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1 MINUTES ORDINARY MEETING OF COUNCIL 17 November 2009 SHIRE OF ASHBURTON ORDINARY COUNCIL MEETING MINUTES Meeting Room, Community Recreation Centre, TOM PRICE 17 November 2009

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Page 1: AGENDA – ORDINARY MEETING OF COUNCIL

1 MINUTES – ORDINARY MEETING OF COUNCIL

17 November 2009

SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING

MINUTES

Meeting Room, Community Recreation Centre,

TOM PRICE 17 November 2009

Page 2: AGENDA – ORDINARY MEETING OF COUNCIL

2 MINUTES – ORDINARY MEETING OF COUNCIL

17 November 2009

SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING Dear Councillor, Notice is hereby given that an Ordinary Meeting of the Council of the Shire of Ashburton will be held on Tuesday 17 November 2009 at the Meeting Room, Community Recreation Centre, Tom Price commencing at 9.00am. The business to be transacted is shown in the Agenda. Keith Pearson CHIEF EXECUTIVE OFFICER 11 November 2009

DISCLAIMER The recommendations contained in the Agenda are subject to confirmation by Council. The Shire of Ashburton warns that anyone who has any application lodged with Council must obtain and should only rely on written confirmation of the outcomes of the application following the Council meeting, and any conditions attaching to the decision made by the Council in respect of the application. No responsibility whatsoever is implied or accepted by the Shire of Ashburton for any act, omission or statement or intimation occurring during a Council meeting.

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1.11.0 DECLARATION OF OPENING ...................................................................................................................... 5

2.11.0 ANNOUNCEMENT OF VISITORS ................................................................................................................. 5

3.11.0 ATTENDANCE .............................................................................................................................................. 5

3.11.01 PRESENT ..................................................................................................................................................... 5

3.11.02 APOLOGIES ................................................................................................................................................. 5

3.11.03 APPROVED LEAVE OF ABSENCE .............................................................................................................. 5

4.11.0 PUBLIC QUESTION TIME ............................................................................................................................. 5

4.11.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ..................................................... 6

4.11.02 PUBLIC QUESTION TIME ............................................................................................................................ 6

5.11.0 APPLICATIONS FOR LEAVE OF ABSENCE ................................................................................................ 7

6.11.0 PETITIONS / DEPUTATIONS / PRESENTATIONS ........................................................................................ 7

6.11.01 PETITIONS ................................................................................................................................................... 7

6.11.02 DEPUTATIONS ............................................................................................................................................ 7

6.11.03 PRESENTATIONS ........................................................................................................................................ 7

7.11.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING .......................................................................... 7

7.11.01 ORDINARY MEETING OF COUNCIL HELD ON 27 October 2009 ................................................................ 7

8.11.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION ............................................. 8

9.11.0 DECLARATION BY MEMBERS .................................................................................................................... 8

10.11.0 ENGINEERING SERVICES REPORTS ......................................................................................................... 9

10.11.29 PROPOSED PURCHASE OF RESERVE 39500 WILLOW ROAD AND RESERVE 40222 POINSETTIA STREET TOM PRICE.............................................................................................................. 9

10.11.30 ENGINEERING SERVICES DECISION STATUS REPORT ........................................................................ 12

11.11.01 COMMUNITY & ECONOMIC SERVICES REPORTS ................................................................................... 15

11.11.20 COMMUNITY & ECONOMIC SERVICES DECISION STATUS REPORT .................................................... 15

12.11.0 CORPORATE SERVICES REPORTS ......................................................................................................... 19

12.11.68 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FOR MONTH OF SEPTEMBER 2009 ........................................................................................................................................................... 19

12.11.69 AMENDMENT TO 2009/10 FEES & CHARGES .......................................................................................... 21

12.11.71 STATEMENT BY SHIRE PRESIDENT ........................................................................................................ 23

12.11.72 CORPORATE SERVICES STATUS REPORT............................................................................................. 28

13.11.0 DEVELOPMENT SERVICES REPORTS .................................................................................................... 36

13.11.73 DRAFT LOCAL PLANNING POLICIES FOR ADOPTION .......................................................................... 36

13.11.74 PLANNING APPLICATION – PROPOSED RESIDENTIAL BUILDING AT UNIT 1 NO. 6, MAUNSELL COURT, ONSLOW ................................................................................................................................. 40

13.11.75 DRAFT LOCAL PLANNING POLICY - SOCIAL IMPACT ASSESSMENT FOR ADOPTION ................... 46

13.11.76 DRAFT PERCENT FOR PUBLIC ART LOCAL PLANNING POLICY REVIEW .......................................... 49

13.11.77 DRAFT TOWN PLANNING SCHEME AMENDMENT– MODIFICATIONS TO STRATEGIC INDUSTRIAL ZONE TO PROHIBIT TRANSIENT WORKFORCE ACCOMMODATION. .............................. 52

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13.11.78 DELEGATED AUTHORITY – „UNAUTHORISED‟ DEVELOPMENT ............................................................ 55

13.11.79 DEVELOPMENT APPROVALS ISSUED UNDER DELEGATION – SHIRE OF ASHBURTON TOWN PLANNING SCHEME NO.7 ........................................................................................................................ 58

13.11.80 PLANNING APPLICATION – PROPOSED RESIDENTIAL BUILDING AT No. 7, LOT 629 CLARKE PLACE, ONSLOW ...................................................................................................................................... 60

13.11.81 DEVELOPMENT SERVICES DECISION STATUS REPORT....................................................................... 66

14.11.0 WESTERN OPERATIONS REPORTS ......................................................................................................... 84

14.11.16 LOT 944 FIRST STREET, ONSLOW RESERVE 42626 .............................................................................. 84

14.11.18 SERVICE CENTRE AGREEMENT BETWEEN THE SHIRE OF ASHBURTON AND WA COUNTRY HEALTH SERVICE. .................................................................................................................................... 89

14.11.19 WESTERN OPERATIONS STATUS REPORT ............................................................................................ 92

15.11.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING ........................ 97

15.11.16 NOMINATIONS FOR BOARD OF PILBARA DEVELOPMENT COMMISSION ...................................... 97

15.11.17 RFT 09/09 SUPPLY OF URBAN PLANNING CONSULTANCY SERVICES FOR TOWN CENTRE REVITALISATION – TOM PRICE ................................................................................................................ 99

16.11.0 CONFIDENTIAL REPORTS....................................................................................................................... 102

16.11.17 CONFIDENTIAL REPORT – EXECUTIVE MANAGER WESTERN OPERATIONS ................................ 103

12.11.70 BUDGET 2009/2010 – PRELIMINARY CONSIDERATION ........................................................................ 104

17.11.0 NEXT MEETING ........................................................................................................................................ 108

18.11.0 CLOSURE OF MEETING ........................................................................................................................... 108

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17 November 2009

1.11.0 DECLARATION OF OPENING

The Shire President declared the meeting open at 9:07am

2.11.0 ANNOUNCEMENT OF VISITORS

3.11.0 ATTENDANCE

3.11.01 PRESENT

Cr G Musgrave Shire President, Ashburton Ward Cr L Rumble Deputy Shire President, Paraburdoo Ward Cr I Dias Paraburdoo Ward Cr L Corker Ashburton Ward Cr L Shields Tom Price Ward Cr T Bloem Tom Price Ward Cr S Dann Pannawonica Ward Mr K Pearson Chief Executive Officer Mr J Breen Executive Manager Engineering Services Ms A O‟Halloran Executive Manager Western Operations Mrs P Hanson Executive Assistant CEO

3.11.02 APOLOGIES

Cr L Thomas Tableland Ward Cr K White Onslow Ward Mr L Softley Executive Manager Community & Economic Services

Council Decision

MOVED: Cr Corker SECONDED: Cr Dann That Council accept the apology from Cr Kerry White, Cr Lorraine Thomas and Larry Softley

CARRIED 7/0

3.11.03 APPROVED LEAVE OF ABSENCE

There have been no approved leave of absence

4.11.0 PUBLIC QUESTION TIME

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4.11.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

The following responses are given to three questions Cr White tabled on behalf of Mr G & Mrs J Whitmore at the Ordinary Meting of Council held in Paraburdoo on 27 October 2009. Question 1.

I would like you to ask Council who decided to put this writ on us? Was it a Council decision or a decision made by a staff member? As the staff knew at this point that the rates were incorrect as it had been discussed. Answer

The administrative responsibility for the collecting outstanding debts rests with the Chief Executive Office who acts under delegation in accordance with Council Policy FIN13 “Accounts Receivable Recovery”.

Question 2 I want to know why are the staff at the Shire able to act as a real estate company passing in emails advertising private rental properties in Onslow, for people that are out of town owners? We include a copy of one of the emails and the flyer. Answer

The Shire does not act as a “real estate company”. The Shire has a community noticeboard on which community members sometimes list properties which are available for rent.

Question 3

I want to know again when this Writ is being lifted? as we have been told by the manager of the ANZ bank we will not get a mortgage for the land release in Onslow while we have this on our credit rating. This is another example of our lack of ability to earn an income because of this mistake by the Shire who have not asked their lawyers to remove this from our credit rating. Answer

The Shire is unable to comment on the details of matters which are the subject of litigation.

4.11.02 PUBLIC QUESTION TIME

4.11.02.01 Joanne Abraham, Tom Price resident, expressed concern in relation to a safety issue on the footpath/bridge/road interface on Central Road in Tom Price. The width of the footpath over the bridge and its closeness to on coming traffic is a potential hazard. What can Council do to rectify? The Shire President thanked Ms Abraham for attending the meeting and has requested the Executive Manager Engineering Services to respond formally. 4.11.02.02 Julie Watson, representing the Tom Price Early Years Group, tabled a letter of concerning the narrow bridge on Central Road near the Tom Price High School, and requested the Council to rectify this safety issue.

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The Shire President took the question on notice and a written response will be prepared. 4.11.02.03 Michelle Ralston, a Tom Price resident, expressed concern re the narrow width of the path of the bridge on Central Road and has witnessed some near accidents during busy times of the school day. Ms Ralston tabled a letter detailing the issue. The Shire President took the question on notice and a written response will be prepared.

5.11.0 APPLICATIONS FOR LEAVE OF ABSENCE

Council Decision

MOVED: Cr Corker SECONDED: Cr Dann That Council accept applications for leave of absence from Cr‟s Tony Bloem and Stephanne Dann for the December Council meeting.

CARRIED 7/0

6.11.0 PETITIONS / DEPUTATIONS / PRESENTATIONS

6.11.01 PETITIONS

6.11.02 DEPUTATIONS

.

6.11.03 PRESENTATIONS

Dee Bourbon and Dr Sheridan Coakes from Coakes Consulting and Mike Edmondson and Andre d‟ Entremont from Chevron presented an overview of the Social impact findings to date, in relation to the Chevron‟s Wheatstone LNG project which it is proposing to construct in the proposed Ashburton North Strategic Industrial Area, Onslow.

7.11.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

9:56am Cr Shields left the room

7.11.01 ORDINARY MEETING OF COUNCIL HELD ON 27 October 2009

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Council Decision / Officers Recommendation

MOVED: Cr Corker SECONDED: Cr Rumble

That the Minutes of the Ordinary Meeting of Council held on 27 October 2009, as previously circulated on 3 November 2009, be confirmed as a true and accurate record

CARRIED 6/0

9:58am Cr Shields returned to the room

8.11.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION

The Shire President advised that agenda item 14.11.16, was being withdrawn from the agenda, due to late correspondence being received in relation to the tender process.

9.11.0 DECLARATION BY MEMBERS

Cr‟s Musgrave, Rumble, Dias, Bloem, Shields, Corker, Dann stated they had given due consideration to all matters contained in the agenda before the meeting.

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10.11.0 ENGINEERING SERVICES REPORTS

10.11.29 PROPOSED PURCHASE OF RESERVE 39500 WILLOW ROAD AND RESERVE 40222 POINSETTIA STREET TOM PRICE

FILE REFERENCE: OR.CM.10.4 AUTHOR‟S NAME AND POSITION:

Kardeen Black Engineering Projects Officer

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 20th October 2009 PREVIOUS MEETING REFERENCE:

Not Applicable

Summary During general discussions with State Lands Section of the Department of Regional Development and Lands (DRDL) the issue of the future use of Shire Reserves 39500 and 40222, Tom Price was raised. Council direction on this matter is requested.

Background The State Land Services Section of DRDL has advised the Shire that it may freehold and purchase two existing reserves (Reserves 39500 and 40222) within Tom Price, subject to a requirement for public consultation. The subject parcels of land are currently reserves for recreational purposes vested in the Shire of Ashburton. The Willow Rd reserve (corner of Willow Rd and East Rd) is approximately 880m2. It currently carries a residential zoning and would be immediately suitable for a residential dwelling. The land at the end of Poinsettia Street is approximately 3000m2. This land was used as a park in past years. If Council decides it would be best used for residential purposes, it would require re-zoning. Possible uses for the land could include subdividing and selling the residential blocks, Council building on the land for Shire housing stock or maintaining the land as a reserve. The attached plan shows the location of the two reserves

ATTACHMENT 10.11.29

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It is unlikely either parcel will be required for recreational purposes in the future, due to the proximity of other sports fields and play grounds Comment

It is recommended that Council proceed with an application to ascertain the purchase price of the sites. This will enable Council to make clear decisions as to how it will deal with the land. There is no compulsion to purchase should Council not wishing to do so. Advertising has been conducted in the form of signs on site, advertisements in the relevant newspapers and letters sent to adjoining land owners and occupiers. Discussions with Rio Tinto as the service provider were also entered into. The latter discussions highlighted the need for easements to be recorded on the land title in order to protect utilities. No objections were received as a result of the public consultation. Services are all adjacent to the land but will require easements. Valuations and subsequent purchase prices would be determined as part of the approval process. A reasonable estimate based on previous purchases would be $40/m2. Therefore Willow Road reserve could be estimated as costing $35,200 and Poinsettia $120,000. If Council purchases the land it may decide to on-sell the land, develop the sites or build staff accommodation. Statutory Environment

Local Government Act 1995 s.3.55 Policy Implications

There are no policy implications relative to this issue. Financial Implications

It is estimated that the total cost of the two lots would be approximately $160,000. An unidentified income would be generated in the event of the land being sold. Strategic Implications

Strategic Plan 2007 – 2011

1. Diversify and Strengthen the Economy: o Facilitate land development throughout region (1.2);

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Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation

MOVED: Cr Corker SECONDED: Cr Bloem

That Council agree, in principal, to purchase land in Willow St, Reserve 39500 and Poinsettia St Reserve 40222 subject to the purchase price being good value for money, within Council‟s financial and budgetary capacity and titles being free of encumbrances that may diminish the effective use of the land. CARRIED 7/0

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10.11.30 ENGINEERING SERVICES DECISION STATUS REPORT

#

Council Meeting

(mm/yy)

Agenda Ref.

Report Title Council Decision Current Status

1 10/09 10.10.27 Business Plan for a Major Land Transaction – Warara Street, Strata Title Land Development

That Council;

1. Endorses the Business Plan - Major Land Transaction – Warara Street Strata Title Land Development

2. Directs the CEO to advertise tenders for the work and to report back to Council for acceptance of the tender.

Finalised October 09 meeting To be developed for November

2 08/09 10.08.22 Temporary Road Closure – Yampire Gorge Road

That Council 1. Proceed with the closure to vehicular traffic of

Yampire Gorge Road, all sections for a further period of eighteen (18) months.

2. Instruct the Chief Executive Officer to place signage to this effect. 3. Instruct the Chief Executive Officer to notify

relevant authorities and stakeholders as to the continued closure of the road.

Ongoing Closure being implemented

3 07/09 10.07.16 Duck Creek Road- Road Closure

That Council, 1. Having noted that no submissions were received

in response to public notice of the proposed closure, proceed with the closure to vehicular traffic of Duck Creek Road to vehicular traffic in accordance with Section 3.50 of the Local Government Act 1995.

2. Instruct the Chief Executive Officer, to place

signage to this effect, and advise Main Roads Pilbara Region of Council‟s decision.

Ongoing MRWA notified, signage being prepared.

4 07/09 10.07.17 Tom Price Primary School – Conversion of Creek Road into

That Council 1. Resolve to support the proposal to convert Creek

Road into a one-way thoroughfare, in an anti clockwise direction.

Ongoing Minister for Transport formally has approved the

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One Way Thoroughfare

2. Direct the Chief Executive Officer to advise the

Minister for Transport of Council‟s decision and request that Creek Road be formally made one-

way.

proposal. Work likely to commence in January 2010.

5 07/09 10.07.18 Shire Administration Building Temporary Office

That Council; 1. Approves the immediate installation of a 12metre

by 3metre relocatable office building at the rear of the existing Tom Price Office.

2. Allocates $180,000 plus GST in the 09/10 budget to complete the work.

Ongoing Building on order.

6 07/07 10.07.19 Residential Land Development – Tom Price

That Council approves the staged development and sale of residential land in Tom Price as generally outlined in the report, subject to the costing of the project being incorporated into the Shire‟s budget for the 2007/08 financial year.

Ongoing Indicative cost received of $310,000 ex GST.

7 05/07 10.05.13 Proposed Sale of Land – Lot 308 Boonderoo Road, Tom Price

That Council; 1. Directs the EMES to carry out a preliminary

subdivision design for the vacant Lot 308 Boonderoo Rd land owned by the Shire.

2. Directs the EMES to seek a valuation of the

proposed subdivision and prepare a detailed cost estimate for all works including survey, design and construction.

3. Subject to financial viability, directs the CEO to

call tenders for the subject land subject to the proviso that subdivision of the land, availability of title and provision of services be completed within 6 months of the sale, and the tender be on the basis that there is no requirement to accept any tender

Ongoing Proposed plan of subdivision being reconfigured to allow improved yield. Awaiting re-design to enable report to Council.

