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Ordinary Council MINUTES FOR THE MEETING HELD WEDNESDAY, 24 APRIL 2013 IN COUNCIL CHAMBERS, WALLCLIFFE ROAD, MARGARET RIVER COMMENCING AT 5.30PM

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Page 1: Ordinary Council - Shire of Augusta-Margaret River · 2013-10-23 · shire of augusta-margaret river ordinary council meeting minutes: 24 april 2013 3 table of contents agenda subject

Ordinary Council

MINUTES

FOR THE MEETING HELD WEDNESDAY, 24 APRIL 2013

IN COUNCIL CHAMBERS, WALLCLIFFE ROAD, MARGARET RIVER

COMMENCING AT 5.30PM

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SHIRE OF AUGUSTA-MARGARET RIVER ORDINARY COUNCIL MEETING MINUTES: 24 April 2013

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ATTENTION/DISCLAIMER

This agenda has yet to be dealt with by the Council. The Recommendations shown at the foot of each item have yet to be considered by the Council and are not to be interpreted as being the position of the Council. The minutes of the meeting held to discuss this agenda should be read to ascertain the decision of the Council.

In certain circumstances members of the public are not entitled to inspect material, which in the opinion of the Chief Executive Officer is confidential, and relates to a meeting or a part of a meeting that is likely to be closed to members of the public.

No responsibility whatsoever is implied or accepted by the Shire of Augusta-Margaret River for any act, omission, statement or intimation occurring during Council or Committee meetings.

The Shire of Augusta-Margaret River disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement of intimation occurring during Council or Committee meetings.

Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk.

In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or Officer of the Shire of Augusta-Margaret River during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Augusta-Margaret River.

The Shire of Augusta-Margaret River advises that anyone who has any application lodged with the Shire of Augusta-Margaret River must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application and any conditions attaching to the decision made by the Shire of Augusta-Margaret River in respect of the application.

The Shire of Augusta-Margaret River advises that any plans or documents contained within this agenda may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction. It should be noted that Copyright owners are entitled to take legal action against any persons who infringe their copyright. A reproduction of material that is protected by copyright may represent a copyright infringement.

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SHIRE OF AUGUSTA-MARGARET RIVER ORDINARY COUNCIL MEETING MINUTES: 24 April 2013

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TABLE OF CONTENTS

AGENDA SUBJECT PAGE NO.

LISTING

1.0 DECLARATION OF OPENING 4

2.0 DISCLAIMER 4

3.0 ATTENDANCE 4 3.1 Apologies – Mr Gary Evershed 4 3.2 Approved Leave of Absence 4

4.0 DISCLOSURES OF INTEREST 4 4.1 Lot 118 Orchid Ramble, Margaret River - In-Principle Scheme Amendment and

Structure Plan – Cr Neville Veitch 4

5.0 PUBLIC QUESTIONS 5 5.1 Responses to Public Questions Taken on Notice 5

5.2 Public Question Time 5

6.0 APPLICATIONS FOR LEAVE OF ABSENCE 5

7.0 CONFIRMATION OF MINUTES 5 7.1 Ordinary Council Meeting held 27 March 2013 5

8.0 DEPUTATIONS 5 8.1 Item 12.2.1 Lot 118 Orchid Ramble, Margaret River – In-Principle Scheme

Amendment and Structure Plan – Mr Richard Pawluk 5

12.0 REPORTS OF COMMITTEES AND EMPLOYEE REPORTS 7

12.1 Chief Executive Officer 9 12.1.1 Notes of Councillor Information Briefings 10 October 2012 – 10 April 2013 9

12.2 Sustainable Development 14 12.2.1 Draft Interim Development Plan – Tallinup Augusta Airport (Lots 315 & 380

Reserve No. 29668) Hillview Road, Augusta 14 12.2.2 Proposed Adoption of Local Laws 20 12.2.3 Lot 118 Orchid Ramble, Margaret River - In-Principle Scheme Amendment and

Structure Plan 28

12.3 Infrastructure Services 40

12.4 Corporate and Community Services 42 12.4.1 List of Payments For March 2013 42 12.4.2 Financial Activity Statement Report – March 2013 44 12.4.3 Minutes of the Sports & Recreation Advisory Committee Meeting 3 April 2013 49

13.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 51

14.0 MOTIONS FOR CONSIDERATION AT THE NEXT MEETING 51

15.0 NEW BUSINESS OF AN URGENT NATURE 51 15.1 Members 51 15.2 CEO 51 15.2.1 Royalties for Regions Country Local Government Fund 2012-13 Individual

Allocation Financial Assistance Agreement 52

16.0 CONFIDENTIAL BUSINESS 54

17.0 CLOSURE OF MEETING 54

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Ordinary Council Meeting

Minutes of the Ordinary Council held on Wednesday, 24 April 2013 in Council Chambers, Wallcliffe Road, Margaret River commencing at 5.30pm

1.0 Declaration of Opening

The Chair welcomed all in attendance and declared the meeting open at 5:32pm.

2.0 Disclaimer

N/A

3.0 Attendance

Shire President : Cr Ray Colyer Leeuwin Ward Councillors : Cr Mike Smart Leeuwin Ward

Cr Ian Earl North Ward Cr Lyn Serventy North Ward Cr Neville Veitch Town Ward Cr John Bell Town Ward Cr Jenny McGregor North Ward

Acting Chief Executive Officer : Mr Johan Louw Acting Director Sustainable Development : Mr Nick Logan Director Corporate and Community Services : Ms Annie Riordan Acting Manager Works : Mr David Nicholson Minute Secretary : Ms Zoe Cunningham MEMBERS OF THE PUBLIC 7

MEMBERS OF THE PRESS Augusta-Margaret River Times : Mr Warren Hately Augusta-Margaret River Mail : Ms Janine Beacham

3.1 Apologies

Mr Gary Evershed : Chief Executive Officer

3.2 Approved Leave of Absence

Nil

4.0 Disclosures of Interest

4.1 Lot 118 Orchid Ramble, Margaret River - In-Principle Scheme Amendment and Structure Plan – Cr Neville Veitch

Cr Veitch verbally declared, at the item, an impartiality interest as his brother is a landowner in what was formerly ‘Isaacs Ridge’

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5.0 Public Questions

5.1 Responses to Public Questions Taken on Notice

Nil

5.2 Public Question Time

Nil

6.0 Applications for Leave of Absence

Nil

7.0 Confirmation of Minutes

7.1 Ordinary Council Meeting held 27 March 2013

PROCEDURAL MOTION / COUNCIL DECISION

CR EARL, CR SMART OM1304/10 That the minutes of the Ordinary Council Meeting held 10 April 2013 are a true and correct record of the meeting.

CARRIED 7/0

8.0 Deputations

8.1 Item 12.2.1 Lot 118 Orchid Ramble, Margaret River – In-Principle Scheme Amendment and Structure Plan – Mr Richard Pawluk

Mr Richard Pawluk, of 22 King Albert Road, Trigg, addressed the meeting in relation to Item 12.2.3 Lot 118 Orchid Ramble, Margaret River – In-Principle Scheme Amendment and Structure Plan. A summary of his deputation is as follows: 1. OWNERS. Before the fire of November 2011, the owners at Isaac’s Ridge would only really meet

at AGMs. We are all very different but all of us loved the peace and tranquillity of our cottages at Isaac’s Ridge. Since the fire, we have bonded as a group and are unanimous in seeking a fair resolution to the unenviable situation that we find ourselves in. Most significantly, we are not developers seeking to optimise or maximise. As owners we just simply wish to rebuild what we had but for permanent residential use with opportunity for short stay use if Council was agreeable.

