6 february 2007 contents
TRANSCRIPT
6 FEBRUARY 2007
CONTENTS
Council Committee Minutes
Item No Subject Page
1. DECLARATION OF OPENING BY THE PRESIDING MEMBER ................ 1
2. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF
ABSENCE .......................................................................................................... 1
3. RESPONSES TO 'PUBLIC QUESTIONS' FROM THE PREVIOUS
COUNCIL COMMITTEE MEETING (WHERE THEY COULD
NOT BE ANSWERED AT THAT MEETING)................................................. 2
4. PUBLIC QUESTION TIME............................................................................... 2
5. QUESTIONS ON NOTICE FROM MEMBERS OF THE
COMMITTEE (WITHOUT DISCUSSION) ...................................................... 3
5.1 QUESTION ON NOTICE - ELECTED MEMBERS TO ABSTAIN
FROM COUNCIL IF PRE-SELECTED FOR A STATE OR
FEDERAL GOVERNMENT ELECTION ......................................................... 3
5.2 QUESTION ON NOTICE - BARR ROAD/ECCLESTONE STREET
TRAFFIC STUDY AND OUTCOMES ............................................................. 4
6. CONFIRMATION OF PREVIOUS MINUTES................................................. 5
7. DISCLOSURES OF INTEREST UNDER THE LOCAL
GOVERNMENT ACT 1995............................................................................... 5
Item No Subject Page
8. ANNOUNCEMENTS BY THE PRESIDING MEMBER
(WITHOUT DISCUSSION)............................................................................... 5
8.1 PRESENTATION - WA LOCAL GOVERNMENT ASSOCIATION
"SOUTH WEST BIODIVERSITY PROJECT" ................................................. 5
9. CHIEF EXECUTIVE OFFICER REPORTS/DISCUSSION TOPICS............... 6
9.1 REQUEST FOR LEAVE OF ABSENCE - COUNCILLOR NORM
MCCLEARY ...................................................................................................... 6
9.2 REQUEST FOR LEAVE OF ABSENCE - COUNCILLOR WAYNE
MAJOR............................................................................................................... 7
10. RECEPTION OF FORMAL PETITIONS AND MEMORIALS ....................... 7
11. RECEPTION OF REPORTS AND RECOMMENDATIONS FROM
OFFICERS & ADVISORY COMMITTEES ..................................................... 8
11.1 SOUTH WEST BIODIVERSITY PROJECT - LOCAL
BIODIVERSITY STRATEGY FOR THE CITY OF BUNBURY..................... 8
11.2 TRAFFIC MANAGEMENT SIGNS AND DEVICES FOR
EVENTS - INSTRUMENT OF AUTHORISATION....................................... 21
11.3 BIG SWAMP WILDLIFE PARK STEERING COMMITTEE
VACANCY....................................................................................................... 24
11.4 ROAD RE-SEALING PROGRAMME - TENDER 2006/2007-21.................. 28
11.5 TENDER 2006/2007-19 FOR SUPPLY OF ONE ROAD SWEEPER
AND ONE COMPACT PAVEMENT SWEEPER .......................................... 33
11.6 BUNBURY-SETAGAYA SISTER CITIES COMMITTEE -
MEMBERSHIP NOMINATION...................................................................... 38
11.7 BUNBURY-SETAGAYA SISTER CITIES COMMITTEE - TOUR
LEADER APPOINTMENT 2007..................................................................... 41
11.8 TOWN PLANNING SCHEME NO. 7 - SCHEME AMENDMENT
NO. 6 - PROPOSED REZONING OF A PORTION OF LOT 134
WHITLEY PLACE FROM "ROAD RESERVE - ACCESS ROAD"
TO "RESIDENTIAL R15/30"........................................................................... 44
11.9 FINANCIAL STATEMENTS FOR MONTHS OF NOVEMBER &
DECEMBER 2006............................................................................................ 49
11.10 BUNBURY REGIONAL ENTERTAINMENT CENTRE INC. -
APPLICATION FOR RENEWAL OF MANAGEMENT DEED.................... 51
11.11 PROPOSED REZONING - PREPARING FOR SALE OF LOT 66
OCEAN DRIVE................................................................................................ 55
Item No Subject Page
11.12 PROPOSED AMENDMENT NO. 24 TO TOWN PLANNING
SCHEME NO. 7 - REZONING PORTION OF LOT 10 OCEAN
DRIVE, BUNBURY......................................................................................... 60
11.13 AMENDMENT TO LOCAL LAW "ADVERTISING DEVICES" ................. 65
12. MOTIONS (OF WHICH PREVIOUS NOTICE HAS BEEN
GIVEN) TO BE DISCUSSED & RECOMMENDATIONS TO BE
REFERRED TO THE NEXT COUNCIL MEETING...................................... 72
12.1 MOTION ON NOTICE - ZERO TOLERANCE POLICY
(VANDALISM) ................................................................................................ 72
13. "URGENT" BUSINESS WITH THE APPROVAL OF THE
MAJORITY OF MEMBERS PRESENT ......................................................... 75
14. ITEMS TO BE NOTED.................................................................................... 75
14.1 ITEMS TO BE NOTED (NO DISCUSSION) AT THE COUNCIL
COMMITTEE MEETING................................................................................ 75
14.2 ITEMS TO BE NOTED AND ENDORSED (NO DISCUSSION) AT
THE COUNCIL COMMITTEE MEETING..................................................... 77
15. CONFIDENTIAL BUSINESS AS STIPULATED UNDER
SECTION 5.23(2) OF THE LOCAL GOVERNMENT ACT 1995 ................. 77
16. CLOSE OF MEETING..................................................................................... 77
GLOSSARY OF ABBREVIATED TERMS
Term Explanation
1:100 Ratio of 'one in one hundred'
AD Acceptable Development
ARI Annual Recurrence Interval
AHD Australian Height Datum
ANEF Australian Noise Exposure Forecast
AWARE All West Australians Reducing Emergencies (grant funding)
BCA Building Code of Australia
BCCI Bunbury Chamber of Commerce & Industries
BCRAB Bunbury Community Recreation Association Board
BEAC Built Environment Advisory Committee
BESAC Bunbury Environment and Sustainability Advisory Committee
BHRC Bunbury Harvey Regional Council
BPA Bunbury Port Authority
BRAG Bunbury Regional Art Galleries
BRAMB Bunbury Regional Arts Management Board
BREC Bunbury Regional Entertainment Centre
BSSC Big Swamp Steering Committee
BWEA Bunbury Wellington Economic Alliance
Term Explanation
CALM Department of Conservation and Land Management
CBD Central Business District
CCAFF Community Cultural and Arts Facilities Fund
CERM Centre of Environmental and Recreation Management
CPI Consumer Price Index
CSRFF Community Sport and Recreation Facilities Fund
DADAAWA Disability in the Arts Disadvantage in the Arts Australia, Western Australia
DAP Detailed Area Plan (required by WA Planning Commission)
DCU Development Coordinating Unit
DEC Department of Environment and Conservation (formerly CALM)
DEWCP Department for Environment, Water and Catchment Protection
DLI Department of Land Information
DoE Department of Environment
DOLA Department of Land Administration
DoPI Department of Primary Industry
DoW Department of Water
DPI Department for Planning and Infrastructure
DSR Department of Sport and Recreation
DUP Dual-use Path
ECT Enforcement Computer Technology
EDAC Economic Development Advisory Committee
EDWA Education Department of Western Australia
EIA Environmental Impact Assessment
EPA Environmental Protection Authority
ERMP Environmental Review and Management Program
ESL Emergency Services Levy
FESA Fire and Emergency Services Authority
FFL Finished Floor Level
GBPG Greater Bunbury Progress Group
GBRP Greater Bunbury Resource Plan report
GBRS Greater Bunbury Region Scheme
GL Gigalitres
GRV Gross Rental Value
GST Goods and Services Tax
HCWA Heritage Council of Western Australia
ICLEI International Council for Local Environmental Initiatives
ICT Information and Communications Technology
IP Internet Protocol
IT Information Technology
ITC In Town Centre
ITLC Former In-Town Lunch Centre (now the "In Town Centre")
LAP Local Action Plan
LCC Leschenault Catchment Council
LEMC Bunbury Local Emergency Management Committee
LIA Light Industrial Area
LN (2000) Liveable Neighbourhoods Policy (2000)
LSNA Local Significant Natural Area
MHDG Marlston Hill Design Guidelines
MRWA Main Roads Western Australia
NDMP National Disaster Mitigation Program
Term Explanation
NEEDAC Noongar Employment & Enterprise Development Aboriginal Corp.
NRM Natural Resource Management
NRMO Natural Resource Management Officer
ODP Outline Development Plan
PAW Public Access Way
PHCC Peel-Harvey Catchment Council
PR Plot Ratio
R-IC Residential Inner City (Housing) - special density provisions
RDC Residential Design Codes
RDG Residential Design Guidelines
Residential R15 Town Planning Zone – up to 15 residential dwellings per hectare
Residential R20 Town Planning Zone – up to 20 residential dwellings per hectare
Residential R40 Town Planning Zone – up to 40 residential dwellings per hectare
Residential R60 Town Planning Zone – up to 60 residential dwellings per hectare
RFDS Royal Flying Doctor Service
RMFFL Recommended Minimum Finished Floor Levels
ROS Regional Open Space
ROW Right-of-Way
RSL Returned Services League
SBCC South Bunbury Cricket Club Inc.
SCADA Supervisory Control and Data Acquisition
SGDC Sportsgrounds Development Committee
SW South West
SWACC South Western Area Consultative Committee
SWAMS South West Aboriginal Medical Service
SWBP South West Biodiversity Project
SWCC South West Catchments Council
SWDC South West Development Commission
SWDRP South West Dolphin Research Program
SWEL South West Electronic Library
SWSC South West Sports Centre
TME Thompson McRobert Edgeloe
TPS Town Planning Scheme
USBA Union Bank of Switzerland Australia
VGO Valuer General’s Office
VOIP Voice-Over Internet Protocol
WALGA Western Australian Local Government Association
WAPC Western Australian Planning Commission
WAPRES Western Australian Plantation Resources
WAWA Water Authority of Western Australia
WC Water Corporation
WML WML Consultants
WRC Waters and Rivers Commission
Page 1
COUNCIL (STANDING) COMMITTEE MINUTES
Minutes of an Ordinary Meeting of the Council (Standing) Committee held in the Council
Chambers, City of Bunbury Administration Building, 4 Stephen Street, Bunbury on Tuesday,
6 February 2007.
MINUTES 6 February 2007
NOTE: The recommendations listed in this document are not final and are subject to adoption, amendment
(or otherwise) at the Council Meeting of 13 February 2007.
1. DECLARATION OF OPENING BY THE PRESIDING MEMBER
The Presiding Member declared the meeting open at 6.03pm.
2. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE
PRESENT
Council Committee Members
Presiding: His Worship the Mayor, Mr D Smith
Deputy Presiding: Deputy Mayor, Councillor J Jones
Councillor W Lambert
Councillor R Frisina
Councillor A Leigh
Councillor D Wenn
Councillor W Major (arrived 5.05pm - item 3 &
left at 7.00pm - item 11.3)
Councillor T Smith
Councillor L Rose
Councillor T Dillon
Councillor S Craddock
Members:
Councillor S Rooney
Executive Management Team (Non-Voting)
Chief Executive Officer: Mr G Trevaskis
Executive Manager Corporate Services: Mr K Weary
Executive Manager City Development: Mr G Klem
Executive Manager City Services: Mr M Scott
A/Executive Manager City Life: Mr D Marzano
Council Officers (Non-Voting):
Manager Waste Services: Mr T Battersby
Environmental Officer: Mr B Deeley
NRM Officer (WALGA): Ms N Olsen
Administration Officer Corporate Services: Ms D Ryan
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 2
PRESENT (continued)
Others (Non-Voting):
Members of the Public: 3
Members of the Press: 2
APOLOGY
Councillor N McCleary - Leave of Absence (to be approved at Council Meeting of 13 February 2007)
3. RESPONSES TO 'PUBLIC QUESTIONS' FROM THE PREVIOUS COUNCIL
COMMITTEE MEETING (WHERE THEY COULD NOT BE ANSWERED AT
THAT MEETING)
Cr Major arrived at the meeting at this point in time (5.05pm)
Not applicable.
4. PUBLIC QUESTION TIME
Nil.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 3
5. QUESTIONS ON NOTICE FROM MEMBERS OF THE COMMITTEE (WITHOUT
DISCUSSION)
5.1 QUESTION ON NOTICE - ELECTED MEMBERS TO ABSTAIN FROM COUNCIL
IF PRE-SELECTED FOR A STATE OR FEDERAL GOVERNMENT ELECTION
File Ref: A02885
Applicant/Proponent: Councillor Tom Dillon
Author: Councillor Tom Dillon
Executive: If adopted refer to: Greg Trevaskis, Chief Executive Officer
Councillor Dillon submitted the following question:
Question: On 21 November 2006 the Council made a decision calling on the State
Government (per WA Local Government Association) for political candidates
to be required to resign or stand aside from their local authority position once
endorsed as a political candidate. Can the Council please be advised as to the
status of this matter and (if nothing has transpired as yet) can the issue be
included as an agenda item for the forthcoming State Cabinet Meeting to be
held in Bunbury during March 2007?
Response: The Chief Executive Officer has advised the WA Local Government
Association ("WALGA") of Council's decision and requested that this matter
be referred to the WALGA Executive with a recommendation that support be
sought from across the local government industry for amendment to current
legislation. The City is awaiting an official response from WALGA on this
subject.
The State Cabinet Meeting will be an opportunity for Council to present on
major issues affecting the City. It would be preferred if this matter (which
relates to local government in general) could be accepted on an "industry-wide
basis" before it is raised with State Government.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 4
5.2 QUESTION ON NOTICE - BARR ROAD/ECCLESTONE STREET TRAFFIC
STUDY AND OUTCOMES
File Ref: R00030
Applicant/Proponent: Councillor Tom Dillon
Author: Councillor Tom Dillon
Executive: If adopted refer to: Michael Scott, Executive Manager City Services
Councillor Dillon submitted the following question:
Question: In 2006 (at the request of residents including petitioners), the Council decided
to conduct a study into problematic traffic issues relevant to Barr Road. Can
Council now be advised of the outcome of that study and especially:
1. anticipated solutions (with particular emphasis on potential re-routing
of passenger buses away from Barr Road), and;
2. the possibility of implementing a "Local Traffic Only" policy for Barr
Road.
Response: Council was advised that the Barr Road Traffic study was completed and
received by Engineering Services at the end of November 2006. (For
information, a copy of the report has been circulated to members under
separate cover).
The City Engineer has completed a review of the recommendations from the
report which mainly relate to physical installations (four traffic calming
islands) and warning signs designed to slow traffic in the area. An amount of
$180,000 for installation works has been included for Council's determination
in the Engineering Services Works Programme for the coming financial year.
A local traffic area designation is not recommended until an assessment of the
proposed engineering solutions can be made. The bus route had previously
been altered from Ecclestone Street to Barr Road so that buses could bypass
turning at the Ecclestone Street/Brittain Road rotary. The configuration of the
rotary makes it difficult for buses to turn into Ecclestone Street.