8 04/07 10.04.07 Relocation of Onslow Landfill

1. That the new Onslow Landfill Site be located adjacent to Onslow Road, 17km from Onslow as

Ongoing

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identified as Site 3 by the consultant, Sinclair Knight Mertz in its report titled „Onslow Landfill Options‟ subject to environmental approvals being forthcoming.

2. That following relevant approvals being obtained

for Site 3, the site be used as the new Onslow Landfill Site. A Further transfer station be established on the existing landfill site in Eagle Nest Rd following closure and rehabilitation of that site.

3. That funds amounting to $100,000 be transferred from the Urban Road Maintenance Account No E121045 (Spent to Date $135,000 from budget $410,000) and that a new account be established to carry out further investigative works on Site 3 prior to seeking approvals and final design.

Monitoring bores completed. Geotechnical report received early August. Land lease of new site being processed by DPI. Change of DPI personnel has delayed progress. Consultants (SKM) seeking DEC approvals. .

Council Decision / Officers Recommendation MOVED: Cr Dann SECONDED: Cr Corker That Council note the contents of this report CARRIED 7/0

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11.11.01 COMMUNITY & ECONOMIC SERVICES REPORTS

11.11.20 COMMUNITY & ECONOMIC SERVICES DECISION STATUS REPORT # Council

Meeting

(mm/yy)

Agenda

Ref. Report Title Council Decision Current Status

1. 10/09 11.10.18 Tender to Lease – Portion Lot 811 Ashburton Ave, Paraburdoo

That Council accept the tender from Skilled Group Ltd to lease part of lot 811 Ashburton Ave Paraburdoo in accordance with its tender submission and instructs the CEO to enter into a lease agreement on the following terms:

a) Monthly rent offered under the lease agreement for 24 months with a further option of 24 months, monthly rent of $2166.00.

b) Agreement to pay all outgoings and utilities including water, electricity and 50% rates.

c) Agreement to complete renovations of subdivision of office by installing partitioning wall and new front doorway to office to the satisfaction of the Chief

Executive Officer prior to occupancy.

Ongoing Awaiting return of signed lease from Skilled Group.

2. 07/09 11.07.12 Location of Entry Statement – Tom Price

Council appoint Crs Fernandez, Musgrave and Bloem, the Executive Manager, Community & Economic Services Larry Softley and the Executive Manager, Engineering Services, Jeff Breen to a working group for the purpose of looking at all the options for the establishment of the Tom Price Town Entry Statement.

Ongoing Arranged meeting 1/09/09 Cancelled. To be rescheduled due to Councillors not being available.

3. 11/08 15.11.01 Proposed Paraburdoo Mechanical Shovel Tourist Project

That Council: a) Support the installation of a “mechanical shovel” to be

gifted by Rio Tinto Ltd on the Paraburdoo Caravan Park site, subject to a satisfactory investigation into the impact of the proposal on the proposed Paraburdoo Caravan Park and Public safety.

b) Delegation to the Chief Executive Officer the authority to make a final decision in relation to this matter after

Ongoing Rio Tinto has advised that the shovel will not be available until the second half of this calendar year.

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having regard to (a) and (ii) above and after consultation with Cr Linton Rumble and Cr Ivan Dias

4. 05/08 11.05.08 Review of Council Policies – Recreation & Culture

Requests the Chief Executive Officer to conduct a further review in relation to Council Policies REC05 & REC07 and report back to Council.

Ongoing Administration Manager has reviewed a number of policies that have been adopted by Council and remaining policy reviews are awaiting legal advice.

5. 05/08 11.05.09 Proposed Tom Price Structure Plan & Town Centre Revitalisation Plans

That Council; 1. Form a Tom Price Structure Plan and Town Centre

Revitalisation Working Group, consisting of Cr Bloem, Cr Martin & Cr Fernandez, Chief Executive Officer, Executive Manager Community and Economic Services, Executive Manager Engineering Services, representative of Department for Planning & Infrastructure, representative of Department of Industry and Resources, representative of Department of Environment & Conservation, representative of Landcorp, representative of Rio Tinto Iron Ore P/L, and representative of Pilbara Development Commission

Ongoing Study Brief for urban design/architectural design has been prepared. Tenders closed on Tuesday 29

th

September 2009 and will be the subject of submission to November Council meeting.

6. 1

10/08 02/08

11.10.26 11.02.01

Reconstruction of Vic Hayden Memorial Swimming Pool

1. Resolves to bring forward funding of $400,000 this fiscal year 2008/2009 for the construction of the smaller pool at the Vic Hayton Memorial Pool Tom Price.

2. Resolves to endorse the early start of construction (pending confirmation of RIFP funding) by ACS Pty Ltd for the construction of the smaller pool at the Vic Hayton Memorial Pool Tom Price

Council decision as at February 2008 That Council;

1. Directs the CEO to secure the necessary funding to refurbish the Vic Hayton Memorial Pool;

2. Providing that the necessary funds are available,

Ongoing Works currently in progress. Concrete work on children‟s pool completed. Estimated time of completion of the pool & associated works including the building renovations 2

nd week in

December 2009, then the pool is expected to be open to the Community.

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resolves to refurbish the Vic Hayton Memorial Pool generally in the following manner;

o Refurbishment of the existing pool, retaining it as a

50metre, six lane facility including removal of the surrounding upstand, increase in return water gutter capacity, installation of a semi-wet deck, installation of new waterstop joints, tiling and provision of new hardware

o Upgrade of balance tank and plant room including new pumps and filtration system and extension of plant room

o Demolition of existing toddler‟s pool and construction of new toddler‟s of semi – circular shape with radius 3.81m and depth 230mm to 300mm connected to a children‟s pool, being a rectangular pool with curved sides 6.1m x 12.8m and depth 760mm to 910mm.

o Demolition and construction of concrete concourse including new drainage

o Upgrade lighting to required standard o Refurbishment of existing office, kiosk, change rooms and

toilets; 3. Providing that the necessary funds are available, resolves to direct the Executive Manager Community & Economic Services to call a Design and Construct Tender for the works

7. 7 08/07 11.08.09 Expressions of interest Reserve 39204 Tom Price (Archery Site)

That Council a) Invite expressions of interest from persons or

community groups interested in entering into a License Agreement to occupy Reserve 39204

b) That any proponent be required to seek necessary approvals and site clearance as part of their expressions of interest.

Ongoing Awaiting comment from DPI in regards to Management of Reserve and restrictions.

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Council Decision / Officers Recommendation MOVED: Cr Corker SECONDED: Cr Shields That Council note the contents of this report CARRIED 7/0

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12.11.0 CORPORATE SERVICES REPORTS

12.11.68 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FOR MONTH OF SEPTEMBER 2009

FILE REFERENCE: FI.RE AUTHOR‟S NAME AND POSITION:

Keith Pearson Chief Executive Officer

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 11 November 2009 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this item

PREVIOUS MEETING REFERENCE:

Not Applicable

Summary

In accordance with Regulation 34 of the Local Government (Financial Management) Regulations, the Shire is to prepare a monthly Statement of Financial Activity for consideration by Council

Background

Regulation 34 of the Local Government (Financial Management) Regulations requires the Shire to prepare a monthly statement of Financial Activity for consideration by Council Comment The objective of this report is to present a summary of the financial activity for the month of September 2009 to Council. Documents included are:

Statements of Financial Activity and associated statements

Schedule of Accounts paid under delegated authority

Payroll reconciliation

Visa Statements for Chief Executive Officer, Executive Manager Engineering Services, Executive Manager Community & Economic Services and Executive Manager Western Operations

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ATTACHMENTS 12.11.68

It is noted that it has not been possible to prepare a Financial Variance Report due to the budget for the current financial year not having been adopted. It is anticipated that this matter will be addressed in time for the December meeting of Council. Consultation

Finance Manager Finance Officers Consultant Accountant Statutory Environment

Local Government Act 1995, Part 6 – Financial Management, Section 6.4 and Local Government (Financial Management) Regulation 1996, Part 4 – Financial Reports – Regulation 34, (regulation 35 repealed in Gazette 31 March 2005).

Policy Implications

There are no Council Policies relevant to this issue. Financial Implications

Financial implications and performance to budget are reported to Council on a monthly basis. Strategic Implications

There are no strategic implications relevant to this issue Voting Requirement

Simple Majority Required

Council Decision / Officers Recommendation MOVED: Cr Bloem SECONDED: Cr Corker That Council receive the Financial Report, Schedule of Accounts, Payroll and Visa Statements for September 2009

CARRIED 7/0

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12.11.69 AMENDMENT TO 2009/10 FEES & CHARGES

FILE REFERENCE: FI.FI AUTHOR‟S NAME AND POSITION:

Donna Reid Administration Manager

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 4 November 2009

DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.

PREVIOUS MEETING REFERENCE:

Agenda Item 12.06.30 Ordinary Meeting of Council, 16 June, 2009

Summary

Since the adoption of the 2009-10 Fees & Charges schedule at the June 2009 Council meeting, a number of proposed amendments have been identified. It is recommended that the amendments be incorporated into an amended Fees and Charges schedule.

Background

The Shire‟s 2009-10 Fees & Charges Schedule was adopted by Council at the 16 June, 2009 Ordinary Meeting. Since that date a number of proposed amendments have been identified. Comment The proposed amendments are mainly related to the operations of the Environmental Health Section and the operation of the Shire‟s two swimming pools. Firstly the Principal Environmental Health officer proposes that Council introduce a range of fees which are the result of the recent gazetting of the Food Act 2008. He also proposes a range of fees which go some way to recouping costs associated with the Shire providing services in accordance with the Health Act 1911. The Executive Manager Community & Economic Services and the Tom Price Pool Manager have also recommended amendments to the pool fees. These changes are largely due to a desire to separate pool charges in a more meaningful way in order that the resultant financial records yield more meaningful information.

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A copy of the amended schedule is attached.

ATTACHMENT 12.11.69

Consultation

Executive Management Team Program Managers

Policy Implications There are no policy implications relative to this issue. Statutory Environment

Local Government Act 1995 Section 6.16 and 6.17

Financial Implications

The revenue raised from Fees and Charges set by Council will underpin its ability to provide services and facilities for the 2009/2010 financial year and into the future. Strategic Implications

Proposed fees and charges are included in the Draft 2009/2010 Budget. Health Act 1911 Food Act 2008 Voting Requirement

Absolute Majority Required Council Decision / Officers Recommendation

MOVED: Cr Corker SECONDED: Cr Dias

That Council (a) adopt the amended 2009/10 Fees and Charges schedule as per the attachment

12.11.69 for the year ended 30th June 2010. (b) Instruct the Chief Executive Officer to advertise the amended Fees and Charges

Schedule.

CARRIED 7/0

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Council Decision MOVED: Cr Corker SECONDED: Cr Rumble That Council suspend standing orders and move agenda item 12.11.70 “Budget 2009/10 – Preliminary Consideration” to after agenda item 16.11.17 on the agenda CARRIED 7/0

12.11.71 STATEMENT BY SHIRE PRESIDENT

FILE REFERENCE: OR.CI.1.1 AUTHOR‟S NAME AND POSITION:

Greg Musgrave Shire President

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 12 November 2009

DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.

PREVIOUS MEETING REFERENCE:

Not Applicable

Summary

In this report Cr Musgrave, in his capacity as the Shire‟s new President identifies the opportunities facing the Shire of Ashburton as it enters a period of growth, which has not previously been experienced by the Shire. He also highlights the issues needing to be considered and addressed by the Shire‟s elected representatives and its administration in order to ensure optimum benefits to the Shire‟s community.

Background

Firstly, I wish to restate how proud I‟m am having being given a second opportunity to serve as the Shire of Ashburton President. What I‟m about to say in no way is meant to criticise any individual or any decision. All I propose to do today is to relay my enthusiasm and my commitment to do the best I can and be honest and open about my beliefs and ideas to ensure I do a good job as the Shire President.

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That‟s what I‟ve been elected to do and I only have two years before another election takes place. So I do not want to stand still. It is obvious the Shire is experiencing a large number of emerging opportunities within its boundaries. A highlight is the recently approved Gorgon Natural Gas Project on Barrow Island and there are plans for a major Liquid Natural Gas (and associated projects) in the vicinity of Onslow. Inland, there will be a further major ramping up of resource activity with the Rio Tinto Iron Ore group of companies proposing to ramp up production from 220M tons of iron ore p.a. to 300M tons p.a. Furthermore, Fortescue Metals Group, as recently as today, has stated that it is interested in the construction of the new Solomon Mine (initial production 60MT p.a.) in the east of the Shire. New activity in the Shire is not limited to resource activity. Very real interest is awakening in the tourism industry in the Pilbara. The Shire with the icons such as the Karijini and Millstream National Parks, as well as the coastal attractions of Onslow, has much to offer. This is highlighted by the planning presently being undertaken into the construction of a possible new, major tourist accommodation facility in Tom Price. Comment

It‟s important for me you all know I fully understand and prepared to commit to my pivotal role:

in presiding at meetings;

providing leadership and guidance to the community;

carrying out civic duties of behalf of Local Government;

speaking of behalf of Council; and moreover

liaising with the CEO on the local Government affairs and the performance of its functions.

In understanding my leadership role, I also understand my statutory role in communicating information between electors and the Council. I am sure Councillors understand we present views of the electors to Council, but it‟s important to acknowledge we must be extremely willing, as I am, to take an overall approach to issues where necessary for the good of the community as a whole. It is never about the individual. As a Councillor I fully understand the role of Council and that is we are the governing body of a local government which consists of elected members whose role is:

To direct and control the local government affairs; and

To be responsible for the performance of the local government functions and to oversee finances/resources etc.

Having said that I also am aware of the division or separation of powers, simply put, the CEO is responsible for the day to day operations, providing advice and manages the complete control of

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staff. Councillors know this and must at all times manage any communication with CEO and other staff with respect. As the President I cannot do it alone, nor do I want to, although I will prevail as Councils leader when necessary and appropriate. As we all know personalities loom large in local government from time to time. A team effort by Councillors and staff alike is essential to the achievement of good government. Let us not pretend that it has not been and always will be plain sailing. In order to unite as a strong Council we must all acknowledge our role, maturity and professionalism. The working relationship between the Council and the CEO and staff is critical to good management of our Shire. It‟s up to every individual Councillor and staff member, not only to respect respective roles, but also commit themselves to the concept of team work. As mature professionals and individuals a serious breakdown of this relationship in some instances can be costly and publicly embarrassing for all parties. At all times we must show genuine support and respect for our fellow councillors, staff and leadership group. Showing a genuine united support within and publicly lends itself to utmost professionalism and a Shire that is on the move. All the seminars and training we‟ve attended to over the years clearly show successful local governments are generally those that have good working relationships between Councillors, the CEO and staff. We also know there will always be differences of opinions and conflicts of ideas. The very nature of democracy promotes free ideas and speech, and as we know, this can lead to conflict. While we‟ve witnessed such dealings within our Council, like any Council, from time to time, we must also act in a professional manner to ensure conflict is resolved and not allowed to fester and resurface outside chambers. This is a form of leadership in itself. What does this all mean? I trust we can respect each other‟s views, skills and experiences, show total support for each other in every respect and get behind the CEO and Council and take on the emerging challenges and opportunities that confront us now. As the President I am going to try my utmost to impress these views on Councillors. I place on record that it is important for me to recognise the Deputy President, and his role, as much as possible where it is appropriate do so. This is essential as it demonstrates unity and strength. I want us to succeed in this regard since as a group we must put the Shire of Ashburton in limelight for the right reasons. Let us improve communication across our Shire in every way. Between staff and Councillors and vice versa, as well as between the Shire and the people it serves. This can take place in

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many ways, an improved layout of our newsletter is a start, and it is important that it is posted to every letterbox in our Shire. We have so much to report, many achievements to boast about and therefore why shouldn‟t we be promoted in the Media as often as we can, if other Pilbara Shires can do it we can. We know the Shire or Council is not about individuals, but this does not mean we cannot report achievements relating to individuals, or teams or whole divisions. It is a strong desire of mine to pick 5 or 6 big juicy projects and put them under people‟s noses, let‟s not hide these as too often we get criticised because nobody knows. Consultation Chief Executive Officer Statutory Environment

The actions of the Shire President and Councillors and staff are regulated by the Local Government Act. Policy Implications

There are no policy implications relevant to this issue.

Financial Implications There are no financial implications relevant to this issue. Strategic Implications

There are no strategic implications relevant to this issue. Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation

MOVED: Cr Corker SECONDED: Cr Dann

That Council note the contents of this report.

CARRIED 7/0

Council Decision MOVED: Cr Corker SECONDED: Cr Dias That Council adjourn for morning tea at 10:38am CARRIED 7/0

10:39am Councillors, CEO, Executive Managers and staff left the meeting

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11:10am Councillors, CEO, Executive Managers and staff returned to the meeting

Council Decision MOVED: Cr Dann SECONDED: Cr Dias That Council re-convene from morning tea at 11:11am CARRIED 7/0

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12.11.72 CORPORATE SERVICES STATUS REPORT

# Council Meeting

Agenda

Ref. Report Title Council Decision Current

Status

1 10/09 12.10.59 October 2009 Ordinary Election Results

That Council notes the election results for the 2009 Ordinary Election for the Shire of Ashburton as follows:

1. Ivan Dias was elected for the Paraburdoo ward with expiry of term 2013; 2. Lisa Shields and Gregory Musgrave were elected for the Tom Price ward

with expiry of term 2013, and 3. Stephanne Dann was elected unopposed for the Pannawonica ward with

expiry of term 2013.

Finalised Report Noted

2 10/09 12.10.60 Proposed Office & Facility Closures & Arrangements over 2009/10 Christmas/New Year Period

That Council:

1. Note the closure of the offices in Tom Price, Paraburdoo, Pannawonica and Onslow for the period Wednesday 23

rd December 2009 to Friday 1

st

January, 2010, reopening Monday 4th January 2010.

2. Note the clo 3. sure of the offices at 2pm on Wednesday 23

rd December 2009.