2. NEIGHBOURS. Various Isaac’s Ridge owners have spoken to various neighbours and all support our proposal. I have spoken to the neighbours opposite our driveway (who are affected by our traffic movement more than other neighbours) and they support our application. The neighbours would prefer for our lots to be for permanent occupation rather than having short stay cottages rebuilt and the associated holiday-maker nuisance. All neighbours want the prospect of a restaurant or reception centre eliminated because of the likely serious nuisance problems, particularly after hours and on weekends.

3. CREATION OF ISAAC’S RIDGE SITE. Councillors may not be aware of the history of this site.

The agenda report implies that we are seeking a high-density development inconsistent with the local area but does not provide an explanation of the context of our site. (Refer Figure 1 page 27 of the Agenda). Some 15 years ago the McLeod family (Leonie McLeod) sought to subdivide about 30 Ha of land in Wooditch Road and the Shire planners requested a cluster style subdivision. The approved subdivision is as shown in Figure 1, i.e. 17 lots of about 3500m

2 each,

the Isaac’s Ridge site of 2.2 Ha and the eastern lot 501 of 16.3 Ha. Rather than allow the entire landholding to be subdivided into conventional lots the Shire encouraged the approved subdivision which resulted in density being allocated to the Isaac’s Ridge site and the 16.3Ha parcel left as bushland in private ownership. This 16Ha is zoned “General Agriculture” and is addressed as Restricted Use 3 in the corresponding Schedule in the Scheme which states that the site cannot be developed, i.e. not even one dwelling. Nor can it be fenced or contain animals. Isaac’s Ridge was allocated a higher zoning for higher density use by the Shire as a trade-off for the 16 Ha of unusable land. Any reduction in density and intensity of use on the Isaac’s Ridge site might constitute a departure from an earlier Council agreement and result in the owner of lot 501 seeking development of that lot.

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4. APPROVED USE. (Refer Figure 2 page 28 of agenda). We have Council approval for 10 short

stay cottages on 10 existing strata lots, a reception office on its own lot and a restaurant or reception centre with a manager’s residence, also on its own lot. There are 12 individually owned lots. All owners own the balance of title which is the 13

th lot, i.e. common land.

5. CHANGE OF USE HISTORY. In late 2007, the owners unanimously voted to seek to convert the

zoning to allow permanent occupation of the cottages. A submission was lodged by Marc Halsall on our behalf in early 2008 during the advertising of the new TPS, however we were unsuccessful. At our AGM on October 26 2011 we again unanimously voted to seek rezoning to allow permanent residential use and the next day I met with Geoff Broad and Nick Logan at 9am and conveyed this decision. Marc Halsall was again appointed to prepare the application. Four weeks later the fire destroyed Isaac’s Ridge. This is the application you are considering tonight.

Had there not been a fire, you would have been considering converting short stay use to permanent residential se and everything would have looked essentially just the same. And the office would convert to a house and two houses would be built where the restaurant and manager’s residence were proposed. Not only did the fire destroy the cottages and the business but it has caused us unbelievable anxiety, confusion and frustration. And on top of this, at a time when the Shire has shown great leadership and compassion in assisting people after the fire, planning officers are considering penalising us by reducing our approved 13 lots, as encouraged and approved by the Shire originally, to “5 to 7 lots maximum.” This is unfair and unjust.

6. VALUATION CONSIDERATIONS. In the last sentence in the agenda report the officers say that the offer of 5 to 7 Green Title lots represents “a considerable financial benefit” to the owners. We agree that Green Title lots would be worth more than the approval we are seeking, but we are not developers seeking to make profit. We are a group of owners seeking to replace what we had but with different zoning which allows for permanent living with opportunity for short stay. Isaac’s Ridge was always special to all owners – we had cosy cottages in the most beautiful and peaceful setting, with strata company managed gardens always at their presentation best, and people like my wife and I will keep our cottage for as long as we can. We do not want a conventional 3500m

2

lot. We want a small strata lot in a small complex.

7. ACCOMMODATION FOR INDEPENDENT RETIREES. Assuming our application is approved, my wife and I, and other owners, will retain our properties for as long as we are independent. There is a shortage of accommodation in the Shire for retirees and a small strata lot arrangement within a managed complex would be very attractive to independent local residents looking to downsize. It is likely the converted office and restaurant site lots will go some way to satisfying that market. The intention is to maintain the Isaac’s Ridge name and same level of meticulous maintenance and gardening prior to the fire. The subdivision of the site into conventional 3500m

2 lots would not

be attractive to retirees or those planning to retire.

8. OUR PROPOSAL. (Refer to attachment 143 of agenda). Very little changes on the site. We are simply seeking permanent residential use of the 10 cottage lots, the existing office and the restaurant site. The owners of the 1920m2 restaurant site are seeking two residential lots in lieu of the restaurant/reception centre/manager’s residence approval which is consistent with their strata title unit entitlement and represents an improvement to the amenity of the locality and particularly to adjacent neighbours. All internal existing infrastructure and roads remain unchanged. There will be no detrimental impact on neighbours. An ideal opportunity exists for a second road for fire safety at the northern end of the property in a location with suitable sight lines.

9. SUMMARY. The Council approval for Isaac’s Ridge some ten years ago allowed the creation of

the 13 lots we currently have. The site was created as a result of Shire initiated cluster subdivision some 15 years ago which deliberately applied higher density and higher intensity development on our site and no development on a related 16 Ha site, i.e. lot 501. Allowing 13 permanent residential lots on the Isaac’s Ridge site, in the same strata format, represents the best outcome for the owners and neighbours who prefer permanent residents to transient holiday makers and absolutely want the prospect of a restaurant or reception centre eliminated permanently. Additionally, permanent residents will foster greater community interaction with neighbours and contribute to the community. Approving 13 permanent strata lots is also consistent with the long standing arrangements made by the Shire with the previous subdivider and the approvals issued by the shire in the past. Most significantly, changes on site will be negligible and will generally not be seen from the road or neighbours houses.

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The fourth paragraph on page 33 of the agenda report considers our proposal does have some advantages particularly in regards to the strata management arrangement. I quote:

These (advantages) include providing for integrated management of the common property which has advantages for reduction of fire risk, greater flexibility in design, and use and retention of the internal access road. Such an approach would also assist the facilitation of future tourist use of the site on an integrated basis, if there was demand for and undertaking this, through the potential for dual use of dwellings. Basic arrangements for this could be established in modified strata scheme bylaws.

Survey strata lots have inbuilt controls which ensure efficient management of the entire property. The existing structure is intended to be maintained to ensure the management of the whole property is as good as it was prior to the fire. We respectfully request your support for our proposal.

The Chair called for questions and thanked Mr Pawluk for his presentation.

12.0 Reports of Committees and Employee Reports

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12.1

Chief Executive Officer

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12.1 Chief Executive Officer

12.1.1 NOTES OF COUNCILLOR INFORMATION BRIEFINGS 10 OCTOBER 2012 – 10 APRIL 2013

LOCATION/ADDRESS AMRSC APPLICANT/LANDOWNER NA FILE REFERENCE COR/221 REPORT AUTHOR Megan Smith, Executive Assistant AUTHORISING OFFICER Annie Riordan, Acting Chief Executive Officer

IN BRIEF

Council conducts bi-monthly Councillor Briefing Sessions which are run under strict guidelines in compliance with DLG Guidelines.

