Shire separately for formal comment, however we wanted to explain the current status. 7.0 Conclusion The proposed development is consistent with the historical use of a portion of Lot 2672 for intensive agriculture when it operated as a protea farm. The development allows the owner to maximise use of existing infrastructure that was already established as part of the previous protea growing use. The development will not undermine the objectives of the Farming zone as the remainder of the land will continue to be used for traditional agriculture. The proposed landuse is compatible with surrounding farms and will not impact on surrounding farm activities. The proposed landuse is relatively small scale and once the trees are established they will be maintained using existing infrastructure on site. The proposed business may provide local employment opportunities during harvesting. We seek Council support for the proposal. If you require any other information, please do not hesitate to contact me.

The Chief Executive Officer consulted with Mr Brian Robinson, Director of

Development and Technical Services at the Town of Narrogin, regarding any

planning issues for the Shire with regard to this application. His advice is to ensure

that the water source for the intensive agriculture activity is contained on the same lot

via the subdivision approval process. In addition, he recommends that a condition be

placed on the approval that ensures measures are in place to manage potential run off

of nutrients to the satisfaction of Council. Other than that he supports the granting of

planning approval.

STATUTORY ENVIRONMENT: Town Planning Scheme No.2




Recommendation

Gray & Lewis, Land Use Planners, be advised that Council approves the intensive

agriculture activity, being the growing and harvesting of juju berries, on Location

2672, Great Southern Highway, Narrogin subject to the following conditions:

1. The existing water source that will service the activity is to be retained on

the lot to be created following the proposed subdivision of the property,

and

2. The potential run off of nutrients from the property be managed to the

satisfaction of Council.



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9.B&TP.172 DEVELOPMENT APPLICATION – LOT 6 EARL STREET TP-GEN

Background

Narrogin Electrical Services has written to the Shire of Narrogin indicating that it is

interested in purchasing Lot 6 Earl Street, Narrogin and is seeking preliminary

planning approval to use the premises for a workshop, storeroom, staff amenities and

office space for their electrical contracting business. In addition, it is also interested

in having a retail outlet for lighting and accessories at a future date.

Comments

Lot 6 Earl Street, Narrogin is zoned “Industrial” in the Shire’s Town Planning

Scheme No.2. (Scheme). It is proposed to be rezoned to “Service Commercial” when

the new joint Shire and Town of Narrogin Local Planning Scheme is approved.

The proposed activity involving the use of the premises for a workshop, storeroom,

staff amenities and office space for their electrical contracting business, will fit into

the definition of “Industry - Light”. The current Town Planning Scheme defines this

activity as:

“industry – light” means an industry –

(a) in which the processes carried on, the machinery used, and the goods and commodities carried to and from the premises will not cause any injury to, or will not adversely affect the amenity of the locality by reason of the emission of light, noise, electrical interference, vibration, smell, fumes. smoke, vapour, steam, soot, ash, dust, wastewater or other waste products; and

(b) the establishment of which will not, or conduct of which does not, impose an undue load on any existing or proposed service for the supply or provision of water, electricity, sewerage facilities, or any other like services.


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The Zoning Table within the current Scheme indicates that “Industry – Light” is a

permitted activity within the Industrial Zone. However, in considering planning

approval the Council can include conditions it feels is appropriate to the development.

The second activity proposed by the applicant, being a retail outlet for lighting and

accessories, fits into the definition of “Showroom”. The current Scheme does not

identify this activity in the Zoning Table. Therefore, the Council has two options

where the use of land for a particular purpose is not specifically mentioned in the

Zoning Table and cannot reasonably be determined as falling within the interpretation

of one of the use categories. The options are as follows:

Option 1: Determine that the use is not consistent with the objectives and

purposes of the particular zone and is therefore not permitted; or

Option 2: Determine by Absolute Majority that the proposed use may be

consistent with the objectives and purpose of the zone and thereafter follow

the advertising procedures of sub-clause 6.3 in considering an application for

planning approval.

Interestingly the proposed new joint Shire and Town of Narrogin Local Planning

Scheme does include a definition of “Showroom”, which is described as follows:

“showroom” – means premises used to display, sell by wholesale or retail, or hire, automotive parts and accessories, camping equipment, electrical light fittings, equestrian supplies, floor coverings, furnishings, furniture, household appliances, party supplies, swimming pools or goods of a bulky nature;

The new joint Scheme identifies “Showroom” as a permitted activity in the “Service

Commercial” Zone.

There are two further matters to consider with regard to this application.

Firstly, in the letter from Narrogin Electrical Services it mentions that it has concerns

about the stockpiling of materials and activities on the adjacent block that fronts onto

Earl Street and the dust levels that could adversely impact on their amenity. The

premises in this area have been variously used for storage purposes over many years

and this issue will need to be managed along with the owner or occupier to minimise

any impacts.

Secondly, Lot 6 Earl Street has been identified by the Department of Environment

Regulation as a known or suspected contaminated site under Section 15 of the

Contaminated Sites Act 2003. It would be appropriate to advise the potential

purchaser of this status.