4. Note the changes to the rubbish collection. 5. Note closure of the pools on Christmas Day only.

Ongoing to be advertised in December Pilbara News and on Shire notice boards

3

10/09 12.10.61 Appointment of Councillors and staff to Committees

That Council 1. Previous Appointments

1.1 Revoke all previous appointments of Council and Staff to committees.

Committees of Council 2. Audit Committee

2.1 Appoints Shire President, Cr Shields, Cr Corker, Cr White to the Audit Committee.

Working Groups of Council 3. Occupational Safety & Health Committee

3.1 Appoints Cr Bloem to attend OS&H Meetings. All Councillors are to be invited to attend OS&H meeting as relevant to their location.

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# Council Meeting

Agenda

Ref. Report Title Council Decision Current

Status

4

4. Onslow Structure Plan Steering Committee Working Group 4.1 Appoints Cr White, Chief Executive Officer, Executive Manager Western Operations.

5. Bush Fire Advisory Committee

5.1 Appoints Shire President, Cr Dias, Chief Executive Officer, Supervisor Emergency Services / Ranger Eastern Sector.

6. Onslow Townscape Committee

6.1 Appoints Cr White, Executive Manager Western Operations and the Executive Manager Engineering Services to the Onslow Townscape Committee.

7. Old Onslow Advisory Committee

7.1 Appoints Cr Corker and the Executive Manager Western Operations to the Old Onslow Advisory Committee Working Group.

8. Station Access Roads Advisory Committee Working Group

8.1 Should a committee request delegates from Council, Cr Corker and the Executive Manager Engineering Services be appointed. External Committees

9. Pilbara Regional Council 9.1 Appoints Cr Musgrave, Cr Rumble, and the Chief Executive Officer as delegates to the Pilbara Regional Council and also matters relating to the Western Australian Local Government Association.

9.2 Appoints Cr Corker and Cr Thomas as deputy delegates to the Pilbara Regional Council.

10. Regional Road Group

10.1 Appoints Cr Musgrave, Cr Rumble and the Chief Executive Officer as delegates to the Regional Road Group. 10.2 Appoints Cr Thomas and Cr Corker as deputy delegates to the Regional Road Group

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# Council Meeting

Agenda

Ref. Report Title Council Decision Current

Status

11. Consortium of the West Pilbara Communities for Children Committee

11.1 Appoints Cr Shields, Cr Dann and the Executive Manager of Community and Economic Services as Council‟s delegates to the Consortium of the West Pilbara Communities for Children.

12. Local Emergency Management Committees and Local Recovery

Committees 12.1 Appoints Cr White, and the Executive Manager Western Operations

as delegates to the Onslow LEMC and the Onslow Local Recovery Committee and that the Executive Manager Western Operations be appointed as the Onslow Local Recovery Coordinator.

12.2 Appoints Cr Dias, Cr Musgrave, Supervisor Emergency Services /

Senior Ranger and the Executive Manager Engineering Services as delegates to the Tom Price / Paraburdoo LEMC and the Tom Price/Paraburdoo Local Recovery Committee and that the Supervisor Emergency Services / Senior Ranger be appointed as the Tom Price/Paraburdoo Local Recovery Co-ordinator.

12.3 Appoints Cr Dann, and Executive Manager Western Operations as

delegates to the Pannawonica LEMC and the Pannawonica Local Recovery Committee and that the Executive Manager Western Operations be appointed as the Pannawonica Local Recovery Co-ordinator.

13. Pilbara District Emergency Management Committee 13.1 Should a representative be required the Supervisor Emergency

Services / Senior Ranger and the Executive Manager Western Operations be appointed to the Pilbara District Emergency Management Committee (DEMAC).

14. Onslow Tourism and Progress Association

14.1 Should a representative be required Cr White and the Executive Manager Western Operations be appointed as Council‟s delegates to the Onslow Tourism and Progress Association Inc.

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# Council Meeting

Agenda

Ref. Report Title Council Decision Current

Status

15. Land Conservation District Committees (LCDC) –

15.1 Appoints Cr Thomas as the Council‟s representative on the Ashburton Land Conservation District Committee. 15.2 The Council‟s representative on the Roebourne/Port Hedland Land Conservation District Committee is to be appointed at a later date. 15.3 The Council‟s representative on the Lyndon Land Conservation District Committee is to be appointed at a later date.

5 10/09 12.10.62 Ordinary Meeting of Council – Schedule of Meeting Dates, Times and Locations

That Council:

1. Adopt the Schedule of Meeting dates, times and locations for the period February 2010 to December 2010 as outlined below; and

2. pursuant to section 5.25(g) of the Local Government Act 1995, give local public notice of the Schedule of Meeting dates, times and locations for the period February 2010 to December 2010.

Ongoing Notice to be given in the December 2009, Pilbara News. Notices have been placed on Shire notice boards

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# Council Meeting

Agenda

Ref. Report Title Council Decision Current

Status

DATE LOCATION TIME

Wednesday, 17 February 2010

Meeting Room. Community Recreation Centre, Tom Price

9.00am

Wednesday, 17 March 2010

Ashburton Hall Ashburton Avenue, Paraburdoo

9.00am

Wednesday, 21 April 2010

RM Forrest Memorial Hall Second Avenue, Onslow

9.00am

Wednesday, 19 May 2010

Meeting Room, Community Recreation Centre, Tom Price

9.00am

Wednesday, 16 June 2010

Barry Lang Centre, Pannawonica 8.00am

Wednesday, 21 July 2010

Ashburton Hall Ashburton Avenue, Paraburdoo

9.00am

Wednesday, 18 August 2010

Meeting Room, community Recreation Centre, Tom Price

9.00am

Wednesday, 15 September 2010

RM Forrest Memorial Hall, Second Avenue, Onslow

9.00am

Wednesday, 20 October 2010

Ashburton Hall Ashburton Avenue, Paraburdoo

9.00am

Wednesday, 17 November 2010

Barry Lang Centre, Pannawonica 8.00am

Wednesday, 15 December 2010

RM Forrest Memorial Hall, Second Avenue, Onslow

9.00am

6 10/09 12.10.66 Proposed Differential Rates 2009/10

That Council:-

1. Advertise its intention, in accordance with section 6.36 of the Local Government Act 1995, to adopt the following rates in the dollar and minimum rates for the differential rating categories specified for the 2009/10 Financial Year:

GRV Rate: 7.9183 cents in the dollar

UV Rate: 24.4888 cents in the dollar

UV Pastoral: 7.8997 cents in the dollar

Ongoing Notice of Proposed Rates presently the subject of public advertising

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# Council Meeting

Agenda

Ref. Report Title Council Decision Current

Status

UV Rural Tourism 12.2404 cents in the dollar

UV Rural/Commercial: 24.4888 cents in the dollar

UV Rural/Industrial: 24.4888 cents in the dollar

UV Mining Lease: 24.4888 cents in the dollar

UV Exploration: 24.4888 cents in the dollar

UV Petroleum Production: 24.4888 cents in the dollar

UV Prospecting Licence: 24.4888 cents in the dollar

UV Permits: 24.4888 cents in the dollar

UV General Purpose Lease:24.4888 cents in the dollar

Minimum Rate: $512.50

2. Apply to the Minister of Local Government and Regional Development to approve council in imposing the Schedule of Rates outlined in point 1 above.

3. Approve a Special Meeting of Council, for the purpose of considering the setting of rates and adopting its budget for the 2009/10 Financial Year, on Tuesday 24 November 2009.

7 10/09 16.10.16 Confidential Report – Appointment of Executive Manager- Corporate Services

That Council in accordance with Section 5.37(2) of the Local Government Act 1995, accept the Chief Executive Officer‟s recommendation to employ Mr Frank Ludovico as Executive Manager Corporate Services, for a period of three years with an option for a further two years, generally in accordance with the terms and conditions applying to other Executive Manager positions with the Shire of Ashburton, and subject to the detail contained in the officers report

accompanying this agenda item.

Finalised Contract being finalised

8 08/09 12.08.45 Staff Accommodation and Utilities Policy Revision

1. That Council approves the Staff Housing Policy EMP19 as amended attachment 12.08.45

2. Instruct the CEO for further review of the policy and report back to council

Ongoing

1. Amended Policy included in Policy Register More extensive policy review

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# Council Meeting

Agenda

Ref. Report Title Council Decision Current

Status

commenced

9 08/09 16.08.13 Shire Financial Management Systems

That Council refer this report to the Audit Committee Ongoing Audit Committee meeting deferred consideration of this item in light of imminent finalisation of Audited Accounts

10 05/09 12.05.23 Strategic Plan Two Yearly Review

That Council 1. instruct the Chief Executive Officer to undertake a review of the Shire‟s Strategic Plan 2007 – 2011 (Incorporating the Shire‟s Plan for the Future). The review is to incorporate a community consultation process which is to include, but not be limited to:-

A community survey;

A series of facilitated community focus group meetings.

2. Allocate $9,000 to meet consultant costs associated with the strategic plan review

Ongoing Public consultation process has been undertaken Comments received are being reviewed. Subject of report to December 2009 meeting

11 08/07 12.08.54 Local Laws That Council 1. Having considered any submissions received, approves the minor

amendments to the Shire‟s Cats Local Law, Dogs Local Law, Extractive Industries Local Law, Health Local Law and Parking Local Law, as set out in Attachments 12.08.54, pursuant to the provisions of Section 3.16 of the Local Government Act 1995.Instructs the CEO to research the possibility of the adoption of a Property Local Law which would encompass the following local laws – Aerodromes, Cemeteries with the

Ongoing DL Consulting has been engaged to review local laws.

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# Council Meeting

Agenda

Ref. Report Title Council Decision Current

Status

possibility of Seashore Management, Caravan/Camping and Park Management, Reserve Management and Signage also being included.

Meeting held between consultant and Executive Management Team. Report to be submitted to December meeting.

Council Decision / Officers Recommendation MOVED: Cr Dann SECONDED: Cr Bloem That Council note the contents of the report CARRIED 7/0

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36

13.11.0 DEVELOPMENT SERVICES REPORTS

13.11.73 DRAFT LOCAL PLANNING POLICIES FOR ADOPTION

FILE REFERENCE: PS.DV.21 AUTHOR‟S NAME AND POSITION:

Rob Paull Shire‟s Town Planning Consultant

NAME OF APPLICANT/ RESPONDENT:

Shire of Ashburton

DATE REPORT WRITTEN: 6 August 2009 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.

PREVIOUS MEETING REFERENCE:

Agenda Item 13.07.33 -Ordinary Meeting of Council 21 July 2009

Summary At its Ordinary meeting of July 2009, Council adopted the following as local planning policies and resolved that they be advertised for public comment in accordance with the provisions of the Shire‟s Town Planning Scheme No. 7: LPP 1 Transportable Dwellings New and Secondhand LPP 2 Home Occupancy/Home Business. LPP 3 Advertising Signs LPP 4 Retail Uses in the Industrial Zone LPP 5 Alfresco Dining. LPP 6 Caretaker Accommodation LPP 7 Cat Pounds and Catteries LPP 8 Dog Kennels LPP 9 Non Residential Land Uses in Residential Areas LPP10 Design Guidelines for the Tom Price Town Centre LPP11 Cash-in-Lieu Parking Requirements.

The advertised period is complete and no submissions were received. It is recommended that the above draft Local Planning Polices be adopted without modification.

Background

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37

At its Ordinary meeting of July 2009, Council adopted the following as local planning policies and for them to be advertised for public comment in accordance with the provisions of the Shire‟s Town Planning Scheme No. 7 („Scheme‟): LPP 1 Transportable Dwellings New and Secondhand LPP 2 Home Occupancy/Home Business. LPP 3 Advertising Signs LPP 4 Retail Uses in the Industrial Zone LPP 5 Alfresco Dining. LPP 6 Caretaker Accommodation LPP 7 Cat Pounds and Catteries LPP 8 Dog Kennels LPP 9 Non Residential Land Uses in Residential Areas LPP10 Design Guidelines for the Tom Price Town Centre LPP11 Cash-in-Lieu Parking Requirements.

Council may prepare Local Planning Policies (“LPP”) which are in effect, similar to Council Policies but are policies which have a significant status before bodies such as the State Administrative Tribunal, albeit not to the extent of a Local Law or the planning scheme itself. Comment

The increased status of LPP beyond that of a conventional Council Policy is only achieved after Council has followed a formal process which includes the preparation and advertising of a draft policy, a period for public submissions, and a Council review of the policy and, finally the public notification of the adopted policy. In this regard, the above LPP‟s were advertised and no submissions were received. It is recommended that they be formally adopted by Council. Copies of the relevant Local Planning Policies are included

ATTACHMENT 13.11.73 Consultation

Chief Executive Officer The public consultation provisions of Town Planning Scheme No.7 have been observed and no submissions were received. Statutory Environment

Shire of Ashburton Town Planning Scheme No. 7 Policy Implications

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38

Adoption of the Policy will reaffirm Council‟s desire to establish a strong policy framework for town planning assessments. Financial Implications

There are no financial implications that relate to this matter. Strategic Implications

There are no strategic implications that relate to this matter. Voting Requirement Simple Majority Required Officers Recommendation That Council: 1. Adopt the following policies (attachment 13.11.73) as a Local Planning Policy under the

provisions of the Shire of Ashburton Town Planning Scheme No. 7: LPP 1 Transportable Dwellings New and Secondhand LPP 2 Home Occupancy/Home Business. LPP 3 Advertising Signs LPP 4 Retail Uses in the Industrial Zone LPP 5 Alfresco Dining. LPP 6 Caretaker Accommodation LPP 7 Cat Pounds and Catteries LPP 8 Dog Kennels LPP 9 Non Residential Land Uses in Residential Areas LPP10 Design Guidelines for the Tom Price Town Centre LPP11 Cash-in-Lieu Parking Requirements.

2. Give public notice of Council‟s decision as is required by the Shire of Ashburton Town

Planning Scheme No. 7.

Council Decision MOVED: Cr Corker SECONDED: Cr Rumble That Council:

1. Adopt the following policies (attachment 13.11.73) as a Local Planning Policy

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39

under the provisions of the Shire of Ashburton Town Planning Scheme No. 7: LPP 1 Transportable Dwellings New and Secondhand LPP 2 Home Occupancy/Home Business. LPP 4 Retail Uses in the Industrial Zone LPP 5 Alfresco Dining. LPP 6 Caretaker Accommodation LPP 7 Cat Pounds and Catteries LPP 8 Dog Kennels LPP 9 Non Residential Land Uses in Residential Areas LPP10 Design Guidelines for the Tom Price Town Centre LPP11 Cash-in-Lieu Parking Requirements.

2. Give public notice of Council‟s decision as is required by the Shire of Ashburton

Town Planning Scheme No. 7.

3. That the Chief Executive Officer prepare a report for the December 2009 meeting of Council in relation to Local Planning Policy LPP3 “Advertising Signs”, having particular regard to the matter of advertising signs on sporting ovals.

CARRIED 7/0

Reason for change to recommendation Council requested LPP 3 Advertising Signs to be reconsidered in order to take into account whether sponsor advertising should be liberalised on the Shire‟s sporting ovals.

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13.11.74 PLANNING APPLICATION – PROPOSED RESIDENTIAL BUILDING AT UNIT 1 NO. 6, MAUNSELL COURT, ONSLOW

FILE REFERENCE: ON.MG.911 AUTHOR‟S NAME AND POSITION:

Rob Paull Shire‟s Town Planning Consultant

NAME OF APPLICANT/ RESPONDENT:

C and K Wagland (Owner and Applicant)

DATE REPORT WRITTEN: 5 November 2009 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.

PREVIOUS MEETING REFERENCE:

Not Applicable

Summary

A development application has been submitted by the owner of Unit 1, No. 6 Maunsell Court, Onslow to operate a “residential building” use within the existing dwelling on the subject site. The dwelling is part of a duplex development. The Shire‟s Local Planning Scheme No. 7 („Scheme‟) zones the land Residential with a R Code of 12.5/30 and lists the proposed use “residential building” as a land use which Council may permit after public notice of the application. Advertising has taken place in accordance with the Scheme provisions and one submission (objection) was received. The Application reflects the provisions of the adopted „Local Planning Policy - Conversion of Dwellings to Residential Buildings‟. It is recommended that the “residential building” use within the existing dwelling be approved subject to a number of conditions (including a requirement that operation of the use to be reviewed after a period of twelve months).

Background Unit 1, No. 6 Maunsell Corner, Onslow has an area of 375m2 and is occupied by a 3 bedroom dwelling forming part of a duplex development.

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Council resolved at the August 2009 meeting that draft „Local Planning Policy - Conversion of Dwellings to Residential Buildings‟ would be adopted. Final advertising of the adopted Policy in accordance with the Scheme took place on 11 September 2009. Proposal

The development application has been submitted by the owner of Unit 1, No. 6 Maunsell Court, Onslow to operate a “residential building” use within the existing dwelling on the subject site. A location plan is included as Attachment 1 with Attachments 2, 3 and 4 providing the plans and letter accompanying the Application.

ATTACHMENT 13.11.74 Comment The proposed use fits within the definition of a „Residential Building‟ which is defined in the Shire‟s Local Planning Scheme No. 7 („Scheme) as: ““... a building or portion of a building being used or intended, adapted or designed to be used for the purpose of human habitation on a permanent basis by:

a single person,

a single family,

no more than six (6) persons who do not comprise a single family”.

Residential building means: “…a building or portion of a building, together with rooms and outbuildings separate from such building but ancillary thereto; such building being used or intended, adapted or designed to be used for the purpose of human habitation: a) temporarily by two or more persons, or b) permanently by seven or more persons, who do not comprise a single family; but does not include a hospital, nursing home, prison, juvenile detention centre, school, residential school, hotel, motel or holiday accommodation”. The subject land is zoned Residential in the Local Planning Scheme No. 7 („Scheme‟) with an R Coding of 12.5/30. Within such a zone a Residential Building is a „D‟ use which is a use that Council may, at its discretion, permit after public notice of application has been given. Advertising has taken place in accordance with the Scheme provisions one submission (objection) was received. The submission is discussed in detail in the Schedule attached to this Report. ATTACHMENT 13.11.74a Planning Policy The proposal is also subject to the provisions of Council Policy PLA10 – Non-Residential Land Users in Residential Areas.