Council’s policy for the conduct of the Councillor Information Briefing Sessions provides for the proceedings of the briefings to be brought to Council and for wider community awareness as a public record in the form of notes as an additional accountability mechanism.

Notes of recent Cr Briefing sessions are presented to be received by Council in accordance with Council’s adopted policy.

RECOMMENDATION That Council receives the notes on the Councillor Information Briefings for 10 October 2012 – 10 April 2013

BACKGROUND The purpose of Councillor Information Briefing and Workshops Sessions is to:

1. Provide relevant information so that Councillors are better informed when participating in Council decision making processes.

2. Provide a forum for two-way communication between elected members and key staff

members on important Council related matters.

Information briefings and workshops sessions are centred on one or more of the following outcomes which can be classified under the DLG Guidelines for Councillor Forums as either a Concept or an Agenda Forum: Concept Forums

capacity building and up skilling of Councillors

of governance processes and effectiveness

a statement of principles on key issues

guidance to the CEO on further avenues of research

compiling a list of critical issues affecting the Shire

the brainstorming of ideas

policy development and direction (but not adoption)

strategic planning and ongoing discussion of the Shire’s strategic direction

breaking down of complex issues scheduled to come before Council in the medium to longer term

Agenda Forums

clarification of items on the Council agenda

requests for additional information on items on the Council agenda to ensure equity of information to all Councillors.

confidential discussion of items which are on the agenda and which will be discussed with members of the public excluded

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Briefing Sessions are not open to the public as the overwhelming majority of items are of a concept forum nature whereby a free flowing exchange of creative thoughts and ideas and brainstorming is encouraged particularly for longer term strategic planning purposes. Additionally items of a confidential nature or complex items which need to be broken down before being tabled for Council are discussed in this forum. This is consistent with the DLG Guidelines.

Agenda items are only discussed where they are of a confidential nature and therefore closed to the public or in special circumstances such as where elected members are presenting or seeking additional information and explanations from staff particularly where it is likely to lead to the non-adoption or significant variation of the officer recommendation and it has not been possible to convey that information earlier. This is consistent with the DLG Guidelines.

CONSULTATION AND ADVICE The Local Government Operational Guidelines Number 5 Council Forums have been considered and adapted for use in the AMRSC setting. DISCUSSION/ OFFICER COMMENTS The following are the informal notes of the Councillor Information Briefings recently held as recommended by Council’s adopted policy which is consistent with the DLG Guidelines. Notes of Councillor Information Briefings 10 October 2012 – 10 April 2013 No briefings given Date: 14 November – Councillor Briefings Council Chambers Attendance: Crs Smart, Earl, McGregor, Veitch, Bell, Colyer, CEO, DCCS, Acting DIS, Acting DSD, Acting Manager Planning Services, Minutes Secretary Recovery Update and 2012-2014 Fire Season Preparation The Manager of Community Development and Safety provided an information session to Councillors covering the bush fire recovery process, including the anniversary event, preparedness status and plans, and the issue of illegal camping for the coming season. Fast Food Outlet Application Woolworths Townview Terrace The Acting Director of Sustainable Development provided Council with a briefing relating to the Fast Food application for a 121 seat outlet at the Woolworths Townview Terrace site Cape to Cape Annual Report and Conservation Action Plan Caroline Hughes (Co-ordinator), Rod Sherwood (Chairman) and Drew McKenzie (Biodiversity Officer) of the Cape to Cape Catchment Group briefed Council on their annual report and also gave Council information on the implications of the Cape to Cape’s Conservation Action Plan. Date: 28 November – Councillor Briefings Council Chambers Attendance: Crs McGregor, Earl, Bell, Colyer, CEO, DCCS, Acting DIS, Acting DSD, Acting Manager of Planning Services, Marketing and Events officer, Minutes Secretary Capes Enhanced Service Delivery Danny Mosconi, District Officer, FESA, gave a briefing and update of progress of the Capes Enhanced Service Delivery. Date: 12 December - Councillor Briefings Council Chambers No briefings given – General Electors meeting held prior to Ordinary Meeting of Council Date: 23 January - Councillor Briefings Council Chambers Attendance: Crs McGregor, Veitch, Bell, Earl, Smart, Serventy, CEO, DIS, DCCS, Acting DSD, Acting Director of Sustainable Development, Acting Manager of Planning Services, Minute Secretary Surfers Point Project Public Artworks The Margaret River Surfers Point Project Manager, Wayne Pragnell, gave an update on the Public Artwork submissions. Review of the Country Local Government Fund The CEO, Gary Evershed gave a review of the Country Local Government Fund.

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City of Busselton and AMRSC Coastal Facilities Study The Manager of Asset Services updated Council on the progress of the Coastal Facilities Study, endorsed by CAPEROC as a priority for the Capes region. Date: 13 February - Councillor Briefings Council Chambers Attendance: Crs Earl, Smart, Serventy, Veitch, Bell, CEO, DCCS, DIS, Acting Manager of Planning Services, Minute Secretary Community Use - Kilcarnup to Gnoocardup Project Director of Infrastructure Services addressed Council on the project, facilitated by Greg Mair from DEC. Date: 27 February – Councillor Briefings Council Chambers No briefings given Date: 13 March - Councillor Briefings Augusta Council Chambers Attendance: Crs Earl, Smart, Serventy, McGregor, Veitch, Bell, CEO, Acting DCCS, DSD, DIS, Integrated Financial Planning Analyst, Marketing and Events Officer, Minute Secretary Sister City relationship Discussion of future directions for the partnership with Haining led by CEO Lot 62, Orchid Ramble – Request for ‘In-Principle’ Scheme Amendment Manager for Planning and Development addressed Council on the request. Beach Tourism Senior Environment Landcare Officer and representatives from Bond University briefed the Council on the Bond University study into the economic value of beaches in the Shire and their vulnerability to climate change. The aim of the study was to: • Identify the assets (natural & built) that provide coastal recreation services (values) • Estimate the economic values of beach assets for recreation and tourism in coastal regions. • Identify the extent to which these assets and values are threatened by climate change. • Develop evaluation tools and adaptation options for coastal communities that can be used to

inform policy development and decision-making. Key findings: • Beaches are critically important to 37% of residents’ decision to move to or stay in A-MR Shire,

54% say it is important. 91% state critically important or important in their decision to move or stay in the Shire.

• Economic modeling suggests A-MR beaches are associated with $28m - $40m p.a. of economic value to users.

Redgate Lime Pit Proposal Director of Infrastructure explained what the proposal involves in light of the recent publicity which has been generated. Date: 27 March - Councillor Briefings Council Chambers Attendance: Crs Colyer, Earl, Smart, Serventy, Veitch, Acting CEO, DIS, Manager Finance, Manager Environmental Health and Waste Services, Manager Planning and Development, Project Manager, Landcare Officer, Marketing and Events Officer, Minute Secretary Implementation of new Synergy Agenda and Minutes Module Council Minutes and Agenda Officer briefed Council on the implementation of the new Synergy Agenda and Minutes Module and the subsequent effect this will have on the style and format of Council and Committee Agenda and Minute documents.