In summary, the Council can grant approval for the activities that falls within the

“Industry – Light” definition. It can choose to deal with the approval for the

“Showroom” activity as a separate process considering the options mentioned above.


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The Chief Executive Officer consulted with Mr Brian Robinson, Director of

Development and Technical Services at the Town of Narrogin, regarding any

planning issues that the Shire should be aware of with regard to this application.

His advice is to deal with all the potential activities at the outset. One of the reasons

for supporting a move to rezone this area to “Service Commercial”, in the new

Scheme, is to encourage this type of development in Earl Street.




STRATEGIC IMPLICATIONS: Input will be required from

the Town of Narrogin should

an application be considered

for ‘Showroom” activities on

the site.

Recommendation

Subject to Narrogin Electrical Services purchasing Lot 6 Earl Street, Narrogin the

Shire of Narrogin will:

1. Grant planning approval to develop the property for a workshop, storeroom,

staff amenities and office space for an electrical contracting business, subject

to the following conditions:

a) All buildings on the site are to comply with the required boundary

setback distances as stipulated in the Shire of Narrogin Town Planning

Scheme No.2.

b) Building work to be the subject of a building permit from the Shire of

Narrogin and to comply with the Building Code of Australia 2009;

c) Fire hydrant(s) and fire hose reels, complying with the Building Code of

Australia 2009, to be installed to service the building;

d) The building is to be accessible for people with disabilities in

accordance with Part D3 of the Building Code of Australia 2009;

e) Emergency lighting, including emergency exit signage, to comply with

Part E4 of the of the Building Code of Australia 2009;

f) A system for the treatment and disposal of waste water be installed on-

site under approval from the Environmental Health Officer of the Shire

of Narrogin, prior to the occupation of the property;

g) Landscaping plan to be devised and submitted to Council and

implemented to the satisfaction of the Shire of Narrogin within six

months of the date of planning approval;

h) Parking bays and ground treatment to be installed to the satisfaction of

the Shire of Narrogin within six months of the date of planning

approval;

i) Stormwater disposal to the satisfaction of the Shire of Narrogin;

j) The premises shall be kept in a neat and tidy condition at all times to the

satisfaction of the Shire of Narrogin; and

k) No street trees shall be removed, cut back, pruned or interfered with in

any way, without the prior approval of the Shire of Narrogin.


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2. Proceed to consider granting planning approval for the property to also be

used for a retail showroom for the sale of lighting products and accessories on

the basis that Council supports the proposed use as being consistent with the

objectives and purpose of the zone and will thereafter follow the advertising

procedures of sub-clause 6.3 in the Shire of Narrogin Town Planning Scheme

No.2 in considering an application for planning approval.



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9.B&TP.173 SUBDIVISION – LOT 69 KATTA ROAD TP-SUB

Background

The Western Australian Planning Commission has received an application for

subdivision submitted by Mr Jim Bramley for Lot 69 Katta Road, Narrogin. Detail of

the application was forwarded to Gray & Lewis – Land Use Planners and it has

provided the following report:

Previous Subdivision Guide Plan May 2000 A Subdivision Guide Plan was developed in May 2000 by Dykstra and Associates (planning consultants) for this land and formed part of a Scheme Amendment to rezone the land to ‘Special Rural’. The Subdivision Guide Plan proposed 6 lots ranging from 2.8 to 11.6 hectares. Approval was subsequently granted to subdivide original Lot 155 Dumberning into 7 lots. The 7 lot subdivision did not proceed as at the time there was a requirement for a 300m buffer from an existing extensive piggery opposite the property on Katta Road. It is understood the piggery no longer operates and this has been addressed in the Shire’s Draft Local Planning Strategy.

Previous Subdivision 2006 In 2006 the Shire supported a subdivision application to subdivide original Lot 155 Katta Road into two lots, which created existing Lot 69 and Lot 68. Lot 68 contains an existing dwelling. Support for the subdivision was conditional on the applicant amending the Subdivision Guide Plan to reflect the two lot subdivision.

Current Application An application has been lodged with the Western Australian Planning Commission (WAPC) to subdivide existing Lot 69 Katta Road, Dumberning into two lots of 10.2755 hectares and 24.6688 hectares. The Shire is to provide recommendations on the subdivision to the WAPC. The existing lot is substantially cleared with the exception of pockets of vegetation in the western portion. It contains a dam and existing hay shed proposed to be retained.

Comments

Zoning and Scheme requirements The subject lot is zoned ‘Special Rural’ under the Shire of Narrogin Town Planning Scheme No 2 (‘the Scheme’).


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Under the general special rural zone provisions it requires that ‘the provisions for controlling subdivision and development in a Special Rural Zone shall comply with the requirements of Schedule 2 and with the following

a) subdivision shall generally accord with the plan of subdivision for the specified area referred to in Schedule 2 and such plan of subdivision shall show the minimum lot size for subdivision.’

