minutes - shire of collie · minutes - ordinary meeting of council ... approximately 1500 jobs...

MINUTES

of the

ORDINARY MEETING

OF COUNCIL

held on

Tuesday, 13 February 2018

INDEX

1. OPENING/ATTENDANCE/APOLOGIES & LEAVE OF ABSENCE....................................... 1

2. PUBLIC QUESTION TIME ..................................................................................................... 2

3. RESPONSES TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ........................ 3

4. DISCLOSURE OF FINANCIAL/IMPARTIALITY INTEREST ................................................. 4

5. PETITIONS/DEPUTATIONS/PRESENTATIONS/SUBMISSIONS ........................................ 4

6. NOTIFICATION OF MATTERS FOR WHICH THE MEETING MAY BE CLOSED TO THE PUBLIC .................................................................................................................................. 6

7. ITEMS BROUGHT FORWARD DUE TO INTEREST BY ATTENDING PERSONS ............. 6

13.2 Veterinary Centre ................................................................................................... 7

8. CONFIRMATION OF THE PREVIOUS MINUTES OF COUNCIL .......................................14

9. BUSINESS ARISING FROM THE PREVIOUS MINUTES ..................................................14

10. RECEIPT OF MINUTES OF COMMITTEE MEETINGS HELD SINCE THE PREVIOUS MEETING OF COUNCIL ......................................................................................................14

10.1 Receipt of the Minutes of the Economic Development Advisory Committee ....... 14

10.2 Adoption of the Recommendations of the Economic Development Advisory Committee ............................................................................................................ 14

10.3 Receipt of the Minutes of the Museum Transition Committee ............................. 15

10.4 Adoption of the Recommendations of the Museum Transition Committee.......... 15

10.5 Receipt of the Minutes of the Townscape Advisory Committee .......................... 18

10.6 Adoption of the Recommendations of the Townscape Advisory Committee ....... 18

10.7 Receipt of the Minutes of the Access and Inclusion Committee .......................... 19

10.8 Adoption of the Recommendations of the Access and Inclusion Committee ...... 19

10.9 Receipt of the Minutes of the Weeds and Waterways Advisory Committee ........ 20

10.10 Adoption of the Recommendations of the Weeds and Waterways Advisory Committee ............................................................................................................ 20

11. CEO REPORTS ...................................................................................................................21

12. CORPORATE SERVICES REPORTS .................................................................................22

12.1 Amendment to the Shire of Collie Bush Fire Brigades Local Law 2017 .............. 22

12.2 Request for approval to conduct Swimming Lessons at Collie Mineworkers Memorial Swimming Pool ..................................................................................... 26

13. DEVELOPMENT SERVICES REPORTS ............................................................................28

13.1 Nomination of the Collie Roundhouse for the National Heritage List .................. 28

13.3 Shed – 140 Palmer Road ..................................................................................... 31

14. TECHNICAL SERVICES REPORTS ...................................................................................34

15. MOTIONS FOR WHICH PRIOR NOTICE HAS BEEN GIVEN ............................................34

16. QUESTIONS FROM MEMBERS FOR WHICH DUE NOTICE HAS BEEN GIVEN ............34

17. URGENT BUSINESS APPROVED BY THE PRESIDING MEMBER AND COUNCILLORS .............................................................................................................................................34

18. ANNOUNCEMENTS BY THE PRESIDING MEMBER AND COUNCILLORS ....................34

19. STATUS REPORT ON COUNCIL RESOLUTIONS ............................................................35

20. CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC ...............................................36

21. CLOSE .................................................................................................................................36

SHIRE OF COLLIE

MINUTES - ORDINARY MEETING OF COUNCIL


Page 1

Minutes of the Ordinary Meeting of the Collie Shire Council held in Council Chambers, 87 Throssell Street Collie, on Tuesday, 13 February 2018 commencing at 7:03pm. 1. OPENING/ATTENDANCE/APOLOGIES & LEAVE OF ABSENCE

PRESENT: Sarah Stanley Councillor (Presiding Member)

Ian Miffling JP Councillor (Deputy Member) Jodie Hanns Councillor Rebecca Woods Councillor Brett King Councillor Michelle Smith Councillor (left Chambers at 9.30pm) John Piavanini Councillor Leonie Scoffern Councillor Joe Italiano Councillor (left Chambers at 9.03pm) Gary Faries Councillor Elysia Harverson Councillor David Blurton CEO Brett Lowcock Director Technical Services Allison Fergie Director Corporate Services Andrew Dover Director Development Services Jay Bundela Assistant Accountant James Packer Relief Shire Planner Belinda Dent CEO PA

APOLOGIES: GALLERY: Ashley Bolt – Collie Mail (left Chambers at 9.44pm)

Jason Lette and Tym Duncanson – Department of Primary Industries and Regional Development (left Chambers at 8.23pm) Peter Piavanini, Tom Wood, Ed Riley, Dennis True, Troy Morton members from the Weeds and Waterways Advisory Committee (left Chambers at 8.00pm),Greg Smith (left Chambers at 8.18pm) Tanya Wutchak, Peter Wutchak, Minna Cleggett, Chris Duplessis, Yvonne Hammond, Rodney Cross, Jo Williams, Annette Hill, Amberley Genev, Shannon Hitchcock, Emily Hayhurst, Dr Kalina Hill, Christina Sewell, Matilda Brookes, Dr Nick Hamill, Nichilas Edis, Kristy Elvin, Colin Elvin, Rita Elvin, Jodie Gercama, Lara Burek, Adrian Azzari-Colley, Kevin Martin, Shiree Smith, Brett Smith, Tamara Smith, Beckie Reid. (all left Chambers at 8.23pm)

1.1 Councillors granted Leave of Absence at previous meeting/s.

1.2 Councillors requesting Leave of Absence for future Ordinary Meetings of Council.

1.3 Councillors who are applying for Leave of the Absence for this Ordinary Meeting of Council.

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Page 2

2. PUBLIC QUESTION TIME

Mr Duplessis Is the Council aware of the proximity of the air conditioning intake ducts near Coles providing climate control to that property as well as the Premier Hotel air conditioning units? How would Councillors feel if they had an investment of $1.5m being impacted by noise, smells etc. from a neighboring property? Mr Dover advised that the conditions that are recommended for approval would include ensuring that any environmental impact needs to be addressed. Coles did not provide a submission regarding the proposal.

The presiding member advised that the second part of the question would be considered by each Councillor and will form part of the debate on the matter.

Mr Smith Referenced a letter from Kroon Legal which was sent to Councillors late on the afternoon of 13th February 2018 by Cr Michelle Smith. – What law can be amended to suit the applicant? And what gives Council the right to ignore the law? Mr. Dover indicated that as a planning matter, the content of local laws do not form part of the matters to be considered by Council as part of the assessment process. (Planning and Development (local planning scheme) regulations 2015).

Mr. Smith became vocal and was advised by the presiding member to resume his seat.

Mr Duplessis Can staff advise if any approval has been given either verbally or in writing for this development to proceed and whether staff knew about renovations which had commenced and what action was taken? The CEO advised that no planning approval had been given by staff either verbally or in writing. Council staff had initially advised the proponent verbally to cease renovating the property and then later in writing at which point the renovation ceased. Mrs Hill Asked whether the proposal is consistent with the Council’s Health Local Law which prohibits the keeping of large animals in a town site without authority. The CEO advised that Local Laws are not a matter to be considered as part of the Planning approval process.