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Deputation by David Hohnen David Hohnen addressed Council with regard to his private deputation. Kerbside Briefing and Recycling Tender Director of Sustainable Development gave Council a confidential briefing on the tender, facilitated by the Manager of Environmental Health and Waste Services Margaret River Farmers Markets Mr Ryan Walsh, Margaret River Regional Producers Association Chairperson gave Council a briefing on the issues facing the Margaret River Farmers Markets. Scheme Amendment and Structural Plan for Gracetown The Manager of Planning and Development addressed Council on the Scheme Amendment and Structure Plan for Gracetown, which should be released for public comment in April. One of the key issues required to be addressed when the amendment was initiated by Council was the analysis of the need for a second access road. A further and more detailed Councillor Briefing to introduce Landcorp and their consultant ‘Strategen’ to present the findings of the assessment into the need for a second access road to Gracetown, arising from the proposed Landcorp development, will be confirmed at a later date. Date: 10 April 2013 – Councillors Briefings, Council Chamber Attendance: Crs Colyer, Earl, Smart, Serventy, Veitch, Acting CEO, Director Sustainable Development, Director Infrastructure, Minute Secretary. Westbay Valley Subdivision – Works Undertaken and Future of Remaining Land Don Ellis provided information to Council regarding the Westbay Valley Subdivision covering the works undertaken and the future of the remaining land. Revisions to the Tourism Strategy The Sustainability Planning Officer updated Council about the revisions to the Tourism Strategy. He gave Councillors details of the Draft Strategy, the submissions/issues received during advertising, discussed major issues and outlined proposed changes to the draft. This pre-empted a report which will be going to Council in the near future. He also facilitated presentations by several submitters on the key tourism sites. Tourism Signage Strategy The Acting Manager of Asset Services facilitated a presentation by Tracey King of the City of Busselton, which covered the City of Busselton’s Tourism Signage Strategy. An overview of the consultation process was included. Old Settlement Director Infrastructure Services gave council an update on the progress of the Old Settlement redevelopment. STATUTORY ENVIRONMENT/LEGAL IMPLICATIONS Local Government Act 1995 VOTING REQUIREMENTS Simple majority RECOMMENDATION That Council receives the notes on the Councillor Information Briefings for 10 October 2012 – 10 April 2013 RECOMMENDATION / COUNCIL DECISION

CR EARL, CR BELL OM1304/11 That Council receives the notes on the Councillor Information Briefings for 10 October 2012 – 10 April 2013

CARRIED 7/0

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12.2

Sustainable Development

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12.2 Sustainable Development

12.2.1 DRAFT INTERIM DEVELOPMENT PLAN – TALLINUP AUGUSTA AIRPORT (Lots 315 & 380 RESERVE NO. 29668) HILLVIEW ROAD, AUGUSTA

LOCATION/ADDRESS Lots 315 & 380 Reserve No. 29668 Hillview Road, Augusta APPLICANT/LANDOWNER Shire of Augusta-Margaret River/Department of Regional

Development and Lands FILE REFERENCE TPT/12 REPORT AUTHOR Angela Satre – Senior Planner Sustainable Development CONTRIBUTING AUTHOR David Nicholson – Acting Manager Works AUTHORISING OFFICER Iliya Hastings – Director of Sustainable Development

IN BRIEF

Two planning applications were lodged in 2012 for development at the Tallinup Augusta Airport on Lot 315 and Lot 380 Reserve No. 29668 (the Reserve) Hillview Road Augusta. The applications highlighted demand for additional facilities and prompted investigation into the status of a management plan for the Reserve.

Preparation of a management plan for the Reserve commenced in June 2000 but was not completed at that time.

The Shire commissioned a professional civil aviation consultant to prepare an Interim Development Plan to guide the development of the Reserve in the short to medium term, and specifically, to allow informed determination of development applications for hangars that are before the Shire.

The Draft Interim Development Plan has been completed and is presented to Council for adoption for advertising.

A long term Development Plan will be prepared following final adoption of the Draft Interim Development Plan.

RECOMMENDATION That Council adopts the Draft Interim Development Plan, shown as Attachment 1, for the Tallinup Augusta Airstrip at Lot 315 and Lot 380 Reserve 29668 Hillview Road, Augusta for the purposes of advertising for public comment for a period of 28 days.

TABLED ITEMS Nil BACKGROUND The Augusta Aero Club (Aero Club) was formed in 1969 and the need for a local air strip was envisaged. The Aero Club approached the Local Member of Parliament and was successful in having the Crown Land situated to the west of the Augusta town site vested with the Shire for the purpose of ‘Aerial Landing Ground’. Early in 1971, the Aero Club undertook clearing of approximately 40 acres (160,000m²) of land for the new airstrip and built a runway 1,140m long by 60m wide. In 1972 the Aero Club constructed a hangar and shed adjacent to the runway. In accordance with the Department of Transport specification, and to comply with night flying operations for the Royal Flying Doctors Service (RFDS), in 1979 the total strip width was increased to 90m and all trees were cleared to ground level 15m either side. In 2000 preparation of a management plan for the Reserve ceased after it became apparent that much of the infrastructure was not within the Reserve but rather in the adjoining Unallocated Crown Land (UCL).

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In 2001 it was confirmed by survey that existing infrastructure was located outside the Reserve. The Shire then formally requested the Department of Land Administration to enlarge the Reserve as a means of resolving the encroachment. This was a lengthy process that involved closure of a portion of road reserve and clearances from or consultation with numerous service authorities and State Government agencies. After completion of relevant processes in accordance with the Land Administration Act 1997 (closure of the unconstructed public road, advice to and indemnifying the Department of Planning and a review of hangar lease arrangements), Notice of Intention to Take the Reserve was issued in 2007 over 48.8ha of adjoining UCL which was amalgamated into the Reserve. As part of this process, and as an outcome of liaison with the Native Title Claimants (South West Boojarah Working Party), Council was advised in 2010 that the Native Title Claimants did not object to the changes to the UCL subject to the Reserve being named the “Tallinup Augusta Airport”. In 2010 Council resolved to;

Support the resolution from the South West Boojarah Working Party to name the Reserve, “Tallinup Augusta Airport” in recognition of the traditional owners of the country and a sign erected to reflect this.

The Shire invited members of the South West Aboriginal Land and Sea Council (SWALSC) and the South West Boojarah Working Party to partake in a formal naming ceremony at a mutually acceptable time.

Inform the Geographical Names Committee of Council’s decision. Council has written to the SWALSC and South West Boojarah Working Party on several occasions and without success to have the plaque installed and the naming ceremony held. In May 2011, upon completion of the Notice of Intention to Take, a Management Order to the Shire was issued by the Department of Regional Development and Lands with the following conditions:

The Reserve to be used for the designated purpose of “Aerial Landing Ground” only.

The Management Body must ensure that all provisions of the Aboriginal Heritage Act 1975 are complied with.

The Management Body, in considering any obligations it may have under the Aboriginal Heritage Act 1972, shall liaise with any determined Native Title Holder or Registered Native Title Party (or their representatives) for the land.

Power to lease for the designated purpose (or sub-lease or licence) is granted for the whole or any portion thereof for any term not exceeding 21 years.

In 2012 two planning applications were lodged for replacement of an office building and construction of an additional private aircraft hangar. Both applications are on hold pending adoption of an Interim Development Plan to guide development of the Reserve. In March 2013 the Draft Interim Development Plan was completed by Aerodrome Design Pty Ltd and in accordance with the terms of the Management Order was presented to the SWALSC and the South West Boojarah Working Party. The Draft Interim Development Plan is now presented to Council for adoption for advertising. SITE AND SURROUNDS The Reserve is a C class reserve, zoned Public Purpose Aerodrome, approximately 1399ha in size, predominantly vegetated, in the ownership of the Department of Regional Development and Lands (DRDL), and vested in the Shire of Augusta-Margaret River via a Management Order. The Reserve exists on two lots displayed in Figure 1.