Engineering Services has had a discussion with Bunbury Traffic Police and
relayed information relating to the observed speed of vehicles during the study
period.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 5
6. CONFIRMATION OF PREVIOUS MINUTES
COMMITTEE DECISION
Moved Cr Leigh
Seconded Cr Craddock
The minutes of the Council (Standing) Committee Meeting held 5 December 2006, be
confirmed as a true and accurate record.
CARRIED 12 Votes "For" / Nil Votes "Against"
7. DISCLOSURES OF INTEREST UNDER THE LOCAL GOVERNMENT ACT 1995
Cr Jones disclosed an impartiality interest in the item titled “Items to be Noted” as some of
the development and subdivision applications listed in item 9 (authorised by Council Officers
using the delegated authority of the Council), are for properties located in the same street as
her place of residence.
8. ANNOUNCEMENTS BY THE PRESIDING MEMBER (WITHOUT DISCUSSION)
8.1 PRESENTATION - WA LOCAL GOVERNMENT ASSOCIATION "SOUTH WEST
BIODIVERSITY PROJECT"
File Ref: A01981
Applicant/Proponent: Natalie Olsen, Biodiversity Project Manager (WALGA)
Officer: Ben Deeley, Environmental Officer
Executive: Michael Scott, Executive Manager City Services
A plaque was presented to the committee's Presiding Member (His Worship the Mayor - Mr
David Smith) by Ms Natalie Olsen, Biodiversity Project Manager for the Western Australian
Local Government Association. The award recognises the City's involvement in WALGA's
"South West Biodiversity Project".
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 6
9. CHIEF EXECUTIVE OFFICER REPORTS/DISCUSSION TOPICS
9.1 REQUEST FOR LEAVE OF ABSENCE - COUNCILLOR NORM McCLEARY
File Ref: A00215
Applicant/Proponent: Councillor McCleary
Author: Greg Trevaskis, Chief Executive Officer
Executive: Greg Trevaskis, Chief Executive Officer
Summary/Background
Councillor McCleary has requested leave of absence from all Council-related business from
6 to 14 February 2007 (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 consecutive ordinary
meetings of the Council.
EXECUTIVE RECOMMENDATION
Pursuant to Section 2.25 of the Local Government Act 1995, Councillor McCleary is granted
leave of absence from all Council-related business from 6 to 14 February 2007 (inclusive).
OUTCOME OF THE COUNCIL COMMITTEE MEETING - 6 FEBRUARY 2007
The Executive Recommendation was moved Cr Craddock, seconded Cr Leigh and adopted to
become the Committee Recommendation.
COMMITTEE RECOMMENDATION
Pursuant to Section 2.25 of the Local Government Act 1995, Councillor McCleary is
granted leave of absence from all Council-related business from 6 to 14 February 2007
(inclusive).
CARRIED 12 Votes "For" / Nil Votes "Against"
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 7
9.2 REQUEST FOR LEAVE OF ABSENCE - COUNCILLOR WAYNE MAJOR
File Ref: A00215
Applicant/Proponent: Councillor Major
Author: Greg Trevaskis, Chief Executive Officer
Executive: Greg Trevaskis, Chief Executive Officer
Summary/Background
At the meeting, Councillor Major requested leave of absence from all Council-related
business from 19 February to 4 March 2007 (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 consecutive ordinary
meetings of the Council.
OUTCOME OF THE COUNCIL COMMITTEE MEETING - 6 FEBRUARY 2007
Councillor Major's application was moved Cr Dillon, seconded Cr Leigh. It was put to the
vote and adopted to become the Committee's recommendation.
COMMITTEE RECOMMENDATION
Pursuant to Section 2.25 of the Local Government Act 1995, Councillor Major is
granted leave of absence from all Council-related business from 19 February to 4
March 2007 (inclusive).
CARRIED 12 Votes "For" / Nil Votes "Against"
10. RECEPTION OF FORMAL PETITIONS AND MEMORIALS
Nil.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 8
11. RECEPTION OF REPORTS AND RECOMMENDATIONS FROM OFFICERS &
ADVISORY COMMITTEES
11.1 SOUTH WEST BIODIVERSITY PROJECT - LOCAL BIODIVERSITY STRATEGY
FOR THE CITY OF BUNBURY
File Ref: A01981
Applicant/Proponent: Internal Report
Author: Ben Deeley, Environmental Officer
Executive: Michael Scott, Executive Manager City Services
Summary
At its meeting held on 6 July 2006, the Council's Bunbury Environment and Sustainability
Advisory Committee (or "BESAC") made the following recommendation for consideration at
a Council Meeting:
BESAC Recommendation - 6 July 2006
"1. Council to prepare a Local Biodiversity Discussion Paper and Strategy in accordance
with the Local Government Biodiversity Planning Guidelines for the Perth
Metropolitan Region.
2. Council to allocate (in principle) $10,000 from the 2007/2008 Environmental Reserve
Budget to complete Phase Two of the South West Biodiversity Project - for
preparation of the discussion paper.
3. Council to update the Terms of Reference for its Bunbury Environment and
Sustainability Advisory Committee as detailed below, so that the committee may also
perform the function of the South West Biodiversity Project Steering Committee:
'The Bunbury Environment and Sustainability Advisory Committee is to make
recommendations to Council on issues relating to the natural environment and
sustainability issues, based on the following Terms of Reference and input received
from its Working Groups:
a) Develop and review policies and strategies in relation to the development,
management and protection of our coast, inlet, estuary, rivers, wetlands and
associated foreshore environs;
b) Evaluate the implementation of Council’s Sustainability Strategy and make
recommendations to Council for revised strategies, initiatives and
performance monitoring;
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 9
c) Evaluate and review the implementation of the Integrated Open Space
Strategy with specific reference to conservation and biodiversity protection
areas;
d) Review, update and make recommendations for the implementation of the
Coastal Management Plan;
e) Provide representation on the Leschenault Catchment Council and Peel-South
West Coastal Management Group with reference to the South West Natural
Resource Management Strategy;
f) To form working groups (with other invited participants) to investigate
specific issues and strategies in relation to these Terms of Reference;
g) Communicate with and support the activities of ‘Friends of’ groups operating
in partnership alliances with the City of Bunbury;
h) To perform the function of the South West Biodiversity Project Steering
Committee as defined in Local Government Biodiversity Planning Guidelines
for the Perth Metropolitan Region.' "
---------------------
It is proposed that Council now endorse the Bunbury Environment and Sustainability
Advisory Committee’s recommendation.
Background
Biological diversity or ‘biodiversity’ as it is more commonly referred to, is the variety of all
life forms i.e., different plants, animals and micro-organisms as well as the genes they contain
and the ecosystems of which they form a part.
There is a worldwide trend of decreasing biodiversity as development clears natural
ecosystems and introduces new threats to native species and ecosystems.
The conservation of biodiversity is the responsibility of all levels of Government and all
landholders. It is especially important given that the South West Region of Western Australia
comprises one of 34 biodiversity hotspots recognised in the world (refer Conservation
International - 2007).
At the national level, the Federal Government has passed legislation and provides funds for
the conservation of biodiversity.
At the State level, legislation is in place to protect native flora and fauna, conservation estate
lands are managed and the Bush Forever initiative has identified specific sites of regional
significance within the Perth Metropolitan Region that are to be protected.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 10
At the regional level, community-led Natural Resource Management (or "NRM")
organisations (e.g., South West Catchment Council) have produced regional strategies that
have been accredited by the State and Federal Governments. These regional strategies have
been used to allocate Federal and State funds to projects. Local Governments can apply for
funds under the regional strategy to prepare and implement parts of their local biodiversity
strategies.
The City of Bunbury has previously recognised the importance of biodiversity conservation
through various projects and policies including its Sustainability Strategy, Integrated Open
Space Strategy and Habitat Bunbury – Environmental Grants for Schools, although several
fundamental questions still remain, including:
- How much bush or wetland should be retained within the City of Bunbury to ensure
the perpetuity of these assets in ecological terms?
- How much money is required to effectively manage local natural areas to conserve
biodiversity?
- How can the City of Bunbury ensure that it will meet its legal requirements to protect
local natural areas on private and public lands?
- How can the City of Bunbury encourage the protection of bushland and wetlands on
privately owned land?
- How can the City of Bunbury’s Town Planning Scheme and planning policies be
utilised to ensure that significant natural areas are protected?
South West Biodiversity Project
In 2005, the City of Bunbury joined the South West Biodiversity Project (“SWBP”) in order
to answer these questions and to foster a more strategic approach to the management of its
natural areas.
SWBP is an initiative of the Western Australian Local Government Association
(“WALGA”), which aims to assist local governments within the South West Region to
conserve biodiversity through the development of a Local Biodiversity Strategy. The project
is based upon WALGA’s ‘Local Government Biodiversity Planning Guidelines for the Perth
Metropolitan Region’ and has four main phases, through which seven milestones in total are
recognised. Each of the project’s four phases is detailed further below:
Phase 1 - Scoping (Milestone 1)
This involves initiating the local biodiversity planning process with Council to:
- Scope the local biodiversity planning and conservation process
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 11
- Adopt a policy that broadly outlines Council’s commitment and intent to undertake
local biodiversity planning
- Commit resources to complete Phase 2; and
- Form a steering Committee/working group.
Phase 2 - Preparation of Discussion Paper (Milestone 2)
The purpose of the Discussion Paper is to inform all stakeholders of the framework to be used
to develop the Strategy (Phase 3). It is expected that formal public consultation will be
initiated upon completion of a Discussion Paper that addresses the following key outputs:
- Identification, quantification and mapping of the biodiversity resource
- Development of a vision and objectives for the Strategy
- Establishment of Natural Area Condition Targets to formalise the ecological criteria
to be used to identify Local Significant Natural Areas (“LSNA”); and
- Identification of the four key components of a Strategy that will help meet the local
biodiversity targets.
Following community consultation on the Discussion Paper, Council will be able to endorse
specific local biodiversity targets to allow the preparation of the Strategy.
Phase 3 - Preparation of Local Biodiversity Strategy (Milestones 3-6)
An Action Plan is developed at the beginning of this Phase to guide the Strategy’s preparation
and implementation (Phase 4). It will contain detailed information on how the Strategy’s
targets and objectives will be met.
The following are key components of Phase 3:
- Preparing a Local Planning Policy for Biodiversity Conservation
- Preparing a Incentives Strategy for Private Land Conservation
- Planning for the management of biodiversity on Local Government land
- Formalising the protection status of LSNAs
- Endorsing and finalising the Strategy.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 12
The Local Planning Policies dealing with an incentive strategies for private land conservation
and planning for management of Local Government land, provide the process for strategic
assessment of all natural areas (on private and public lands) to determine those that are locally
significant. The assessment of natural areas to determine those that are locally significant
requires completion of a thorough desktop and field assessment utilising information and
natural area assessment templates provided within the Local Biodiversity Planning
Guidelines.
Phase 4 - Implementation of Local Biodiversity Strategy (Milestone 7)
Upon completion of the Strategy there will be a number of new activities and existing policy
and processes that will need to be implemented, these include:
- Staff training and technical support
- Review/amendment of Town Planning Scheme
- Application of Local Planning Policy
- Application of private land biodiversity Incentives Strategy
- Management of Local Government land for biodiversity outcomes
- Monitoring and review of the Strategy.
Flowcharts outlining the process have been attached at Appendices 1 and 2.
To date, the City of Bunbury has commenced the reserve assessment portion of the SWBP,
which comprises part of Phase 3 of the project. The impetus for commencing with this latter
stage of the project was principally in response to the fact that limited information is currently
available on the conservation values of Bunbury’s natural areas. This has become clearly
evident in recent years, as the City of Bunbury has encountered several instances where a lack
of such information has lead to considerable delays in the delivery of projects.
Council has supported the allocation of $20,000 from the 2006/2007 Environmental Reserve
towards the reserve assessments through its 2006/2007 budget deliberations. The City of
Bunbury was successful in securing a further $15,000 towards the project through the SWBP
Targeted Grants Programme. It is envisaged that consultants will complete the reserve
assessments within the next few months.
It should also be noted that the City of Bunbury currently hosts the South West Biodiversity
Project’s Manager and two Project Officers within its Civic Administration Building.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 13
The City of Bunbury looks to commence Phase 2 of the South West Biodiversity Project (the
discussion paper) during 2007/2008.
Project Area for the proposed City of Bunbury Discussion Paper and Local Biodiversity
Strategy
The Local Biodiversity Strategy will focus on ‘Local Significant Natural Areas’ ("LSNA")
within the City of Bunbury that exist outside of the Department of Environment and
Conservation’s ("DEC") managed estate and regional parks i.e., public and private lands.
Natural areas that comprise part of the proposed Ocean-to-Preston River Regional Park
(which runs through The Maidens Reserve and sections of Hay and Manea Parks) are also to
be excluded from the project, as it is likely that these areas will be transferred to DEC’s
conservation estate in the future.
The term ‘natural area’ is used in biodiversity planning to describe an area that contains
native species or communities in a relatively natural state and hence contains biodiversity.
Natural areas can be areas of native vegetation, vegetated or open water bodies (lakes,
swamps), or waterways (rivers, streams, creeks), estuaries, springs, rock outcrops, bare
ground (generally sand or mud), caves, coastal dunes or cliffs (adapted from Environmental
Protection Authority 2003a). Note that natural areas exclude parkland cleared areas, isolated
trees in cleared settings, ovals and turfed areas.
As ecosystems are not restricted to administrative boundaries, the project will also consider
the relationships of Bunbury’s Local Natural Areas to other natural areas at the regional,
national and international level.
Broad Description of Natural Areas in the City of Bunbury
Whilst the amount of biodiversity in the City of Bunbury cannot be easily measured, statistics
on natural areas, such as the amount of native vegetation and wetlands and the condition of
these provide an indicative measure of the state of biodiversity at a regional scale. For
example, the City of Bunbury is known to contain the following:
- Remnant native vegetation - 1,043 hectares
- Wetland (includes estuarine environs) - 2,519 hectares of which 612 hectares (or 25%)
is considered to be of conservation significance
- Threatened fauna species (includes avian species) - 15
- Threatened flora species - 5
- Threatened Ecological Communities ("TEC's") - 4 (all of which are considered to be
‘Vulnerable’ although it is likely that one of these namely Hay Park, will be upgraded
to ‘Critically Endangered’ in the near future).
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 14
Statistics such as these however, are based at a regional scale and have limited value in
decision-making on a reserve-by-reserve basis. A Local Biodiversity Strategy will assist in
making informed management decisions in the future by providing for the development of
specific management plans for Bunbury’s Locally Significant Natural Areas.
Statutory Environment
The preparation of a Local Biodiversity Strategy will enable the City of Bunbury to
proactively address the requirements of the following pieces of legislation as they relate to
biodiversity conservation:
- Commonwealth Environment Protection and Biodiversity Conservation Act 1999
- WA Wildlife Conservation Act 1950
- WA Environmental Protection Act 1986
- WA Environmental Protection (Clearing of Native Vegetation) Regulations 2004
The conservation of biodiversity is also a relevant factor in the application of the Planning
and Development Act 2005 and the City of Bunbury’s Town Planning Scheme.
Once prepared, parts of a Local Biodiversity Strategy will need to be incorporated into the
City of Bunbury’s Town Planning Scheme to have effect and standing in town planning
processes. This will require the approval of the Western Australian Planning Commission.