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Who is responsible for the safety of people in the parking area with the movement of large vehicles in the area? The CEO advised that the proponent is ultimately responsible as he has a duty of care to the members of the public and his customers to provide a safe environment. Mr Smith How can you go against the law? The presiding member advised that this question has already been responded to.

3. RESPONSES TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Questions taken on notice from the previous Council Meeting dated 23 January 2018.

EFT 22219 – The Colliefields – Allanson BFB Meals Course?

This is for Meals for 20 People over 2 Courses (with specific requirements as per DFES).

EFT22137 - Land Cruiser Service – P510?

This is for the regular Logbook service of the State Emergency Services Vehicle (via DFES) $418 (incl. GST)

EFT 22160 – Legal Fees – Planning Prosecution Fees. How much has Council spent thus far in this case?

Total expenditure to date is $112,731.90

Question on Notice - When has it come about that we cannot claim the cost of inhouse servicing of BFB and SES vehicles from FESA?

The Shire can claim the cost of inhouse servicing of BFB and SES vehicles. However, the Shire does not have the specialised equipment necessary to service and test the pumps which is a major part of servicing the BFB vehicles. Therefore the Shire has not serviced any of these vehicles inhouse for more than 10 years.

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4. DISCLOSURE OF FINANCIAL/IMPARTIALITY INTEREST The Chief Executive Officer advised that Disclosures of Financial Interests had been received from Councillors/staff as listed below:

Councillor/Staff Agenda Item Disclosure

Cr Woods Item 13.2 – Veterinary Centre Impartial Interest – Shareholder of Bendigo Bank

Cr Scoffern Item 13.2 – Veterinary Centre Financial – Shareholder of Bendigo Bank

Cr Piavanini Item 13.2 – Veterinary Centre Financial and Proximity – Shareholder and Director of Bendigo Bank

Cr Italiano Item 13.2 – Veterinary Centre Financial and Proximity – Shareholder of Bendigo Bank

Cr Stanley Item 13.2 – Veterinary Centre Financial – Shareholder and Director of Bendigo Bank

Cr Miffling Item 13.2 – Veterinary Centre

Financial and perhaps Proximity – Director and Shareholder of Bendigo Bank

Cr Smith Item 13.2 – Veterinary Centre Proximity – Land owner adjacent property.

In regard to item 13.2, a participation approval was sought from the Department of Local Government, Sport and Cultural Industry by the CEO for Councillors Scoffern, Piavanini, Italiano, Stanley and Miffling in accordance with section 5.69 (1). The Department has granted participation approval for Councillors Scoffern and Cr Italiano to participate in discussion and vote on the matter.

5. PETITIONS/DEPUTATIONS/PRESENTATIONS/SUBMISSIONS A Petition has been received relating to the development of the Veterinary Hospital site on Harvey Street which was signed by 200 people. (See Appendix 1) Mr. Jason Lette – Strategic Program Manager, Water for Food – Irrigated Agriculture Industry and Economic Development, Department of Primary Industries and Regional Development along with Mr. Tym Duncanson provided a presentation on the Myalup Wellington Project. The following questions were asked by Councillors; Cr Piavanini – What percentage of the Collie catchment is returned to farming land? Response – approximately 6,000 Ha net out of 90,000 Ha.

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Cr Scoffern – How many local jobs will be provided from this project? Response – approximately 1500 jobs across the whole project conservatively. Most jobs are associated with the horticulture developments and there is a horticulture base planned for the Collie area. Cr Italiano – Is the Arris project dependent on Collie Water proceeding? Response – No, it is an independent project but water from Collie Water would help make the project viable. Cr Faries – what is the timeline for the project? Response – The project is shovel ready and if funding is approved it will be quite quick with work expected to commence by the end of 2018 and well underway within 18 months. Cr Faries – The condition of the Collie River is an issue that is at the forefront of community concerns. What are the impacts on the Collie River? Response – Marginal impact as environmental flows are required to be maintained.

7697

Suspend Standing Orders:

Moved: Cr Italiano Seconded: Cr Faries

That Council Suspend Standing Orders.

CARRIED 11/0

Several questions were asked from members of the Weeds and Waterways Advisory Committee. Mr Riley – What amount of Water would be sourced from the Collie river and open cut sources? And are the Department of Water going to shift the goal posts again in relation to the allocation? Response - between 2 and 24 gigalitres per year with a likely average of 8gl from the east branch of the Collie river. Environmental flows will be an important part of the process, however we are in a drying climate and the Department would need to model the risk as part of the process. Mr Peter Piavanini – How much water is coming from aquifers to support the project? Response – The Department of Water has advised that groundwater cannot be accessed. Mr True – How is the diversion of the river going to be done at Buckingham and how will this stop flooding occurring?

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Response – The project will use the existing diversion however this will require Collie Water to develop further engineering plans and follow the subsequent approval process. Mr Morton – Who owns the land that is being used for plantations, and will Collie Water be purchasing land in Harvey? Response – The plantations are separate to Collie Water and have been planted by Forest Products Commission which has purchased some land from Bunbury Tree Farms. In Harvey it is more likely to be a leasing arrangement for land as it is mainly government land and unlikely to be sold.

7698

Resume Standing Orders:

Moved: Cr Italiano Seconded: Cr Faries

That Council Resume Standing Orders. CARRIED 11/0

Mr True, Mr Riley, Mr Piavanini, Mr Wood and Mr Morton left Chambers at 8.00pm.

6. NOTIFICATION OF MATTERS FOR WHICH THE MEETING MAY BE CLOSED TO THE PUBLIC Item 20.1 – Alliance Housing WA Charitable Housing Rating Exemption

7. ITEMS BROUGHT FORWARD DUE TO INTEREST BY ATTENDING PERSONS Item 13.2 – Veterinary Centre brought forward due to interested persons attending the Council meeting. Cr Wood has declared an impartial interest in item 13.2. Cr Piavanini, Cr Italiano, and Cr Miffling have declared financial and proximity interests in Item 13.2 Cr Scoffern and Cr Stanley have declared financial interests in item 13.2 Cr Smith, Cr Stanley, Cr Miffling, Cr Piavanini left the room at 8.01pm. The CEO called for nominations to chair the meeting and Cr King nominated Cr Faries to chair the meeting. There being no other nominations, Cr Faries assumed the chair.

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13.2 Veterinary Centre

Reporting Department: Development Services

Reporting Officer: Town Planner - James Packer

Accountable Manager: Andrew Dover - Director Development Services

Legislation Planning and Development Act 2005

WA Local Government Act 1995

File Number: A998

Appendices:

Yes - Appendices 5- Amended Plans

6 - Noise Assessment

7 -Schedule of Submissions

Voting Requirement Simple Majority

Report Purpose:

To seek Council Approval for Veterinary Centre in the Town Centre zone.

7699

Officer’s Recommendation/Council Decision:

Moved: Cr King Seconded: Cr Woods

That Council: pursuant to the provisions of the Planning and Development Act 2005, hereby resolves to grant approval to Jules Vandenbergh for the use and development of 27 (Lot 5) Harvey Street Collie 6225 as a Veterinary Centre subject to the following conditions: 1. At all times, the development the subject of this planning approval must comply with the definition of “Veterinary Centre” as contained in Schedule 1 of the Shire’s Local Planning Scheme No. 5. 2. All development shall be in accordance with the approved development plans (attached) which form part of this planning approval. 3. This planning approval will expire if the approved development has not substantially commenced within two (2) years from the date of issue of the approval, or, within any extended period of time for which the Shire of Collie has granted prior written consent. 4. All works required to satisfy a condition of this approval are required to be installed/ constructed and maintained in accordance with the approved plans and conditions of approval for the life of the development. 5. The use/development is not to interfere with the amenity of the locality or cause nuisance by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, water products or grit, oil or

otherwise.