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Figure 1: Reserve Location Plan

The Reserve is developed with a 90m runway strip, lighting, apron and taxiway; unsealed car park; a toilet block; perimeter fencing; unconstructed overflow aircraft parking; RFDS transfer station; two small sheds for equipment and fuel; refuelling station; helipad; a privately leased office building; and the Aero Club hangar in addition to two privately leased hangars, adjoining hardstand, rainwater tanks and effluent disposal systems. The Reserve infrastructure is identified in Figure 2.

Figure 2: Reserve Infrastructure

THE PROPOSAL The Shire engaged an aerodrome planning consultant (Aerodrome Design Pty Ltd) to prepare the first stage of a Development Plan (a simple layout plan showing some future hangar locations) with regard to Civil Aviation Safety Authority (CASA) requirements.

ATTACHMENT 1 Draft Interim Development Plan The Draft Interim Development Plan (the Draft Plan) has been prepared in the first instance as a plan for the future development of the Reserve. The Draft Plan has also been prepared in response to demand for hangars and an office building. The Draft Plan accommodates single and twin engine aircraft less than 5700g with a wingspan less than 15m with regard for larger aircraft such as those up to 16.23m wingspan classified as Code 1B. The Draft Plan provides a review of the current building layout with intention to move toward providing suitable locations for new facilities including three

Toilet Block

Private Aircraft Hangars

Office

Building

RFDS Transfer Station

Aero

Club Hangar Helipad &

Refuelling Station

Perimeter Fence

Overflow Aircraft Parking

Access Road

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hangars and additional apron to be developed and accessed by the developer of the most southerly hangar. Long Term Management Plan The Draft Interim Development Plan depicts the layout of future development for the Reserve for a 5 year period to 2018. Following adoption of an interim plan the consultant will prepare a long term development plan. This will provide for development needs beyond 2018. This long term plan may require realignment of the access road to accommodate additional hangars and relocation of the fence and possibly the toilet facilities. The Reserve is neither certified nor registered by CASA, it is simply classified as an Aeroplane Landing Area (ALA). It would be advantageous for the Reserve to have the capacity to be classified as a registered aerodrome to accommodate instrument approaches often requested by the RFDS amongst other users. It is also considered prudent to plan for conformity with the higher standard prescribed in the CASA Manual of Standards Part 139 – Aerodromes (MOS 139) which describes standards for certified and registered aerodromes. While this option would involve considerable expense, the cost and benefits involved are recommended to be investigated as part of a long term development plan for the Reserve. PLANNING FRAMEWORK Local Planning Strategy The Draft Interim Development Plan is consistent with the Visual Management Area ‘C’ classification in the Local Planning Strategy (LPS). Augusta Town Site Strategy A plan for the future development of the Reserve and the outcomes of implementing the Draft Interim Development Plan are consistent with the vision for Augusta which is in part:

‘…to harness the unique natural identity of Augusta as a coastal settlement, by promoting and raising awareness of the scenic qualities and sensitivities within the town site. A range of recreational, eco-tourism, commercial/retail development opportunities…should be encouraged throughout the townsite…’

The outcomes of the Draft Interim Development Plan are also consistent with the strategy for activities and uses in the Augusta town site which is:

‘…The provision of places for a range of recreational activities and facilities that will accommodate structured and unstructured activities should be encouraged…’

CONSULTATION Whilst the Reserve is now vested with the Shire, the Management Order requires consultation with the Native Title Claimants. The Draft Interim Development Plan was presented to the meeting of the SWALSC on 12 February 2013 and the South West Boojarah Working Party Meeting on 13 March 2013. The outcome of these meetings is:

‘…that there was no objection in relation to the two proposed hangar sites that had been cleared of vegetation and gravelled some time ago. In relation to the third site which was still partially under native vegetation and the further clearing of native vegetation to realign the adjacent roadway however, the WP was of the view that no works should be commenced until a heritage survey had been carried out…’.

ATTACHMENT 1 Following any Council resolution to adopt the Draft Interim Development Plan for advertising, the plan will be advertised in accordance with clause 9.4 of LPS1 and stakeholders will be directly notified and provided with an opportunity to comment. The comments received will be considered and the outcomes reported back to Council. The implications of the SWALSC and the South West Boojarah Working Party comments will also be addressed as part of any formal advertising period for the Draft Interim Development Plan and will be reported back to Council.

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PLANNING ASSESSMENT Local Planning Scheme No. 1 Local Planning Scheme No. 1 (LPS1) gives limited guidance about the appropriate use and development of Local Reserves. Clause 3.4 simply specifies that the use or development of a Local Reserve must first be granted planning approval with due regard to the Matters to be Considered under clause 10.2 and the ultimate purpose intended for the Local Reserve. The Draft Interim Development Plan demonstrates consistency with the Reserve purpose and is acceptable with regard to the Matters to be Considered under clause 10.2. Draft Interim Development Plan The Draft Interim Development Plan does not deal with the use or development of the runway or aircraft landing infrastructure. The Draft Plan seeks to address the issue of inadequate hangar space by demonstrating potential sites for two additional hangars that would not require major modifications to existing infrastructure. A third hangar site is identified on the Draft Plan directly east of the helipad which would require some clearing of vegetation, relocation of the access road and development of a ‘Future Apron’. The additional hangar sites have been identified within the constraints of developable and largely cleared land that is in proximity to existing facilities. The Draft Plan identifies suitable hangar sites that:

Will not have an adverse impact to the safe and effective functioning of the Reserve as an Aerial Landing Ground.

Will not adversely impact, interfere with or potentially disrupt existing aircraft services including those of the RFDS and emergency services.

Are located most appropriately given site constraints and CASA requirements.

Would not involve significant clearing of vegetation.

Have the potential to be developed without significant additional infrastructure such as taxiways. Adoption of an Interim Development Plan would ultimately provide a planning framework for the approval of current and anticipated planning applications for development of three additional hangars likely to be used for private aircraft. The Draft Interim Development Plan also identifies two existing hangars setback approximately 60m from the centre of the runway and which open eastward. These hangars were developed in the 1970’s and positioned in response to prevailing weather conditions. There is concern that their location would infringe on the Transitional Obstacle Limitation Surface in the event the runway was classified as “Code 1 Non-precision approach” or a registered aerodrome in accordance with MOS 139. In this case, a specific request would need to be made to CASA for the existing hangars to be accepted in their position. This matter is however recommended to be addressed in any long term development plan. It is recommended that the Draft Interim Development Plan is adopted for the purposes of advertising for 28 days, any comments received considered, the plan modified as necessary and the matter reported back to Council. Lease Areas All hangar sites and existing office buildings are leased and rented to successful tenders. Upon adoption of any Interim Development Plan existing leases will be redrafted and the terms of any future lease agreements finalised in anticipation of development of hangar sites and associated infrastructure. FINANCIAL IMPLICATIONS There are no direct financial implications to Council arising from adoption of the Draft Interim Development Plan. Funds for the preparation of the Draft Interim Development Plan have been sourced from the existing budget. The cost of developing the additional hangars shown on the plan would be borne by the individuals that would seek to occupy the hangars which would then become the property of the Shire. The preparation of the Draft Interim Development Plan and the further refinement of this plan into a long term development plan are funded through existing budget allocations.