There are zone requirements that apply to existing Special Use zones under Schedule 2 of the Scheme. Applicable to Lot 69 Schedule 2 requires that ‘Subdivision is to be generally in accordance with the Plan of Subdivision certified by the Chief Executive Officer and approved by the Commission.’ Schedule 2 of the Scheme does not specifically require a ‘Subdivision Guide Plan’ and only requires a ‘Plan of Subdivision’. If the Shire supports the subdivision, it is considered that the Shire Chief Executive Officer can simply certify the Plan of Subdivision that the applicant has lodged with their current application, rather than require an amended Subdivision Guide Plan. The Shire would need to adopt the Plan of Subdivision and request that it be endorsed by the WAPC. The need for any Subdivision Guide Plan is reduced now that buffers to the old piggery do not need to be addressed and there are no major constraints on future house locations.

Officer Comment The proposed subdivision will comply with the Scheme if the Plan of Subdivision lodged is certified by the Chief Executive Officer and endorsed by the WAPC. The applicant has lodged supporting information with their application that explains the existing landuses, geology, surrounding landuses and services. It is recommended that the application be conditionally supported.





Recommendation That Council: 1. Adopt the plan lodged as part of the application (WAPC Ref: 148421) as the

formal ‘Plan of Subdivision’ to ensure that the subdivision complies with Clause 4.11.1 (a) and Schedule 2 of the Shire of Narrogin Town Planning Scheme No 2.

2. Authorise the Chief Executive to certify the ‘Plan of Subdivision’ with a signature and lodge it with the Western Australian Planning Commission requesting their endorsement.

3. Recommend that the Western Australian Planning Commission approve the application (WAPC Ref: 148421) to subdivide Lot 69 Katta Road into two lots subject to the following condition:


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(i) The owner / applicant to provide a written undertaking, to advise

prospective purchasers that Council's prior planning approval is required for all development, including a single house in the Special Rural zone under the Shire of Narrogin Town Planning Scheme No 2.

(ii) All buildings (hay shed) having the necessary clearance from the new boundaries as required by the Shire of Narrogin Town Planning Scheme No 2, which includes a 5 metre side setback applying to the Special Rural zone.



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9.B&TP.174 DEVELOPMENT APPLICATION - HAY PROCESSING PLANTTP-GRN

An application has been received from Mr & Mrs Geoff and Rosemary Ballard for

development approval to install and operate a hay processing plant on Location 5202

Wagin Wickepin Road, Narrogin.

Comments

The application provides the following information:

“We hereby request planning approval from the Shire of Narrogin for the installation and operation of a hay processing facility on our property at 1550 Wagin Wickepin Road on Williams location 5202. The purpose of the hay processing is mainly for packaging and containerisation for exporting through the port of Fremantle to South East Asian destinations. The hours of operation will normally be from 7.30 am to 8.00 pm on weekdays with occasional weekend work when required. If we are behind schedule or have extra orders to fill we may operate the facility during the night. Transporting hay or straw to the property and loaded containers from the property will create up to 12 heavy vehicle movements per day when at maximum production capacity. Almost all trucks will travel to and from the property on Whinbin Rock Road. The facility will employ up to 4 full time or part time staff. Thank you for your consideration of our request.”

The location proposed for the use is in the Farming Zone according to the Shire of

Narrogin Town Planning Scheme No.2 (TPS No.2). The activity would be

categorised as "Industry Rural" which is defined as follows in the TPS No.2;

"industry rural: means an industry handling, treating, processing, or packing

primary products grown, reared, or produced in the locality, and a workshop

servicing plant or equipment used for rural purposes in the locality."

However, this use class is not listed in the zoning table of the TPS No.2. Therefore in

accordance with Clause 3.2.5 the Council needs to determine that the use is either

consistent or not consistent with the objectives of the Farming Zone. An earlier

planning approval for the hay processing plan on Wanerie Road determined that this

use is consistent the Farming Zone and the proposal should be advertised in

accordance with the procedures outlined in Clause 6.3 when considering an

application for planning consent.

The Council should be aware that the proponent has already operated a hay

processing plant from this site for a number of years. It is appropriate to deal with

this application on its merits. As Council is aware a number of industrial type

activities have been established on farming properties in the Shire over years without

obtaining the necessary planning approval.

The location of this facility is in the south east corner of the Shire, approximately

15.5kms south of the Yilliminning Road and 25kms east of the Great Southern

Highway.


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Planning matters to be considered are:

1. The possible need to upgrade access roads to cater for large vehicles

including road width and intersection treatments.

2. The impact, if any, of plant operation on surrounding residents (there is

no recommended buffer distances for this type of operation).

3. The management of waste (litter, twine, cardboard, plastics - recycling

opportunities).

4. The need for water supply and on-site water storage for fire management.

In summary, the detail of this application needs to be advertised in accordance with

Clause 6.3 of the TPS No.2 and the matter considered formally following receipt of

any submissions.





Recommendation

The Council agrees that the proposal to establish a Hay Processing Plant on Location

5202, Wagin Wickepin Road, Narrogin fits into the "Industry Rural" category as

outlined in the Town Planning Scheme No. 2 and is consistent with the objectives of

the Farming Zone. Further, the detail of the application be advertised and

submissions be invited in accordance with Clause 6.3 of the Town Planning Scheme

No.2.


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