Local Biodiversity Strategies are proposed under the draft Statement of Planning Policy 2.8:
Bushland Policy for the Perth Metropolitan Region (a policy under Section 25 of the Planning
and Development Act 2005).
A Local Planning Policy is recommended as a component of a Local Biodiversity Strategy
and will be prepared congruent with Part 2 of the Town Planning Amendment Regulations
1999.
State Government environmental policies that will be addressed in a Local Biodiversity
Strategy include:
- Environmental Protection Authority (EPA) Guidance Statement No. 10: Guidance for
the Assessment of Environmental Factors – Level of assessment for proposals
affecting natural areas within the System 6 region and Swan Coastal Plain portion of
the System 1 region (Environmental Protection Authority 2003a)
- EPA Guidance Statement No. 33 (Draft): Policies, Guidelines and Criteria for
Environmental Impact Assessment - Guidelines for Environment and Planning
(Environmental Protection Authority 1997)
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 15
- Forest Management Plan 2004 – 2013 (Conservation Commission 2003)
- System 6 report (Department of Conservation & Environment 1983) and the System 6
Update program (Department of Environmental Protection unpub. 1996)
- Wetlands Conservation Policy for Western Australia (Government of Western
Australia 1997)
- EPA Position Statement No. 4: Environmental Protection of Wetlands (Environmental
Protection Authority 2001)
- EPA Position Statement No 2: Environmental Protection of Native Vegetation in
Western Australia (Environmental Protection Authority 2000b)
- State Weed Plan (State Weed Plan Steering Group 2001);
- Draft Policy Statement No. 9 Conserving Threatened Species and Ecological
Communities (Department of Conservation and Land Management 2003a)
- EPA Guidance Statement No. 51: Guidance for the Assessment of Environmental
Factors – Terrestrial flora and vegetation surveys for environmental impact
assessment in Western Australia. (Draft) (Environmental Protection Authority 2003c)
- EPA Guidance Statement No. 56: Guidance for the Assessment of Environmental
Factors – Terrestrial fauna surveys for environmental impact assessment in Western
Australia. (Draft) (Environment Protection Authority 2003d)
- Western Australian State Sustainability Strategy (Government of Western Australia
2003a)
- Environment and Natural Resources Statement of Planning Policy No. 2 (Government
of Western Australia 2003b)
- Public Drinking Water Source Policy Statement of Planning Policy No. 2.7
(Government of Western Australia 2003g).
- Development Control Policy No. 2.3 Public Open Space in Residential Areas
(Western Australian Planning Commission 2002)
- Position Statement: Wetlands. (Water and Rivers Commission 2001)
- Wildlife Conservation (Rare Flora) Notice 2001 (Government of Western Australia
2001b)
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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- Wildlife Conservation (Specially Protected Fauna) Notice 2001 (Government of
Western Australia 2001c)
- Statement of Planning Policy No. 2.6: State Coastal Planning Policy (Government of
Western Australia 2003c).
Bunbury Environment and Sustainability Advisory Committee
The Bunbury Environment and Sustainability Advisory Committee (“BESAC”) superseded
the Bunbury Coastal and Foreshore Management Advisory Committee following a decision
made at the Council Meeting on 2 March 2004. BESAC comprises representatives from the
community, Council, State agencies and City staff and has a key role in providing advice and
policy direction to Council on a broad range of issues pertaining to natural resource
management and sustainability.
At its meeting on 6 July 2006, BESAC made a recommendation to Council that the City of
Bunbury prepare a Local Biodiversity Discussion Paper and Strategy, allocate funds and
change BESAC's Terms of Reference to allow the committee to perform the functions of the
South West Biodiversity Project Steering Committee (a copy of the full recommendation is
listed under the heading of "Summary" at the beginning of this report).
It is now proposed that Council endorse the Bunbury Environment and Sustainability
Advisory Committee’s recommendation.
Strategic and/or Regional Outcomes
The Strategy will place the City of Bunbury in a much stronger position when assessing
developments, rezonings and structure plans. Given that the Strategy will clearly articulate
targets for protection of natural areas, Council will be able to demonstrate how biodiversity is
being conserved over the long-term to State decision makers and the public.
The Strategy will also provide clearer pathways for development by identifying important
natural areas at the earliest possible stage, hence avoiding unnecessary time delays.
The preparation of a Local Biodiversity Strategy as described is consistent with the City of
Bunbury’s Sustainability Strategy, which was endorsed by Council on 12 August 2003
(Decision No. 220/03) and will contribute considerably towards achieving the following goal:
"Recognise the importance of roadsides and areas of remnant vegetation in maintaining the
City’s diverse natural environment and provide for their conservation’ stipulated in the
Sustainability Strategy.
Community Consultation
Involvement of the community is important to ensure that the Strategy is widely understood
and accepted by the local community.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 17
Formal community consultation will occur once the Discussion Paper has been finalised.
The community’s existing involvement in management of local bushland and other natural
areas will be strengthened by the Strategy. The Strategy will identify priorities for
management of local reserves based on biodiversity values and this should complement (not
replace) existing work by community groups.
The Bunbury Environment and Sustainability Advisory Committee was briefed on the project
on 6 April and 6 July 2006. It is proposed that Council update the committee’s Terms of
Reference so that the committee may function as the Steering Committee for the South West
Biodiversity Project as defined in the Local Government Biodiversity Planning Guidelines.
The role of the Steering Committee is to provide overall strategic advice to the City of
Bunbury on technical and consultative issues that arise during the local biodiversity planning
process.
Councillor/Officer Consultation
His Worship the Mayor, Councillor Shane Rooney and the City of Bunbury’s Environmental
Officer were in attendance at the BESAC meetings held on 6 April and 6 July 2006.
The Executive Manager City Services has also been kept informed of the project’s progress.
Analysis of Financial and Budget Implications
It is requested that Council endorse (in principle) the allocation of $10,000 from its
2007/2008 Environmental Reserve Budget towards Phase 2 of the South West Biodiversity
Project. Council will reconsider this matter during the Five Year Plan review and 2007/2008
budget deliberation processes.
Economic, Social, Environmental and Heritage Issues
No adverse economic, social, environmental or heritage issues are thought likely to arise as a
result of the Executive Recommendation.
Council Policy Compliance
The Executive Recommendation does not contravene any Council policy.
Legislative Compliance
The Executive Recommendation does not have any statutory implications.
Delegation of Authority
No delegation of authority is required or requested.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 18
Relevant Precedents
Council is required to consider recommendations made by its Advisory Committees.
Options
Option 1
Per the Executive Recommendation listed in this report.
Option 2
Council may elect not to endorse the Executive Recommendation.
Conclusion
Option 2 is not supported as endorsement of the Executive Recommendation will provide for
completion of Phases 1 and 2 of the South West Biodiversity Project, which are precursors to
the development of a Local Biodiversity Strategy during subsequent stages of the project.
Completion of Phases 1 and 2 of the SWBP will also result in the City being awarded two
corresponding Biodiversity Milestone Awards from WALGA at Local Government Week.
This will further establish the City of Bunbury as a regional leader in the field of biodiversity
management and conservation in the eyes of its Local Government peers.
EXECUTIVE RECOMMENDATION
1. The City of Bunbury to prepare a Local Biodiversity Discussion Paper and Strategy in
accordance with the Local Government Biodiversity Planning Guidelines for the Perth
Metropolitan Region.
2. Council authorises (in principle) the allocation of $10,000 from the 2007/2008
Environmental Reserve Budget to complete Phase 2 of the South West Biodiversity
Project i.e., preparation of the Discussion Paper.
3. Council to update the Terms of Reference for the Bunbury Environment and
Sustainability Advisory Committee so that the committee may function as the South
West Biodiversity Project Steering Committee:
“The Bunbury Environment and Sustainability Advisory Committee is to make
recommendations to Council on issues relating to the natural environment and
sustainability issues, based on the following Terms of Reference and input received
from its Working Groups:
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 19
a) Develop and review policies and strategies in relation to the development,
management and protection of our coast, inlet, estuary, rivers, wetlands and
associated foreshore environs;
b) Evaluate the implementation of Council’s Sustainability Strategy and make
recommendations to Council for revised strategies, initiatives and
performance monitoring;
c) Evaluate and review the implementation of the Integrated Open Space
Strategy with specific reference to conservation and biodiversity protection
areas;
d) Review, update and make recommendations for the implementation of the
Coastal Management Plan;
e) Provide representation on the Leschenault Catchment Council and Peel-South
West Coastal Management Group with reference to the South West Natural
Resource Management Strategy;
f) To form working groups (with other invited participants) to investigate
specific issues and strategies in relation to these Terms of Reference;
g) Communicate with and support the activities of ‘Friends of’ groups operating
in partnership alliances with the City of Bunbury;
h) To perform the function of the South West Biodiversity Project Steering
Committee as defined in Local Government Biodiversity Planning Guidelines
for the Perth Metropolitan Region”.
OUTCOME OF THE COUNCIL COMMITTEE MEETING - 6 FEBRUARY 2007
The City's Environmental Officer, Ben Deeley, responded to questions from committee
members.
The Executive Recommendation was moved Cr Major, seconded Cr Rooney and adopted to
become the Committee Recommendation.
COMMITTEE RECOMMENDATION
1. The City of Bunbury to prepare a Local Biodiversity Discussion Paper and
Strategy in accordance with the Local Government Biodiversity Planning
Guidelines for the Perth Metropolitan Region.
2. Council authorises (in principle) the allocation of $10,000 from the 2007/2008
Environmental Reserve Budget to complete Phase 2 of the South West
Biodiversity Project i.e., preparation of the Discussion Paper.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 20
3. Council to update the Terms of Reference for the Bunbury Environment and
Sustainability Advisory Committee so that the committee may function as the
South West Biodiversity Project Steering Committee:
“The Bunbury Environment and Sustainability Advisory Committee is to make
recommendations to Council on issues relating to the natural environment and
sustainability issues, based on the following Terms of Reference and input received
from its Working Groups:
a) Develop and review policies and strategies in relation to the development,
management and protection of our coast, inlet, estuary, rivers, wetlands and
associated foreshore environs;
b) Evaluate the implementation of Council’s Sustainability Strategy and make
recommendations to Council for revised strategies, initiatives and
performance monitoring;
c) Evaluate and review the implementation of the Integrated Open Space
Strategy with specific reference to conservation and biodiversity protection
areas;
d) Review, update and make recommendations for the implementation of the
Coastal Management Plan;
e) Provide representation on the Leschenault Catchment Council and Peel-
South West Coastal Management Group with reference to the South West
Natural Resource Management Strategy;
f) To form working groups (with other invited participants) to investigate
specific issues and strategies in relation to these Terms of Reference;
g) Communicate with and support the activities of ‘Friends of’ groups
operating in partnership alliances with the City of Bunbury;
h) To perform the function of the South West Biodiversity Project Steering
Committee as defined in Local Government Biodiversity Planning
Guidelines for the Perth Metropolitan Region”.
CARRIED 9 Votes "For" / 3 Votes "Against"
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 21
11.2 TRAFFIC MANAGEMENT SIGNS AND DEVICES FOR EVENTS - INSTRUMENT
OF AUTHORISATION
File Ref: R00554
Applicant/Proponent: Main Roads WA
Author: Stewart Parkinson, Acting City Engineer
Executive: Michael Scott, Executive Manager City Services
Summary
In conjunction with the Traffic Management for Events Advisory Group, Main Roads WA
has recently introduced the ‘Traffic Management for Events Code of Practice’ which details
the administrative, legal and technical requirements for the safe and effective management of
traffic at events.
In order for Council to approve and undertake the use of temporary traffic signs for events, it
has to be an ‘Authorised Body’. This can be achieved through signing an Instrument of
Authorisation (as provided by Main Roads WA).
Background
The Commissioner of Main Roads has the authority to erect road signs, traffic control signals
and other devices under Regulation 297(1) of the Road Traffic Code 2000. The
Commissioner can delegate this authority to Authorised Bodies under Regulation 297(2) of
the Code, subject to any conditions specified in the Instrument of Authorisation. Local
Governments do not have the authority to erect traffic signs, traffic control signals and other
traffic devices either temporarily or permanently, unless such authority has been delegated to
them.
The Instrument of Authorisation is additional to, and does not replace, the Instrument of
Authorisation for road signs and devices at road works (which Council has previously
signed). Local Governments would need to be authorised under both Instruments of
Authorisation in order to use road signs and devices for both works on roads and for events.
Strategic and/or Regional Outcomes
Council has exercised this authority for many years. Signing of the Instrument of
Authorisation maintains the status quo.
Community Consultation
No consultation is necessary.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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Councillor/Officer Consultation
Engineering Services Officers were consulted on this matter and support the signing of the
Instrument of Authorisation.
Analysis of Financial and Budget Implications
There are no budgetary implications to consider.
Economic, Social, Environmental and Heritage Issues
There are no known Economic, Social, Environment or Heritage issues.
Council Policy Compliance
There is no Council policy relative to this matter.
Legislative Compliance
The Instrument of Authorisation must be signed by the City so that City employees can
undertake the installation of road signs and traffic devices at events and to authorise traffic
management plans of others installing road signs and devices for events on Council
controlled road reserves.
Delegation of Authority
The Chief Executive Officer does not have the delegated authority of the Council to sign the
Instrument of Authorisation.
Relevant Precedents
At its meeting on 21 December 2004 (Council Decision 385/04) Council authorised the Chief
Executive Officer to sign the Road Traffic Code Instrument of Authority.
Conclusion
Signing of the Instrument of Authorisation formalises previous Council action in regard to
approving and undertaking traffic management for events on roads.
Options
Option 1
Per the Executive Recommendation listed in this report.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 23
Option 2
Council can elect to reject the signing of the Road Traffic Code 2000 ‘Traffic Management
for Events’ Instrument of Authorisation by the Chief Executive Officer.
Note: This course of action is not recommended, as Council and community arranged events
will be adversely affected.
EXECUTIVE RECOMMENDATION
Council approve the signing of the Road Traffic Code 2000 ‘Traffic Management for Events’
Instrument of Authorisation by the Chief Executive Officer.
OUTCOME OF THE COUNCIL COMMITTEE MEETING - 6 FEBRUARY 2007
Prior to any discussion taking place on this matter, the Executive Manager of City
Development indicated that the document requires some further review before a final decision
of Council is made.
Accordingly, a procedural motion to have the matter referred back to committee was moved
by Cr Craddock (no seconder required). This procedural motion stopped all discussion and
was put to the vote immediately where it was defeated 4 votes "for" to 8 votes "against".
Discussion resumed and concluded with the Mayor's advice that the committee should adopt
the Executive Recommendation as printed, as this will give the Executive Manager of City
Development and his officers one week in which to review the document and (if necessary)
submit an alternative recommendation for consideration at the Council Meeting on
13 February 2007.
The Executive Recommendation was moved Cr Dillon, seconded Cr Major and adopted to
become the Committee Recommendation.
COMMITTEE RECOMMENDATION
Council approve the signing of the Road Traffic Code 2000 ‘Traffic Management for
Events’ Instrument of Authorisation by the Chief Executive Officer.