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CONCLUSION The Draft Interim Development Plan was prepared in response to growing demand for hangar space at the Reserve and would accommodate development in the medium term to approximately 2018. Importantly the plan was prepared by a suitably qualified professional and provides a framework for the development of the Reserve with regard to CASA safety standards, its existing use, capacity, and demand. By adopting the Draft Interim Development Plan for the purposes of advertising, the Shire would then liaise with relevant stakeholders and government agencies to determine the suitability of the plan and prepare it for final adoption. The Draft Interim Development Plan would not provide a framework for long term development of the Reserve. A long term development plan will be prepared following adoption of the Draft Interim Development Plan. SUSTAINABILITY IMPLICATIONS Economic Implementation of the Draft Interim Development Plan has the potential to foster economic growth by providing essential facilities and a point of interest for visitors. Environment Some additional clearing of native vegetation may be required in the long term, subject to obtaining Department of Environment and Conservation clearing permits. Social Adoption of the Draft Interim Development Plan would facilitate a planning framework to determine planning applications and building permits for development of hangars on the Reserve and would ultimately provide employment opportunities in the construction works. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council adopts the Draft Interim Development Plan, shown as Attachment 1, for the Tallinup Augusta Airstrip at Lot 315 and Lot 380 Reserve 29668 Hillview Road, Augusta for the purposes of advertising for public comment for a period of 28 days. ATTACHMENT 1. Draft Interim Development Plan dated March 2013 RECOMMENDATION / COUNCIL DECISION

CR SMART, CR MCGREGOR OM1304/12 That Council adopts the Draft Interim Development Plan, shown as Attachment 1, for the Tallinup Augusta Airstrip at Lot 315 and Lot 380 Reserve 29668 Hillview Road, Augusta for the purposes of advertising for public comment for a period of 28 days.

CARRIED 7/0

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12.2.2 PROPOSED ADOPTION OF LOCAL LAWS

LOCATION/ADDRESS Shire wide APPLICANT/LANDOWNER Shire initiative FILE REFERENCE ENF/22 REPORT AUTHOR Moshe Phillips, Planning Legal and Land Assets Coordinator AUTHORISING OFFICER Iliya Hastings – Director of Sustainable Development

IN BRIEF

A process of reviewing and adopting local laws was commenced in 2009.

Council at the 20 January 2010 meeting adopted: a) Cemeteries Local Law 2010; b) Dogs Local Law 2010; and c) Activities in Thoroughfares and Public Places and Trading Local Law 2010.

It was intended that further review and adoption of local laws would be revisited

It is now necessary that new local laws, consistent with the WALGA Model Local Laws, be adopted in respect of: a) Parking b) Public places c) Cats d) Environment and Nuisance

An amendment is proposed to the Activities in Thoroughfares and Public Places Trading Local Law 2010 to allow more flexibility for proprietors to display A – Frame signs and for planting on verges to be closer to carriageways

It is further recommended that the Health Local Law 1999 be reviewed to ensure validity RECOMMENDATION 1. That the presiding person gives notice to the Council meeting of the purpose and effect of the

following local laws by reading attachment 6: 1. Parking and Parking Facilities Local Law 2013; 2. Local Government Property Local Law 2013; 3. Environment and Nuisance Local Law 2013; and 4. Activities in Thoroughfares and Public Places and Trading Amendment Local Law 2013.

2. That Council:

A. Gives public notice in accordance with section 3.12 of the Local Government Act 1995 of its intention to make: 1. Parking and Parking Facilities Local Law 2013; 2. Local Government Property Local Law 2013; 3. Environment and Nuisance Local Law 2013; and 4. Activities in Thoroughfares and Public Places and Trading Amendment Local Law 2013;

B. Gives public notice in accordance with section 3.16 of the Local Government Act that the Health Local Laws 1999 is proposed to be reviewed.

BACKGROUND Past local law review There is a statutory requirement for Local Governments to review local laws every 8 years: section 3.16, Local Government Act 1995 (LGA). Further to this, the publication of new WALGA model local laws (WALGA Models) instigated a review of the Shire’s local laws. A process was commenced in 2009 and a new suite of local laws were proposed to be introduced (2009 Laws) replacing nearly all the pre-existing local laws.

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From 16 September 2009 to 4 November 2009 the Shire advertised and invited public submissions on the proposed 2009 Laws, being: 1. Activities in Thoroughfares and Public Places and Trading Local Law 2. Dogs Local Law 3. Cemeteries Local Law 4. Keeping and Control of Cats Local Law 5. Parking and Parking Facilities Local Law 6. Pest Plants Local Law 7. Local Government Property Local Law 8. Extractive Industries Local Law 9. Environment and Nuisance Local Law This culminated in a report that Council considered as recorded in the 20 January 2010 Ordinary Council Meeting Minutes (2010 Report). In light of submissions received the 2010 Report culminated in a resolution only adopting 1-3 of the 2009 Laws listed above. The remaining 2009 Laws 4-9 were to be revisited. Shire’s existing local laws As it stands the Shire currently has the following 9 existing local laws: 1. Standing Orders Local Law 2011 2. Cemeteries Local Law 2010 3. Dogs Local Law 2010 4. Activities in Thoroughfares and Public Places Trading Local Law 2010 5. Health Local Laws 1999 6. Reserves Wallcliffe (41545) 1998 7. Parks, Reserves and Foreshores 1997 8. Parking Facilities Local Law 1997 9. Pest Plants 1992 Future local laws The Shire’s existing local laws (5-9) have not been reviewed in the last 8 years and it is imperative that they are either replaced or reviewed. The existing local laws 6-9 will be replaced if the proposed local laws are adopted negating the need for their review. CONSULTATION AND ADVICE The Shire received advice from the Department of Local Government (DLG) on the format and content of the local laws. WALGA had assisted with tailoring the WALGA Models into the local laws now proposed. The responsible officer at the City of Busselton has been consulted as to their experience in adopting the same WALGA Models. There has also been internal consultation amongst the relevant Directorates and Business Units at the Shire The LGA requires the Shire to advertise its intention to make new local laws in the state and local newspapers for 6 weeks. It is proposed that the new local laws are also advertised to relevant state agencies and other stakeholders by mail within the 6 week advertising period. OFFICER COMMENT The objectives of reviewing the Shire’s existing local laws and now proposed adoption of new local laws is to:

Identify issues affecting the Shire’s good governance and establish a contemporary approach to managing those issues including the upgrading of offence provisions and penalties;

Avoid laws that would duplicate provisions already in place including those matters already regulated under the Shire’s Local Planning Scheme No.1.

Amalgamate current complementary local laws to reduce total number in the Shire’s suite of local laws; and

Use plain English to assist the public and Shire officers to more easily understand and apply the local laws.