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6. Before the development is occupied, the landscaped area(s) shown in green on the approved development plan(s) and must be planted, established, reticulated and thereafter maintained to the satisfaction of the Shire of Collie. 7. Before the development is occupied, a minimum of sixteen car parking bays must be identified to be used in conjunction with the land the subject of this planning approval and to the satisfaction of the Shire of Collie. 8. Before the development is occupied, a minimum of one car parking bay must be provided for the exclusive use of disabled persons in accordance with AS/NZS 2890.6:2009 and to the satisfaction of the Shire of Collie. 9. Before the development is occupied, linemarking and parking signage must be installed in accordance with the approved plans and must show four (4) designated staff bays within the lot. 10. Before the development is occupied, a minimum of two horse float parking bays (bay length to accommodate hose float and associated vehicle) are to be linemarked within the lot. 11. Appointments for horses (or such large animals) to be scheduled so that a maximum of two horse floats are parked on the property at any one time. No on street parking of horse floats are permitted. 12. At all times, all loading and unloading of horses (or such large animals) must take place within the boundaries of the site with the entry and exit gates shut. 13. No animal is to be kept outside the building overnight. 14. Before the development is occupied, the access way(s), car parking and turning area(s) shall be constructed in accordance with the development approval to the satisfaction of the Shire of Collie. 15. Goods or materials must not be permanently stored within the parking or landscaping area, or within access driveways. 16. Fence panels (between brick piers) within 1.5m either side of the entry / exit points of the lot (where possible), and within 1.5m of the corner of Harvey and Johnston Street, are to be visually permeable above 750mm above natural ground level. 17. All verge areas abutting the boundaries of the subject site must remain clear at all times and must not be used for any other purpose including car parking, trade display, storage and signage to the satisfaction of the Shire of Collie. 18. Except with the prior written consent of the Shire of Collie, the approved use must only be open to the public between the following hours:

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a. 8:30am and 7pm Monday to Friday; and b. 9:30am and 1pm Saturday and Sunday. 19. Before the development is occupied, in order to manage waste generated by incidental office, staff kitchen, staff room, waiting room, a general rubbish and recycle bin collection area must be provided onsite, and screened from public view. Bins are to be taken out to the verge for collection prior to 6am on day/days of collection. These bins are not to be used for disposing of trade waste of a toxic nature which is generated by the Veterinary Centre. Details to be submitted with the building permit application for the approval of the Shire of Collie. 20. In relation to manure produced from animals on-site the following shall be provided: a. A receptacle for manure, which is constructed of smooth, impervious, durable, easily cleanable materials and, provided with a tight-fitting cover, and with no part of the receptacle base being lower than the surface of the adjoining ground; b. Keep the lid of the receptacle closed except when manure is being deposited or removed; c. Cause the receptacle to be emptied at least once a week and as often as may be necessary to prevent it becoming offensive or a breeding place for flies or other vectors of disease; d. Keep the receptacle so far as possible free form flies or other vectors of disease by spraying with a residual insecticide or other effective means; and e. Cause all manure produced on the premises to be collected daily and placed in the receptacle. f. A washdown bay of adequate size for the cleaning of horses (or such large animals) and manure receptacles where the washdown bay:

i. Where walls are present that they are constructed of cement, concrete

or other similar impervious materials able to be effectively cleaned; ii. Provide a tap with an adequate piped supply of water; iii. Have a floor, the surface of which shall

1. Be at least 75 millimetre above the surface of the ground; 2. Be constructed of cement, concrete or other similar

impervious materials; 3. Have a fall of 1 in 100 to a drain, which shall empty, into a

bucket with a gully trap or interceptor trap discharged in a manner approved by the relevant authority.

21. Deceased animals which remain on the site for more than 12 hours are to be refrigerated prior to removal. Deceased animals removed from the subject site are to be covered from public view. 22. Trade waste associated with the veterinary centre, such as manure, food waste, soiled bedding, and deceased animals, must be collected from the site and disposed of in a lawful manner that does not create an odour nuisance or encourage fly breeding.

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23. A minimum of 1 m³ of storm water storage for each 65 m² of impervious area must be provided on site’ in-accordance with the Shire of Collie’s Information Guide – Stormwater Discharge from Building Sites. Detailed design plans of the proposed stormwater management must be submitted for approval in-accordance with the Shire of Collie’s Local Planning Policy – Stormwater Discharge from Building Sites. prior to the development commencing, and be implemented in accordance with the approved plan prior to the development being occupied.

CARRIED 5/2

Background:

Jules Vandenbergh, a resident of Collie, has applied for Development Approval to relocate his veterinary centre from 2 Lefroy Street, Collie to a larger more suitable premises located at 27 Harvey Street, Collie.

The subject Lot at 27 (Lot 5) Harvey Street comprises of an existing commercial building and associated yard which was used by the former tenant/owner as a Home Hardware outlet. Application is made to fit out the existing building for use as a Veterinary Centre.

Staff and some Councillors met on site on 15 January 2018 to assess the site against the proposed plans and use.

Statutory and Policy Implications: Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 cl. 60 Requirements for Development Approval Schedule 2 cl. 66 Matters to be Considered by Local Government

(the aims and provisions of this Scheme and any other local planning scheme operating within the Scheme area;

(b) the requirements of orderly and proper planning including any proposed local planning scheme or amendment to this Scheme that has been advertised under the Planning and Development (Local Planning Schemes) Regulations 2015 or another proposed planning instrument that the local government is seriously considering adopting or approving;

(c) any approved State planning policy; (g) any local planning policy for the Scheme area; (h) any structure plan, activity centre plan or local

development plan that relates to the development; (j) in the case of land reserved under this Scheme, the

objectives for the reserve and the additional and permitted uses identified in this Scheme for the reserve;

(k) the built heritage conservation of any place that is of cultural significance;

(l) the effect of the proposal on the cultural heritage significance of the area in which the development is located;

(m) the compatibility of the development with its setting

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including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development;

(n) the amenity of the locality including the following — (i) environmental impacts of the development; (ii) the character of the locality; (iii) social impacts of the development;

(o) the likely effect of the development on the natural environment or water resources and any means that are proposed to protect or to mitigate impacts on the natural environment or the water resource;

(p) whether adequate provision has been made for the landscaping of the land to which the application relates and whether any trees or other vegetation on the land should be preserved;

(q) the suitability of the land for the development taking into account the possible risk of flooding, tidal inundation, subsidence, landslip, bush fire, soil erosion, land degradation or any other risk;

(r) the suitability of the land for the development taking into account the possible risk to human health or safety;

(s) the adequacy of — (i) the proposed means of access to and

egress from the site; and (ii) arrangements for the loading, unloading,

manoeuvring and parking of vehicles;

(t) the amount of traffic likely to be generated by the development, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety;

(v) the potential loss of any community service or benefit resulting from the development other than potential loss that may result from economic competition between new and existing businesses;

(w) the history of the site where the development is to be located;

(x) the impact of the development on the community as a whole notwithstanding the impact of the development on particular individuals;

(y) any submissions received on the application; (za) the comments or submissions received from any

authority consulted under clause 66; (zb) any other planning consideration the local government

considers appropriate.