CARRIED 10 Votes "For" / 2 Votes "Against"
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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11.3 BIG SWAMP WILDLIFE PARK STEERING COMMITTEE VACANCY
File Ref: A00143
Applicant/Proponent: Internal Report
Author: Grant Bilton, Technical Officer Parks & Urban Design
Executive: Michael Scott, Executive Manager City Services
Summary
The Big Swamp Wildlife Park Steering Committee recently advertised for new committee
members. This was necessary due to the resignations of three (3) community committee
members Jason Gick, Lia Barnet and Neville Wilkins and one (1) Council representative (i.e.,
Councillor Wayne Major resigned in September 2006).
A nomination has been received from Mr Barry Halligan to fill one of the community
member positions on the committee.
Councillor Judy Jones has expressed an interest in joining Councillors Linda Rose and Shane
Rooney as a Council representative on the committee.
Mr Halligan is a retired former employee of the Department of Environment and has a strong
interest in the future of the Wildlife Park. His knowledge would be of great value to the other
members of the committee.
Background
The Big Swamp Wildlife Park Steering Committee (which superseded the Big Swamp
Wildlife Park Working Group) was established to comprise three councillors, up to six
community members and other ex-officio non-voting members from government agencies
such as the Department of Environment and Conservation. The committee operates under the
following Terms of Reference:
1. To refine and develop a clear proposal based on the broad working model defined
within the initial ‘Future Directions’ facilitators report for an integrated environmental
community education resource centre bringing the environment and community
together at the existing Wildlife Park facility;
2. To work in partnership with a wide range of stakeholders including community,
business and government to gain necessary financial and other support for the delivery
of an integrated environmental community education resource centre;
3. Present an agreed model that is broadly accepted by the community, which has a
clearly defined independent funding revenue;
4. To prepare a business plan and associated management and marketing documents for
implementation of the preferred model;
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 25
5. Facilitate the integration, development and marketing of the preferred model that will
blend the existing wildlife component of the Park with the broader environmental
initiatives being implemented within Bunbury and the southwest, with a strong focus
on community involvement and ownership;
6. To liaise with existing ‘Friends of’ groups and community groups to investigate
specific issues and strategies in relation to the Big Swamp Wildlife Park Steering
Committee Terms of Reference.
Strategic and/or Regional Outcomes
The committee's structure and Terms of Reference satisfy Council’s Strategic Plan in working
towards a preferred viable delivery model that facilitates the provision of an integrated
environmental community education and resource centre, bringing the community and
environment together at the existing Wildlife Park facility. It is recognised that this
committee has the potential to provide for significant cultural, social and environmental
improvements for the community of Bunbury and the South West.
Community Consultation
The vacancies for community members on this committee were advertised in locally
circulating news publications.
Councillor/Officer Consultation
Councillors were given the opportunity to nominate for representation on the Committee.
Analysis of Financial and Budget Implications
Funding for development of the Big Swamp Wild Life Park is included as part of normal
Council budget deliberations.
Economic, Social, Environmental and Heritage Issues
Economic, Social and Environmental Issues
Refer to the "Strategic/Regional Outcomes" heading above. The committee's role is to refine
and develop a clear proposal for an integrated environmental community education resource
centre at the Wildlife Park that will bring the environment and community together.
Heritage Issues
There are no heritage issues to consider at this stage.
Council Policy Compliance
No Council policies apply to the appointment of members to committees.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 26
Legislative Compliance
Section 5.10(1) of the Local Government Act 1995 stipulates that appointment of members to
committees of the Council is to be by way of a formal Council decision (an absolute majority
vote is required).
Delegation of Authority
The Chief Executive Officer cannot be delegated the authority to approve matters requiring
an absolute majority vote of the Council.
Relevant Precedents
Council has previously resolved to approve new members to its committees.
Options
Option 1
Per the Executive Recommendation listed in the report.
Option 2
Council may elect to reject appointment of members to the Committee at this time and
re-advertise the vacancies for community members on the committee.
Conclusion
The Big Swamp Wildlife Park Steering Committee is an enthusiastic group. Its members
keenly contribute to the future development of the Wildlife Park. Council’s endorsement of
two new committee members (i.e., Councillor Jones and Mr Barry Halligan) to fill vacant
positions, will bring further committed and knowledgeable members to the committee.
EXECUTIVE RECOMMENDATION
1. Council appoints Councillor Judy Jones to the Big Swamp Wildlife Park Steering
Committee.
2. Council appoints Mr Barry Halligan to the Big Swamp Wildlife Park Steering
Committee.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 27
OUTCOME OF THE COUNCIL COMMITTEE MEETING - 6 FEBRUARY 2007
The Executive Recommendation was moved Cr Dillon, seconded Cr T Smith.
Cr Major left the meeting at this point in time (7.00pm) and was absent for the vote on this
matter.
COMMITTEE RECOMMENDATION
1. Council appoints Councillor Judy Jones to the Big Swamp Wildlife Park
Steering Committee.
2. Council appoints Mr Barry Halligan to the Big Swamp Wildlife Park Steering
Committee.
CARRIED 11 Votes "For" / Nil Votes "Against"
NOTE: AN ABSOLUTE MAJORITY VOTE WILL BE REQUIRED AT THE COUNCIL
MEETING.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 28
11.4 ROAD RE-SEALING PROGRAMME - TENDER 2006/2007-21
File Ref: A02867
Applicant/Proponent: Internal Report
Author: Stewart Parkinson, Acting City Engineer
Executive: Michael Scott, Executive Manager City Services
Summary
This report is provided for the selection of a suitable contractor to undertake the annual road
re-sealing programme.
Background
Tenders for the re-sealing of sealed roads closed on 21 December 2006 and were opened by
the Acting Senior Engineer and the City's Contracts Coordinator.
The Tender was advertised in the South Western Times on 1 December 2006 with a statutory
submission period of fourteen (14) days. Tenders closed at 3.00pm on 21 December 2006.
Two (2) tenders were received from:
1. Malatesta Road Paving and Hotmix, Lot 2 South West Highway, Bunbury
2. Pioneer Road Services, Lot 6 Harris Road, Picton
A Tender Evaluation Panel consisting of the Acting City Engineer and Works Coordinator
assessed the tenders.
The tenders were evaluated using the non-weighted price method as recommended by the
Local Government Purchasing and Tender Guide. Each tender was assessed for compliance,
qualitative criteria and price.
A confidential report containing price information, qualitative criteria ranking and summary
has been circulated to members under separate cover.
Compliance Criteria
The compliance criteria required each tenderer to supply the following information:
- Ability to undertake the works within the time frame required
- Financial stability
- Insurance
Both tenders met the compliance criteria.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 29
Qualitative Criteria
Both tenders were assessed against the qualitative criteria, which were:
Weighting
a) Standard of Tender Submission
- Have you complied with the Conditions of Tendering in this Request?
- Will you be able to comply with the time frame for commencing works?
- Have you complied with and completed the Price Schedule? 10%
b) Quality Systems (description of in-house quality system) 25%
c) Understanding (of the required task) 15%
d) Demonstrated experience (with similar projects) 50%
TOTAL: 100%
Price
The tender is a schedule of rates tender. Indicative quantities were provided in the tender
document to enable an indicative total price to be provided. The figures are included in the
report provided under separate cover.
Strategic and/or Regional Outcomes
Acceptance of the Executive Recommendation is consistent with Council’s Strategic Plan and
will “facilitate the provision of engineering services in the design and construction of capital
works and the maintenance of civil works and related infrastructure”.
Community Consultation
The tender was advertised for public information as required under legislation.
Councillor/Officer Consultation
Tender specifications were developed in consultation with operational and design staff
involved in re-sealing work.
Analysis of Financial and Budget Implications
The City's Capital Works Budget for the re-sealing programme is $216,000. The tendered
rates will allow the scope of works to be completed within budget.
A list of additional roads has been identified should surplus funds become available after the
planned programme has been completed.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 30
Economic, Social, Environmental and Heritage Issues
Economic and Social Issues
The recommended company is located in Bunbury so the contract will benefit employment
opportunities in the region. Awarding the contract will result in improved visual amenity and
infrastructure facilities for the Bunbury community and tourists.
Heritage and Environmental Issues
There are no known issues to consider.
Council Policy Compliance
The tender process complies with the requirements of Work Procedure WP/4.6 (Tender
Procedure).
Legislative Compliance
Advertising and processing of tenders has been conducted in accordance with the Local
Government (Functions and General) Regulation 1996, Part 4 – Tenders for Providing Goods
or Services (s3.57).
Delegation of Authority
The total cost of the contracts exceeds the value of $50,000. The contracts have been dealt
with in accordance with the Local Government (Functions and General) Regulations 1996,
Part 4 – “Tenders for Providing Goods or Services” (s3.57) and now need to be considered by
Council.
Relevant Precedents
Previous tenders have been referred to Council for determination.
Conclusion
Pioneer Road Services is the contractor currently undertaking re-sealing for the City and is
the preferred tenderer in this instance. The company has fulfilled its requirements under the
previous tender to the satisfaction of the City of Bunbury.
Options
Option 1
Per the Executive Recommendation listed in this report.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 31
Option 2
Council can elect to reject all tenders received and re-advertise.
EXECUTIVE RECOMMENDATION
Council to undertake the following with respect to Tender 2006/2007-21 for the City's Road
Re-sealing Programme:
1. Accept the tender from (and enter into a contract with) Pioneer Road Services.
2. Record the successful tender price in the Council Minutes.
OUTCOME OF THE COUNCIL COMMITTEE MEETING - 6 FEBRUARY 2007
Members asked questions of the Executive Manager of City Services and generally agreed
that they would like some additional information before making a decision.
Cr Dillon moved a procedural motion (no seconder required) that the matter be referred back
to committee. The motion was defeated 1 vote "for" to 10 votes "against".
Cr Wenn then moved (and Cr Leigh seconded) the Executive Recommendation
recommending appointment of Pioneer Road Services.
Before the motion could be put to the vote, Cr T Smith foreshadowed that he will move a new
motion recommending appointment of the other tenderer - Malatesta Road Paving and
Hotmix.
The motion (recommending Pioneer) was put the vote and defeated 4 votes "for" to 7 votes
"against".
For: Mayor D Smith & Crs Leigh, Lambert & Wenn
Against: Crs T Smith, Jones, Dillon, Craddock, Rooney, Frisina & Rose
Cr T Smith moved (Cr Dillon seconded) the foreshadowed motion recommending
appointment of Malatesta Road Paving and Hotmix. This motion was put to the vote and
defeated 5 votes "for" to 6 votes "against".
For: Mayor D Smith & Crs Rooney, Dillon, Jones & T Smith
Against: Crs Leigh, Craddock, Frisina, Rose, Lambert & Wenn
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 32
The Mayor then called on the Executive Manager of City Services to prepare a new report for
consideration at the Council Meeting on 13 February 2007. The report is to address concerns
raised by committee members, such as:
- How is the local preference policy calculated as both companies are 'local' companies
but the recommended tenderer appears to be a branch of a much larger multi-national
corporation?
- Why is there such a large difference between the traffic management costs quoted by
each tenderer?
- Has the recommended tenderer quoted sufficiently to cover advertising/public
notification costs for the project?
A procedural motion was again moved Cr Lambert and seconded Cr Wenn, referring the
matter back to committee for further consideration. The motion was adopted to become the
Committee's recommendation on this matter.
COMMITTEE RECOMMENDATION
Tender 2006/2007-21 for the City's Road Re-sealing Programme, be referred back to
committee for further consideration.
CARRIED 8 Votes "For" / 3 Votes "Against"
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 33
11.5 TENDER 2006/2007-19 FOR SUPPLY OF ONE ROAD SWEEPER AND ONE
COMPACT PAVEMENT SWEEPER
File Ref: A00748
Applicant/Proponent: Internal Report
Author: Tony Battersby, Manager Waste Services
Executive: Michael Scott, Executive Manager City Services
Summary
This report provides information for the selection of a company or companies for the supply
of one (1) new road sweeper and one (1) new compact pavement sweeper.
Background
Tenders for the supply of one road sweeper and one compact pavement sweeper closed at
3.00pm on Thursday, 14 December 2006 and were opened by the City's Contracts
Coordinator and Manager of Waste Services.
Tenders were received from:
1. Wel-Quip, 17 Mercantile Way, Malaga, WA, 6945
2. MacDonald Johnston, 239 Collier Road Bayswater, WA, 6053
3. Rosmech, 30 Stanbel Road, Salisbury Plain, SA, 5109
4. Nilfisk - Advance, 48 Egerton Street, Silverwater, NSW, 2128
A Tender Evaluation Panel was established to assess submissions. The Panel consisted of: the
Manager Waste Services, Waste Services Supervisor and Waste Services Administration
Officer.
The tender was evaluated using the non-weighted price method as recommended by the Local
Government Purchasing and Tender Guide. Each tender was assessed for compliance, scored
against qualitative criteria and evaluated against value for money criteria.
A confidential report containing price and qualitative criteria information has been provided
under separate cover.
Compliance Criteria
The compliance criteria required each supply tenderer to submit the following evidence:
- confirmation the sweepers offered meets the specifications, and;
- ability to supply within the required timeframes.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 34
Qualitative Criteria
All supply tenders were assessed against the following Qualitative Criteria weightings:
Qualitative Criteria Weighting
Cost of servicing and depreciation 35%
Warranty 5%
Ease of daily / scheduled maintenance 5%
Ease of use / operational suitability 20%
Operator comfort / occupational safety and
health requirements
15%
Service Centre location, hours of operation
and availability to supply spare parts in a
timely manner
15%
Delivery timetable 5%
TOTAL:
100%
Strategic and/or Regional Outcomes
Acceptance of the Executive Recommendation listed in this report would be consistent with
Council’s Strategic Plan 2002-2007 as it will “facilitate the provision of waste services to the
Ratepayers of the City of Bunbury".
Community Consultation
The tender was advertised in The West Australian on Wednesday, 29 November 2006 and the
South Western Times on Thursday, 30 November 2006 in accordance with the Local
Government Act 1995.
Councillor/Officer Consultation
Tender specifications were developed in consultation with operational staff involved in the
use of the road sweeper and the compact pavement sweeper. Staff inspected similar road
sweepers and compact pavement sweepers at the City of Perth, City of Stirling and the City of
Mandurah. Operational staff involved with the road and pavement sweeping at each of the
local governments were also consulted on the operational suitability of each machine.
Analysis of Financial and Budget Implications
A budget allocation for the purchase of one (1) road sweeper and one (1) compact pavement
sweeper has been allowed for in the 2006/2007 Waste Services Plant Replacement Budget.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 35
Economic, Social, Environmental and Heritage Issues
Economic
No adverse economic issues are thought likely to arise as a result of the Executive
Recommendation.
Environmental
The removal of litter, debris and sediment from the City’s streets, car parks and footpaths will
improve the local environment and reduce the amount of sediment entering the estuary and
local waterways. The sweepers comply with emission standards and relevant environmental
requirements.
Social
The awarding of the street sweeping contract will result in improved visual amenity and
infrastructure facilities for the Bunbury community and tourists. It will work toward
enhancing the sense of place and the social values of the City of Bunbury.
Heritage
There are no known heritage issues.
Council Policy Compliance
The Tender process complies with the requirements of Work Procedure WP4.6 (Tender
Procedure).