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The WALGA Models were identified as achieving the objectives of the review. Accordingly, the recommended local laws are all based on the WALGA Models. A small number of modifications to the WALGA Models have been made to better suit the Shire’s circumstances. A strong incentive in using the WALGA Models is that they are drafted to DLG standards and the relevant parliamentary committee’s satisfaction, which reduces the likelihood of any hurdles and delays in the process of gazetting local laws. Local laws to be repealed/superseded The following existing local laws are proposed to be repealed as their intent and effect is better accommodated by the proposed local laws: 1. Parking Facilities Local Law 1997 is to be replaced by the new Parking and Parking Facilities

Local Law 2013 2. By-laws Relating to Pest Plants 1992 have proved unnecessary so are recommended to be

repealed and not replaced 3. Local Law Relating to Parks, Reserves and Foreshores 1997 is to be replaced by the new Local

Government Property Local Law 2013 4. Local Law-Relating to Wallcliffe Reserve (Reserve 41545) 1998 is to also be replaced by the new

Local Government Property Local Law 2013

Proposed local laws It is recommended that the following local laws, all based on the WALGA Models, be adopted: 1. Parking and Parking Facilities Local Law 2013 2. Local Government Property Local Law 2013 3. Environment and Nuisance Local Law 2013 4. Activities in Thoroughfares and Public Places and Trading Amendment Local Law 2013 Pursuant to the 10 April 2013 Council decision, a report will be presented to Council on the merits of adopting an Extractive Industries local law. Local Government Property Local Law 2013 (LGP Local Law) The LGP Local Law’s purpose is to regulate the care, control and management of all property of the local government except thoroughfares (LGP) (thoroughfares are covered by the Activities in Thoroughfares and Public Places Trading Local Law 2010). The effect of this local law is to control the use of LGP. Some activities are permitted only under a permit or under a determination and some activities are restricted or prohibited. Offences are created for inappropriate behaviour. The LGP Local Law provides for governance of:

LGP including vested reserves

“otherwise unvested facility” as per section 53 of the LGA, including; a) Bridge b) Jetties c) Watercourse

Permits for activities/events on LGP

Prohibitions to apply to LGP

Behaviour on LGP

Saleyards The proposed LGP Local Law provides for the repeal of the following Shire local laws:

Local Law 1997 – Relating to Parks, Reserves and Foreshores

Local Law 1997 – Relating to Wallcliffe Reserve The LGP Local Law creates a more flexible framework for local governments to control LGP through specific determinations, particularly reserves. Determinations can be made by a Council decision without amending the local law and so are a much simpler process. However determinations are limited in their scope and must relate to certain matters prescribed in the local law. Schedule 2 of the LGP Local Law lists the proposed determinations These cover the following activities on LGP:

Taking, riding or driving a vehicle on the property or a particular class of vehicle;

Taking or using a boat, or a particular class of boat;

The playing or practice of golf, archery, pistol shooting or rifle shooting;

Waste; or

Traversing of sand dunes and land having environmental values waste.

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ATTACHMENT 1

Parking and Parking Facilities Local Law 2013 The purpose of the proposed Parking and Parking Facilities Local Law 2013 is to constitute a parking region, enable the local government to regulate the parking of vehicles within the parking region and provide for the management and operation of parking facilities occupied by the local government. The local law’s effect is that a person parking a vehicle within the parking region is to comply with the provisions of this local law. The local law is based on the WALGA Model and provides for orderly parking in the Shire. Its effect is largely consistent with the existing Parking Facilities Local Law 1997. The new local law provides a more coherent, user friendly format and improved detail. The modified penalties are listed in Schedule 2 and range from $35 to $55. The purpose of this local law is to:

Enable the local government to constitute a parking region;

Enable the local government to regulate the parking of vehicles within the parking region; and

Provide for the management and operation of parking facilities occupied by the local government. THE WALGA Model Parking and Parking Facilities Local Law contains modifications resulting from the Road Traffic Code 2000. Importantly it establishes a head of power for introducing timed and conditioned parking in Margaret River, though there are no plans to necessarily implement this within the 8 year period of the local law (i.e. prior to the next review).

ATTACHMENT 2 Environment and Nuisance Local Law 2013 The purpose of this local law is to make provision for the control of particular pollution and nuisance problems not covered by other written law. Its effect is to control nuisance caused by amusements, light, parking of livestock trucks, truck noise in residential areas, disposing of refrigerators and discharge of sediment into a watercourse. Council resolved on 9 July 2008 to investigate development of a local law for the management of sediment and other materials entering watercourses as a means of enforcing water quality protection in the Shire. This resolution followed from a pollution event at Darch Brook possibly caused by construction works at nearby subdivisions. There is an amendment to the WALGA Model to reflect the Council decision by making an offence for discharge of sediment (pollution) into a watercourse. The maximum penalty for the offence is $5000 with an additional penalty of $500 for each day that the offence continues. This is the maximum local law penalty permissible under the Local Government Act. The proposed Environment and Nuisance Local Law 2013 provides for repealing the By-laws Relating to Pest Plants 1992.

ATTACHMENT 3 Existing local law to be amended Activities in Thoroughfares and Public Places Trading Amendment Local Law 2013 The Activities in Thoroughfares and Public Places Trading Local Law 2010 was gazetted on 5 March 2010 and is largely consistent with the WALGA Model (Public Places Local Law). When proposed for adoption, the purpose of this local law was described as consolidating various local laws relating to activities in thoroughfares and trading in thoroughfares and public places. It regulates:

Which activities in public places are prohibited and which require a permit;

Temporary verge crossing for construction works;

Permissible verge treatments and maintenance of verge treatments;

Other matters such as assigning of property numbers, some fencing, signs

Signs on thoroughfares

Animals and shopping trolleys in thoroughfares

Flora Roads

Special Environmental Areas

Planting and Clearing Thoroughfares

Stallholders and Traders Permits

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This local law was amended as gazetted on 6 September 2011 with minor changes to provide better comprehension. A proposed further amendment was adopted by Council on 30 November 2011 to better expand the application of portable sign permits for businesses in thoroughfares. However, the DLG raised issues with the format of the amendment and it was not further pursued until now. In considering the compliance of signs under the Public Places Local Law it became apparent that the local law provisions did not allow the Shire to grant permits for signs on footpaths or within 3m from a carriageway. The reality of clauses 3.2(3)(a) and 3.2(3)(c) meant that many businesses in the Town Centres of Augusta, Karridale, Witchcliffe, Margaret River and Cowaramup would have been affected by the inability to display a portable advertising sign. These provisions are not appropriate within the Shire and Council resolved on 10 August 2011 to make the amendment local law to delete these clauses 3.2(3)(a) and 3.2(c). Gazettal of these amendments was held up by DLG due to a misunderstanding with DLG requirements. These deletions are again proposed to be adopted and thereby allow the Shire to grant permits to place advertising signs on the footpath or within 3m from the carriage way. It must be noted that all other aspects of the local law will remain in place and therefore conditions of such permits granted may require public liability insurance and Shire indemnity. It is further proposed that clause 2.1 is amended. It is proposed that prohibition from planting within 2m of a carriageway is reduced to 1m in subclause 2.1(c). This will further encourage planting on verges.

ATTACHMENT 4 Existing local law to review Health Local Laws 1999 The Shire’s Health Local Laws 1999 was gazetted on 12 June 2000 pursuant to the Health Act 1911. There has been an ongoing process for replacing the Health Act 1911 but due to the complexities involved it is unlikely to eventuate in the near future. WALGA has provided no updated model for a health local law, supposedly due to the intention for the proposed Health Act 2011 to supersede the current Act. In any event, the Health Local Laws 1999 is required to be reviewed immediately to ensure compliance with the review obligations: section 3.16(1) LGA.

ATTACHMENT 5 Existing local laws to be left unchanged Cemeteries Local Law 2010 The Cemeteries Local Law 2010 was gazetted on 5 March 2010 and is identical to the WALGA Model. It was amended by Council resolution which was gazetted on 6 September 2012. The purpose of this local law is to provide for the orderly management of the Shire’s public cemeteries in accordance with the established plans and to create offences for inappropriate behaviour within the cemetery grounds. This local law has been operating effectively and is administered by Ranger Services. The local law applies parallel to the Cemeteries Act 1986. It regulates such things as applications for funerals, materials of coffins and memorial plaques and the procedure for disposal of ashes. Ranger Services have stated that cemetery procedures require relatively low level of management as they are largely self-regulated by Funeral Directors. Dogs Local Law 2010 The Dogs Local Law 2010 was gazetted on 5 March 2010 and is largely consistent with the WALGA Model. The purpose of this local law is to make provision for the impounding of dogs, to control the number of dogs that can be kept on premises, the manner of keeping those dogs and to prescribe dog exercise areas. Ranger Services also administer the Dogs Local Law 2010. Standing Orders Local Law 2011 - (Meeting Procedures) The Standing Orders Local Law Local Law was gazetted on 28 July 2011 and is largely consistent with the WALGA Model for Council Meetings Local Law.