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While not binding on Council, it should give consideration to the contents of the policy when considering the subject development application. The policy states that any application is to be considered on its individual merits, having regard to the following criteria.

Location

Residential Amenity

Noise generation

Essential Services and Waste Disposal

Traffic implications

Building modifications More specific to the Application is Local Planning Policy - Conversion of Dwellings and Outbuildings to Residential Buildings‟. Clause 4.5 of the Policy states: a) Applications will be examined with regard to the following:

i) potential for increased levels of noise, disturbance and car parking and the likely greater impact on the residential amenity of neighbouring or nearby dwellings;

ii) to ensure that any such uses will not adversely impact on residential amenity values

currently enjoyed by those in surrounding properties; iii) car parking provision of one car for each bedroom within the facility shall be provided

on the site two of which may be in tandem formation. Where a greater number of cars is required these will be examined in each case as to the position of the bays and their likely impact on the street and neighbouring properties; and

iv) residences must be connected to the Water Authority‟s reticulated water supply.

b) Should Council consider Approval of an Application, the following will apply:

i) approval is a particular approval, and is not transferable without prior written approval of Council;

ii) where the existing standard of a dwelling is considered by Council to be inappropriate,

consent may not be granted until the dwelling is upgraded to a satisfactory standard. If, after inspection, the dwelling is considered to be unsafe or inadequate for Residential Building use, the application will be refused;

iii) smoke alarms along with emergency response plans (i.e. fire escape route maps,

cyclone evacuation contingency, etc) are required and are to be clearly displayed in a conspicuous location within the dwelling;

iv) any approval granted will be for a limited period of one (1) year such that the Council

may be assured that the use will not result in any unreasonable impact on adjoining properties;

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v) car parking spaces shall be well constructed, kerbed and drained to the satisfaction

and specifications of the Shire; and vii) in areas where driveways are steeply inclined or stabilisation problems are likely to

occur Council may require sealing of the car park and access/egress to avoid problems occurring at a later date.

In considering the current proposal against both PLA10 – Non-Residential Land Users in Residential Areas and Local Planning Policy - Conversion of Dwellings and Outbuildings to Residential Buildings‟, the following comments are made. Location The location of the proposed use has no particular significance and all parking generated to be accommodated on site. Residential Amenity The proposal‟s greatest potential for an adverse impact on the residential amenity of the surrounding area is noise generation and car parking. It is considered that both these issues can be adequately addressed in the manner set out below. As further protection against inappropriate activity on the site, however, it is recommended that Council, if it decides to grant approval, should initially limit any approval it may issue to a period of twelve months after which time the use could be reviewed. Noise Generation Noise made by guests has the greatest potential to impact on the amenity of the local area. This is the case if the establishment is not well managed. In the event of Council deciding to issue a development approval it would be appropriate to include a condition that ensures the manager of the business to live sufficiently close so as to ensure close practical overseeing of the use. Essential Services and Waste Disposal The proposed use will have a minimal impact on water sewerage and power supplies, as well as other essential services. Traffic Implications While the proposal will not be a significant traffic generator in absolute terms, the proposed use has the potential to cause a localised problem if the parking it generates is not accommodated on-site. For this reason a requirement that adequate on-site parking spaces be provided and that all parking generated is accommodated on-site should be included in any development approval Council may decide to issue. Emergency Escape Plan The Applicant has provided a „fire escape plan‟ that shows an assembly area within the driveway of the dwelling. It is suggested that Approval be granted, a condition should be included that provides information to residents on cyclone evacuation contingency should be required.

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Building Modifications The policy requires that the appearance of the proposed non residential use should not impact on the residential character of the surrounding area. It is not proposed to make any external modifications to the existing dwelling which would result in this occurring. Consultation Details of the application were publically advertised and as a result one objection to the proposal was received from Mr Geoff Loxton of Property Solutions on behalf of Mackeral Islands Pty Ltd. An assessment of the grounds of objection are attached Statutory Environment

Planning and Development Act; and

Shire of Ashburton Local Planning Scheme No.7 Policy Implications

Council Policy PLA10, Non-Residential Land Uses in Residential Areas and Local Planning Policy - Conversion of Dwellings and Outbuildings to Residential Buildings‟ are relative to this issue. Financial Implications

There are no financial implications relative to this issue. Strategic Implications

There are no strategic implications relative to this issue. Voting Requirement

Simple majority required.

Council Decision / Officers Recommendation

MOVED: Cr Dann SECONDED: Cr Corker That Council: 1. With respect to the development application made by B and K Wagland to use the

existing dwelling at Unit 1, No. 6 Maunsell Court, Onslow for the purposes of a residential building, Council note the objection lodged by Geoff Loxton of Property Solutions on behalf of Mackerel Islands Pty Ltd to the application.

2. Approve the development application made by B and K Wagland to use the existing dwelling at Unit 1, No. 6 Maunsell Court, Onslow for the purposes of a residential

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building subject to the following conditions: a. The development shall comply with the Shire of Ashburton‟s Local Planning

Scheme No. 7, the Health Act, the Building Code of Australia, the West Australian Fire Board Regulations and any other relevant Acts, Regulations and Local Laws.

b. Not more than six guests shall be accommodated within the premises at any one

time. c. Prior to the use commencing, a site plan draw to scale and showing three (3) onsite

parking spaces in accordance with Appendix 9 of the Scheme shall be submitted to and approved in writing by the Shire of Ashburton.

d. Prior to the use commencing, an Emergency Escape Plan shall be prepared

providing information and the method of advising residents of cyclone evacuation contingency should be required and approved in writing by the Shire of Ashburton.

e. All car parking generated by the use shall occur within the boundaries of the property.

f. Car parking and vehicle circulation areas shall be available for these purposes at

all times and shall not be used for any other purpose. g. The use shall not continue beyond twelve calendar months of the date of granting

this approval, without the written approval of Council. When assessing whether the use is to be approved for a period beyond twelve calendar months, Council shall have regard to whether the use has had any adverse impact on the amenity of the surrounding area.

h. The use shall be managed to the satisfaction of Council at all times. A condition of

this approval is that the person/s with management responsibility shall be responsible for the operation of Unit 1, No. 6 Maunsell Court, Onslow.

i. The name or names of those persons with management responsibility for the use

are to be provided in writing to Council prior to the use commencing. The person/persons shall reside in Onslow. Council shall be advised in writing of any change in manager prior to the event occurring.

3. Note

A. Council has determined this application. Rights of appeal are also available to you under the Planning and Development Act 1928 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

CARRIED 6/1

Cr Musgrave voted against the motion

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13.11.75 DRAFT LOCAL PLANNING POLICY - SOCIAL IMPACT ASSESSMENT FOR ADOPTION

FILE REFERENCE: PS.DV.21 AUTHOR‟S NAME AND POSITION:

Rob Paull Shire‟s Town Planning Consultant

NAME OF APPLICANT/ RESPONDENT:

Shire of Ashburton

DATE REPORT WRITTEN: 6 August 2009 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.

PREVIOUS MEETING REFERENCE:

Agenda Item 13.08.51 – Ordinary Meeting of Council 18 August 2009

Summary At its Ordinary meeting of August 2009, Council adopted a draft „Local Planning Policy - Social Impact Assessment‟ and resolved that it be advertised in accordance with the provisions of the Shire‟s Town Planning Scheme No. 7 („Scheme‟). This draft Local Planning Policy introduces the process of Social Impact Assessment („SIA‟) which provides the opportunity for the Council and community to analyse, monitor and manage the social consequences of development. Where land use proposals are subject to a requirement for community consultation, the preparation of a Social Impact Statement („SIS‟) will be required that can serve to increase the flow of information to the community, Council and assist in resolving issues of concern. The draft Local Planning Policy - Social Impact Assessment should be considered in light of the adopted Local Planning Policy - Consultation for Planning Proposals. Both local planning polices will ensure that the community is informed of development and rezoning proposals that are sought within the Shire. The advertised period is complete and no submissions were received. Minor modification to the draft Policy is recommended in relation to seeking assessment of applications that may involve buffers – either internal or external to the land or the need for service corridors (including those of associated industries). It is recommended that the draft „Local Planning Policy - Consultation for Planning Proposals‟ be adopted with the modification as defined in the Policy (shown in Section 7.5 (d) - bold italics).

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Background At its Ordinary meeting of August 2009 Council adopted a draft „Local Planning Policy - Social Impact Assessment‟ (copy included as Attachment 13.11.75) and resolved that it be advertised in accordance with the provisions of the Shire‟s Town Planning Scheme No. 7 („Scheme‟). Social Impact Assessment („SIA‟) is the process of analysing, monitoring and managing the social consequences of development.

ATTACHMENT 13.11.75

Where land use proposals are subject to a requirement for community consultation (including rezoning) the preparation of a SIA can serve to increase the flow of information to the community and Council and assist in resolving issues of concern. The preparation of a SIA provides the community with an opportunity to identify, as part of the decision-making process, those local values that are worth protecting, the opportunities to maximise benefits and minimise negative impacts from a decision, and provide an avenue for benefits of local knowledge to be made available to the proponent. The successful implementation of the SIA process recognises that social, environmental and economic impacts are inextricably linked. The SIA process also requires consideration of likely flow on and cumulative impacts arising from decisions made. The SIA process is also viewed as an opportunity for a proponent to identify how local community values have been taken into account, and generally to outline the potential costs and benefits of a proposal. Comment

This Local Planning Policy requires a SIA to be prepared for all development proposals which are subject to a community consultation/advertising process, as well as rezoning and strategic planning proposals (such as reports accompanying Development Plans etc). It is the clear intention of the Shire that the SIA provides the information necessary to inform the public fully on proposals and reduce the potential for misunderstanding. The extent of information required in any resulting Social Impact Assessment and the method of engaging in community consultation will be directly proportionate to the extent of issues generated by the scale of the proposal. Minor modification to the draft Policy is recommended in relation to seeking assessment of applications that may involve buffers – either internal or external to the land or the need for service corridors (including those of associated industries). It is recommended that the draft „Local Planning Policy - Consultation for Planning Proposals‟ be adopted with the modification as defined in the Policy (shown in Section 7.5 (d) - bold italics). Consultation Chief Executive Officer The public consultation provisions of Town Planning Scheme No.7 have been observed and no submissions were received. Statutory Environment

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Shire of Ashburton Town Planning Scheme No. 7 Policy Implications

Adoption of the Policy will reaffirm Council‟s desire to establish strong communication links with the community. Financial Implications

There are no strategic implications that relate to this matter. Strategic Implications

There are no strategic implications that relate to this matter. However, it is noted that the Strategic Plan (2007 – 2011) states: “The Council recognises that in the face of rapid change due to economic development and population growth as well as social and environmental challenges, it is important for residents to be given the opportunity to become involved in the development of projects, programs and services. Effective community involvement allows Council to tap into diverse perspectives and potential solutions thus improving the quality of its decisions”. (Page12) The Local Planning Policy will enable the community to be aware and informed of development proposals and participate in the decision process. Voting Requirement Simple Majority Required Council Decision / Officers Recommendation MOVED: Cr Corker SECONDED: Cr Bloem That Council: 1. Adopt the draft Local Planning Policy - Social Impact Assessment as a Local Planning Policy (attachment 13.11.75) under the provisions of the Shire of Ashburton Town Planning Scheme No. 7. ATTACHMENT 13.11.75 2. Give public notice of Council‟s decision as is required by the Shire of Ashburton Town Planning Scheme No. 7. CARRIED 7/0

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13.11.76 DRAFT PERCENT FOR PUBLIC ART LOCAL PLANNING POLICY REVIEW

FILE REFERENCE: OR.CM.1 AUTHOR‟S NAME AND POSITION:

Rob Paull Shire‟s Town Planning Consultant

NAME OF APPLICANT/ RESPONDENT:

Shire of Ashburton

DATE REPORT WRITTEN: November 7, 2009 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.

PREVIOUS MEETING REFERENCE:

Agenda Item 13.12.48 – Ordinary Meeting of Council 16 December, 2008

Summary At its Ordinary meeting of December 2008, Council adopted „Local Planning Policy – Percent for Public Art‟ for final approval in accordance with the provisions of the Shire‟s Town Planning Scheme No. 7. In association with the adoption of the Planning Policy, Council also resolved: “3. Request the CEO to monitor Local Planning Policy – Percent for Public Art Policy and

report back to Council before December 2009 on the implementation of the Policy. One instance of the Policy implementation has been undertaken since its adoption - which was for the Shire‟s multi-purpose community complex at Onslow. Inclusion of „public art‟ was a recommendation associated with the proposed Tom Price airport however that application was withdrawn before Council determined the matter. It is recommended that Council note this Report and that no modification to the Planning Policy be undertaken. In addition, it is recommended that a further report monitoring the Policy be provided to Council before December 2010.

Background

At its Ordinary meeting of December 2008, Council adopted a Percent for Art Local Planning Policy („Policy‟) with the objective of protection and enhancement of amenity and identity of the public domain in Tom Price, Onslow, Paraburdoo, major commercial and community buildings, entry points, squares, foreshores and parks within the Shire of Ashburton through:

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promotion of civic, community and cultural identity by introducing public art which makes streets, open spaces and buildings more locally distinctive;

enhancing a sense of place by encouraging public art forms which reinforce and highlight European and Indigenous history, cultural heritage and contemporary traditions;

promotion of community reflection, inspiration, celebration and well being;

improving visual amenity by use of public art to screen unattractive views and improve the appearance of places; and

improving the functionality of the public domain through the use of public art to provide appropriate street furniture functions.

A copy of the Policy is included as Attachment

ATTACHMENT 13.11.76

During the advertising period of the (then) draft Policy, one submission was received from Rio Tinto Iron Ore P/L („RTIO‟) and which covered a range of matters relating to the Policy. The adopted Policy was modified from the (then) draft by clarifying that it only applied to all development that is open to the public and that the normal means of achieving the Policy outcomes would be by condition of Planning Approval. One instance of implementation of the Policy has been undertaken since its adoption which was for the Shire‟s multi-purpose community complex at Onslow. The relevant condition for the Planning Approval stated: “(g) The Applicant shall contribute towards public art in accordance with the

Shire‟s “Percent for Public Art Local Planning Policy” with contribution of not less than one percent of the value of the development (as defined in the Building Licence Application) to the satisfaction of the Shire of Ashburton, in one of the following ways:

provided on site; or cash-in-lieu payments; or a combination of onsite art or cash-in-lieu payments”.

Inclusion of „public art‟ was a recommendation associated with the proposed Tom Price airport however the application was withdrawn before Council determined the matter. Conclusions It is generally accepted that public art contributes to the attractiveness of a place to residents, businesses and tourism, encouraging and underpinning sustainable economic, social and environment values. The Policy offers a clear and concise approach to the process, whilst also incorporating community considerations such as opportunities for local artists and public art. At this stage, Council has not deliberated on any „private‟ Planning Applications where the Policy would normally be applied. However, Council has clearly shown commitment to the purpose and the practice of the Policy with the inclusion of the public art contribution for its own community building proposal in Onslow.

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It is recommended that no modification to the Policy be undertaken. However, it is recommended that a further report monitoring the Policy be provided to Council before December 2010. Consultation Chief Executive Officer Statutory Environment

Shire of Ashburton Town Planning Scheme No. 7 Policy Implications

This Policy provides a basis for the imposition of justifiable development conditions and clear guidance for the Shire to ensure a consistent approach for public art contributions. Financial Implications

The rate of one percent applied on developments with construction values over $1,000,000 will result in a minimum contribution of $10,000. The rate and threshold is an industry standard. The Shire's Capital Works is also subject to the Policy; this will require a portion of the allocated budget to be considered and may result in monies being set aside for all eligible proposals. Strategic Implications

There are no strategic implications that relate to this matter. Voting Requirement

Simple Majority Required

Council Decision / Officers Recommendation MOVED: Cr Corker SECONDED: Cr Bloem That Council 1. Note the contents of this Report; 2. Resolve that no modification to the adopted Local Planning Policy – Percent for

Public Art Policy be made. 3. Request the CEO to monitor Local Planning Policy – Percent for Public Art Policy and

report back to Council before December 2010 on the implementation of the Policy. CARRIED 7/0

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13.11.77 DRAFT TOWN PLANNING SCHEME AMENDMENT–

MODIFICATIONS TO STRATEGIC INDUSTRIAL ZONE TO PROHIBIT TRANSIENT WORKFORCE ACCOMMODATION.

FILE REFERENCE: PS.TP.7.7 AUTHOR‟S NAME AND POSITION:

Rob Paull Shire‟s Town Planning Consultant

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 19 October 2009 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.

PREVIOUS MEETING REFERENCE:

Not Applicable

Summary The Shire of Ashburton Local Planning Scheme No.7 („Scheme‟) prohibits the establishment of „caretakers dwelling‟ in the Strategic Industry zone but permits „transient workforce accommodation‟. This has the potential to allow many thousands of workers to be housed in industrial areas, which could be dangerous for their health and wellbeing. „Transient workforce accommodation‟ is a use prohibited in the „Industry zone‟, presumably on safety and amenity reasons. It is recommended that Council initiate an Amendment to the Scheme that prohibits „transient workforce accommodation‟ in the Strategic Industry zone

Background The Shire of Ashburton Local Planning Scheme No.7 („Scheme‟) defines transient workforce accommodation as: “.. dwellings intended for the temporary accommodation of transient workers and may be designed to allow transition to another use or may be designed as a permanent facility for transient workers and includes a contractors camp and dongas”.