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Local Planning Scheme No. 5

The subject lot is zoned Town Centre. The proposal has been assessed in accordance with the following clauses of the Scheme: 4.3 – Zoning Table A Veterinary Centre is a ‘D’ use in the Town centre Zone and therefore is permitted via a planning approval at the discretion of the local government.

Budget Implications: Nil

Communications Requirements: (Policy No. CS 1.7) The proposal has undergone public advertising in accordance with the following policy objectives: 1. Providing regular and consistent communication on Council’s projects and

activities to all stakeholders 2. Creating a positive and professional image for the Shire of Collie through open,

transparent communication and increased awareness of Council’s projects and activities

3. Fostering meaningful community consultation processes in Council’s activities. The public advertising period ran from 30/11/17 until 04/01/18. Advertising of the proposal was conducted via mail to owners and occupants within a 100m radius. The proposal was also advertised to the general public in the Collie Mail.

A total of 25 submissions were received as a result of the public advertising period.

Strategic Community Plan/Corporate Business Plan Implications:

Goal 4: Our Built Environment

Outcome 4.1 Appropriate Land Use, Development and Heritage Conservation; Strategy 4.1.1: Ensure appropriate Planning Controls for land use and development.

Relevant Precedents: N/A

Comment: Under delegated authority 21. Town Planning Functions, any application in the opinion of the Chief Executive Officer to be controversial or of public interest is to be determined by Council.

Zoning of the proposed premises is “Town Centre” which supports a Veterinary Centre as a ‘D’ (discretionary) use in Town Planning Scheme No. 8. The current location of the Veterinary Centre is zoned mixed business and opposite the town centre zone.

Positive and negative submissions were received from neighbouring properties and the general public as a whole. Supporting submissions (14 in total) comment generally on how the new practise will be good for Collie’s economy and convenient for their

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veterinary needs making several significant improvements on the current centre with an increase in the size and scope of facilities such as: significantly improved security for the animals including secure parking for the loading and unloading, a small animal exercise area, the separation of cats and dogs, and sound proofing. Negative submissions (11 in total) focus mainly on concerns regarding noise, smell, traffic/parking issues, vermin and the danger of escaped animals. These submissions are summarised and officer’s comments provided in Appendix 7.

Parking has been calculated based on three consulting rooms, one surgery and one treatment room. Based on this there would be no more than 4 practitioners seeing clients at any one time. Town Planning Scheme No. 5 specifies four car parking spaces per practitioner, therefore a total of sixteen car parking bays would be required. Nine car parking spaces are included inside the development and there are an additional eight car parking bays located on Harvey Street adjoining the premises. Therefore the proposal is considered to be compliant with the car parking requirements of Town planning scheme No. 5.

On-site manoeuvring of vehicles towing horse floats is demonstrated on the plans and parking is conditioned for two horse floats within the lot. In order to avoid onsite congestion a condition is included that appointments for horses (or such large animals) are to be scheduled so that a maximum of two horse floats are parked on the property at any one time.

A noise assessment was requested by the Shire to determine if predicted noise from the use was reasonable for the zone and in consideration of surrounding sensitive land uses. Most submissions of objection sighted dog barking as a concern and a dog barking model was applied in the noise assessment. Recommendations of the noise assessment is that acceptable noise levels will be experienced by surrounding sensitive land uses.

All animals are to be housed inside which will have sound proofing. Noise emanating from the veterinary clinic must also comply with the Environmental Protection (Noise) Regulations 1997.

In order to attenuate nuisance caused by odours and vermin, the Shire has recommended various conditions, which, if adhered to, will reduce the instance of odour and vermin to a level also acceptable for the zone and in consideration of surrounding sensitive land uses.

The instance of animals escaping from the premises is minimised by proposed automatic gates which are to remain closed apart from the entering and exiting of vehicles. A condition is included which requires gates to be closed during the loading and unloading of horses from floats.

In consideration of valid concerns of the public and attenuating measures of the applicant, Development Services recommends approval on the provision that the applicant can achieve and maintain standards pursuant to the conditions whereby the Veterinary Centre does not cause injury to or adversely affect the amenity of the neighbourhood. This application is deemed to comply with the relevant assessment requirements.

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Mr Smith left Chambers at 8.18pm. Cr Smith, Cr Stanley, Cr Miffling, and Cr Piavanini returned to Chambers at 8.21pm. Cr Faries vacated the chair at 8.21pm. Cr Stanley resumed the chair at 8.21pm. The remainder of the gallery left the chambers at 8.23pm.

8. CONFIRMATION OF THE PREVIOUS MINUTES OF COUNCIL

7700

Recommendation/Council Decision: Moved: Cr Woods Seconded: Cr Miffling

That Council confirms the Minutes of the Ordinary Meeting of Council held on 23 January 2018.

CARRIED 11/0

9. BUSINESS ARISING FROM THE PREVIOUS MINUTES Nil

10. RECEIPT OF MINUTES OF COMMITTEE MEETINGS HELD SINCE THE PREVIOUS MEETING OF COUNCIL 10.1 Receipt of the Minutes of the Economic Development Advisory Committee 7701

Recommendation/Council Decision: Moved: Cr Woods Seconded: Cr Hanns That Council receives the minutes of the Economic Development Advisory Committee held on 19 January 2018.

CARRIED 11/0

10.2 Adoption of the Recommendations of the Economic Development

Advisory Committee

Recommendation: That Council adopts en bloc the recommendations contained within the minutes of the Economic Development Advisory Committee held on 19 January 2018. That Council: 10.2.1 1.appoint Mr Doug White as a representative of Synergy and

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2. Mr Erik Mellegers and Mrs Narelle Carroll as community members to the Economic Development Advisory Committee.

7702

Council Decision: Moved: Cr Miffling Seconded: Cr Italiano That Council amend the terms of reference of the Economic Development Advisory Committee to allow Synergy to be a member of the Committee and that Mr Doug White be appointed as Synergy’s representative.

CARRIED 11/0

Moved: Cr Italiano Seconded: Cr Miffling 10.2.2 2 That Rosanne Pimm be elected to the Economic Development Advisory Committee as one of the community members.

WITHDRAWN 7703

Council Decision: Moved: Cr Miffling Seconded: Cr Faries That the Economic Development Advisory Committee terms of reference be expanded to included three community members being Mr Erik Mellegers, Mrs Rosanne Pimm and Mrs Narelle Carroll.

CARRIED 11/0

10.3 Receipt of the Minutes of the Museum Transition Committee 7704

Recommendation/Council Decision: Moved: Cr Faries Seconded: Cr Hanns That Council receives the minutes of the Museum Transition Committee held on 29 January 2018.

CARRIED 11/0

A request was taken on notice for staff to check the location of the fire hydrant on the building at the Museum.

10.4 Adoption of the Recommendations of the Museum Transition Committee

Recommendation: That Council adopts en bloc the recommendations contained within the minutes of the Museum Transition Committee held on 29 January 2018.

