agenda – ordinary meeting of council

AGENDA – ORDINARY MEETING OF COUNCIL17 November 2009
SHIRE OF ASHBURTON
ORDINARY COUNCIL MEETING
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.
17 November 2009
3.11.0 ATTENDANCE .............................................................................................................................................. 5
3.11.01 PRESENT ..................................................................................................................................................... 5
3.11.02 APOLOGIES ................................................................................................................................................. 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
13.11.73 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
17 November 2009
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
12.11.70 BUDGET 2009/2010 – PRELIMINARY CONSIDERATION ........................................................................ 104
17.11.0 NEXT MEETING ........................................................................................................................................ 108
17 November 2009
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 OHalloran 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
There have been no approved leave of absence
4.11.0 PUBLIC QUESTION TIME
17 November 2009
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.
17 November 2009
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 Crs Tony Bloem and Stephanne Dann for the December Council meeting.
CARRIED 7/0
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 Chevrons 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
17 November 2009
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
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
Crs Musgrave, Rumble, Dias, Bloem, Shields, Corker, Dann stated they had given due consideration to all matters contained in the agenda before the meeting.
17 November 2009
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 AUTHORS NAME AND POSITION:
Kardeen Black Engineering Projects Officer
NAME OF APPLICANT/ RESPONDENT:
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
17 November 2009
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);
17 November 2009
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 Councils financial and budgetary capacity and titles being free of encumbrances that may diminish the effective use of the land. CARRIED 7/0
17 November 2009
#
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
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 Councils 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
17 November 2009
One Way Thoroughfare
2. Direct the Chief Executive Officer to advise the
Minister for Transport of Councils decision and request that Creek Road be formally made one-
way.
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 Shires 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
17 November 2009
Report Title Council Decision Current Status
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
17 November 2009
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.
17 November 2009
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 childrens 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.
17 November 2009
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 toddlers pool and construction of new toddlers of semi – circular shape with radius 3.81m and depth 230mm to 300mm connected to a childrens 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.
17 November 2009
Council Decision / Officers Recommendation MOVED: Cr Corker SECONDED: Cr Shields That Council note the contents of this report CARRIED 7/0
17 November 2009
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 AUTHORS NAME AND POSITION:
Keith Pearson Chief Executive Officer
DATE REPORT WRITTEN: 11 November 2009 DISCLOSURE OF FINANCIAL INTEREST:
The author has no financial interest in this item
PREVIOUS MEETING REFERENCE:
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
17 November 2009
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
17 November 2009
FILE REFERENCE: FI.FI AUTHORS NAME AND POSITION:
Donna Reid Administration Manager
DISCLOSURE OF FINANCIAL INTEREST:
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 Shires 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 Shires 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.
17 November 2009
ATTACHMENT 12.11.69
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.
17 November 2009
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 AUTHORS NAME AND POSITION:
Greg Musgrave Shire President
DISCLOSURE OF FINANCIAL INTEREST:
Summary
In this report Cr Musgrave, in his capacity as the Shires 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 Shires elected representatives and its administration in order to ensure optimum benefits to the Shires community.
Background
Firstly, I wish to restate how proud Im am having being given a second opportunity to serve as the Shire of Ashburton President. What Im 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.
17 November 2009
Thats what Ive 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
Its important for me you all know I fully understand and prepared to commit to my pivotal role:
in presiding at meetings;
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 its 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
17 November 2009
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. Its 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 weve 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 weve 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 others 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
17 November 2009
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 shouldnt 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 peoples noses, lets 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
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
17 November 2009
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
17 November 2009
# Council Meeting
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.
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 4 th 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
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.
17 November 2009
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
17 November 2009
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 Councils 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 Councils delegates to the Onslow Tourism and Progress Association Inc.
17 November 2009
Status
15. Land Conservation District Committees (LCDC) –
15.1 Appoints Cr Thomas as the Councils representative on the Ashburton Land Conservation District Committee. 15.2 The Councils representative on the Roebourne/Port Hedland Land Conservation District Committee is to be appointed at a later date. 15.3 The Councils 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
17 November 2009
Status
9.00a m
9.00a m
9.00a m
9.00a m
Wednesday, 21 July 2010
9.00a m
9.00a m
9.00a m
9.00a m
Wednesday, 15 December 2010
9.00a m
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
17 November 2009
Status
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 Officers 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
17 November 2009
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 Shires Strategic Plan 2007 – 2011 (Incorporating the Shires 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 Shires 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.
17 November 2009
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
17 November 2009
FILE REFERENCE: PS.DV.21 AUTHORS NAME AND POSITION:
Rob Paull Shires Town Planning Consultant
DATE REPORT WRITTEN: 6 August 2009 DISCLOSURE OF FINANCIAL INTEREST:
The author has no financial interest in this matter.
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 Shires 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 Shires 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 LPPs 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
17 November 2009
38
Adoption of the Policy will reaffirm Councils 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 Councils 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
17 November 2009
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 Councils 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 Shires sporting ovals.
17 November 2009
40
13.11.74 PLANNING APPLICATION – PROPOSED RESIDENTIAL BUILDING AT UNIT 1 NO. 6, MAUNSELL COURT, ONSLOW
FILE REFERENCE: ON.MG.911 AUTHORS NAME AND POSITION:
DATE REPORT WRITTEN: 5 November 2009 DISCLOSURE OF FINANCIAL INTEREST:
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 Shires 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 Shires 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
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 Authoritys 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 proposals 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.
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 Ashburtons 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
17 November 2009
13.11.75 DRAFT LOCAL PLANNING POLICY - SOCIAL IMPACT ASSESSMENT FOR ADOPTION
FILE REFERENCE: PS.DV.21 AUTHORS NAME AND POSITION:
DATE REPORT WRITTEN: 6 August 2009 DISCLOSURE OF FINANCIAL INTEREST:
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 Shires 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 Shires 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
17 November 2009
Adoption of the Policy will reaffirm Councils 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 Councils decision as is required by the Shire of Ashburton Town Planning Scheme No. 7. CARRIED 7/0
17 November 2009
13.11.76 DRAFT PERCENT FOR PUBLIC ART LOCAL PLANNING POLICY REVIEW
FILE REFERENCE: OR.CM.1 AUTHORS NAME AND POSITION:
DATE REPORT WRITTEN: November 7, 2009 DISCLOSURE OF FINANCIAL INTEREST:
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 Shires 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 Shires 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:
17 November 2009
50
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 Shires 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
Shires “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.
17 November 2009
51
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
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
17 November 2009
MODIFICATIONS TO STRATEGIC INDUSTRIAL ZONE TO PROHIBIT TRANSIENT WORKFORCE ACCOMMODATION.
FILE REFERENCE: PS.TP.7.7 AUTHORS NAME AND POSITION:
DATE REPORT WRITTEN: 19 October 2009 DISCLOSURE OF FINANCIAL INTEREST:
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”.
17 November 2009
53
This is a prohibited use in the „Industry zone but permissible in the „Strategic Industry zone. In addition, a „caretakers 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.
17 November 2009
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

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