Legislative Compliance
The calling of tenders was undertaken in the accordance with the provisions of the Local
Government Act 1995 and the Local Government (Functions and General) Regulations 1996.
Delegation of Authority
As the tender exceeds $50,000 it has been submitted to Council for approval.
Relevant Precedents
Previous tenders have been referred to Council for determination.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 36
Options
Option 1
Per the Executive Recommendation.
Option 2
The Council may elect to reject all tenders and re-advertise the tender.
Conclusion
From the information provided and the assessment process undertaken, the Tender Evaluation
Panel believes the Executive Recommendation will provide the City with the most suitable
vehicles.
EXECUTIVE RECOMMENDATION
With regard to Tender 2006/2007-19 for supply of one (1) road sweeper and one (1) compact
pavement sweeper:
1. Council accepts the tender from Macdonald Johnston for the purchase of one (1) road
sweeper Model VT605 on Hino Ranger Pro-7 with the option as specified in the
submitted tender.
2. Council accepts the tender submission from Macdonald Johnston for the purchase of
one (1) Compact Pavement Sweeper Model CN100 Sub Compact Sweeper with
options as specified in the submitted tender.
3. The successful tender price to be recorded in the Council Meeting minutes of
13 February 2007.
OUTCOME OF THE COUNCIL COMMITTEE MEETING - 6 FEBRUARY 2007
The City's Manager of Waste Services gave committee members an overview of the types of
machines involved in this tender and the reasons for their selection. He then responded to
questions.
The Executive Recommendation was moved Cr Dillon, seconded Cr Leigh and adopted to
become the Committee Recommendation.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 37
COMMITTEE RECOMMENDATION
With regard to Tender 2006/2007-19 for supply of one (1) road sweeper and one (1)
compact pavement sweeper:
1. Council accepts the tender from Macdonald Johnston for the purchase of one (1)
road sweeper Model VT605 on Hino Ranger Pro-7 with the option as specified in
the submitted tender.
2. Council accepts the tender submission from Macdonald Johnston for the
purchase of one (1) Compact Pavement Sweeper Model CN100 Sub Compact
Sweeper with options as specified in the submitted tender.
3. The successful tender price to be recorded in the Council Meeting minutes of
13 February 2007.
CARRIED 11 Votes "For" / Nil Votes "Against"
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 38
11.6 BUNBURY-SETAGAYA SISTER CITIES COMMITTEE - MEMBERSHIP
NOMINATION
File Ref: A00443
Applicant/Proponent: Internal Report
Author: Sandra Goerling, Sister City Officer
Executive: Dom Marzano, Acting Executive Manager City Life
Summary
Pauline Vukelic has nominated for appointment to the Bunbury-Setagaya Sister Cities
Committee. The addition of further members to the committee is permitted under its Terms
of Reference i.e., a maximum of twelve community members allowable - currently, there are
only ten.
Ms Vukelic will ensure the committee has a quorum present at each meeting and bring a
range of experience to the committee. The committee supports the new appointment.
Background
The Bunbury-Setagaya Sister Cities Committee comprises two (2) councillors and up to
twelve (12) community representatives. The committee makes recommendations to Council
based on the following Terms of Reference:
- To publicise and educate the Bunbury community on its Sister City relationship with
the City of Setagaya through active promotional programmes and liaison with
community, educational and commercial organisations.
- To encourage the development of special links between individuals and interest
groups of the two communities.
- To encourage and plan for cross-cultural visitations between the Cities of Bunbury
and Setagaya.
- To identify opportunities to develop areas of mutual interest between the two cities.
- To advise the Bunbury City Council on matters relating to the Sister City relationship.
- All communications to the Mayor of Setagaya shall be through the Mayor of
Bunbury’s office.
Ms Vukelic has nominated as she is once again a resident of Bunbury and would like to be
involved in the committee. She had a ten-year prior association with the committee and
would like to continue to strengthen the ties between the City of Bunbury and Setagaya.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 39
Strategic and/or Regional Outcomes
The proposal is consistent with the City's Strategic Directions i.e., "having diverse arts,
cultural, recreational and leisure opportunities" and "having Bunbury recognised as a place to
live work and invest".
Community Consultation
No community consultation has been undertaken concerning this proposal
Councillor/Officer Consultation
The members of the Bunbury-Setagaya Sister Cities Committee unanimously support the
nomination
Analysis of Financial and Budget Implications
There are no budget implications resulting from the proposal to appoint new members.
Economic, Social, Environmental and Heritage Issues
The proposal contained in this report will have no impact on economic, environmental or
heritage issues. In terms of social issues, the Bunbury-Setagaya Sister Cities Committee
supports increased awareness of (and interaction with) other cultures thereby contributing to a
more tolerant community.
Council Policy Compliance
The proposal does not contravene any existing Council Policy.
Legislative Compliance
Section 5.8 of the Local Government Act 1995 requires Council to appoint members to its
advisory committees by an "absolute majority vote".
Delegation of Authority
The Chief Executive Officer cannot be delegated the authority to appoint members to Council
committees.
Relevant Precedents
Council always endorses nominations for membership to its various committees.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 40
Options
Option 1
Per the Executive Recommendation contained in this report.
Option 2
Council may elect not to endorse the appointment of Pauline Vukelic to the Bunbury-
Setagaya Sister Cities Committee.
Conclusion
The Bunbury-Setagaya Sister Cities Committee is a very active group. Its members all
contribute directly (in a voluntary capacity) to the successful outcome of its projects. The
addition of more active, committed and knowledgeable community members would be highly
beneficial.
EXECUTIVE RECOMMENDATION
Council endorses the appointment of Pauline Vukelic to the Bunbury-Setagaya Sister Cities
Committee.
OUTCOME OF THE COUNCIL COMMITTEE MEETING - 6 FEBRUARY 2007
The Executive Recommendation was moved Cr Wenn, seconded Cr T Smith and adopted to
become the Committee Recommendation.
COMMITTEE RECOMMENDATION
Council endorses the appointment of Pauline Vukelic to the Bunbury-Setagaya Sister
Cities Committee.
CARRIED 11 Votes "For" / Nil Votes "Against"
NOTE: AN ABSOLUTE MAJORITY VOTE WILL BE REQUIRED AT THE COUNCIL
MEETING.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 41
11.7 BUNBURY-SETAGAYA SISTER CITIES COMMITTEE - TOUR LEADER
APPOINTMENT 2007
File Ref: A00443
Applicant/Proponent: Internal Report
Author: Sandra Goerling, Sister City Officer
Executive: Dom Marzano, Acting Executive Manager City Life
Summary
The Bunbury-Setagaya Sister Cities Committee has identified an appropriate person for the
position of Tour Leader for the 2007 Student Goodwill Visit to the City of Setagaya, Japan.
The appointment of the Tour Leader requires the endorsement of Council.
Background
Each year the Bunbury-Setagaya Sister Cities Committee coordinates a Goodwill Visit by
sixteen Year 7 primary school students from Bunbury to Setagaya in Japan. This is one of the
key activities generated by the Sister City relationship. A Tour Leader must accompany and
be responsible for the students during the visit.
The Tour Leader is a voluntary position. All costs, such as airfares, accommodation and
meals are met by a levy imposed on participating students. The City of Bunbury bears no cost
for the provision of the Tour Leader.
The Tour Leader position for 2007/2008 was widely advertised and a rigorous selection
process conducted. Brad Robinson was the successful candidate. Mr Robinson will be
responsible for organising the student preparation meetings and other related activities in
Bunbury prior to the visit as well as many of the travel arrangements. While in Japan, Mr
Robinson will supervise the students and liaise with representatives from the City of
Setagaya. An experienced sub-committee of the Bunbury-Setagaya Sister Cities Committee
will support Mr Robinson in Bunbury.
Brad Robinson trained and currently works as a school teacher. He has extensive experience
working with school children and has arranged and accompanied several student visits to
Moka, Japan in his role as teacher of Japanese Studies at Australind Senior High School. He
has lived in Japan and has a strong command of the oral and written language as well as an
understanding of the culture. Mr Robinson has obtained the necessary Police clearances and
possesses a Senior First Aid Certificate.
Strategic and/or Regional Outcomes
The proposal is consistent with the Strategic directions of having diverse arts, cultural,
recreational and leisure opportunities in Bunbury, and; having Bunbury recognised as a place
to live work and invest.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 42
Community Consultation
The Tour Leader position was advertised locally in the South Western Times and Bunbury
Herald.
Councillor/Officer Consultation
The proposal has the support of Councillors Rose and Wenn - the City's current
representatives on the Bunbury-Setagaya Sister Cities Committee.
Analysis of Financial and Budget Implications
This proposal will have no financial or budget implications.
Economic, Social, Environmental and Heritage Issues
This proposal will have no impact on economic, environmental or heritage issues. It will
enhance the students' understanding of the cultural uniqueness of Japan and should have a
positive impact on cross-cultural relationships.
Council Policy Compliance
The proposal does not contravene any Council Policy.
Legislative Compliance
The proposal does not contravene any legislation.
Delegation of Authority
Not applicable.
Relevant Precedents
The Council has endorsed a Tour Leader to accompany participating students each time the
Student Goodwill Visit has been conducted.
Options
Option 1
Per the Executive Recommendation listed in this report.
Option 2
Council may elect not to appoint Brad Robinson as the 2007 Student Goodwill Visit Tour
Leader and re-advertise for nominations.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 43
Conclusion
Option 2 is not recommended. It is necessary to appoint a Tour Leader to allow the 2007
Student Goodwill Visit to Setagaya to go ahead. The proposed tour leader is well suited to the
position and has demonstrated enthusiasm and commitment for the task.
EXECUTIVE RECOMMENDATION
Council endorses the appointment of Brad Robinson as the Tour Leader for the 2007 Student
Goodwill Visit to the City of Setagaya, Japan.
OUTCOME OF THE COUNCIL COMMITTEE MEETING - 6 FEBRUARY 2007
The Executive Recommendation was moved Cr Jones, seconded Cr Wenn and adopted to
become the Committee Recommendation.
Cr Dillon left the meeting during discussion (at 7.50pm) and was absent for the vote on this
matter.
COMMITTEE RECOMMENDATION
Council endorses the appointment of Brad Robinson as the Tour Leader for the 2007
Student Goodwill Visit to the City of Setagaya, Japan.
CARRIED 10 Votes "For" / Nil Votes "Against"
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 44
11.8 TOWN PLANNING SCHEME NO. 7 - SCHEME AMENDMENT NO. 6 - PROPOSED
REZONING OF A PORTION OF LOT 134 WHITLEY PLACE FROM "ROAD
RESERVE - ACCESS ROAD" TO "RESIDENTIAL R15/30"
File Ref: A02310 (see also A00398)
Applicant/Proponent: Pindan / Department of Housing & Works
Author: Teshome Tadesse, Planning Officer
Executive: Geoff Klem, Executive Manager City Development
Summary
At its meeting on 26 September 2006, the Council considered (and approved) a request from
Pindan and the Department of Housing and Works to initiate a Scheme Amendment to rezone
portion of Lot 134 Whitley Place from “Road Reserve - Access Road” to “Residential
R15/30”.
The current “Road Reserve – Access Road” nomination on a portion of Lot 134 Whitley
Place is a result of the original Withers Outline Development Plan project headed by Pindan.
The Withers Outline Development Plan has not been finalised to date so it is considered that
the rezoning proposal is in order given development in the area.
The proposal indicates that the existing grouped dwellings on Lot 134 Whitley Place will be
refurbished and retained. The subject land has a current subdivision approval from the
Western Australian Planning Commission (WAPC Ref 126285) for the creation of three
green title lots.
It is recommended that Council support Scheme Amendment No. 6 to rezone a portion of Lot
134 Whitley Place from “Road Reserve - Access Road” to “Residential R15/30”.
Background
At its meeting on 26 September 2006, Council considered a request from Pindan and the
Department of Housing and Works to initiate rezoning of a portion of Lot 134 Whitley Place
from “Road Reserve - Access Road” to “Residential R15/30”. The Council's decision read:
Council Decision 159/06 - 26 September 2006
"Council, under and by virtue of the powers conferred upon it in that behalf of the Planning
and Development Act 2005, hereby resolves to:
1. Amend Town Planning Scheme No. 7 by rezoning portion of Lot 134 Whitley Place
from "Road Reserve - Access Road" to "Residential R15/30".
2. Request the applicant to prepare a formal rezoning document in respect of Lot 134
Whitley Place."
----------------------
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 45
Following this Council decision and receipt of advice from the Environmental Protection
Authority (EPA), the proposal was advertised for public comment in accordance with the
requirements of the Planning and Development Act 2005. During the advertising period, no
submission was registered against the proposed rezoning.
A location plan is attached at Appendix 3. A Scheme Amendment Map is attached at
Appendix 4 showing existing and proposed rezoning of the subject land.
Residential R15/30 Zoning
Town Planning Scheme No. 7 ("TPS 7") allocates Residential R15/30 (dual-coding) in the
Withers locality. Lot 134 Whitley Place is located within the Withers locality. However, a
portion of Lot 134 Whitley Place is zoned “Road Reserve – Access Road” and it is proposed
to rezone this portion of the subject land to match the dual-coding of R15/30 in the vicinity.
In accordance with Clause 5.2.5 of TPS 7, certain conditions i.e., approved Outline
Development Plan, road links etc., will have to be satisfied prior to the consideration of the
higher Residential R30 density in the general area of Withers. The Withers Outline
Development Plan has not been finalised to date so in practical terms, a Residential R15
zoning applies in the Withers locality. Accordingly, the rezoning proposal will have to be
considered in light of the current Scheme requirement i.e. R15/30 coding (dual-coding).
It is anticipated that in the near future the matter of the Withers Outline Development Plan
will be resolved through an omnibus amendment to the Scheme. Until such time however,
the provisions of the current Scheme to the Withers locality.
Development On-site at Lot 134 Whitley Place
Lot 134 has an area of 3,378.58 sq.m and is currently developed for seven grouped dwellings.
The subject land has a current subdivision approval from the Western Australian Planning
Commission for the creation of three green title lots. The approved subdivision indicates that
Lot 1 will have an area of 796 sq.m (vacant). Lot 2 will have an area of 1,257 sq.m with the
existing three grouped dwellings. Lot 3 will have an area of 1,321 sq.m with four grouped
dwellings.
The applicant argues that the subdivision proposal acknowledges the retention of the existing
grouped dwellings on-site in creating three green title lots and hence, the road reserve is no
longer required. Development Services supports the applicant’s argument in that the
approved subdivision proposal does not seem to follow the current road reserve arrangement
as shown on the current Scheme. Therefore, it would be logical to rezone portion of Lot 134
Whitley Place to “Residential R15/30”.
A copy of the Subdivision Approval for Lot 134 Whitley Place (WAPC Ref: 126285) is
attached at Appendix 5.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 46
Strategic and/or Regional Outcomes
Council’s 2002 – 2007 Strategic Plan states that Bunbury City Council should strive to,
“Have a built environment which is safe, accessible, functional, attractive and sympathetic
with the natural environment.” Developing the City’s Town Planning Scheme is one of the
strategies for achieving this goal.
Community Consultation
Amendment No. 6 to Town Planning Scheme No. 7 was advertised for public comment in
accordance with the requirements of the Planning and Development Act 2005. No
submissions were received during the advertisement period.