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That Council: 10.4.1 accept the quote of $3,400.00 inc GST from JI & LA Riley for the removal of the Kohler building from the museum precinct, subject to Ji & LA Riley amending the wording in the notes from ‘All material remains the property of ‘JI & LA Riley’ to Ji & LA Riley to have total salvage rights of the materials.’ 10.4.2 that the fire hydrant and fire hose at the museum be checked to ensure that the pressure reaches the required standard. 10.4.3 refer the draft Coalfields Museum Restoration Policy to the Policy Review Committee for recommendation to be adopted by Council. 10.4.4 endorse the Coalfields Museum Strategic Plan. 10.4.5 a) support in principle the draft for the upgrade of the museum precinct as tabled at the Museum Transition Committee meeting (Monday, January 29); and b) support the preparation by Kent Lyon Architects of site measurements and drawings of existing museum precinct, base plans for new layouts and concept drawings for a master plan for the development of the museum precinct to $3000 ex GST, sourcing funds from Account No. 123240 (Museum Upgrades). 10.4.6 support the preparation by Kent Lyon Architects of construction documentation and architectural services for the museum precinct upgrade to a cost of $7000 ex GST, sourcing funds from Account No. 123240 (Museum Upgrade). 10.4.7 support the development of concrete pads and enclosures for ‘show stopper’ outside displays to be placed at the east and west sides of the Main Roads building, sourcing funds from Account No. 123240 (Museum Upgrade).

7705

Council Decision: Moved: Cr Hanns Seconded: Cr Italiano That Council adopts en bloc the recommendations contained within the minutes of the Museum Transition Committee held on 29 January 2018. That Council: 10.4.1 accept the quote of $3,400.00 inc GST from JI & LA Riley for the removal of the Kohler building from the museum precinct, subject to Ji & LA Riley amending the wording in the notes from ‘All material remains the property of ‘JI & LA Riley’ to Ji & LA Riley to have total salvage rights of the materials.’

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10.4.2 that the fire hydrant and fire hose at the museum be checked to ensure that the pressure reaches the required standard. 10.4.3 refer the draft Coalfields Museum Restoration Policy to the Policy Review Committee for recommendation to be adopted by Council. 10.4.4 endorse the Coalfields Museum Strategic Plan. 10.4.5 a) support in principle the draft for the upgrade of the museum precinct as tabled at the Museum Transition Committee meeting (Monday, January 29); and b) support the preparation of site measurements and drawings of existing museum precinct, base plans for new layouts and concept drawings for a master plan for the development of the museum precinct to $3000 ex GST, sourcing funds from Account No. 123240 (Museum Upgrades). 10.4.6 support the preparation of construction documentation and architectural services for the museum precinct upgrade to a cost of $7000 ex GST, sourcing funds from Account No. 123240 (Museum Upgrade). subject to be reviewed by Staff. 10.4.7 support the development of concrete pads and enclosures for ‘show stopper’ outside displays to be placed at the east and west sides of the Main Roads building, sourcing funds from Account No. 123240 (Museum Upgrade).

CARRIED 11/0

Staff Comment:

• Council purchasing policy requires three written quotes be received for expenditure over $5,000;

• Development staff have not been involved in discussions with contractors seeking quotes and have had no input in the concept design proposal of the upgrades;

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10.5 Receipt of the Minutes of the Townscape Advisory Committee 7706

Recommendation/Council Decision: Moved: Cr Scoffern Seconded: Cr Harverson That Council receives the minutes of the Townscape Advisory Committee held on 30 January 2018.

CARRIED 11/0

Mr Blurton left the room at 8.53pm and returned at 8.54pm. 10.6 Adoption of the Recommendations of the Townscape Advisory

Committee

Recommendation: That Council adopts en bloc the recommendations contained within the minutes of the Townscape Advisory Committee held on 30 January 2018. That Council: 10.6.1 that bins be put out at Coles carpark and charge emptying back to Coles the owner of the carpark. 10.6.2 apply for the Western Australia Police Force Funding for the Prevention and Removal of Graffiti Vandalism Grant. 10.6.3 consider for the 18/19 Financial budget that a toilet block is built at the Visitors Centre.

7707

Council Decision: Moved: Cr Harverson Seconded: Cr Faries That Council adopts en bloc the recommendations contained within the minutes of the Townscape Advisory Committee held on 30 January 2018. That Council: 10.6.1 that Council install at least two bins on the southern side of the coles carpark within the road reserve and that staff liaise with Coles in relation to road sweeping of the carpark. 10.6.2 apply for the Western Australia Police Force Funding for the Prevention and Removal of Graffiti Vandalism Grant. 10.6.3 consider for the 18/19 Financial budget that a toilet block is built at the Visitors Centre.

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CARRIED 11/0

A question was taken on notice. Are any bins required to be provided in the carpark as part of the conditions for the Coles Supermarket.

10.7 Receipt of the Minutes of the Access and Inclusion Committee

7708

Recommendation/Council Decision: Moved: Cr Hanns Seconded: Cr Woods That Council receives the minutes of the Access and Inclusion Committee held on 1 February 2018.

CARRIED 11/0

Cr Italiano requested leave from the meeting and left Chambers at 9.03pm. Cr Harverson left the room at 9.08pm and returned at 9.09pm.

Cr Woods left the room at 9.11pm and returned at 9.12pm.

10.8 Adoption of the Recommendations of the Access and Inclusion Committee

Recommendation: That Council adopts en bloc the recommendations contained within the minutes of the Access and Inclusion Committee held on 1 February 2018. That Council: 10.8.1 consider an allocation of the balance of funds or to source loan funds for the construction of a disabled access shower and toilet at the caravan park at the mid-year budget review. Amendment: Moved: Cr Faries That Council get quotes to renovate the toilet block and showers at the caravan park.

7709

Council Decision: Moved: Cr Faries Seconded: Cr Scoffern That staff present quotes to Council to renovate the toilets block and showers at the caravan park to include disabled access to the shower and toilet and table at the mid-year budget review.

CARRIED 10/0

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10.9 Receipt of the Minutes of the Weeds and Waterways Advisory Committee 7710

Recommendation/Council Decision: Moved: Cr Faries Seconded: Cr Hanns That Council receives the minutes of the Weeds and Waterways Advisory Committee held on 1 February 2018.

CARRIED 10/0

10.10 Adoption of the Recommendations of the Weeds and Waterways Advisory

Committee 7711

Recommendation/Council Decision: Moved: Cr Hanns Seconded: Cr Miffling That Council adopts en bloc the recommendations contained within the minutes of the Weeds and Waterways Advisory Committee held on 1 February 2018. That Council: 10.10.1 send a letter to the Department of Lands regarding the Blackberry infestation along the Collie River, including the cost incurred by landowners trying to eradicate the Blackberry. 10.10.2 the Weeds and Waterways Advisory Committee hold a workshop with Glen Flood Group Consulting to discuss concerns with the Collie River Revitilisation Plan 2018-2022. 10.10.3 write to Premier Coal regarding outlet at Buckingham and the long term goal for this outlet and how long it will last. 10.10.4 write to the Department of Primary Industries seeking information on the status of Water for Food Project. 10.10.5 the Weeds and Waterways Advisory Committee write a letter to Chris Gilbert to thank her for her dedication and time as a valued member of the Committee. 10.10.6 the Weeds and Waterways Advisory Committee write to the Leschenault Catchment Council, applauding their effort for running a free workshop on the coast and would they hold the same workshop in Collie or surrounding area.

CARRIED 10/0

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11. CEO REPORTS Nil Cr Smith requested leave from the meeting and left Chambers at 9.30pm.