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This is a prohibited use in the „Industry zone‟ but permissible in the „Strategic Industry‟ zone. In addition, a „caretaker‟s dwelling is prohibited the „Strategic Industry‟ zone. Comment The importance of the Strategic Industry zone to the economy of the Shire and indeed, of Western Australia is obvious when viewed in light of the proposed North Ashburton „Strategic Industrial‟ area. However, the type industry that is likely to be encouraged to the „Strategic Industry‟ zones may result in standards whereby odour, noise, increased risk, light spill, dust and reduced air quality may arise. For these reasons, it is considered reasonable that accommodation of any kind should not be supported with the Strategic Industry zone, the same as it is in the „Industry‟ zone. Consultation

Chief Executive Officer Executive Manager Engineering Services Statutory Environment

Planning and Development Act 2005 Town Planning Scheme amendments are processed in accordance with the Planning and Development Act and Town Planning Regulations. The decision on whether to adopt an amendment is solely that of Council. No appeal rights are available if Council elects not to adopt an amendment. Upon adoption by Council the amendment is referred to the Environmental Protection Authority (EPA) after which public advertising of the proposal occurs. After public advertising, Council will consider whether to adopt the amendment for final approval with or without modifications. The final decision on whether to grant final approval to an amendment rests with the Minister for Planning & Infrastructure, acting upon recommendation from the Western Australian Planning Commission. Shire of Ashburton Town Planning Scheme No. 7 Environmental Protection Act 1986 Policy Implications There are no policy implications that relate to this matter. Financial Implications

There are no direct financial implications that relate to this matter. Strategic Implications There are no strategic implications that relate to this matter.

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Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation

MOVED: Cr Corker SECONDED: Cr Dias

That Council In pursuance of Part V of the Planning and Development Act 2005 ("Act"), adopt for community consultation purposes draft Amendment No. 8 ("draft Amendment") to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") that proposes to: 1. That the zoning table be modified as follows: (a) Identifying „Transient Workforce Accommodation‟ as an „X' use class in the „Strategic Industry‟ zone; 2. That, as the draft Amendment is in the opinion of Council consistent with Part V and

Schedule 1 of the Act, regulations made pursuant to the Act and relevant state planning policy prepared under Part III of the Act, that upon preparation of the necessary documentation, the draft Amendment be referred to the Environmental Protection Authority (EPA) as required by Part V of the Act, and on receipt of a response from the EPA indicating that the draft Amendment is not subject to formal environmental assessment, be advertised for a period of 42 days, in accordance with the Town Planning Regulations 1967.

3. That following advertising of the draft Amendment, the matter be referred back to

Council for further consideration.

CARRIED 7/0

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13.11.78 DELEGATED AUTHORITY – „UNAUTHORISED‟ DEVELOPMENT

FILE REFERENCE: TPS 7 AUTHOR‟S NAME AND POSITION:

Rob Paull Shire‟s Town Planning Consultant

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 10 November 2009 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.

PREVIOUS MEETING REFERENCE:

Agenda Item 12.07.36 – Ordinary Meeting of Council 21 July 2009

Summary

For the efficiency and effectiveness of Shire operations, Council delegates numerous matters to Shire Staff. In this Regard, Council has delegated to the CEO and Manager Building Services certain functions under the Shire of Ashburton Town Planning Scheme No. 7 (per Delegation 037). The Shire is anticipating a significant number of „retrospective‟ planning applications for un authorised buildings and works at the Mine Industrial area in Tom Price. These will range from minor sheds and sea-containers to extensive engineered buildings. In order to ensure a quick response to the applications, it is recommended that specific delegation be provided to Staff to approve such applications. Any refusals would still require reference to Council.

Background For the efficiency and effectiveness of Shire operations, Council delegates numerous matters to Shire Staff. In this Regard, Council has delegated to the CEO and Manager Building Services certain functions under the Scheme (per Delegation 037). From inspections and enforcement action undertaken by Shire Staff, it is anticipated that the Shire could receive up to 40 or so planning applications for development in the Tom Price „Mine‟ industrial area. These applications will be „retrospective‟ for existing buildings (and possibly works). Clause 5.4 of the Shire of Ashburton Town Planning Scheme No. 7 („Scheme‟) states:

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5.4

Unauthorised Existing Development 5.4.1 The Local Government may require a planning approval for development or use

already commenced or carried out if it considers this work is not excluded from this requirement by subclause 5.3.1.

5.4.2 The Local Government may grant planning approval to development already commenced or carried out provided it is in accordance with the requirements of the Scheme or Local Government has exercised its discretion in accordance with the Scheme to vary these requirements.

5.4.3 Development which was unlawfully commenced shall not be rendered lawful by the

occurrence of any subsequent event except the granting of planning approval. 5.4.4 In granting planning approval for unlawful development Local Government may

require additional works, demolition or modifications to ensure the development complies with the provisions of the Scheme.

The delegation authorised by Council (see Attachment 13.11.78) does not specifically refer to ‟Unauthorised Existing Development‟. In this regard, all such applications would presently need to be referred to Council for consideration. Comment In order to ensure a swift response to the applications and to achieve compliance with the Scheme, it is recommended that specific delegation be provided to Staff to approve such applications. Refusals would still require reference to Council. A copy of the amended Delegation is attached for Councillors information ATTACHMENT 13.11.78 Consultation

Chief Executive Officer Manager Building Services Statutory Environment

Planning and Development Act Shire of Ashburton Town Planning Scheme No.7 Policy Implications

There are no policy implications relevant to this issue.

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Financial Implications

There are no financial implications relevant to this issue. Strategic Implications

Strategic Plan 2007 – 2011 (Incorporating Plan for the Future) 6 – A Well Managed and Contemporary Corporation 4 – Statutory Compliance, Compliance with Shire of Ashburton Procedures and Policies Voting Requirement Absolute Majority Required

Council Decision / Officers Recommendation

MOVED: Cr Corker SECONDED: Cr Bloem That Council adopt the following modification to Delegation DA037 (as per attachment). Certain planning functions relating to Shire of Ashburton Town Planning Scheme No. 7 as follows:

ATTACHMENT 13.11.78

(g) All land use applications received pursuant to Clause 5.4 Unauthorised Existing Development under the Shire of Ashburton Town Planning Scheme No.7 and amend Delegation 037 accordingly.

. CARRIED 7/0

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13.11.79 DEVELOPMENT APPROVALS ISSUED UNDER DELEGATION – SHIRE OF ASHBURTON TOWN PLANNING SCHEME NO.7

FILE REFERENCE: PS.TP.7 AUTHOR‟S NAME AND POSITION:

Belinda Chambers Executive Assistant Development Services

NAME OF APPLICANT/ RESPONDENT:

Not applicable

DATE REPORT WRITTEN: 10 November 2009 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.

PREVIOUS MEETING REFERENCE:

Not applicable

Summary Council has delegated to the Manager Building Services the authority to issue development approvals pursuant to the Shire‟s Town Planning Scheme No.7, in certain circumstances. Details of approvals issued by the Manager Building Services since the last Council Meeting are set out in this report.

Background

Council has delegated to the Manager Building Services the authority to issue development approvals, pursuant to the Shire‟s Town Planning Scheme No.7, in certain circumstances. Details of approvals issued by the Manger Building Services since the last Council Meeting are set out below. Comment

Two (2) approvals have been issued under delegation up until the date of this report. These were for:

Chevron Australia Planning Application – Temporary Offices at Old Airport Barrow Island

Chevron Australia Planning Application – Temporary Offices at Terminal Tank Farm Barrow Island

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Details of the approval may be obtained from the Manager Building Services. Statutory Environment

Clause 9.3 of the Shire of Ashburton Town Planning Scheme No.7. Sections 5.45, 5.46, 5.70 and 5.71 of the Local Government Act 1995. Shire Code of Conduct.

Policy Implications

There are no policy implications relative to this matter.

Financial Implications

There are no financial implications relative to this matter.

Strategic Implications

Values:

Professionalism

Quality service delivery & services

Our Focus:

Economic growth and diversity

Quality lifestyle and social well being

Ecological sustainability and best practice environmental management

Improved services and infrastructure

Best practice local government

Critical Success Factors:

Sound management practices

Determination and implementation of the agreed levels of services and service delivery

Action Plan, Improved Services & Infrastructure:

Review & implement managerial policies and practices

Voting Requirement

Simple Majority Required

Council Decision / Officers Recommendation

MOVED: Cr Bloem SECONDED: Cr Dann

That the contents of this report be noted. CARRIED 7/0

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13.11.80 PLANNING APPLICATION – PROPOSED RESIDENTIAL BUILDING AT No. 7, LOT 629 CLARKE PLACE, ONSLOW

FILE REFERENCE: ON.CL.629 AUTHOR‟S NAME AND POSITION:

Rob Paull Shire‟s Town Planning Consultant

NAME OF APPLICANT/ RESPONDENT:

Ms Kerry White (Owner) Nickcarfee Pty Ltd (Applicant)

DATE REPORT WRITTEN: 7 November 2009 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.

PREVIOUS MEETING REFERENCE:

Not Applicabe

Summary

A development application has been submitted on behalf of the owner of No. 7 (Lot 629) Clarke Place, Onslow to operate a “residential building” use within the existing dwelling on the subject site. The Shire‟s Local Planning Scheme No. 7 („Scheme‟) zones the land Residential with a R Code of 12.5/30 and lists the proposed use “residential building” as a land use which Counci l may permit after public notice of the application. Advertising has taken place in accordance with the Scheme provisions and no submissions were received. The Application reflects the provisions of the adopted „Local Planning Policy - Conversion of Dwellings to Residential Buildings‟. It is recommended that the “residential building” use within the existing dwelling be approved subject to a number of conditions (including a requirement that operation of the use to be reviewed after a period of twelve months).

Background

No. 7 (Lot 629) Clarke Place, Onslow is occupied by a 2 bedroom dwelling and carport.

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Council resolved at the August 2009 meeting that draft „Local Planning Policy - Conversion of Dwellings to Residential Buildings‟ would be adopted. Final advertising of the adopted Policy in accordance with the Scheme took place on 16 September 2009. Proposal

A development application has been submitted by the owner of No. 7 (Lot 629) Clarke Place, Onslow to operate a “residential building” use within the existing dwelling on the subject site. A location plan and photographs are included as Attachments 1 and 2 with Attachments 3 providing the plan accompanying the Application. ATTACHMENTS 13.11.80 Comment

The proposed use fits within the definition of a „Residential Building‟ which is defined in the Shire‟s Local Planning Scheme No. 7 („Scheme) as: ““... a building or portion of a building being used or intended, adapted or designed to be used for the purpose of human habitation on a permanent basis by:

a single person,

a single family,

no more than six (6) persons who do not comprise a single family”.

Residential building means: “…a building or portion of a building, together with rooms and outbuildings separate from such building but ancillary thereto; such building being used or intended, adapted or designed to be used for the purpose of human habitation: a) temporarily by two or more persons, or b) permanently by seven or more persons, who do not comprise a single family; but does not include a hospital, nursing home, prison, juvenile detention centre, school, residential school, hotel, motel or holiday accommodation”. The subject land is zoned Residential in the Local Planning Scheme No. 7 („Scheme‟) with an R Coding of 12.5/30. Within such a zone a Residential Building is a „D‟ use which is a use that Council may, at its discretion, permit after public notice of application has been given. Advertising has taken place in accordance with the Scheme provisions and no submissions were received. Planning Policy The proposal is also subject to the provisions of Council Policy PLA10 – Non-Residential Land Users in Residential Areas. While not binding on Council, it should give consideration to the contents of the policy when considering the subject development application. The policy states that any application is to be considered on its individual merits, having regard to the following criteria.

Location

Residential Amenity

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Noise generation

Essential Services and Waste Disposal

Traffic implications

Building modifications More specific to the Application is Local Planning Policy - Conversion of Dwellings and Outbuildings to Residential Buildings‟. Clause 4.5 of the Policy states: a) Applications will be examined with regard to the following:

i) potential for increased levels of noise, disturbance and car parking and the likely greater impact on the residential amenity of neighbouring or nearby dwellings;

ii) to ensure that any such uses will not adversely impact on residential amenity values

currently enjoyed by those in surrounding properties; iii) car parking provision of one car for each bedroom within the facility shall be provided

on the site two of which may be in tandem formation. Where a greater number of cars is required these will be examined in each case as to the position of the bays and their likely impact on the street and neighbouring properties; and

iv) residences must be connected to the Water Authority‟s reticulated water supply.

b) Should Council consider Approval of an Application, the following will apply:

i) approval is a particular approval, and is not transferable without prior written approval of Council;

ii) where the existing standard of a dwelling is considered by Council to be inappropriate,

consent may not be granted until the dwelling is upgraded to a satisfactory standard. If, after inspection, the dwelling is considered to be unsafe or inadequate for Residential Building use, the application will be refused;

iii) smoke alarms along with emergency response plans (i.e. fire escape route maps,

cyclone evacuation contingency, etc) are required and are to be clearly displayed in a conspicuous location within the dwelling;

iv) any approval granted will be for a limited period of one (1) year such that the Council

may be assured that the use will not result in any unreasonable impact on adjoining properties;

v) car parking spaces shall be well constructed, kerbed and drained to the satisfaction

and specifications of the Shire; and

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vii) in areas where driveways are steeply inclined or stabilisation problems are likely to occur Council may require sealing of the car park and access/egress to avoid problems occurring at a later date.

In considering the current proposal against both PLA10 – Non-Residential Land Users in Residential Areas and Local Planning Policy - Conversion of Dwellings and Outbuildings to Residential Buildings‟, the following comments are made. Location The location of the proposed use has no particular significance and all parking generated to be accommodated on site. Residential Amenity The proposal‟s greatest potential for an adverse impact on the residential amenity of the surrounding area is noise generation and car parking. It is considered that both these issues can be adequately addressed in the manner set out below. As further protection against inappropriate activity on the site, however, it is recommended that Council, if it decides to grant approval, should initially limit any approval it may issue to a period of twelve months after which time the use could be reviewed. Noise Generation Noise made by guests has the greatest potential to impact on the amenity of the local area. This is the case if the establishment is not well managed. In the event of Council deciding to issue a development approval it would be appropriate to include a condition that ensures the manager of the business to live sufficiently close so as to ensure close practical overseeing of the use. Essential Services and Waste Disposal The proposed use will have a minimal impact on water sewerage and power supplies, as well as other essential services. Traffic Implications While the proposal will not be a significant traffic generator in absolute terms, the proposed use has the potential to cause a localised problem if the parking it generates is not accommodated on-site. For this reason a requirement that adequate on-site parking spaces be provided and that all parking generated is accommodated on-site should be included in any development approval Council may decide to issue. It is noted that the Local Planning Policy states: “car parking spaces shall be well constructed, kerbed and drained to the satisfaction and specifications of the Shire”;. However in this instance, the parking area proposed is unsealed, reflecting the same arrangement for adjoining properties. In this regard, it is not recommended that the driveway and parking areas not be sealed on the basis of there not being any objections and reflecting the informal arrangements for adjoining land. Emergency Escape Plan

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The Applicant has provided a „fire escape plan‟ that shows an assembly area within the front yard of the dwelling. It is suggested that Approval be granted, a condition should be included that provides information to residents on cyclone evacuation contingency should be required. Building Modifications The policy requires that the appearance of the proposed non residential use should not impact on the residential character of the surrounding area. It is not proposed to make any external modifications to the existing dwelling which would result in this occurring. Statutory Environment

Planning and Development Act; and

Shire of Ashburton Local Planning Scheme No.7 Policy Implications

Council Policy PLA10, Non-Residential Land Uses in Residential Areas and Local Planning Policy - Conversion of Dwellings and Outbuildings to Residential Buildings‟ are relative to this issue. Financial Implications

There are no financial implications relative to this issue. Strategic Implications

There are no strategic implications relative to this issue. Voting Requirement

Simple majority required.

Council Decision / Officers Recommendation

MOVED: Cr Shields SECONDED: Cr Bloem

That Council: 4. Approve the development application made by Nickcarfee Pty Ltd to use the existing

dwelling at No. 7 (Lot 629) Clarke Place, Onslow for the purposes of a residential building subject to the following conditions:

a. The development shall comply with the Shire of Ashburton‟s Local Planning

Scheme No. 7, the Health Act, the Building Code of Australia, the West Australian Fire Board Regulations and any other relevant Acts, Regulations and Local Laws.

b. Not more than four guests shall be accommodated within the premises at any one

time.

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c. Prior to the use commencing, a site plan draw to scale and showing two (2) onsite

parking spaces in accordance with Appendix 9 of the Scheme shall be submitted to and approved in writing by the Shire of Ashburton.

d. Prior to the use commencing, an Emergency Escape Plan shall be prepared

providing information and the method of advising residents of cyclone evacuation contingency should be required and approved in writing by the Shire of Ashburton.

e. All car parking generated by the use shall occur within the boundaries of the

property. f. Vehicle parking, manoeuvring and circulation areas are to be suitably constructed,

drained and maintained to the satisfaction of the Shire of Ashburton. g. Car parking and vehicle circulation areas shall be available for these purposes at all

times and shall not be used for any other purpose. h. The use shall not continue beyond twelve calendar months of the date of granting

this approval, without the written approval of Council. When assessing whether the use is to be approved for a period beyond twelve calendar months, Council shall have regard to whether the use has had any adverse impact on the amenity of the surrounding area.

i. The use shall be managed to the satisfaction of Council at all times. A condition of

this approval is that the person/s with management responsibility shall be responsible for the operation of No. 7 (Lot 629) Clarke Place, Onslow

j. The name or names of those persons with management responsibility for the use

are to be provided in writing to Council prior to the use commencing. The person/persons shall reside in Onslow. Council shall be advised in writing of any change in manager prior to the event occurring.