Councillor/Officer Consultation
Discussions have been undertaken with Technical Officers within Development Services.
Analysis of Financial and Budget Implications
The Executive Recommendation listed in this report will not impact on the existing Annual
Budget nor are there any expenses associated with the proposal payable by Council.
Economic, Social, Environmental and Heritage Issues
The proposed rezoning will facilitate retention of existing dwellings on Lot 134 Whitley
Place and as such, promote the retention of the established character and amenity of the area.
There are no known environmental or heritage issues relating to this proposal.
Council Policy Compliance
The proposal complies with the requirements of Local Planning Policies under TPS No 7.
“Scheme Amendments: Application Requirements and Documentation for Purposes of
Advertising”.
Legislative Compliance
In accordance with the provisions of the Planning and Development Act 2005, on completion
of advertising, the amendment documentation will be referred back to Council for
consideration. Should Council resolve to adopt the amendment, the documentation will be
referred to the Western Australian Planning Commission for assessment and endorsement and
ultimately to the Hon. Minister for Planning and Infrastructure for final approval.
Delegation of Authority
The initiation and approval of a Scheme Amendment requires a decision of the Council.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 47
Relevant Precedents
There are no known precisely relevant precedents.
Possible Options
Option 1
Per the Executive Recommendation listed in this report.
Option 2
Council may elect to refuse the rezoning proposal. Should Council resolve to proceed with
this option, the suggested decision format is as follows:
"Council, under by virtue of the powers conferred upon it in that behalf of the Planning and
Development Act 2005, hereby resolves to refuse the rezoning proposal for the reason that
the current 'Road Reserve – Access Road' zoning nomination on portion of Lot 134 Whitley
Place is appropriate and consistent with Town Planning Scheme No. 7."
Conclusion
The existing grouped dwellings on Lot 134 Whitley Place will be retained. The retention of
these dwellings will make the existing road reserve redundant. It would be reasonable to
rezone a portion of Lot 134 Whitley Place as described from “Road Reserve - Access Road”
to “Residential R15/30”.
EXECUTIVE RECOMMENDATION
Council, under and by virtue of the powers conferred upon it under the Planning and
Development Act 2005, hereby resolves to amend Town Planning Scheme No. 7 by rezoning
that portion of Lot 134 Whitley Place as indicated in the Scheme Amendment documentation,
from “Road Reserve - Access Road” to “Residential R15/30”.
OUTCOME OF THE COUNCIL COMMITTEE MEETING - 6 FEBRUARY 2007
Cr Dillon (who had left the meeting during discussion of a previous item) returned to the
meeting at this point - 7.53pm.
The Executive Recommendation was moved Cr T Smith, seconded Cr Frisina and adopted to
become the Committee Recommendation.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 48
COMMITTEE RECOMMENDATION
Council, under and by virtue of the powers conferred upon it under the Planning and
Development Act 2005, hereby resolves to amend Town Planning Scheme No. 7 by
rezoning that portion of Lot 134 Whitley Place as indicated in the Scheme Amendment
documentation, from “Road Reserve - Access Road” to “Residential R15/30”.
CARRIED 10 Votes "For" / 1 Vote "Against"
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 49
11.9 FINANCIAL STATEMENTS FOR MONTHS OF NOVEMBER & DECEMBER 2006
File Ref: A02838
Applicant/Proponent: Internal Report
Author: David Ransom, City Accountant
Executive: Ken Weary, Executive Manager Corporate Services
Financial Statements for December 2006 have been circulated to members under separate
cover. The statements included the following details:
- Income Statement
- Balance Sheet
- Statement of Changes in Equity
- Statement of Financial Activity
- Statement of General Purpose Income
- Statement of Rating Information
Note 1 Significant Accounting Policies
Note 2 Description of Programmes
Note 3 Net Current Assets
Note 4 Receivables
Note 5 Other Financial Assets
Note 6 Payables
Note 7 Provisions
Note 8 Trust Funds
Note 9 Explanation of Significant Variations to Income Statement
Note 10 Capital Expenditure
Note 11 Key Operating Expenditure and Income (budget exceeding $20,000)
Note 12 Loan Funds
Note 13 Reserve Funds
Note 14 Bunbury Timber Jetty
Note 15 Investment Funds (rate of return benchmarked against International Index)
Financial Statements for the month of November 2006 are now complete and will be tabled at
the meeting for the information of members.
EXECUTIVE RECOMMENDATION
The Financial Statements for the months of November and December 2006, be received.
OUTCOME OF THE COUNCIL COMMITTEE MEETING - 6 FEBRUARY 2007
The Executive Recommendation was moved Cr Lambert, seconded Cr Wenn and adopted to
become the Committee Recommendation.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 50
COMMITTEE RECOMMENDATION
The Financial Statements for the months of November and December 2006, be received.
CARRIED 11 Votes "For" / Nil Votes "Against"
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 51
11.10 BUNBURY REGIONAL ENTERTAINMENT CENTRE INC. - APPLICATION FOR
RENEWAL OF MANAGEMENT DEED
File Ref: A00170
Applicant/Proponent: Bunbury Regional Entertainment Centre Inc.
Author: John Beaton, Manager Administration & Property Services
Executive: Ken Weary, Executive Manager Corporate Services
Summary
The Management Deed between the City of Bunbury and Bunbury Regional Entertainment
Centre Inc. is due to expire on 2 April 2007. A copy of the Deed has been circulated to
Council under separate cover.
The Board of Management is responsible for operation of the Bunbury Regional
Entertainment Centre ("BREC") and is seeking renewal of its Management Deed for a further
six (6) year term.
Councillor Ray Frisina is the Council's representative on the Board of Management.
Background
The City's Management Deed with BREC has operated effectively since its inception in 1989.
At its meeting on 23 October 2001, the Council agreed to renew the Deed for a further term
of six (6) years commencing 3 April 2001. The BREC Board of Management has complied
with the terms and conditions of the existing Deed to date and the City's Executive has no
hesitation in recommending that the term be renewed for a further six (6) years. The current
terms and conditions will be retained.
The BREC Board continues to manage and maintain the Bunbury Regional Entertainment
Centre as a quality venue for the community by presenting a diverse range of performing arts
and entertainment to the region on a professional, local or at a school level.
Strategic and/or Regional Outcomes
The proposal complies with Council's 2002-2007 Strategic Plan which states: "provide
diverse arts, cultural, recreational and leisure opportunities" and "Identify, encourage and
facilitate community arts, cultural development and recreational activities for all residents".
Community Consultation
The proposal to renew the Management Deed (over Council property) must be advertised
pursuant to Section 3.58(3) and (4) of the Local Government Act 1995 and requires a public
submission period of fourteen (14) days.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 52
Councillor/Officer Consultation
The City's Executive and representatives of the BREC Board of Management have mutually
agreed to the terms of the Management Deed renewal.
Analysis of Financial and Budget Implications
The City's capital and operational funding for BREC is determined as part of the City's annual
Municipal Budget deliberations.
Budget allocations for the Bunbury Regional Entertainment Centre for the past 4 years, are
shown in the table below:
Budget
2003/04 2004/05 2005/06 2006/07
Operating: $280,000 $280,000 $287,000 $294,175
Capital: - $109,991 $65,000 $60,000
Totals: $280,000 $389,991 $352,000 $354,175
Economic, Social, Environmental and Heritage Issues
Economic and Social Issues
The BREC provides an economic benefit to the City by providing various entertainment and
employment opportunities for the region. It is a popular social outlet for tourists, visitors and
residents alike.
Environmental and Heritage Issues
There are no known environmental or heritage issues to consider.
Council Policy Compliance
There is no Council policy applicable to granting a renewal of the Management Deed.
Legislative Compliance
The intention to renew the Management Deed for a Council building is required to be
advertised for public information with a submission period of at least fourteen (14) days -
Section 3.58(3) and (4) of the Local Government Act 1995 applies.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 53
Delegation of Authority
The Chief Executive Officer has the delegated authority of the Council to negotiate the terms
and conditions of leases and licences over Council property subject to the terms and
conditions being presented to Council for endorsement before documentation is finalised.
It is proposed that subject to no objecting submissions being received as a result of public
advertising, the Chief Executive Officer proceed with preparation of the Deed document.
Relevant Precedents
The BREC Board has satisfactorily complied with the terms and conditions of the
Management Deed to date and continues to manage and maintain the Bunbury Regional
Entertainment Centre to a high standard.
The Management Board has operated the BREC since the Centre's inception in 1989 and the
agreement stipulates that the Council is represented on the Board - the current Council
representative is Councillor Frisina.
Options
Option 1
Per the Executive Recommendation listed in this report.
Option 2
Council may renew the Management Deed with amendments to the terms and conditions (as
stipulated by members at the meeting)
Option 3
Council may elect not to renew the Management Deed and determine an alternative
management method for the Bunbury Regional Entertainment Centre.
Conclusion
The BREC Board of Management has satisfactorily operated the Bunbury Regional
Entertainment Centre to a high standard since the Centre's inception in 1989. The Board has
fulfilled all obligations and responsibilities required under the terms and conditions of the
Deed.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 54
EXECUTIVE RECOMMENDATION
The Management Deed between the City of Bunbury and Bunbury Regional Entertainment
Centre Inc. for management of the Bunbury Regional Entertainment Centre, be renewed for a
further six (6) years commencing 3 April 2007; subject to the current terms and conditions
being retained and also subject to:
1. The intention to renew the Management Deed to be advertised for public information
with a public submission period of no less than two (2) weeks pursuant to Section
3.58(3) and (4) of the Local Government Act 1995 i.e., notices to be posted at the
City's libraries and Customer Service Centre; notice posted on the City's website and a
notice published in the City Update Column of the Bunbury Mail Newspaper.
2. Subject to no objecting submissions being received at the conclusion of the public
advertising period, the Chief Executive Officer is authorised to proceed with
preparation and execution of the Deed documentation.
3. All costs associated with the Management Deed renewal (including advertising and
registration costs) are to be borne by the Bunbury Regional Entertainment Centre Inc.
OUTCOME OF THE COUNCIL COMMITTEE MEETING - 6 FEBRUARY 2007
The Executive Recommendation was moved Cr Craddock, seconded Cr Leigh and adopted to
become the Committee Recommendation.
COMMITTEE RECOMMENDATION
The Management Deed between the City of Bunbury and Bunbury Regional
Entertainment Centre Inc. for management of the Bunbury Regional Entertainment
Centre, be renewed for a further six (6) years commencing 3 April 2007; subject to the
current terms and conditions being retained and also subject to:
1. The intention to renew the Management Deed to be advertised for public
information with a public submission period of no less than two (2) weeks
pursuant to Section 3.58(3) and (4) of the Local Government Act 1995 i.e., notices
to be posted at the City's libraries and Customer Service Centre; notice posted
on the City's website and a notice published in the City Update Column of the
Bunbury Mail Newspaper.
2. Subject to no objecting submissions being received at the conclusion of the public
advertising period, the Chief Executive Officer is authorised to proceed with
preparation and execution of the Deed documentation.
3. All costs associated with the Management Deed renewal (including advertising
and registration costs) are to be borne by the Bunbury Regional Entertainment
Centre Inc.
CARRIED 11 Votes "For" / Nil Votes "Against"
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 55
11.11 PROPOSED REZONING - PREPARING FOR SALE OF LOT 66 OCEAN DRIVE
File Ref: A00411
Applicant/Proponent: Internal Report
Author: John Beaton, Manager Administration & Property Services
Executive: Ken Weary, Executive Manager Corporate Services
Summary
This report is to enable Council to assess rationalisation of Council's existing property
portfolio with the view to providing a development opportunity and generating revenue to
fund Council's capital works, debt reduction and Council's reserve funds.
Background
The following property has been identified as being surplus to the City's land asset
requirements. Before disposal of this property for development can be considered however,
rezoning is required necessitating a formal Scheme Amendment:
Location C/Title Area Existing Zoning Proposed Zoning
Lot 66
Ocean Drive
Vol. 1436
Fol. 697
2,855 sq.m Parks and
Recreation
Special Use - Tourist
and/or Commercial
A location plan and site plan showing existing/proposed zonings, is attached at Appendix 7.
Strategic and/or Regional Outcomes
Strategic Outcomes
The recommended rationalisation programme complies with Council's 2002-2007 Strategic
Plan 2(a) i.e., it provides support to the City's economy by developing the City's residential,
tourism and commercial landholdings.
Regional Outcomes
The proposal provides an opportunity to underpin Bunbury as a strong regional centre by
ensuring the availability of high quality land for development.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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Community Consultation
Following endorsement by the Department for the Environment, Water and Catchment
Protection ("DEWCP"), it is a statutory requirement that amendments to Town Planning
Schemes are publicly advertised for comment for a period of 42 days (minimum). The
Council must take into account any submissions received from the public during the period of
advertising prior to it adopting the Scheme Amendment.
All public submissions received and the Scheme Amendment documents are referred to the
WA Planning Commission for final endorsement by the Minister for Planning and
Infrastructure before the Scheme Amendment can be formalised.
Councillor/Officer Consultation
An outline of the proposed rationalisation programme was presented at a briefing session held
with councillors on 7 November 2006.
Analysis of Financial and Budget Implications
It is anticipated the sale of this land will provide a return to the City in excess of $2.2(M).
Income received will be available for allocation to capital works, debt reduction schemes and
Council's reserve funds.
Economic, Social, Environmental and Heritage Issues
Economic Issues
The availability of quality residential, tourism and commercial land promotes employment
opportunities through development of the land and increased economic infrastructure.
Social Issues
The availability of land provides the opportunity to invest locally and contribute to the
development of the City.
Environmental Issues
Any environmental issues associated with the sale of the land will be considered prior to sale.
No environmental issues have been identified (to date) that could restrict the land's disposal.
Heritage Issues
There are no known heritage issues associated with the proposal.
Council Policy Compliance
There are no relative Council policies to consider.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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Legislative Compliance
All Scheme Amendment applications must be sent to the Department for the Environment,
Water and Catchment Protection ("DEWCP") for confirmation that there are no relevant
environmental issues to be resolved before the Scheme Amendment process can advance.
Once DEWCP endorsement has been obtained, the Planning and Development Act 2005
requires that proposed amendments to Town Planning Schemes are advertised for public
comment for a period of 42 days (minimum). Any resulting public submissions must be
considered by the Council before it can resolve to adopt the proposed Scheme Amendment.
Completed Scheme Amendment documentation is referred to the WA Planning Commission
for assessment and final endorsement by the Minister for Planning and Infrastructure; before
the Amendment is considered enacted.
Delegation of Authority
The Chief Executive Officer does not have the delegated authority of the Council to enact the
rezoning of land.
Relevant Precedents
Council has previously granted consent for rezoning of surplus Council-owned land prior to
disposal e.g., Lot 610 Maiden Park Road (7 December 2004) and Lot 779 Lockwood
Crescent (8 February 2005).
It should be noted that final approval rests with the Minister for Planning and Infrastructure.
Options
Option 1
Per the Executive Recommendation listed in this report.
Option 2
Per the Executive Recommendation with any identified amendments.