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12. CORPORATE SERVICES REPORTS

12.1 Amendment to the Shire of Collie Bush Fire Brigades Local Law 2017

Reporting Department: Corporate Services

Reporting Officer: Allison Fergie – Director Corporate Services

Accountable Manager: David Blurton – Chief Executive Officer

Legislation WA Local Government Act 1995, Bush Fires Act 1954

File Number: LAW/001

Appendices: Yes – Appendix 2

Voting Requirement Absolute Majority

Report Purpose:

For Council to consider the proposed Shire of Collie Bush Fire Brigades Amendment Local Law 2018 in accordance with the undertaking given to the Joint Standing Committee on Delegated Legislation.

7712


Moved: Cr King Seconded: Cr Hanns

That Council by ABSOLUTE MAJORITY: 1. Advertises its intention to make a new local law to be known as the Shire

of Collie Bush Fire Brigades Amendment Local Law 2018 as presented at Appendix 2 and forwards a copy of the proposed local law to the Department of Local Government and the Department of Emergency Services for the Ministers’ consideration;

2. Notes the purpose of the proposed Shire of Collie Bush Fire Brigades Amendment Local Law 2018 is to make provisions about the organisation, establishment, maintenance and equipment of bush fire brigades; and

3. Notes the effect of the proposed Shire of Collie Bush Fire Brigades Amendment Local Law 2018 is that Bush Fire Brigades will be organised and managed to comply with the provisions of this local law.

CARRIED 9/0

Background: The Council resolved at its meeting on 24 January 2017 the following in relation to the above Local Law.

7297 - That Council by ABSOLUTE MAJORITY: 1. Advertises its intention to make a new local law to be known as the Shire of Collie Bush Fire Brigades Local Law 2017 as per Appendix 1 and forwards a copy of the proposed Shire of Collie Bush Fire Brigades Local Law 2017 to the Department of Local Government and Communities for the Minister’s consideration;

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2. Notes the purpose of the proposed Shire of Collie Bush Fire Brigades Local Law 2017 is to make provisions about the organisation, establishment, maintenance and equipment of bush fire brigades; and

3. Notes the effect of the proposed Shire of Collie Bush Fire Brigades Local Law 2017 is that Bush Fire Brigades will be organised and managed to comply with the provisions of this local law.

Prior to adoption, comment was received from the Department of Local Government and Communities and the Department of Fire and Emergency Services, following which a number of changes and edits were made prior to adoption of the local law. On 18 April 2017 Council resolved:

7398 – That Council adopts the Shire of Collie Bush Fire Brigades Local Law 2017 as presented in Appendix 3.

Following adoption by Council, the Explanatory Memorandum was forwarded to the Joint Standing Committee on Delegated Legislation (the Committee) and the Committee requested that Council provide a letter signed by the Shire President undertaking to make amendments to the Shire of Collie Bushfire Brigades Local Law 2017 and this undertaking was given at the meeting held 24 October 2017:

7607 – That Council: 1. Undertake to amend the Shire of Collie Bush Fire Brigades Local Law 2017 as requested by the Joint Standing Committee on Delegated Legislation as outlined in the body of this report, 2. In the meantime, not enforce the Local Law in a manner contrary to the undertakings given, and 3. Where the local law is made available to the public, whether in hard copy or electronic form, it be accompanied by a copy of these undertakings.

Statutory and Policy Implications: The process required to be used when adopting or amending a local law is set out in s3.12 –3.14 of the Local Government Act 19951995 and is extracted below: 3.12. Procedure for making local laws

(1) In making a local law a local government is to follow the procedure described

in this section, in the sequence in which it is described.

(2) At a council meeting the person presiding is to give notice to the meeting of the

purpose and effect of the proposed local law in the prescribed manner.

(3) The local government is to —

(a) give State wide public notice stating that —

(i) the local government proposes to make a local law the purpose and

effect of which is summarized in the notice;

(ii) a copy of the proposed local law may be inspected or obtained at

any place specified in the notice; and

(iii) submissions about the proposed local law may be made to the local

government before a day to be specified in the notice, being a day

that is not less than 6 weeks after the notice is given;

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(b) as soon as the notice is given, give a copy of the proposed local law and

a copy of the notice to the Minister and, if another Minister administers

the Act under which the local law is proposed to be made, to that other

Minister; and

(c) provide a copy of the proposed local law, in accordance with the notice,

to any person requesting it.

(3a) A notice under subsection (3) is also to be published and exhibited as if it

were a local public notice.

(4) After the last day for submissions, the local government is to consider any

submissions made and may make the local law* as proposed or make a local

law* that is not significantly different from what was proposed.

* Absolute majority required.

(5) After making the local law, the local government is to publish it in the Gazette

and give a copy of it to the Minister and, if another Minister administers the Act

under which the local law is proposed to be made, to that other Minister.

(6) After the local law has been published in the Gazette the local government is to

give local public notice —

(a) stating the title of the local law;

(b) summarizing the purpose and effect of the local law (specifying the day

on which it comes into operation); and

(c) advising that copies of the local law may be inspected or obtained from

the local government’s office.

(7) The Minister may give directions to local governments requiring them to provide

to the Parliament copies of local laws they have made and any explanatory or

other material relating to them.

(8) In this section —

“making” in relation to a local law, includes making a local law to amend the

text of, or repeal, a local law.

[Section 3.12 amended by No. 1 of 1998 s. 8; No. 64 of 1998 s. 6; No. 49 of 2004

s. 16(4) and 23.]

Budget Implications: Local and State wide advertising required to amend the local law. Communications Requirements: (Policy No. CS 1.7) Statutory advertising as required for amendment of a local law.

Strategic Community Plan Implications: Goal 5 Our Business – Good governance through an effective, efficient and sustainable organisation. Outcome 5.1: Good governance and leadership Strategy 5.1.5: Administer local laws and ensure compliance with statutory obligations.

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Relevant Precedents: Council has previously amended a local law. Most recently, at its meeting held 20 June 2017 Council resolved:

7469 - That Council: 1. Notes the purpose of the Shire of Collie Parking and Parking Facilities Amendment

Local Law 2017 is to provide for the orderly management of the Shire’s designated public parking areas; and

2. Notes the effect of the Shire of Collie Parking and Parking Facilities Amendment Local Law 2017 is that adequate measures are in place to control parking and

stopping areas generally within the Shire of Collie. Comment: Council has already given an undertaking to amend the Shire of Collie Bush Fire Brigades Local Law 2017 as requested by the Committee, and advertising the intention to amend the local law is the first step in the process.

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12.2 Request for approval to conduct Swimming Lessons at Collie Mineworkers

Memorial Swimming Pool

Reporting Department: Corporate Services

Reporting Officer: Allison Fergie – Director Corporate Services

Accountable Manager: David Blurton – Chief Executive Officer

Legislation WA Local Government Act 1995

File Number: RCS/002

Appendices: No


Report Purpose:

For Council to consider a request from Ms S Lasisz to conduct swimming lessons at the Collie Mineworkers Memorial Swimming Pool

7713


Moved: Cr King Seconded: Cr Scoffern

That Council approve the request from Ms S Lasisz to conduct private swimming lessons at the Collie Mineworkers Memorial Swimming Pool for a term of three (3) years to April 2021 subject to the provision of relevant certificates of currency and qualifications.