5. Note

B. Council has determined this application. Rights of appeal are also available to you under the Planning and Development Act 1928 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

CARRIED 6/1 Cr Musgrave voted against the motion

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13.11.81 DEVELOPMENT SERVICES DECISION STATUS REPORT #

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1. 10/09 13.10.61 Implementing Development Panels for Local Government in Western Australia

That Council: 1. request the Chief Executive Officer to prepare a

submission to the Department of Planning and the WA Local Government Association on the implementation of Development Assessment Panels in Western Australia as referred to in this Report and advising that:

a) the Council of the Shire of Ashburton opposes the establishment of Development Assessment Panels;

b) should the State Government prove a case for

establishment of Development Assessment Panels in Western Australian Local Governments, it:

should be along similar lines to the system in place in New South Wales;

ensure that any under any Development Assessment Panel system, local government will not be burdened with any additional costs; and

be expanded to include similar assessments currently undertaken by the WAPC‟s to ensure that decisions on planning matters are transparent

Finalised. Submission sent to Department of Planning and WALGA

2. 10/09 13.10.62 Planning Application – Proposed Residential Building at No 15, Lot 911 McGrath Avenue,

That Council: 6. With respect to the development application made by EIT

Onslow Pty Ltd to use the existing dwelling at No. 15 (Lot

Finalised Development Approval issued and objector

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Onslow 911) McGrath Avenue, Onslow for the purposes of a residential building, Council note the objection lodged by Geoff Loxton of Property Solutions on Mackerel Islands Pty Ltd to the application.

7. Approve the development application made by EIT Onslow Pty Ltd to use the existing dwelling at No. 15 (Lot 911) McGrath Avenue, Onslow for the purposes of a residential building subject to ten conditions:

Council has determined this application. Rights of appeal are also available to you under the Planning and Development Act 1928 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

notified of decision

3. 10/09 13.10.63 Planning Direction for North Ashburton Strategic Industrial Site, Onslow

That Council resolve to advise the DoP, DSD and Chevron, BHP Billiton/ ExxonMobil that it is Council‟s opinion that in relation to the establishment of the Ashburton North Strategic Industrial Area (SIA): 1. The following planning processes will be required:

The creation of the Ashburton North SIA in the form of a „Special Control Area‟ under the Scheme which would establish the planning controls and structure planning for Ashburton North SIA.

The „Special Control Area‟ and structure plan/s would define the Ashburton North SIA area, the sites for LNG development, the port area, the multi-use corridor, construction camp areas, infrastructure and transport

Finalsied DoP, DSD, Chevron and BHP Billiton/Exxon notified of Councils decision

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corridor.

It is Council‟s expectation that the planning process as referred above will also address the „re-planning‟ of the existing SIA in Onslow along with the necessary assessment of social impact and infrastructure needs for the Onslow community.

2. „Spot‟ zonings for individual sites will not be supported

until the „Special Control Area‟ is undertaken or the „zoning‟ of individual sites incorporates and agreed „Special Control Area‟ and structure plan.

3. Council is open to suggestions from proponent companies associated with Ashburton North SIA who may wish to pursue a Scheme Amendment for „their‟ land in tandem with „Special Control Area‟ and Structure Plan in concert

with the above direction of the Shire, DoP and DSD. 4. 10/09 13.10.64 Draft Unauthorised

Existing Development Policy

That Council adopt the attached draft policy „Shire of Ashburton Unauthorised Existing Development‟ as Planning Policy PLA 12

Finalised Included in Council Policy Register

5. 10/09

13.10.65 Application for Planning Approval for a Gas Processing Facility and associated support infrastructure, Barrow Island (Gorgon LNG Project)

That Council:

1. Issue Planning Approval for liquid natural gas processing facility and associated support infrastructure generally at Location 20

o 46‟58. 74” South and 115

o 25‟45. 68” East,

Barrow Island, Shire of Ashburton in accordance with the submitted plans and subject, but not necessarily limited to, the following conditions: a) Prior to the commencement of the liquid natural gas

processing facility operations, the Applicant shall seek

Finalised Development Approval issued

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to negotiate with Council to modify the Social Impact Management Plan (SIMP) to represent the direction of Council as defined in its decision of April 2009

b) with the aim to „value add‟ to the local Pilbara economy

through training and employment, all to the satisfaction of the Shire of Ashburton.

c) Pursuant to the Building Licence for the development

should be obtained prior to 27 October 2011. This Planning Consent lapses if a building licence for the development has not been obtained by 27 October 2011. Further to this, if the development is not substantially commenced in accordance with the Building Licence by 27 October 2011, then this Planning Consent lapses at that date.

d) The land use and development shall be undertaken

generally in accordance with the approved plans, in a manner that is deemed to comply with the satisfaction of the Chief Executive Officer.

e) Prior to the development being occupied the “owner of

the land” shall enter into a signed agreement with the Shire of Ashburton, pursuant to Clause 6.9.4 of the scheme. The agreement shall require that when the liquid natural gas processing facility ceases, all structures shall be removed and the land rehabilitated to the requirements of the Shire of Ashburton.

f) A Fire Management Plan and Emergency Evacuation

Plan shall be prepared by the applicant and adopted by Council and thereafter implemented to Council‟s satisfaction prior to the issuing of a Building Licence.

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g) All storm water produced on the site shall be disposed

of either to an underground drainage system or disposed of on the site, but in either case the means of disposal must be to the satisfaction as directed by the Shire. Plans must be submitted prior to issue of a building licence showing details of the drainage layout, showing the pipes direction, invert levels, grade size and the locations of any pits.

h) A geotechnical report covering the development area

being prepared by the applicant at the applicant‟s cost and to the satisfaction of the Chief Executive Officer. The report to be lodged with the building licence application, together with certification from a structural engineer that the design is suitable for the site conditions as outlined in the geotechnical report.

i) A comprehensive effluent plan and drainage plan shall

be submitted to Council and such plan(s) approved prior to the issue of a Building Licence. All works to be constructed as per the approved plan.

j) The operator is solely responsible for the removal of all

litter and rubbish and shall ensure that the Island is retained in pristine condition at all times.

Advise the applicant as follows: i. In relation to Condition (a), Council acknowledges

that the State Government has accepted the SIMP, however it believes that the strategic investment of the LNG plant can provide a focus for the Pilbara in adding value to the local economy through training

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and employment measures.

ii. In relation to Condition (e), it is recommended that prior to the submission of the Fire Management Plan and Emergency Evacuation Plan, the Applicant discuss the proposal with FESA and SES.

iii. Further to this approval, the Applicant is required to

submit working drawings and specifications to comply with the requirements of Part 4 of the Building Regulations, 1989 (as amended) and the Health Act, 1911 (as amended) which are to be approved by the Shire‟s Principal Building Surveyor and Principal Environmental Health Officer prior to the issue of the Building licence.

iv. The drawings submitted for a building licence are to

be properly drawn and certified by a practising structural engineer to confirm that they comply with the requirements of the Building Code of Australia.

v. Advise the applicant that the issuing of

development approval for the development pursuant to Shire‟s Planning Scheme does not constitute approval to use the Operation/Construction Facility unless all matters relating to Local Government (Miscellaneous Provisions) Act have been addressed.

vi. In the “Conservation, Recreation and Natural

Landscapes” Reserve, approval is required for most land uses and building construction. Council‟s Planning Department should be contacted for further information.

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vii. Advise the applicant that the issuing of development approval for the development pursuant to Shire‟s Planning Scheme does not constitute approval to use the Operation/Construction Facility unless all matters relating to Local Government (Miscellaneous Provisions) Act have been addressed.

viii. Approval to be obtained from the Fire and Rescue

Services of WA.

ix. Council has determined this application. Rights of appeal are also available to you under the Planning and Development Act 1928 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

x. The issuing of development approval for the

development pursuant to Shire‟s Planning Scheme does not constitute approval to use the Operation/Construction Facility unless all matters relating to Local Government (Miscellaneous Provisions) Act have been addressed.

xi. The Shire of Ashburton contains many places of

Aboriginal Heritage significance. Proponents are advised to consider Aboriginal heritage issues and their obligations under the Aboriginal Heritage Act 1972 at an early stage of planning. Further information can be obtained from the Department of Indigenous Affairs on 9235 8000 or at the following

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web site

http://www.dia.wa.gov.au/Heritage/default.aspx. xii. This Planning Approval issued by the Shire of

Ashburton does not remove any responsibility the Applicant may have in obtaining a vegetation clearing permit from the Department of Environment in accordance with the Environment Protection Act 1986. Further information can be obtained from the Department of Environment or at the following website www.environment.wa.gov.au.

xiii. This Planning Approval issued by the Shire of

Ashburton does not remove any responsibility the Applicant may have in notifying Environment Australia of the proposal for consideration of impacts in accordance with the Environmental Protection and Biodiversity Conservation Act 1999. Further information can be obtained from Environment Australia on (02) 6274 1111 or by visiting http://www.deh.gov.au/epbc/assessmentsapprovals/index.html

6. 10/09 13.10.66 Planning Application – Proposed Residential Building at No 16, Lot 327 Third Avenue, Onslow

That Council: 1. With respect to the development application made by

Nickcarfee Pty Ltd to use the existing dwelling at No. 16 (Lot 327) Third Avenue, Onslow for the purposes of a residential building, Council note the objection lodged by Geoff Loxton of Property Solutions on behalf of Mackerel Islands Pty Ltd to the application.

2. Approve the development application made by

Nickcarfee Pty Ltd to use the existing dwelling at No.

Finalised Development approval issued and objector notified of Council decision

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16 (Lot 327) Third Avenue, Onslow for the purposes of a residential building subject to the following 10 conditions:

3. Note Council has determined this application. Rights of appeal are also available to you under the Planning and Development Act 1928 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

7. 10/09 13.10.68 Proposed Holiday Accommodation (9 Units), Vacant Land (Lot 309) Corner of Second Avenue and Simpson Street Onslow

That:- 1) Approval of the application seeking Planning Approval

to construct „holiday accommodation‟ at Lot 309 on the corner of Second Avenue and Simpson Street, Onslow be deferred subject to the outcome of the following matters as addressed in the Officer‟s Report subject to 22 conditions-

Finalised Applicant notified of Council resolution

8. 10/09 13.10.69 Application for Retrospective Planning Approval for Office and Caretakers Dwelling, Lot 71 Mettawandy Avenue, Paraburdoo

That Council: 8. Approve the retrospective approval for office, ablutions

and caretaker‟s dwelling at Lot 71 Mettawandy Avenue, Paraburdoo in accordance with the approved plan subject to the following conditions:- a) Within 21 days (or longer period as approved in writing

by the Chief Executive Officer) from the date of this Planning Approval, plans shall be submitted showing: i) habitable rooms not be less than 40 m2, nor

greater than 60m2; and

Finalised Development approval issued

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ii) all facilities for the use of the occupant/s comprising a toilet, shower and laundry is to be provided within the caretakers building;

all to the satisfaction of the Shire of Ashburton.

Along with 15 other conditions

9. 10/09 13.10.70 Bushfire Advisory Committee Minutes for Meetings held on 11 June and 11 September 2009

That Council adopts the Minutes of the Bushfire Advisory Committees held on 11 June 2009 and 11 September 2009, as

circulated to members.

Finalised Noted

10. 10/09 13.10.71 Appointment of Bush Fire Control Officers

That Council

1. Revokes all previous appointments of Chief Bush Fire Control Officer (CBFCO), (Deputy Chief Bush Fire Control Officer CBFCO) and all Fire Control Officer‟s (FCO)

2. Appoints the following

Morgwn Jones as CBCO for the Shire of Ashburton Chris O‟Connell as DCBFCO for the Shire of Ashburton Ian Whyborn as DCBFCO for the Shire of Ashburton Geoff Harrison as FCO for the Shire of Ashburton Darryl Hannah as FCO for the Shire of Ashburton Greg Lincoln as FCO Shire East Riki Tamati as FCO Shire East Robert Godfrey as FCO Shire East Michael Forsyth as FCO Shire East Rob Morgan (pastoralist) Shire East John Vuckovich as FCO Shire West

Finalised Appointments published in November 11 Edition of Pilbara News

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Jason Reimers as FCO Shire West Matthew Campbell as FCO Shire West

3. Issue a certificate of appointment to all CBFCO, DCBFCO and FCO‟s

4. Publish all appointments as revoked and all new

appointments in at least one (1) newspaper circulating within the district

11. 08/09 13.08.41 Draft Town Planning Scheme Amendment No 5 – Comprising modifications to the scheme to rezone Lot 327 Warara Street to Residential R30, to clarify the Land in special use 1 zone and to prohibit sea containers as caretaker dwellings (considerations of adoption for final approval)

1. That the Council, in pursuance of Part V of the Planning and Development Act 2005, adopt draft Amendment No. 5 ("draft Amendment") to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") for final approval for the purposes of:

(Standard Conditions Attached)

Ongoing Amendment referred to Western Australian Planning Commission

12. 08/09 13.08.51 Draft Local Planning Policy – Social Impact Assessment

That Council:

1. Council adopts the draft Local Planning Policy - Social Impact Assessment as a Draft Local Planning Policy under the provisions of clause. 2.3 of Town Planning Scheme No. 7 and it be advertised in accordance with clause 2.31 of the Scheme.

2. Upon completion of the advertising period the matter be referred back to Council for further consideration.

Ongoing Public notice has been given Draft Plan to be resubmitted to Council

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13.

07/09 13.07.30 Draft Town Planning Scheme Amendment – Modifications to the Minimum lot size Provisions in „Industrial‟ Zones

That Council In pursuance of Part V of the Planning and Development Act 2005 ("Act"), adopt for community consultation purposes draft Amendment No. 6 ("draft Amendment") to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") that proposes to: 1. Modify Clause 6.18 (c) of the Scheme to read as follows:

6.11.4 “Local Government, in considering applications for subdivision/ amalgamation of land shall not recommend approval of lots in the Mixed Business, Industry or Industrial/Mixed Business Development Zones which are below 2 000 m

2 or include battleaxe

access legs unless the subdivision/ amalgamation proposes connection to reticulated sewer, water, power and drainage and is land included in an approved Development Plan pursuant to Clause 6.4 of the Scheme.

4. That, as the draft Amendment is in the opinion of Council consistent with Part V and Schedule 1 of the Act, regulations made pursuant to the Act and relevant state planning policy prepared under Part III of the Act, that upon preparation of the necessary documentation, the draft Amendment be referred to the Environmental Protection Authority (EPA) as required by Part V of the Act, and on receipt of a response from the EPA indicating that the draft Amendment is not subject to formal environmental assessment, be advertised for a period of 42 days, in

Ongoing Amendment referred to Environment Protection Authority

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accordance with the Town Planning Regulations 1967.

5. That following advertising of the draft Amendment, the matter be referred back to Council for further consideration.

14. 07/09 13.07.33 Town Planning Policies Review

That Council 1. Adopt the following (renumbered) as Council Policies:

PLA 1 Antennae, Radio Masts and Satellite Dishes in Residential Areas Policy

PLA 2 Energy Policy

PLA 3 Standard Development and Subdivision Conditions

2. Delete Council Policy PLA 16 “Private Display/Sale of Motor Vehicles within a Public Place or on Private Land” and Council Policy PLA 17 “Control of Unsightly Land in Private Ownership/ Leasehold”.

3. Request the Chief Executive Officer to review the issues of the private display/sale of motor vehicles within a public place or on private Land and the control of unsightly land in private ownership/ leasehold as part of any Local Law review.

4. Adopt the following as a Local Planning Policy under

the provisions of Clause 2.3 of Town Planning Scheme No.7 and be advertised in accordance with Clause 2.31 of the scheme.

LPP 1 Transportable Dwellings New and Secondhand

LPP 2 Home Occupancy/Home Business.

LPP 3 Advertising Signs

Ongoing Public advertising has been undertaken Point 6 noted Report to November meeting of Council

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LPP 4 Retail Uses in the Industrial Zone

LPP 5 Alfresco Dining.

LPP 6 Caretaker Accommodation

LPP 7 Cat Pounds and Catteries

LPP 8 Dog Kennels

LPP 9 Non Residential Land Uses in Residential Areas

LPP10 Design Guidelines for the Tom Price Town Centre

LPP11 Cash-in-Lieu Parking Requirements

LPP12 Mineral Exploration. 5. Directs that upon completion of the advertising period

referred to in 2. above, the matter to be referred back to Council for further consideration.

6. Notes that it has previously adopted the following as a Local Planning Policy under the provisions of Clause 2.3 of Local Planning Scheme No.7:

Transient Workforce Accommodation; and

Percent for Public Art.

Parking and Setbacks - First Avenue Onslow

Outbuildings Assessment

15. 06/09 13.06.26 Tender Paraburdoo Caravan Park, Lot 1 Camp Road, Paraburdoo

That Council accept the tender from Gumala Aboriginal Corporation to construct and operate a caravan park on Lot 1 Camp Road, Paraburdoo in accordance with its tender submission, subject to

(a) the development being limited to Stages 1 and 2 as illustrated on the attached plans, except modified to reflect a reduction in the number of 3

Ongoing Company has been asked to advise timeline for development.

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#

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bedroom cabins from 5 to 3 and there being a corresponding increase in the number of deluxe, two bedroom VIP cabins.

Company has advised that it will submit details by 13 November

12 04/09 13.04.11 Draft Local Planning Scheme Amendment No 3 – Modification to the Zoning Table to allow „aged or dependent Persons Dwelling‟ as a „Discretionary‟ use within the „Community Zone‟ – (Consideration of Adoption for Final Approval)

1. That the Council, in pursuance of Part V of the Planning and Development Act 2005, adopt draft Amendment No. 3 to the Shire of Ashburton Local Planning Scheme No. 7 for final approval, which proposes to modify the zoning table as follows: (a) Identifying „Aged or Dependent Persons Dwelling‟ as

a 'D' use class in the „Community‟ zone;

2. That the Council note that no submissions were received in response to the community consultation undertaken in relation to Scheme Amendment No.3.

3. That the Council refer Amendment No. 3 to the Shire of Ashburton Local Planning Scheme No. 7 for final approval, to the Western Australian Planning Commission with a request for the approval of the Hon. Minister for Planning.

4. That, where notification is received from the Western

Australian Planning Commission that a modification of the amendment is required prior to approval of the amendment by the Minister, this modification is to be undertaken in accordance with the requirements of the Town Planning Regulations 1967, unless it is considered by the Shire that the modification affects the intent of the amendment in which case it shall be referred to the Council for consideration.