Option 3
Council may elect not to proceed with the rezoning of the land, proposed subdivision and sale
as recommended.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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Conclusion
Rezoning Lot 66 Ocean Drive to "Special-Use Commercial/Tourism" will be in keeping with
the City Vision Strategy as it will make land available for commercial/tourism development
that will benefit the City and its region both socially and economically.
EXECUTIVE RECOMMENDATION
1. Council, under and by virtue of the powers conferred upon it under the Planning and
Development Act 2005, hereby resolves to initiate amendment of the Town Planning
Scheme to allow for rezoning of Lot 66 Ocean Drive from "Parks and Recreation" to
"Special-Use Commercial/Tourism".
2. Subject to endorsement by the Department of Environment, Water and Catchment
Protection; the proposed Scheme Amendment to be advertised for public comment
with a submission period of no less than forty-two (42) days.
3. Following public advertising, the Scheme Amendment application to be returned to
Council for further consideration.
4. Subject to finalisation of the proposed rezoning of Lot 66 Ocean Drive, a Business
Plan outlining the proposed sale of land is to be prepared and advertised pursuant to
Section 3.59 of the Local Government Act 1995.
OUTCOME OF THE COUNCIL COMMITTEE MEETING - 6 FEBRUARY 2007
The Executive Manager of City Development indicated that it could take up to one year
before the rezoning process is finalised. Preparation of the business plan can be undertaken
in advance of finalisation of the Town Planning Scheme amendment.
The Executive Recommendation was moved Cr Jones, seconded Cr Lambert and adopted to
become the Committee Recommendation.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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COMMITTEE RECOMMENDATION
1. Council, under and by virtue of the powers conferred upon it under the Planning
and Development Act 2005, hereby resolves to initiate amendment of the Town
Planning Scheme to allow for rezoning of Lot 66 Ocean Drive from "Parks and
Recreation" to "Special-Use Commercial/Tourism".
2. Subject to endorsement by the Department of Environment, Water and
Catchment Protection; the proposed Scheme Amendment to be advertised for
public comment with a submission period of no less than forty-two (42) days.
3. Following public advertising, the Scheme Amendment application to be returned
to Council for further consideration.
4. Subject to finalisation of the proposed rezoning of Lot 66 Ocean Drive, a
Business Plan outlining the proposed sale of land is to be prepared and
advertised pursuant to Section 3.59 of the Local Government Act 1995.
CARRIED 11 Votes "For" / Nil Votes "Against"
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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11.12 PROPOSED AMENDMENT NO. 24 TO TOWN PLANNING SCHEME NO. 7 -
REZONING PORTION OF LOT 10 OCEAN DRIVE, BUNBURY
File Ref: P13059
Applicant/Proponent: Insitu Planning & Design
Author: Paul Davies, Consultant Planning Officer
Executive: Geoff Klem, Executive Manager City Development
Summary
At its meeting held on 1 November 2005 Council resolved (Decision No. 253/05) to initiate
an Amendment to Town Planning Scheme No. 7 to rezone a small portion of Lot 6 (now Lot
11) Ocean Drive from the ‘Special Use-Motel’ zone to the ‘Residential R40’ zone.
Scheme Amendment 24 has been prepared, initiated and subsequently advertised for public
comment with no objections being received. The purpose of this report is for Council to
consider the Scheme Amendment and make a formal determination on the granting of final
approval to the Amendment.
It is recommended that Council grants final approval to the Amendment and recommends
support to the Minister for Planning and Infrastructure.
Background
When the matter was first considered by the Council in November 2005, the subject lots were
described as Lot 569 & Lot 6 Ocean Drive. Lot 6 contains the Ocean Drive motel; whilst Lot
569 contains a stand alone, two-storey building that once formed part of the Ocean Drive
Motel and which is being converted into residential units (Multiple Dwellings) in accordance
with a Development Approval issued by the City of Bunbury.
An 86 sq.m triangular portion of Lot 6 (hereinafter referred to as “the Land”) was required for
the parking of vehicles associated with the 14 approved residential units on Lot 569.
Therefore, at its meeting in November 2005, the Council resolved to initiate the rezoning of
the 86 sq.m portion of Lot 6 (“the Land”) from a ‘Special Use’ zone to the ‘Residential R40’
zone.
Since that Council meeting “the Land” has been excised from Lot 6 and amalgamated with
Lot 569. Hence, all parking associated with the 14 residential units is now contained on the
one property, being Lot 569.
Furthermore, during the subdivision/amalgamation process, Lot 569 was renumbered to Lot
10, whilst Lot 6 was renumbered to Lot 11. Consequently, “the Land” is now a portion of Lot
10. Although the physical location of “the Land” has not changed, the description of the
property containing “the Land” has changed from Lot 6 to Lot 10.
Hence, this report comments on the proposal to rezone a portion of Lot 10 Ocean Drive.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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Lot 10 Ocean Drive is owned by Hillstek Holdings Pty. Lot 10 contains the stand alone, two-
storey building that once formed part of the Ocean Drive Motel and which is being converted
into residential units (Multiple Dwellings) in accordance with a Development Approval
issued by the City of Bunbury.
Town Planning Scheme Compliance
Lot 10 Ocean Drive is zoned ‘Residential R40’, with a small triangular portion (“the Land”)
zoned ‘Special Use – Motel’. Refer to zoning map attached at Appendix 8. The dual zoning
has resulted from the recent excision of “the Land” from the adjoining lot to the south, and
the subsequent amalgamation of “the Land” into Lot 10.
Within TPS No 7, Schedule No.2 lists details and development standards relating to the
numerous Special Use zones throughout the City. Special Use Zone 42 references both Lots
6 and 569 Ocean Drive as containing the Ocean Drive Motel. This is incorrect as the Ocean
Drive Motel is now wholly contained within Lot 11 Ocean Drive.
Scheme Amendment
The Amendment proposes to rezone the recently amalgamated, 86 sq.m portion of Lot 10
(“the Land) from the ‘Special Use-Motel’ zone to the ‘Residential R40’ zone, to be consistent
with the existing zoning of the balance of Lot 10.
The Amendment also proposes to modify the provisions of Special Use Zone 42 (‘Special
Use-Motel’) by deleting reference to Lot 569 (now Lot 10) and Lot 6 (now Lot 11) Ocean
Drive as containing any part of the Ocean Drive Motel. The Ocean Drive Motel is now
wholly contained within Lot 11 Ocean Drive and the provisions of Special Use Zone 42 need
to be modified to reflect this.
Strategic and/or Regional Outcomes
The broad direction of the 2002-2007 Strategic Plan would not be compromised by
supporting the proposal.
Community Consultation
The Scheme Amendment was advertised for public comment for a period of 42 days.
Advertising consisted of two (2) signs being placed on-site and an advertisement of the
proposed amendment in the Bunbury Mail ‘City Update’ published on two (2) consecutive
occasions. Letters were sent to the adjoining owners and occupiers. No submissions were
received.
Councillor/Officer Consultation
Development Services staff considered the matter collaboratively.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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Analysis of Financial and Budget Implications
No financial or budget implications are expected.
Economic, Social, Environmental and Heritage Issues
The subject Amendment does not propose any land use change and does not propose any
additional development to that which has been approved or already exists on Lot 10;
therefore, there are no economic, social, environmental or heritage issues as a consequence of
the proposed rezoning.
Council Policy Compliance
Local Planning Policy – “Design Guidelines for Residential Development” - establishes
requirements for development in established residential areas and includes setbacks, fencing
etc. The Development Application and rezoning proposal both satisfy the requirements of
this Policy.
Legislative Compliance
In accordance with the provisions of the Planning and Development Act 2005, upon
completion of advertising, the amendment documentation is referred back to Council for
consideration. Should Council then resolve to adopt the amendment, the documentation is
referred to the WAPC for assessment and endorsement and for referral to the Hon. Minister
for Planning and Infrastructure for final approval.
Delegation of Authority
The adoption of a Scheme Amendment is by decision of Council.
Relevant Precedents
There are no relevant precedents for consideration in conjunction with the subject rezoning
proposal.
Options
Option 1
Per the Executive Recommendation.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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Option 2
Should Council wish to reject the proposal, the following wording is provided:
"Council, under and by virtue of the powers conferred upon it under the Planning and
Development Act 2005, hereby resolves not to initiate the Scheme amendment as it is not
considered necessary to rezone an 86 sq.m portion of Lot 10 Ocean Drive as the approved
residential unit development on the site can still function adequately without that portion of
land being rezoned."
Conclusion
The City of Bunbury has granted Development Approval for the conversion of the existing
two-storey building on Lot 10 Ocean Drive into 14 residential units (Multiple Dwellings).
The Development Approval is conditional upon an 86 sq.m portion of the adjoining lot to the
south, which contains land associated with the car parking area for the residential units on Lot
10, being amalgamated and rezoned accordingly.
The 86 sq.m portion of land has been excised from the adjoining lot and has subsequently
been amalgamated into Lot 10. This Scheme Amendment has therefore been prepared
specifically to conclude the requirements of that Development Approval.
Furthermore, the Amendment proposes to tidy up the anomaly that exists within Schedule 2
of Town Planning Scheme No 7 whereby Special Use Zone 42 refers to both Lots 569 and 6
(now Lots 10 & 11) as containing the Ocean Drive Motel. The Ocean Drive Motel is now
wholly contained within Lot 11 Ocean Drive and the provisions of Special Use Zone 42 need
to be modified to reflect this.
EXECUTIVE RECOMMENDATION
Council, under and by virtue of the powers conferred upon it under the Planning and
Development Act 2005, resolves to:
1. Amend the City of Bunbury Town Planning Scheme No. 7 by rezoning a portion of
Lot 10 Ocean Drive, Bunbury from ‘Special Use - Motel’ to ‘Residential R40’ and
amending the Scheme Maps accordingly.
2. Amend Schedule 2 "Special Use Zones" by deleting reference to Lot 569 and Lot 6
Ocean Drive under Special Use Zone No. 42 and identifying Lot 11 Ocean Drive (on
deposited Plan No. P04695811) as containing the Ocean Drive Motel.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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3. Advise Insitu Planning & Design of the Council decision and request the submission
of five (5) suitably modified copies of the Scheme Amendment documentation.
4. Forward the signed and sealed Scheme Amendment documents to the Minister for
Planning & Infrastructure via the Western Australian Planning Commission, with a
request that final approval be granted.
OUTCOME OF THE COUNCIL COMMITTEE MEETING - 6 FEBRUARY 2007
The Executive Recommendation was moved Cr Dillon, seconded Cr T Smith and adopted to
become the Committee Recommendation.
COMMITTEE RECOMMENDATION
Council, under and by virtue of the powers conferred upon it under the Planning and
Development Act 2005, resolves to:
1. Amend the City of Bunbury Town Planning Scheme No. 7 by rezoning a portion
of Lot 10 Ocean Drive, Bunbury from ‘Special Use - Motel’ to ‘Residential R40’
and amending the Scheme Maps accordingly.
2. Amend Schedule 2 'Special Use Zones' by deleting reference to Lot 569 and Lot 6
Ocean Drive under Special Use Zone No. 42 and identifying Lot 11 Ocean Drive
(on deposited Plan No. P04695811) as containing the Ocean Drive Motel.
CARRIED 11 Votes "For" / Nil Votes "Against"
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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11.13 AMENDMENT TO LOCAL LAW "ADVERTISING DEVICES"
File Ref: A00129
Applicant/Proponent: Internal Report
Author: Gary Fitzgerald, Manager Development Services
Executive: Geoff Klem, Executive Manager City Development
Summary
Proposal to amend the Local Law relating to Advertising Devices (that was adopted by
Council on 18 February 2003) so as to reflect the recommendations of the Western Australian
Government Joint Standing Committee on Delegated Legislation.
Background
The following decision was made at the Council Meeting of 22 October 2001:
Decision No. 284/01 - 22 October 2001
"Council consideration of the draft Advertising Devices Local Law and Policy be deferred for
a period of twenty eight (28) days to enable the Chamber of Commerce or other interested
parties, to lodge “particularised” submissions in relation to the issue."
A further decision was made at the Council Meeting of 18 December 2001:
Decision No. 578/01 - 18 December 2001
"1. Council give state-wide public notice in accordance with Section 3.12 of the Local
Government Act 1995 (as amended) of its intention to repeal the existing Signs
Hoardings and Bill Posting Local Laws and intention to adopt the proposed
Advertising Devices Local Law and Advertising Devices Policy with an invitation for
public submissions on the proposed Advertising Devices Local Laws.
2. A report be presented to Council at the conclusion of the period for public
submissions."
------------------------
The proposed Advertising Local Law and Advertising Devices Policy were advertised for
public comment in The West Australian on Saturday, 26 January 2002 and the South Western
Times on Thursday, 31 January 2002. The closing date was to be 11 March 2002 but due to
several requests for an extension of the public submission period, this was extended until
15 April 2002.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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In conjunction with public advertising, several information sessions on the proposed Local
Law and Policy were held with the local Chamber of Commerce as well as sign writers and
business operators within the City.
Following extensive consultation with the community and industry throughout 2002, Council
again considered the proposed Advertising Local Law and Policy (meeting of 18 February
2003) and made the following decision:
Decision No. 39/03 – 18 February 2003
"Council approve the Advertising Devices Local Law and Policy in accordance with Section
3.12 of the Local Government Act 1995 (as amended), and:
1. Approve a 6-month moratorium effective from the date of gazettal of the Advertising
Devices Local Law on the enforcement of the provisions relating to existing signage,
in order to facilitate a extensive awareness and education campaign to be undertaken
by Council staff, and ;
2. During the 6-month moratorium period, application for multiple signage be
considered as a one-off application allowing owners of signs that may not have had
approval to be licensed with the one application; the maximum fee for such an
application would be $50.00."
----------------------------
The City of Bunbury Local Law relating to Advertising Devices was publicised in the
Government Gazette on 24 March 2003 and all relevant documentation was forwarded to the
State Government's Joint Standing Committee of Delegated Legislation for approval.
On 14 May 2003 the Joint Standing Committee on Delegated Authority scrutinised the City
of Bunbury Local Law relating to Advertising Devices and found a number of procedural and
drafting errors. The Committee advised that these errors and issues can be dealt with by
amendment to the Local Law. Amendments required are as follows:
- In relation to the Repeal Clause, the City is to specify the particular local laws that are
to be repealed from the Local Laws Register;
- The local law lacks an Application Clause. The City is to amend the Local Law to
include an Application Clause;
- In relation to clause 2.3(i), the City is to delete the term ‘policy’ and replace it with
the phrase ‘Advertising Devices Policy;’
- In relation to clause 2.6, the City is to delete all three of the sub-clauses 2.61, 2.62 and
2.63;
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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- In relation to Clause 2.13 (Obligations) the Parliamentary Joint Standing Committee
sees this clause as merely exhortative as it was observed that Part 11.2 of the City’s
Town Planning Scheme already covers the field outlined in this clause. Part 11.2 of
the City’s Town Planning Scheme permits the City to order the removal of an
advertising device by notice in circumstances where the sign has not been repaired or
maintained.
Further it was noted that Clause 2.13 was not included in the list of offences to which
a modified penalty attaches under clause 3.2.2. As the inclusion of Clause 2.13 has
resulted in duplication, the Committee requested that should the City not wish to
delete this Clause further justification be provided. It is proposed that this Clause be
deleted.