CARRIED 9/0

Background: The Collie Mineworkers Memorial Swimming Pool is available for persons wishing to offer private swimming lessons and the Aqua Splash Swim School and one individual instructor currently operate from the Pool. The applicant is seeking permission to give private lessons at the Pool and will work collaboratively with existing providers. Statutory and Policy Implications: Council Policy CS6.2 Swimming Pool Use – During Working Hours requires persons wanting to conduct private swimming lessons at the Council pool for financial gain to apply in writing to Council for permission and to provide relevant insurances and qualifications.

Budget Implications: Participants would pay entrance to the Pool in accordance with Council’s adopted fees and charges.

Communications Requirements: (Policy No. CS 1.7) Nil

Strategic Community Plan/Corporate Business Plan Implications: GOAL 1: OUR COMMUNITY – A thriving, supportive and safe community

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Outcome 1.2: Participation in sport, leisure and recreation activities. Strategy 1.2.1: Provide and promote sport, recreation and leisure facilities and programs.

Relevant Precedents: On 10 November 2015 Council granted a similar approval for the conduct of private swimming lessons at the Collie Mineworkers Memorial Swimming Pool:

6901 - Officer’s Recommendation/Council Decision: Moved: Cr Italiano Seconded: Cr Stanley That Council approve the request from T Emmett to conduct private swimming lessons at the Collie Mineworkers Memorial Swimming Pool subject to the provision of relevant certificates of currency and qualifications.

CARRIED 11/0

Comment: The applicant is an experienced, accredited and licensed AUSTSWIM teacher, and any approval would be subject to the provision of certificates of currency for relevant insurances and qualifications.

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13. DEVELOPMENT SERVICES REPORTS

13.1 Nomination of the Collie Roundhouse for the National Heritage List


Reporting Officer: Andrew Dover – Director Development Services

Accountable Manager: Andrew Dover – Director Development Services

Legislation Environment Protection and Biodiversity Conservation Act 1999

File Number: A

Appendices: Yes – Appendix 3 & 4


Report Purpose:

For Council to consider the recognition and nomination of the Collie Roundhouse to Australia’s National Heritage List.

7714


Moved: Cr Hanns Seconded: Cr Faries

That Council nominate the Collie Roundhouse to Australia’s National Heritage List.

CARRIED 9/0

Background: The Collie Roundhouse is state owned building at the urban edge of Collie. It is a significant building in the context of railway heritage as the only remaining Roundhouse in Western Australia and is its preservation is important for the interpretation of rail heritage in the region as well as providing an insight into the lives, work and achievements of post-war Australia. The building is listed on the State Heritage List and Local Heritage List. The Place Sheets are attached at Appendix 3. The building also is listed as an Indicative Place on the National Heritage List. An Indicative Place means ‘Data provided to or obtained by the Heritage Branch has been entered into the database. However, a formal nomination has not been made and the [Heritage] Council has not received the data for assessment. The data in the place does not necessarily represent the views of the [Heritage] Council or the Minister.’ The Nominator’s Statement of Significance states: ‘The off form concrete walls, the concrete columns and precast concrete beams combine to produce a dramatic architectural character particularly when viewed from inside where light enters from the glazed roof areas and plays on the various angles of the concrete surfaces. The method of housing the locomotives can easily be appreciated and is a demonstration of a past industrial usage.’

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For a place to be included in the National Heritage List the Minister must be satisfied that the place meets one or more of the National Heritage Criteria. The usual process for listing under the EPBC Act is that the Minister can only take this decision after receiving a formal recommendation from the Australian Heritage Council. The Roundhouse fits the following National Heritage List criteria:

• the place has outstanding heritage value to the nation because of the place's importance in exhibiting particular aesthetic characteristics valued by a community or cultural group

• the place has outstanding heritage value to the nation because of the place's importance in demonstrating a high degree of creative or technical achievement at a particular period

• the place has outstanding heritage value to the nation because of the place's special association with the life or works of a person, or group of persons, of importance in Australia's natural or cultural history

Once it has been determined that a place meets the criteria, the level of significance is considered. Three matters are considered:

• the application of the threshold to determine if a place is of ‘outstanding heritage values to the nation’

• an analysis of the integrity to determine if its key heritage values remain intact; and

• an analysis of the authenticity to determine if the heritage value is genuine or of undisputed origin, applies to the cultural environment.

The integrity and authenticity of the place is relatively intact. To determine if a place meets the threshold of outstanding heritage value a comparative analysis is generally conducted. However, ‘Outstanding heritage value to the nation’ does not necessarily mean that the place has to be important to all Australians and this assessment considers how well the place meets the criteria or parts of multiple criteria. Closing date for nominations for 2018 is 26 February 2018. The assessment process is anticipated to take 18-24 months.

Statutory and Policy Implications: If the nomination and assessment is successful and the Roundhouse is listed on the National Heritage List, conservation restrictions will apply. However, the National Heritage Council will draw up a Management Plan for the building. (See Appendix 4.)

Budget Implications: There is a limited cost for a heritage expert to prepare the nomination. This is estimated to be $1,000 and can be taken from the Regional Heritage Advisory budget. Once listed, the building will then be edible for Commonwealth funding. This is limited at this time and is suitable for minor work and the development of plans. This may change into the future. However, other bodies such as the State Government and LotteryWest would be more willing to allocate grant funding toward the redevelopment of a Nationally listed building.

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The listing also is anticipated to draw attention to Collie and the important heritage that exists throughout the town. The Australian Heritage Strategy 2015 states that tourists are drawn to these significant places: Recognition of Australia’s heritage acknowledges our complex natural and cultural history and reflects the diverse values and experiences of Australians. Interpretation, celebration and commemoration of our heritage places provides opportunities for communities to recognise, understand and be part of Australia’s stories. This recognition can in turn provide motivation for visitors to travel—in many cases great distances—to experience and build their own understanding of what makes such places special. In recent years studies have shown there are economic benefits associated with heritage sites.

Communications Requirements: (Policy No. CS 1.7) Nil. This will be carried out as part of the assessment from the National Heritage Council.

Strategic Community Plan/Corporate Business Plan Implications: Outcome 3.1: Appropriate land use, development and conservation of heritage.

Relevant Precedents: Nil.

Comment: The nomination and listing of the Roundhouse has a number of advantages:

• Ensure the building’s preservation and renovation through regulation;

• Attention focused at a state and national level on the progress of renovation occurring;

• Provision of a Management Plan from the Commonwealth Government;

• Additional funding from the Commonwealth Government and other bodies;

• Marketing opportunities of having the second Nationally Listed Heritage building in WA (other is Fremantle Prison); and

• Potential additional tourists to visit the building. As a result of the above, it is recommended that the Collie Roundhouse be nominated for the National Heritage List.

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13.3 Shed – 140 Palmer Road


Reporting Officer: James Packer– Shire Planner

Accountable Manager: Andrew Dover - Director Development Services

Legislation Planning and Development Act 2005

WA Local Government Act 1995

File Number: A3071

Appendices: Yes – Appendix 8 - Site plan


Report Purpose:

To seek Council Approval for a shed under clause 5.7.1 of the Local Planning

Scheme in respect of setback requirements in the ‘Rural Residential’ zone.