Ongoing. Documents prepared and referred to WAPC/Minister for Planning for final approval.

13 05/08 13.05.23 Council Policy Review – Health

Directs the Chief Executive Officer to draft a new Council Policy relating to Aboriginal Environmental Health Strategy and

Ongoing. In line with a

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report back to Council new AEHW being appointed recently, the PEHO will update the existing SOA Aboriginal Health Strategy.

14 03/08 13.03.10 Town Planning Scheme Amendment No. 1 – Lot 300 Boonderoo Road, Tom Price

That Council, in pursuance of Part V of the Planning and Development Act 2005 ("Act") adopt for final approval Amendment No.1 as advertised, subject to the following modifications: 1. That new parts be included in the Amendment as follows:

(a) an asterisk be placed next to „I‟ of the zoning table

coordinated between „Transient Workforce Accommodation and „Mixed Business‟. (b) include the following note immediately after the Zoning

Table: “* Note: Clause 6.9.5 prohibits „Transient Workers Accommodation use at Lot 300 Boonderoo Road, Tom Price”

(c) include new Clause 6.9.5 of the Scheme to read as follows: “6.9.5 Notwithstanding any other provision of

this Scheme, the use and development of „Transient Workers Accommodation at Lot 300 Boonderoo Road, Tom Price is prohibited”

2. That Council, upon receipt of the necessary amending documentation, refers the Amendment so adopted for final approval to the Western Australian Planning Commission with a request for approval of the Minister for Planning and Infrastructure.

Ongoing Amendment submitted to Western Australian Planning Commission/Minister for Planning for final approval.

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3. Where notification is received from the Department for Planning and Infrastructure that a modification of the Amendment is required prior to approval of the Amendment by the Minister, this modification be undertaken in accordance with the requirements of the Town Planning Regulations 1967 unless it is considered by the Chief Executive Officer that the modification affects the intent of the for consideration.

4. Should the Proponent not provide the necessary amending

documentation referred to in 2. above to the satisfaction of the Executive Manager Development Services, the Chief Executive Officer be requested to make appropriate arrangements to ensure that the modifications to Amendment No. 1 are carried out.

15 03/08 13.03.11 Town Planning Scheme Amendment No. 2 – Modification to the Scheme to reflect local planning policy – Transient Workforce Accommodation

That Council, in pursuance of Part V of the Planning and Development Act 2005 ("Act"), adopt for community consultation purposes draft Amendment No. 2 ("Amendment") to Shire of Ashburton Town Planning Scheme No. 1 ("Scheme") that proposes: 1. That the zoning table be modified as follows:

(a) Identifying „Transient Workforce Accommodation‟ as a 'X' use class in the „Mixed Business‟ zone;

(b) Identifying „Transient Workforce Accommodation‟ as a 'X' use class in the „Industrial & Mixed Business Development‟ zone; and

(c) Identifying „Transient Workforce Accommodation‟ as a 'X' use class in the „Rural Living‟ zone;

2. That, as the draft Amendment is in the opinion of Council consistent with Part V and Schedule 1 of the Act, regulations made pursuant to the Act and relevant state planning policy prepared under Part III of the Act, that upon preparation of the necessary documentation, the

Ongoing. Further information being gathered for Council. Being considered in association with Tom Price Structure Plan.

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draft Amendment be referred to the Environmental Protection Authority (EPA) as required by Part V of the Act, and on receipt of a response from the EPA indicating that the draft Amendment is not subject to formal environmental assessment, be advertised for a period of 42 days, in accordance with the Town Planning Regulations 1967.

3. That following advertising of the draft Amendment, the matter be referred back to Council for further consideration.

16 06/05 12.06.1227 Staff Housing Upgrade That a comprehensive review of the Staff Housing Plan be undertaken for Council‟s further consideration, to incorporate recommendations for dwelling refurbishments, replacement and acquisition and appropriate funding strategies

Ongoing. Commenced. Some aspects of Housing Plan will be incorporated into AWA & Policy Review. Report in relation to Onslow staff housing to be submitted to November Council meeting

Council Decision / Officers Recommendation MOVED: Cr Dias SECONDED: Cr Bloem That Council note the contents of the report CARRIED 7/0

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14.11.0 WESTERN OPERATIONS REPORTS

14.11.16 LOT 944 FIRST STREET, ONSLOW RESERVE 42626

FILE REFERENCE: ON.FR.944 AUTHOR‟S NAME AND POSITION:

Sue Lennard Office Co-Ordinator, Onslow

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 02 November, 2009 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.

PREVIOUS MEETING REFERENCE:

Agenda Item 14.12.018 Ordinary Meeting of Council, December 15, 2006 Agenda Item 14.05.12 Ordinary Meeting of Council June 17, 2008 Agenda Item 14.05.04 Ordinary Meeting of Council May 19, 2009

Summary At the May 2009 meeting of Council it was resolved that a heritage architect be contracted to assess the property at Lot 944 First Street Onslow (Shire Reserve 42626) and prepare a report for Council in relation to the historic status of the building on the site, as well as provide an assessment as to the viability of conserving the building. Mr Philip Griffiths Architect of Subiaco was contracted to conduct the heritage assessment. He inspected the building, and discussed issues which may impact on the buildings future with staff, before preparing his report. This report details the outcome of his assessment.

Background The property at 944 First Street Onslow (Reserve 42626) is currently under a management order to the Shire for the purpose of “staff housing”. An existing dwelling, which is in a serious state of repair, is located on the site. The property is listed on the Shires “Inventory of Heritage Places and Buildings” as a Class B Building which is defined as:

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“Category B Worthy of high level of protection: to be retained and conserved; provide maximum encouragement to the owner under the Shire of Ashburton Planning Scheme to conserve the significance of the place. A more detailed Heritage Assessment/Impact Statement to be undertaken before approval given for any major redevelopment. Incentives to promote conservation should be considered.” In order for Council to consider viable staff housing options for this Reserve the Shire administration proposed to remove the property from the Shire‟s “Inventory of Heritage Places and Buildings” to allow for redevelopment of the site. Council however, resolved at its June 2008 meeting that public comment be sought in relation to the possible demolition of the property on Lot 944 First Street. The public comment received indicated the community‟s desire to retain the property. Comment

The report provided by Phillip Griffiths Architects (hereafter referred to as PGA) is a comprehensive assessment of the condition of the property and provides indicative costs for two main conservations scenarios. The full text of the report is included as an attachment (together with plans) to this agenda item but the executive summary has been reproduced below.

ATTACHMENT 14.11.16 The report canvasses the potential for a use other than staff housing for a Shire employee and offers several suggestions for alternative uses (p8). The report comments on revision of the management orders to allow for maximum flexibility for an alternative use (p2). Executive Summary from PGA Report Lot 944 First Street is important as part of Onslow‟s heritage and has the capacity to be conserved, used and become an architectural entry statement. Two conservation scenarios have been considered and an indication of cost provided. Option A involves minor conservation and maintenance works at an indicative cost of $170,000. Included in these works are the removal of the existing bathroom, laundry and WC and the provision of these facilities in a new detached amenities buildings; repainting internally and externally; reinstatement and refinishing of floorboards throughout; provision of a new electrical board and rewiring throughout; insulating of the underside of the roof; and the refurbishment of the existing kitchen. Option B involves additional conservation works at an indicative cost of $200,000. In addition to the works described in option A interpretation signage would be provided; and the verandahs and roof ventilators reinstated.

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It is our advice to proceed with Option B. The provision of air conditioning has also been considered and an indication of cost provided. Option 1 Refrigerant air conditioning at an indicative cost of $35,000. Option 2 Evaporative air conditioning at an indicative cost of $5,000. Refrigerant air conditioning would be less intrusive to the heritage value of the place, but would need to be advised on by a Mechanical Engineer as to whether it is feasible. It is our advice that a decision on air conditioning be reserved until the intended use of the building determined. All of these indicative costings exclude G.S.T. and district loadings. It should be anticipated that a district loading of 50-60% will apply to costs. Professional fees, other than an allowance for initial advice from a Quantity surveyor and Structural Engineer, have also been excluded. These indicative costings are not exhaustive and are very broad-brush in nature. We recommend that a quantity surveyor be appointed to provide more informed advice on costings. The PGA report goes on to state on p6 “careful consideration is required of the best outcome that makes use of the conservation potential of Lot 944 First Street while meeting the stated aim of the Shire to develop the site” Throughout his assessment of the building, Philip Griffiths continually stressed the need for Council to determine the end-use of the property prior to any conservation or restoration work being undertaken as this will guide the whole process. As a property listed on the Shire‟s “Municipal Heritage Inventory 1999”, pursuant to the Shire of Ashburton‟s Town Planning Scheme No.7 Council can consider alternative uses for the property thus: 6.14 Heritage Matters Purpose and Intent 6.14.1 The purpose and intent of the heritage provisions is to:

a) facilitate the conservation of any place, area building, object or structure of heritage value

b) afford the opportunity for existing traditional uses to be continued or allow for the approval of alternative uses which are compatible with the heritage values and character of the locality

c) ensure that the development within or adjacent to places of heritage value has due regard to the value of the heritage place and is in harmony with the character of the locality”

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Informal discussion with resource company representatives regarding the potential for the property to be leased over a substantial period for their exclusive use – in return for the funding of the restoration works have to date, not been encouraging. The questionnaires sent in September 2008, to residents who participated in the public comment process brought forth some suggestions for potential re-use of the property and PGA has offered further ideas. With the PGA report outlining the work required and the potential costs to restore the property - it would be advisable to invite further community comment and discussion regarding the preferred end-use for the property. The Onslow Townscape Advisory group has now reconvened and whilst meetings are open to all, the core group consists of an enthusiastic cross-section of local residents. This matter could be referred to the group for their views. Additionally, an “open day” could be held at the property with everyone invited to visit and view the property and make their suggestions for end-uses. Without determining the end-use for the property, and without the benefit of professional advice from a Structural engineer and Quantity surveyor, it is almost impossible to accurately estimate total costs for restoration works. The “broadbrush” estimate provided by PGA is in the vicinity of $500,000. Funding sources to achieve any degree of restoration work might include Lotterywest; resources companies; budgeted Shire funds and further Royalties to Regions of Federal Government stimulus initiatives – or a combination of these sources. It is likely that a Conservation Plan will need to be produced prior to attracting funding for the commencement of restoration work. Consultation

Philip Griffiths Architects Publications through distribution of questions Statutory Environment

Shire of Ashburton Town Planning Scheme No.7 Management Order Reserve 42626 Policy Implications

Shire of Ashburton Municipal Heritage Inventory 1999 Financial Implications

Should Council choose to proceed with restoration of the property then funding will need to be listed in the annual Budget. The funding requirement could be up to $500,000.

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Strategic Implications

Strategic Objective #4 “conserve and enhance the environment and cultural heritage” Voting Requirement

Simple Majority Required

Council Decision / Officers Recommendation

MOVED: Cr Shields SECONDED: Cr Corker That Council instruct the Chief Executive Officer to:

a. refer this matter to the Onslow Townscape Advisory Group for their ideas on alternative uses for the property at 944 First Street, Onslow and

b. to make arrangements for an “open day” to be held at the property for the general public to view and make suggestions as to the end-use for the property and

c. to report the results of (a) and (b) back to Council

CARRIED 7/0

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14.11.18 SERVICE CENTRE AGREEMENT BETWEEN THE SHIRE OF ASHBURTON AND WA COUNTRY HEALTH SERVICE.

FILE REFERENCE: SE.R.38730 AUTHOR‟S NAME AND POSITION:

Amanda O‟Halloran Executive Manager Western Operations

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 11 November 2009 DISCLOSURE OF FINANCIAL INTEREST:

The Author has no financial interest in this matter.

PREVIOUS MEETING REFERENCE:

Not Applicable

Summary

Home and Community Care (HACC) Manager Pilbara Community and Home Care Mary-Jane Honner has approached the Shire to relocate the Onslow HACC Centre to the Pensioner Units in Onslow. The Shire has an unused available pensioner unit able to be used for the purpose. Council had previously resolved not to upgrade this pensioner unit in the recent upgrade program.

Background

The WA Country Health Service (WACHS) is contracted to provide HACC services in Onslow. The services are currently provided from a residential house leased from Homeswest- 14 Burt Close. Service delivery currently includes four HACC clients and six Community Age Care Package recipients (CACP- higher care need clients). The service is delivered by two Onslow based HACC staff. Comment WACHS has stated that the Homeswest house is no longer functional for HACC service delivery due to the increasing care needs of the clients. The house requires significant modifications to ensure client and staff safety, i.e- door frames are not wide enough to allow wheelchair access and some clients do not wish to attend the centre in its current situation. Attraction and retention of staff is further complicated by the service being provided from a residential area and creates significant occupational health and safety issues.

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Four of the pensioner units in Onslow have recently been upgraded leaving a fifth unit vacant and in need of renovation. HACC would like to propose a partnership arrangement with the Ashburton Shire to lease the fifth unit for the purposes of providing a HACC service. The pensioner units are in an ideal location and the potential benefits are numerous for a number of reasons as listed:

A number of HACC clients live in the pensioner units and possible clients live in the adjacent Carinya units.

The units are in a central location and close to the CBD of Onslow.

Central location gives added safety to staff & clients due to visibility to traffic in CBD.

Better access and opportunity to increase services to other interested and eligible Onslow residents.

Better potential to provide an integrated service from central point rather than residential area.

Clients will have the opportunity to walk with clients to the post office and supermarket rather than travel by vehicle therefore providing healthy exercise and greater opportunities for social engagement in the community.

Safety / Caretaker role - the HACC centre will provide a service Monday to Friday 8:30 to 1pm initially therefore staff will be operating from the centre which will create a presence of safety to clients.

The internal structure of the proposed service centre would require some modifications to meet service delivery requirements which is thought not to be too onerous. Essentially this would include a wet area for personal care that is wheelchair accessible and laundry facilities. The other upgrade would be an entertaining / day centre area that had a kitchenette. HACC is very aware that significant modifications are not possible in this area due to the issue regarding AHD levels, however they propose to open the front area up with a pergola. The pergola area would need some protection from the wind which could be achieved with shade cloth which would provide privacy to the clients. HACC have a shed at the current facility which they would like to relocate and place behind the unit. This would provide a storage area and possibly undercover activity area if required. ATTACHMENT 14.11.18

HACC has approval in principle to cover the cost of the renovation, pergola add-on and shed relocation subject to quotes being within their allocated capital budget. Cr White and the Executive Manager Western Operations have met with Mary-Jane Honner, Manager Pilbara Community & Aged Care Service and are supportive of the proposal. The relocation of the HACC centre is seen as a positive move and one that will be very beneficial to the Aged Care Precinct. As the use is of a public service nature it is considered to be of no value in a commercial sense, the Shire is proposing that the unoccupied pensioner unit be leased to HACC for a nominal fee ($3,640) and for five years duration.

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The Local Government Act allows the Shire to dispose (lease) of a property in this manner without going to tender or public auction if it gives state wide public notice of its intent and invites submissions to be made no less than 2 weeks from the date of advertisement . Should this project be supported by Council it is proposed that Council advertise their intent to lease immediately following the November Council meeting. This will allow 2 weeks for submissions and presentation of any submissions received to the December Council meeting for consideration by Council. Consultation

Chief Executive Officer Cr Kerry White Policy Implications Not applicable Financial Implications Rental income of $3,640.00 per annum be received – Council has resolved to leave the remaining pensioner unit vacant. HACC have a capital budget allocation for the proposed improvements. Statutory Environment

Section 3.58 s(3) of the Local Government Act 1995 – Disposal of Property Strategic Implications Strategic Plan 2007 – 2011, Strategic Objective 2 Include and Engage our Community; Project 7 Aged Care (Lobby Government for Aged Care Services in the Region). Voting Requirement

Absolute Majority

Council Decision / Officers Recommendation MOVED: Cr Dann SECONDED: Cr Corker

1. Council endorses the leasing of the unoccupied pensioner unit to HACC for use as their

service delivery centre. 2. Instructs the CEO to advertise Councils intent to lease the property to HACC for 5 years

at a nominal fee of $3,640.00 as required by the Local Government Act 1995 s.3.58(3). CARRIED 7/0

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14.11.19 WESTERN OPERATIONS STATUS REPORT

# Council Meeting

Agenda

Ref. Report Title Council Decision Current Status

ENGINEERING

1. 09/09 14.09.13 Tender RFT 06/09 Sale of Lot 502 (21) First Avenue, Onslow

That Council; 1. Accept the Tender from Deane‟s Contracting

WA Pty Ltd for the sum of $606,100.00 (incl GST); and

2. Instructs the Chief Executive Officer to complete the required documentation in order to complete the tender process for the sale of land at Lot 502 (21) First Avenue Onslow.

Ongoing On the 16 October the Shire received a letter from Deane Contracting indicating their intent to withdraw from the process. The Shire is seeking legal advice and will readvertise the block ASAP.

2. 03/09 15.03.01 Mosquito Management Plan

That Council 1. Formalise a Mosquito Control Program for

the Shire of Ashburton 2. Approve the unbudgeted capital expenditure

of $23,000 on Mosquito Control Progam assets

Ongoing PEHO to prepare Shire wide strategy PEHO will finalize strategy during October and present to Council DEC 09.

3.

02/03 10.01.673 Onslow Sea Wall Ownership and Progress Report MES

Advise the contractor, WA Limestone/Roadstone JV, that the surface of the boat ramp at First Avenue, Onslow, is not acceptable due to the unevenness of the patched section and the small voids that exist in other parts of the surface; Approve the additional works associated with the Onslow sea wall project to be: (a) Ocean View Caravan Park Reserve retaining soil $20,000; (b) Seniors Units & Sun Chalet reserves area fill to level behind sea wall $35,000;

Ongoing Survey completed Feb 2009

(a) Complete (b) Complete (c) Complete

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(c) Beach replenishment $15,000; (d) Design disabled access $5,000; and (e) Survey and peg reserve boundaries $7,000. Have the property boundaries surveyed and marked on site before further considering formal control of the sea wall being accepted.