- In relation to clause 3.2.3, the City is to delete the words “or against a clause of the
Advertising Devices Policy (Where the policy states that a breach of the clause is an
offence)”;
- In relation to clause 3.6.2, the City is to delete the reference to the “local
Government”;
- In relation to clause 3.7.1, the City is to delete the words “or against a clause of the
advertising Devices Policy (where the policy states that a breach of the clause is an
offence)”;
- In relation to clause 3.8, the City is to delete the heading to clause 3.8 and re-number
3.8.2 to 3.8.1;
- In relation to the transitional clause in Division 4, the City is to specify the particular
Local Laws from the Local Laws Register that are the subject of the ‘former
provisions’ including gazettal dates as well as the date of any subsequent
amendments;
- In relation to Division 5, the City is to repeal clauses 5.1, 5.2, 5.3 and 5.4;
- The citation clause in Schedule 1, Form 1, is to be amended. Form 1 presently cites
the Advertising Devices Local Laws (plural) whereas it should be cited as the City of
Bunbury Advertising Devices Local Law (singular).
- In relation to Schedule 1, the Committee observed that although there is a proscribed
form for the issuing of an infringement notice, there is not a form for the withdrawal
of an infringement notice. In order to adequately rectify this matter it is proposed that
Form 3, Notice of Withdrawal of Infringement Notice under the Local Government
(Functions and General) Regulation 1996; be added to this Local Law as Form 2.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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On 16 May 2003, the Joint Standing Committee forwarded the above list of amendments it
required to be made to the Local Law to the City. Subsequently, on 1 December 2006 further
correspondence from the Joint Standing Committee was received requesting that that the
previously requested amendments be commenced forthwith.
In order to allow for these amendments to be made, Section 3.12 of the Local Government
Act 1995 gives the process for Local Law amendment and adoption. This process (which
includes public advertising) is outlined under the “Legislative Compliance” section of this
report.
An amended copy of the City of Bunbury Local Law relating to Advertising Devices is
attached at Appendix 6 (amended sections are highlighted).
Purpose and Effect of Amended Local Law
The purpose of the amendments to the Advertising Devices Local Law is to ensure
compliance with the recommendations of the Parliamentary Joint Standing Committee on
Delegated Legislation.
The effect of the amendments to the Advertising Devices Local Law will be for Council to
adopt, Gazette and implement the recommendations of the Joint Standing Committee on
Delegated Legislation.
Community Consultation
Under Section 3.12 of the Local Government Act 1995, it is a requirement of Council to
advertise the amended Local Law by giving state-wide and local public notice. This is
followed by a 6 week public submission period. Further to this, a copy of the Local Law is to
be made available to any person requesting it and a copy sent to the relevant Minister(s).
A written summary of any public submissions received during the public submission period
will be forwarded for Council consideration.
Councillor/Officer Consultation
The matter has been canvassed at staff level with a view to gaining maximum input into the
decision making process.
Council considered the Advertising Devices Local Law at its meetings on 22 October 2001,
18 December 2001 and 18 February 2003.
Analysis of Financial and Budget Implications
No adverse financial or municipal budget implications are expected to result from the
amendment to the Local Law except for the costs association with the local and state-wide
advertising and the advertising of the local law in the Government Gazette as required under
legislation.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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Economic, Social, Environmental and Heritage Issues
Advertising signs are a significant element to the City’s environment, impacting on both the
natural beauty of the area and the liveability of the built environment. While it is
acknowledged that advertising signs can contribute to the urban environments by adding
vibrancy and life, poor quality and inappropriate signs can also detract from the overall
amenity and atmosphere of an area.
Council Policy Compliance
Council currently has an Advertising Devices Policy in place. The proposed amendment to
the Local Law will enable the enforcement of the Policy.
Legislative Compliance
Section 3.12 of the Local Government Act 1995 gives the process for Local Law adoption
(this includes amendments to local laws). The ten-step process is as follows:
1. A summary of the ‘Purpose and Effect’ of the Local Law is to be read aloud at a
Council Meeting and a Council decision made to advertise the proposed law for
public information.
2. The draft Local Law is to then be given state-wide public notice and local public
notice.
3. A public submission period of at least six (6) weeks from the date of the first state-
wide notice is to be allowed.
4. A copy of the proposed law is to be sent to the Minister for Local Government and
any other Minister administering an Act under which the law is made.
5. A copy of the proposed Local Law is to be made available to any person requiring it.
(Adoption of a Local Law or any amendments thereto, can only be made once the
public submission process is complete).
6. A written summary of any public submissions received is to be included as an item for
Council consideration.
7. Council is to consider submissions and may decide by a special majority vote to make
the law (if not substantially different from the original proposal).
8. The new Local Law is to be published in the Government Gazette and a copy
provided to the relevant Minister.
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9. Local public notice is to be given stating the title of the new Local Law, a summary of
its “Purpose and Effect” and the date on which it comes into operation. The public
must be advised that copies are available for information.
10. Explanatory material and copies of the new Local Law are to be provided to the
Parliament at the direction of the Minister.
Delegation of Authority
The Chief Executive Officer cannot be delegated the authority to make decisions that require
a special majority vote of the Council.
Relevant Precedents
Council first adopted Local Laws relating to Signs, Hoardings and Bill Postings on
6 November 1964.
Options
Option 1
Council approve the Executive Recommendation listed in this report.
Option 2
Council may advise the Western Australian Government Joint Standing Committee on
Delegated Legislation it is not prepared to approve the recommended amendments to the
Advertising Devices Local Law.
Conclusion
Option 1 is recommended as the purpose of this report is to allow the Local Law relating to
Advertising Devices made by Council on 18 February 2003, to be amended to so as to reflect
the recommendation of the Western Australian Government Joint Standing Committee on
Delegated Legislation.
EXECUTIVE RECOMMENDATION
1. Council resolves to give public notice that it intends to adopt amendments to its
Advertising Devices Local Law so as to reflect the recommendations of the Western
Australian Government Joint Standing Committee on Delegated Legislation.
2. The proposed Local Law to amend the text of the Advertising Devices Local Law is to
be advertised for public information state-wide and locally with a submission period
of no less than six (6) weeks as required under Section 3.12(3) and (3a) of the Local
Government Act 1995.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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3. A copy of the proposed amended Local Law be provided to the Minister.
4. Following the public submission period the proposed amended Local Law to be
returned to Council for further consideration and adoption.
OUTCOME OF THE COUNCIL COMMITTEE MEETING - 6 FEBRUARY 2007
The Executive Recommendation was moved Cr Jones, seconded Cr Leigh and adopted to
become the Committee Recommendation.
COMMITTEE RECOMMENDATION
1. Council resolves to give public notice that it intends to adopt amendments to its
Advertising Devices Local Law so as to reflect the recommendations of the
Western Australian Government Joint Standing Committee on Delegated
Legislation.
2. The proposed Local Law to amend the text of the Advertising Devices Local Law
is to be advertised for public information state-wide and locally with a
submission period of no less than six (6) weeks as required under Section 3.12(3)
and (3a) of the Local Government Act 1995.
3. A copy of the proposed amended Local Law be provided to the Minister.
4. Following the public submission period the proposed amended Local Law to be
returned to Council for further consideration and adoption.
CARRIED 11 Votes "For" / Nil Votes "Against"
IMPORTANT: At the Council Meeting, the Person presiding must read aloud the following "Purpose
and Effect" of the proposed amended Local Law, before a decision is made.
"The purpose of the amendments to the Advertising Devices Local Law is to ensure compliance with the
recommendations of the Parliamentary Joint Standing Committee on Delegated Legislation.
The effect of the amendments to the Advertising Devices Local Law will be for Council to adopt, Gazette
and implement the recommendations of the Joint Standing Committee on Delegated Legislation."
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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12. MOTIONS (OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN) TO BE
DISCUSSED & RECOMMENDATIONS TO BE REFERRED TO THE NEXT
COUNCIL MEETING
12.1 MOTION ON NOTICE - ZERO TOLERANCE POLICY (VANDALISM)
File Ref: A00410
Applicant/Proponent: Councillor Tom Dillon
Author: Councillor Tom Dillon
Executive: If adopted by Council refer to: Michael Scott, Executive Manager
City Services
Cr Dillon had given notice that he intended to move the following motion at the Council
Committee Meeting on 6 February 2007:
"Council to immediately develop and adopt a Zero Tolerance Policy to address vandalism in
Bunbury (including graffiti, tagging and public asset destruction) such policy to be subject to
the following:
1. The policy to be established using the City's in-house resources i.e., devoid of
consultants.
2. The policy to provide for financial reward incentives to be offered to members of the
public who deliver information and details of offenders to relevant authorities.
3. A draft of the policy to be submitted to the Council Committee Meeting on 20 March
2007, for further deliberation and implementation. "
Comments - Cr Dillon
In support of his motion, Cr Dillon states that, "For many years, along with numerous
constituents, I have been conscious and concerned about the high prevalence of vandalism to
public (and private) property, infrastructure and collective assets of the City of Bunbury
which results in consequential works (and expensive costs) that have to be borne by our
ratepayers."
Executive Comments
The City Services Team has a range of operational strategies to deal as quickly as possible
with the consequences of vandalism and graffiti.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
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The focus for City Services is on the clean up and rectification of damage caused by anti-
social behaviour. Offensive graffiti and unsafe sites caused by vandalism are attended to by
City Services officers at the first practical opportunity through the Duty Officer/Call Out
system.
Where affordable and practical, anti-graffiti and vandalism resistant materials are used in the
construction of public facilities.
The Bunbury Police Department is informed when information is received (by City Services
officers) that identifies perpetrators of anti-social acts.
City Services officers work together with Ranger Services, Council's Community Crime
Prevention Project and local Police on vandalism and graffiti reduction strategies.
City Services officers do not have powers under the Local Government Act 1995 to prosecute
individuals alleged to have undertaken acts of graffiti or vandalism.
In the opinion of City Services officers, a policy and reward system to deter vandalism and
graffiti would require considerable legal scrutiny prior to implementation and the department
does not currently have the resources to undertake this project.
A high profile education programme, driven by the Mayor, councillors and Council officers
that works with schools, existing community and business groups could prove to be more
effective.
OUTCOME OF THE COUNCIL COMMITTEE MEETING - 6 FEBRUARY 2007
The Motion was moved Cr Dillon, seconded Cr Craddock with an amendment to point 2. to
add the words "following successful convictions having been achieved through the State's
legal processes."
The following concerns were raised during discussion:
- Up to $20,000 needs to be considered as a budget item for this project in lieu of the
proposal for a financial reward programme.
- Extensive consultation with stakeholder groups and government agencies (including
the Community Crime Prevention Committee) is recommended before the Council
considers formulating and adopting the policy.
- Introduction of the policy might actually have an adverse effect i.e., exacerbate the
level of graffiti/vandalism or increase community anger.
- A strategy for privately owned property also needs to be developed.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 74
- The Police should be invited to a briefing session to give their view on graffiti and
how it is related to other issues such as alcohol or substance abuse.
- The issue is too complex to be dealt with in such a short space of time.
The motion was put to the vote and defeated as follows:
MOTION
Council to immediately develop and adopt a Zero Tolerance Policy to address vandalism in
Bunbury (including graffiti, tagging and public asset destruction) such policy to be subject to
the following:
1. The policy to be established using the City's in-house resources i.e., devoid of
consultants.
2. The policy to provide for financial reward incentives to be offered to members of the
public who deliver information and details of offenders to relevant authorities,
following successful convictions having been achieved through the State's legal
processes.
3. A draft of the policy to be submitted to the Council Committee Meeting on 20 March
2007, for further deliberation and implementation.
LOST 5 Votes "For" / 6 Votes "Against"
For: Crs Dillon, Craddock, Wenn, Frisina & T Smith
Against: Mayor D Smith & Crs Jones, Leigh, Rose, Lambert & Rooney
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 75
13. "URGENT" BUSINESS WITH THE APPROVAL OF THE MAJORITY OF
MEMBERS PRESENT
Nil.
14. ITEMS TO BE NOTED
14.1 ITEMS TO BE NOTED (NO DISCUSSION) AT THE COUNCIL COMMITTEE
MEETING
File Ref: Various
Applicant/Proponent: Internal Report
Author: Various
Executive: Various
A report had been circulated to members under separate cover.
OUTCOME OF THE COUNCIL COMMITTEE MEETING - 6 FEBRUARY 2007
Cr Jones disclosed an impartiality interest in some of the development and subdivision
applications listed in item 9 as these properties are located in the same street as her place of
residence. As the applications have already been approved, Cr Jones elected to remain at the
meeting and take part in the vote.
The Executive Recommendation was moved Cr Craddock, seconded Cr Dillon and adopted
to become the Committee Recommendation.
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 76
COMMITTEE RECOMMENDATION
The following items subject of a report circulated to Council Members under separate
cover, are noted for information only:
1. Title: Minutes - Bunbury Environment and Sustainability Advisory
Committee ("BESAC") - 4/12/2006
Author: Ben Deeley, Environmental Officer
File: A01981
2. Title: Minutes - Bunbury Airport Advisory Committee - 12/12/2006
Author: Michael Scott, Executive Manager City Services
File: F00080
3. Title: Minutes - Built Environment Advisory Committee ("BEAC") -
2/2/2006, 2/3/2006, 4/5/2006, 6/7/2006, 7/9/2006 & 7/12/2006
Author: Thor Farnworth, Senior Planner (Strategic & Environment)
File: A01290
4. Title: Minutes - Bunbury-Setagaya Sister Cities Committee - 7/6/2006,
5/7/2006, 2/8/2006, 6/9/2006, 18/10/2006 & 6/12/2006
Author: Sandra Goerling, Sister City Officer
File: Anthony Blee, Executive Manager City Life
5. Title: Temporary Road Closure - Salvation Appeal Toy Run - 9/12/2006
Author: John Kowal, Manager Ranger Services
File: R00549
6. Title: Temporary Road Closure - Cycling Event - 29/11/2006 to 14/3/2007
Author: John Kowal, Manager Ranger Services
File: R00549
7. Title: Minutes - Big Swamp Wildlife Park Committee - 6/11/2006 & 4/12/2006
Author: Grant Bilton, Technical Officer - Parklands
File: A00143
8. Title: Accounts for Payment for Period Ending 31/12/2006
Author: David Ransom, City Accountant
File: A00083
9. Title: Building/Planning/Subdivision Approvals - August and September
2006
Author: Gary Fitzgerald, Manager Development Services
File: A00566
CARRIED 11 Votes "For" / Nil Votes "Against"
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 77
14.2 ITEMS TO BE NOTED AND ENDORSED (NO DISCUSSION) AT THE COUNCIL
COMMITTEE MEETING
There were no items recommended for endorsement.
15. CONFIDENTIAL BUSINESS AS STIPULATED UNDER SECTION 5.23(2) OF THE
LOCAL GOVERNMENT ACT 1995
Nil.
16. CLOSE OF MEETING
There being no further business, the Presiding Member declared the meeting closed at
9.00pm.
---------------------
CONFIRMED this day 27 February 2007, to be a true and correct record of proceedings of
the Council (Standing) Committee Meeting held 6 February 2007.
___________________________
MAYOR D SMITH
PRESIDING MEMBER
6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________
Page 78