7715


Moved: Cr Miffling Seconded: Cr King

That Council, pursuant to the provisions of the Planning and Development Act

2005, hereby resolves to:

1. Grant approval to Kim Over for the development of a Shed at 140 Palmer Road

Collie subject to the following conditions:

a) At all times, the development the subject of this planning approval must

comply with the definition of ‘outbuilding’ as contained in State Planning

Policy 3.1 Residential Design Codes.

b) All development shall be in accordance with the approved development

plans (attached) which form part of this planning approval.

c) This planning approval will expire if the approved development has not

substantially commenced within two (2) years from the date of issue of

the approval, or, within any extended period of time for which the Shire of

Collie has granted prior written consent.

d) Before the development is occupied, all external surfaces of steel

cladding must be painted and/or finished to the satisfaction of the Shire

of Collie.

CARRIED 9/0

Background:

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A decision of Council is required for this application as the proposal seeks to vary the

setback requirements for the ‘Rural Residential’ zone which are provisions set out in

the Scheme under clause 5.9.5 (i)(i). Under clause 5.7.1 a decision of Council is

required for a proposal that does not comply with the prescribed standard.

Statutory and Policy Implications:

Local Planning Scheme No. 5

The subject lot is zoned Rural Residential (R-R2). The proposal has been assessed

in accordance with the following clause(s) of the Scheme:

5.9.5 Rural Residential Zone

Building Setbacks

(i) Where a lot does not have an identified building envelope, the following

setbacks apply:

(i) For lots with an area greater than 1ha:

Front: 15m Side: 5m Rear: 5m

10.2 Matters to be Considered

(f) any Local Planning Policy adopted by local government under clause 2.4...;

(i) the compatibility of a use or development with its setting;

(o) the relationship of the proposed development on adjoining land or on other land in

the locality, including but not limited to, the likely effect of the height, bulk, scale,

orientation and appearance of the proposal;

(y) any relevant submissions received on the application;

State Planning Policy 3.1 - Residential Design Codes

5.4.3 Outbuildings (Design Principles)

Outbuildings that do not detract from the streetscape or the visual amenity of residents

or neighbouring properties.

Budget Implications:

Nil

Communications Requirements: (Policy No. CS 1.7)

The proposal meets the following policy objectives:

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1. Providing regular and consistent communication on Council’s projects and

activities to all stakeholders

2. Creating a positive and professional image for the Shire of Collie through open,

transparent communication and increased awareness of Council’s projects and

activities

3. Fostering meaningful community consultation processes in Council’s activities.

Strategic Community Plan/Corporate Business Plan Implications:

Goal 4: Our Built Environment

Outcome 4.1 Appropriate Land Use, Development and Heritage Conservation;

Strategy 4.1.1: Ensure appropriate Planning Controls for land use and development.

Relevant Precedents:

03 October 2017 Council approved a shed within side setback on a rural residential

zone at 39 Preston Road.

Comment:

140 Palmer Road is approx. 1200m2 in size. The proposed shed is approx. 128m2 and

is located 3 metres from the side boundary of the property. There are no adjoining

neighbours on this side of the property as it is a Council Road Reserve, namely

Inkerman street, and a vacant block.

The proposal does not detract from the streetscape or the visual amenity of residents

or neighbouring properties as can be seen on the plans.

The owner’s justification for the reduced setback is to enable the shed to sit in between

the boundary fence and an internal newly fenced paddock.

Therefore the shed is recommended for approval.

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14. TECHNICAL SERVICES REPORTS Nil

15. MOTIONS FOR WHICH PRIOR NOTICE HAS BEEN GIVEN Nil

16. QUESTIONS FROM MEMBERS FOR WHICH DUE NOTICE HAS BEEN GIVEN Nil

17. URGENT BUSINESS APPROVED BY THE PRESIDING MEMBER AND COUNCILLORS Nil

18. ANNOUNCEMENTS BY THE PRESIDING MEMBER AND COUNCILLORS Cr Stanley

• 25 January – Present for Collie Futures group announcement by the State government, which will also see a dedicated economic development resource based in Collie.

• 25 January – Helped open the Collie Wagyl Biddi mountain bike network.

• 26 January – Australia Day celebrations at Central Park. Presented to award recipients and attended the community event later that evening.

• 27 January – Helped judge and presented prizes to bombie competition entrants at the Collie Pool Fun Day.

• 30 January – Met with Arris consulting and South West Development Commission to receive a project update on the Protective Cropping Green House Project – Collie.

• 1 February – Met with Rob Edkins of Food Fire and Land International Group to discuss potential opportunities in hemp manufacturing and processing.

• 6 February – Hit SouthWest radio morning show announcers visited Black Diamond and Honeymoon Pool as part of a tour of tourist hotspots around the State, including Esperance, Wave Rock, Kalgoorlie and Margaret River. Collie’s video achieved the best reach and engagement of the series, with more than 10,000 views.

• 8 February – Presented to the state government Secretariat that is supporting and overseeing the Collie Futures group.

• 9 February – Received a presentation from Charles Jenkinson from Regional Development Australia at the Economic Development Advisory Committee meeting.

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• 9 February – Attended the opening night for Highlights of the Collie Collection at the Collie Art Gallery.

• 13 February – Attended an initial workshop for a project that will map the South West Innovation Ecosystem being run by Business South West and the South West Development Commission.

Mr Blurton

• 25 January - attended Collie futures Group announcement by Ministers Mctiernan and Murray at Central Park.

• 25 January - attended Collie Waygl Biddi Mountain Bike track opening Soldiers park

• 29 January - travelled to Perth with Mrs Fergie to attend SAT hearing with Alliance Housing regarding rates dispute.

• 30 January - along with Shire president met with Arris Consulting and Department of Agriculture regarding feasibility of intensive cropping project in Collie.

• 1 February - attended Venn Street Water stop for photo opportunity with Minister Murray and funding announcement for replacement of water stop.

• 8 February - along with Shire President presented to the Secretariat of the Economic Development plan for Collie and Bunbury regions.

• 9 February - met with Councils insurer LGIS regarding Black Diamond.

• 9 February - attended Collie Art Gallery and made brief speech regarding restoration of Claude Hotchin art collection.

• 13 February - along with Mr Klem travelled to Perth to meet with Department of Regional Development officers regarding Collie Motorplex funding.

Cr King

• Requesting nominations from another Councillor to sit on the LEMC committee as he is no longer able to attend meetings.

Cr Scoffern

• Griffin workers will be returning to work tomorrow.

19. STATUS REPORT ON COUNCIL RESOLUTIONS Summary reports on the status of Council’s resolutions are;

▪ ‘Closed Since Last Meeting’ at Appendix 9 ▪ ‘All Open’ at Appendix 10

Mr Bolt from the Collie Mail left Chambers at 9.44pm.

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20. CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC 20.1 – Alliance Housing WA Charitable Housing Rating Exemption

7716

Moved: Cr Faries Seconded: Cr Miffling That Council move into Committee.

CARRIED 9/0

Mr Dover left the room at 9.49pm and returned at 9.52pm.

7717

Officer’s Recommendation/Council Decision: Moved: Cr Harverson Seconded: Cr King That Council, by ABSOLUTE MAJORITY approve the request to grant charitable status rating exemption to the properties A5833 and A5833 owned by Alliance Housing for the 2016/17 and 2017/18 financial years.

CARRIED 9/0

7718

Moved: Cr Faries Seconded: Cr King That Council move out of Committee.

CARRIED 9/0

21. CLOSE The Shire President thanked Council and Staff for their attendance. The Presiding Member declared the meeting closed 10.10pm. I certify that these Minutes were confirmed at the Ordinary Meeting of Council held on Tuesday, 6 March 2018. ………………………………….. ………………………… Presiding Member Date

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