Development Services progressing

COMMUNITY

5 06/09 14.06.09 Onslow Multi Purpose Complex – Approval to commence works

That Council approves 1. The immediate commencement of

works on the Onslow Multi Purpose Complex.

2. The allocation of $100,000.00 towards the commencement of works in the 2008/2009 budget.

Finalised Tender advertised, Will be presented to Council for tender decision Nov 09.

6 06/09 16.06.09 Gorgon Social Impact Management Plan

That Council endorse Chevron‟s actions as it develops a proactive engagement plan with the Shire, in relation to its Social Impact Management Plan

Finalised Premier endorsed Gorgons SIMP. Council is requesting consideration of its views, but must seek ministerial approval to assist process. Matter is being addressed through development approval

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7 05/09 14.05.04 Lot 944 First Street, Onslow Reserve 42626

That Council, following their scheduled inspection of the property 944 First Street Onslow, resolve to contract a heritage architect to assess the property and provide a report to Council outlining future options and costs and include the cost in the draft 2009/10 Budget

Finalised. The heritage architect has inspected property. Report to Council Nov 09.

8 11/08 14.11.18 Pannawonica Community Plan

That Council advise the Minister for State Development and Robe River Mining Company Pty Ltd, that

(a) The Shire views with concern the company‟s public release of the Pannawonica Community Plan prior to the Council having an opportunity to formally consider the Shire initiated plan

(b) It does not support the Pannawonica Community plans prepared by the company for the following reasons:

a. The community infrastructure

and services components of the plan lack definition, are limited in scope and are largely uncosted

b. The community plan largely consists of elements which are not community infrastructure or services

c. The community plan is based on a workforce which appears to have a greater emphasis on Fly In – Fly Out operators based in Pannawonica than when the

Ongoing Clear direction has been reached – working on plan with Rio representatives.

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Mesa A project was submitted to the Minister for State Development for approval pursuant to the State Agreement.

CORPORATE

9 03/05 12.03.120 Robe River Memorandum of Understanding

That Council agrees to the Memorandum of Understanding between the Shire of Ashburton and Robe River containing the following commitments: 1. The Shire of Ashburton leasing:

The Library, Shire Office and Sentinel Chicken Coops; The Dog Pound; The Caravan Park and Ablutions Block.

2. Robe River renovating the above facilities prior to the commencement of the leases. 3. The Shire of Ashburton donating the amount of

$1,000 annually to each of the Occasional Child Care Centre and Neighbourhood Centre.

4. The Shire of Ashburton committing to funding the Community Liaison Officer position for twenty (20) hours per week and to actively pursuing alternative funding sources for an additional twenty (20) hours.

5. The Shire of Ashburton providing two free street sweeps per year with additional sweeps provided on a fee for service basis.

Ongoing.

DEVELOPMENT

10

12/06 14.12.018 Residential Plan for the Shire of Ashburton – Onslow

That Council instruct CEO to prepare tender documents for the building residences at 318 Second Avenue, 360 Third Avenue, and 578 Hedditch Street.

Ongoing. Tender for sale of First Ave Block advertised August

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Council Decision /Officers Recommendation MOVED: Cr Bloem SECONDED: Cr Dias That Council note the contents of the report CARRIED 7/0

2009. Aiming to bring tenders to Council DEC 09 for endorsement.

11 12/05 13.12.408 Proposed Transfer of Emergency Services Building

That :- 1. Council agree to transfer the tenure of the

Onslow Emergency Service Building to FESA subject to:-

i) FESA to become responsible for the outstanding loan on the facility and any financial outlay required for the transfer thereof; and

ii) A condition being placed on the Management Order over the premises that they are to be used only to house the local Volunteer Emergency Services including the Marine Rescue Service.

2. The necessary procedures required to effect the transfer be implemented.

3. The present designation of Lot 971 in the Shire‟s Town Planning Scheme No.7 be amended to reflect the existing land use during the Planning Scheme review for Onslow.

4. The future need of the Onslow Emergency Services Building Management Committee and Instrument of Delegation DA503 be noted and in due course be discontinued.

Ongoing Land issues finalised – Negotiating with FESA to finalise building handover.

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15.11.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING

Council Decision

MOVED: Cr Corker SECONDED: Cr Rumble

That Council considers the following late Agenda Items 15.11.16, Nominations for Board of Pilbara Development Commission and item 15.11.17, RFT 09/09 Supply of Urban Planning Consultancy Services for Town Centre Revitalisation Tom Price.

CARRIED 7/0

15.11.16 NOMINATIONS FOR BOARD OF PILBARA DEVELOPMENT COMMISSION

FILE REFERENCE: OR.IG.2.7 AUTHOR‟S NAME AND POSITION:

Keith Person Chief Executive Officer

NAME OF APPLICANT/ RESPONDENT:

Minister for Regional Development and Land

DATE REPORT WRITTEN: 16th November 20009 PREVIOUS MEETING REFERENCE:

Not Applicable

Summary

The Minister for Regional Development and Land is requesting nominations to fill two vacancies on the board of the Pilbara Development Commission. Council is invited to nominate applicants for these positions. The Shire President, Cr Musgrave, has expressed an interest in being nominated.

Background The Minister for Regional Development and Land is requesting nominations to fill two vacancies on the board of the Pilbara Development Commission (PDC)

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Comment

Nominations were called for two vacancies on the PDC in or about June 2009. At that time Council nominated Cr Musgrave and Cr Fernandez. The Minister subsequently made a single appointment to the board. Since then, one existing board member has resigned with the result that again, there are two vacancies on the board. The Shire President has expressed a desire to be nominated by Council. Council may, however, also wish to nominate a second person. Consultation

Nil Statutory Environment There are no statutory implications relative to this matter Policy Implications There are no policy implications relative to this matter. Financial Implications

There are no strategic implications relative to this matter. Strategic Implications There are no statutory implications relative to this matter Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation

MOVED: Cr Corker SECONDED: Cr Dias

That Council nominate Cr Musgrave to fill the vacancy on the Board of the Pilbara Development Commission. CARRIED 7/0

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15.11.17 RFT 09/09 SUPPLY OF URBAN PLANNING CONSULTANCY SERVICES FOR TOWN CENTRE REVITALISATION – TOM PRICE

FILE REFERENCE: PS.DV.22 AUTHOR‟S NAME AND POSITION:

Jeff Breen Executive Manager Engineering Services

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 11th November 2009 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.

PREVIOUS MEETING REFERENCE:

Not Applicable

Summary Tenders for the Supply of Urban Planning Consultancy Services closed at 9am Monday 28th September, 2009. Twelve (12) Tenders were received, which were shortlisted using the selection criteria as nominated in the RFT.

Background The Shire of Ashburton Strategic Plan 2007 – 2011 identifies the development of the Tom Price town centre as an important objective. This has been recognized by the State government with the allocation of $10 million towards the project through the Royalties for Regions program. Because of the nature of the project it will be staged over two or three financial years depending on the eventual scope of the work and available funding. The town centre precinct includes the areas of the Community Centre, pool, tennis courts, Skate Park, football oval, drive-in, shopping area including vacant land, educational precinct (Nintirri, TAFE, Youth Centre) and the existing Shire office. The first stage of the project is the development of a Master Plan for the area and this is essentially covered by the RFT 09/09. This is further broken done into four main requirements.

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Requirement one addresses the branding or image of the town. This will set the theme for the remainder of the work. It will provide a focus for tourist and economic development and assist with community cohesion. Requirement two addresses issues with existing infrastructure. Requirement three provides a master plan for the precinct including design guidelines for planning control Requirement four examines the requirements for a new building on the “village green” including possible location for new Shire offices, accommodation, visitor‟s centre, etc. The consultant will be required to develop concept plans and indicative costings for the building. Comment

Tenders were assessed by EMES and PM in accordance with selection criteria outlined in the RFT. This assessment produced a shortlist of three (3) Tenderers, all of whom were contacted to allow for further consultation and to clarify any issues that the assessors encountered during assessment. The Assessment Spreadsheet attached is attached. ATTACHMENT1 The shortlisted Tender submissions were offered to the three Tom Price Councillors for review on 10th November. Councillors Musgrave & Shield were available and reviewed the submissions. Following a meeting with EMES on 11th November, Councillors Musgrave and Shields confirmed that they agreed with the assessment of the tenders. Clarifications were sought from the three tenderers resulting from query raised. Subsequent to this meeting, all three Tenderers have responded satisfactorily to the questions that resulted from the assessment process. These responses, amongst other things related to program, costing, etc. On the basis of the assessments it is recommended that Council award the tender to Town Planning and Urban Design. Consultation

Cr Musgrave Cr Shields Consultant Project Manager Statutory Environment

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Section 3.57, Local Government Act 1995 and Part 4, Local Government Act (Functions and General) Regulations 1996. Policy Implications

Consistent with Purchasing and Tendering Policy FIN 12 Financial Implications

Funding available through Royalties for Regions Strategic Implications Strategic Plan 2007/2011 (Incorporating Plan for the Future)

1. Diversify and Strengthen the Economy 4. Townscape Planning

Voting Requirement Simple Majority Required Officers Recommendation

That Council award RFT 09/09 Supply of Urban Planning Consultancy Services for Town Centre Revitalisation – Tom Price to tpg Town Planning and Urban Design for the sum of $361,495 ex GST.

Author: Jeff Breen

Signature:

Manager: Keith Pearson

Signature:

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16.11.0 CONFIDENTIAL REPORTS Under the Local Government Act 1995, Part 5, and Section 5.23, states in part: (2) If a meeting is being held by a Council or by a committee referred to in subsection

(1)(b), the Council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following:

(a) a matter affecting an employee or employees; (b) the personal affairs of any person; (c) a contract entered into, or which may be entered into, by the local government and

which relates to a matter to be discussed at the meeting; (d) legal advice obtained, or which may be obtained, by the local government and

which relates to a matter to be discussed at the meeting: (e) a matter that if disclosed, would reveal:

(I) a trade secret; (II) information that has a commercial value to a person; or (III) information about the business, professional, commercial or financial affairs

of a person,

Where the trade secret or information is held by, or is about, a person other than the local government.

(f) a matter that if disclosed, could be reasonably expected to:

(I) Impair the effectiveness of any lawful method or procedure for preventing,

detecting, investigating or dealing with any contravention or possible contravention of the law;

(II) Endanger the security of the local government’s property; or (III) Prejudice the maintenance or enforcement of any lawful measure for

protecting public safety;

(g) information which is the subject of a direction given under section 23(1a) of the Parliamentary Commissioner Act 1981; and

(h) such other matters as may be prescribed.

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Council Decision MOVED: Cr Corker SECONDED: Cr Shields That Council close the meeting to the public at 12 noon pursuant to sub section 5.23 (2) (a) and (b) of the Local Government Act 1995 CARRIED 7/0 Jeff Breen, Amanda O‟Halloran, and Pam Hanson left the meeting at 12:02pm Jeff Breen, Amanda O‟Halloran, and Pam Hanson returned to the meeting at 12:10pm

16.11.17 CONFIDENTIAL REPORT – EXECUTIVE MANAGER WESTERN OPERATIONS

FILE REFERENCE: PE:EM.O‟HALLORAN.Amanda AUTHOR‟S NAME AND POSITION:

Keith Pearson Chief Executive Officer

NAME OF APPLICANT/ RESPONDENT:

Amanda O‟Halloran

DATE REPORT WRITTEN: 10 November 2009 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter

PREVIOUS MEETING REFERENCE:

Not Applicable

Please refer to Confidential Attachment 16.11.17 under separate cover

Council Decision / Officers Recommendation

MOVED: Cr Corker SECONDED: Cr Bloem

That Council

1. Note the contents of the Chief Executive Officers review of the performance of the Executive Manager Western Operations, Ms Amanda O‟Halloran

2. Agree to an increase of $7,500 in the cash component of the remuneration

package of the Executive Manager Western Operations, applicable from the anniversary of her commencing employment with the Shire.

CARRIED 7/0

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Council Decision MOVED: Cr Corker SECONDED: Cr Bloem That Council re-open the meeting to the public at 12:12pm pursuant to sub section 5.23 (2) (a) and (b) of the Local Government Act 1995 CARRIED 7/0

Council Decision MOVED: Cr Corker SECONDED: Cr Dias That Council adjourn for lunch at 12:20pm CARRIED 7/0

12:21pm Councillors, CEO, Executive Managers and staff left the meeting 1:00pm Councillors, CEO, Executive Managers and staff returned to the meeting

Council Decision MOVED: Cr Dann SECONDED: Cr Corker That Council re-convene from lunch at 1:01am CARRIED 7/0

12.11.70 BUDGET 2009/2010 – PRELIMINARY CONSIDERATION

FILE REFERENCE: FI.BU.09.10 AUTHOR‟S NAME AND POSITION:

Keith Pearson Chief Executive Officer

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 9 November 2009 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.

PREVIOUS MEETING Not Applicable

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REFERENCE:

Summary

This report provides an overview of the current situation with the development of the Budget for 2009/2010 Financial Year. A draft version of the Budget will be distributed by Friday 13 November. It is proposed that Council workshop the draft Budget at the 17 November meeting prior to its formal consideration at a Special Meeting to Council on 24 November 2009.

Background Section 2.7 of the Local Government Act 1995 (the Act) states: (1) The council -

(a) directs and controls the local government‟s affairs; and (b) is responsible for the performance of the local government‟s functions.

(2) Without limiting subsection (1), the council is to -

(a) oversee the allocation of the local government‟s finances and resources; and

(b) determine the local government‟s policies. Section 6.2 of the Act states:

(1) During the period from 1 June in a financial year to 31 August in the next financial year, or such extended time as the Minister allows, each local government is to prepare and adopt*, in the form and manner prescribed, a budget for its municipal fund for the financial year ending on the 30 June next following that 31 August.

* Absolute majority required.

(2) In the preparation of the annual budget the local government is to have regard to

the contents of the plan for the future of the district made in accordance with section 5.56 and to prepare a detailed estimate for the current year of –

(a) the expenditure by the local government; (b) the revenue and income, independent of general rates of the local government; and (c) the amount required to make up the deficiency, if any, shown by comparing the estimated expenditure with the estimated revenue and income.

(3) For the purposes of subsections (2) (a) and (b) all expenditure, revenue and income

of the local government is to be taken into account unless otherwise prescribed.

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Comment

As Council is aware the preparation and adoption of the budget for the current financial year has been adversely impacted upon by the need to reconstruct the Shire accounts for the preceeding two financial years. It was in this context that discussions have been held with the Department of Local Government, and agreement reached that the Shire‟s budget should be adopted by 30 November 2009. As a general comment it is noted that the draft budget has been developed on the basis that it is a balanced budget with projects strongly orientated towards the objective set out in the Shire‟s Strategic Plan 2007-2011 Specific consideration which has been taken into account in preparing the draft document include

The budget based upon a 2.5% general rate increase except for 10% for mining tenements and licences

The corporate structure identified for implementing the budget places a significantly greater emphasis on project management inputs than in the past and also includes a strengthening of the finance/administration resources available to the Shire.

The capital works program is significant and is, to a great extent, funded by funding through the State Government‟s Royalties for Regions and the associated Pilbara Revitalisation Grant funding programs

The Western Australian Local Government Association‟s Guide to Local Government Finance provides some valuable guidance to Councillors when considering a budget. The issues raised include:-

The process should operate in concert with policy developments for the Plan for the Future

To what degree can services be increased, reduced or not provided?

What are the community‟s expectations for service, facilities and its capacity to pay?

What functions/services will receive priority in funding?

What basis should fees and charges be established – user pays or community taxation?

In what areas does a local government believe inefficiency and wastage exist?

Will the level of rate revenue be the determining factor for outlays?

If state funding is reduced, should local governments funding for state responsibilities be reduced?

To what degree is a local government prepared to change its expectation in maintaining standards in the preservation of local government assets currently provided?

What extent will external economic influences have upon – o Level of grant funds o Material and transportation costs o Energy and water charges o Insurance Costs – property and public liability o Earning rates on investments

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At this stage it is not necessary to adopt the budget, however Council needs to give consideration and a general approval to the draft presented. In conclusion it is proposed that the Shire‟s advisor in relation to Local Government Finances, Mr Bob Waddell, who is widely recognised as an expert in the field, participate at the workshop. Bob has been responsible for giving the budget its statutory form and he also undertook the preparation of the Shire‟s most recent audited accounts. Consultation Executive Management Team Statutory Environment Sections 2.7 and 6.2 of the Local Government Act 1995. Local Government (Financial Management) Regulations 1996. Policy Implications

There are no specific policy implications from this report. Financial Implications

There are no specific financial implications from this report at this stage of the Budget process. Strategic Implications

Strategic Plan 2007-2011, A well Managed and Contemporary Corporation Voting Requirement

Simple Majority Required Officers Recommendation

That Council: 1. Note the contents of this report. 2. Agrees to proceed with the completion of the Draft Budget for 2009/2010, having regard to

the outcome of the Workshop process.

Council Decision

MOVED: Cr Corker SECONDED: Cr Rumble

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1. Note the contents of this report.

2. Agrees to proceed with the completion of the Draft Budget for 2009/2010, having

regard to the outcome of the Workshop process.

3. That Council endorse the special meeting of Council on the 24th November at 9:00am which is to be conducted at the Tom Price Council Chambers by video conference from Onslow Hospital and teleconference from Pannawonica Primary School in accordance with section 5.25 of the Local Government Act.

CARRIED 7/0

Council amended the officers recommendation because it wished to ease the travel requirements of Councillors who attend the Special Meeting on 24 November 2009, by providing video/teleconference facilites.

17.11.0 NEXT MEETING

The next Ordinary Meeting of Council will be held on 15 December 2009, at the RM Forrest Memorial Hall, Second Avenue, Onslow, at 9:00am

18.11.0 CLOSURE OF MEETING

The Shire President declared the meeting closed at