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WALGA model local laws not to be adopted Keeping and Control of Cats Local Law State Parliament passed the Cat Act 2011 (Cat Act), which received assent on 9 November 2011. The Cat Act objectives are to: 1. Encourage responsible cat ownership; 2. Reduce the number of unwanted cats being bred; 3. Allow for cats found in a public place or on private property to be seized; and 4. Allow for reuniting of lost cats with their owners. The Cat Act seeks to achieve these objectives through: 1. Compulsory identification through microchipping; 2. Compulsory registration; and 3. Compulsory sterilisation. The Cat Act comes into effect in two stages, phase 1 being 1 November 2012 and phase 2 being 1 November 2013. The first phase sets up the administration and framework for achieving the Cat Act objectives and by the second phase the obligations (as per points 1, 2 and 3 above) for cat owners become effective. The Shire has already established keeping an up-to-date register of cats, which is managed by the Ranger Services. For the most part, it is local governments that are responsible for the Cat Act’s application, including a role in: 1. The process for applying for cat registration; 2. The process for issuing cat permits; 3. Removing, impounding and destroying cats; and 4. Ensuring compliance with the Cat Act and any subsidiary Local Law. At this stage it is not recommended to adopt a cat local law based on the WALGA Model. The WALGA Model for a cat local law was drafted prior to the Cat Act and so does not properly reflect the current legislative framework. On advice from WALGA it is recommended that the Shire wait until later in the year to consider a cat local law as it is possible a standard model (ie: WALGA Model) may be prepared following the State election. In the interim, the Cat Act is sufficient in empowering local governments to apply its provisions. Wastes Local Law WALGA has notified the Shire that the WALGA Model for this local law is being substantially amended and any adoption of this local law should be delayed until after having the benefit of reviewing the amended version. Pest Plants Local Law There has not been a notable instance of a landholding accommodating pest plants beyond the scale evident on Shire property/reserves. The Shire’s existing By-laws Relating to Pest Plants 1992 only listed the Naturalised Pampas Grass (Cortaderia Selloana) and there is no record of this local law being invoked by the Shire against a land owner to act against that pest plant. This local law is to be repealed on adopting/gazetting the Environment and Nuisance Local Law 2013. STATUTORY ENVIRONMENT Making Local Laws Clause 3.12 of the Local Government Act prescribes the procedure for making local laws. The following steps must be undertaken: 1. The President is to give notice to the Council meeting of the proposed local laws, stating the

proposed local laws’ name, purpose and effect; 2. Statewide public notice including:

a) Stating the intention to make the proposed local law with a summary of its purpose and effect; b) Where a copy of the local law being reviewed can be obtained; and c) That submissions can be made by a deadline not less than 6 weeks from when the notice was

published; 3. Provide a copy of the proposed local law and notice to the Minister for Local Government and any

other Minister who administers an act under which the local law is being made; 4. Council is to consider any submissions made; 5. Make the local law so long as it is not significantly different from what was proposed; 6. Effect the local law through publishing it in the Government Gazette;

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7. Provide copies of the local law to responsible Ministers; and 8. After publishing the local law in the Government Gazette, there is to be local public notice

including: a) The local law’s title; b) The local law’s purpose and effect; and c) Where a copy of the local law can be inspected or obtained;

To comply with section 3.12 it is recommended that the presiding councillor read the purpose and effect of the proposed local laws as per attachment 6.

ATTACHMENT 6 Amending Local Laws The procedure for amending a local law is the same as making a local. A local law must be made to amend an existing local law. Reviewing Local Laws Clause 3.16 imposes an obligation on local governments to carry out a review of its local laws within every 8 year period from either when a local law commenced or report of review was accepted. The local government is to give Statewide public notice stating: 1. The undertaking of the review; 2. Where a copy of the local law being reviewed can be obtained; and 3. That submissions can be made by a deadline that is not less than 6 weeks from when the notice

was published. This process of reviewing local laws is proposed in respect of the only existing local law that is being retained and is more than 3 years old: the Health Local Law 1999. The WALGA Models have largely been drafted in response to amendments that have occurred over time to the overarching legislative framework by various State Governments. The WALGA Models better: 1. Reflect the legislative head of power (State Act) each local law is made under; and 2. Address the jurisdictional window the relevant head of power provides. FINANCIAL IMPLICATIONS Statewide and local advertising of the required local law notices. Publishing the local laws in the Government Gazette costs $93.50 per page. VOTING REQUIREMENTS Absolute Majority RECOMMENDATION 1. That the presiding person gives notice to the Council meeting of the purpose and effect of the

following local laws by reading attachment 6: 1. Parking and Parking Facilities Local Law 2013; 2. Local Government Property Local Law 2013; 3. Environment and Nuisance Local Law 2013; and 4. Activities in Thoroughfares and Public Places and Trading Amendment Local Law 2013.

2. That Council:

A. Gives public notice in accordance with section 3.12 of the Local Government Act 1995 of its intention to make: 1. Parking and Parking Facilities Local Law 2013; 2. Local Government Property Local Law 2013; 3. Environment and Nuisance Local Law 2013; and 4. Activities in Thoroughfares and Public Places and Trading Amendment Local Law 2013;

B. Gives public notice in accordance with section 3.16 of the Local Government Act that the Health Local Laws 1999 is proposed to be reviewed.

ATTACHMENTS 1. Local Government Property Local Law 2013 2. Parking and Parking Facilities Local Law 2013 3. Environment and Nuisance Local Law 2013 4. Activities in Thoroughfares and Public Places Trading Amendment Local Law 2013 5. Health Local Laws 1999 6. Presiding member’s presentation guide for local laws

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Cr Colyer then addressed the Council and gave notice for the purpose and effect of the following local laws by reading the following from attachment 6: The purpose of the Parking and Parking Facilities Local Law 2013 is to constitute a parking region, enable the local government to regulate the parking of vehicles within the parking region and provide for the management and operation of parking facilities occupied by the local government. The effect of the Parking and Parking Facilities Local Law 2013 is that a person parking a vehicle within the parking region is to comply with the provisions of this Local Law. The purpose of the Local Government Property Local Law 2013 is to regulate the care, control and management of all property of the local government except thoroughfares. The effect of the Local Government Property Local Law 2013 is to control the use of local government property. Some activities are permitted only under a permit or under a determination and some activities are restricted or prohibited. Offences are created for inappropriate behaviour in or on local government property. The purpose of the Environment and Nuisance Local Law 2013 is to make provision for the control of particular pollution and nuisance problems not covered by other written law. The effect of the Environment and Nuisance Local Law 2013 is to control nuisance caused by amusements, light, parking of livestock trucks, truck noise in residential areas, disposing of refrigerators and discharge of sediment into a watercourse. The purpose of the Activities in Thoroughfares and Public Places and Trading Amendment Local Law 2013 is to expand the Shire's discretion to grant permits for signs on thoroughfares and encourage planting on verges. The effect of the Activities in Thoroughfares and Public Places and Trading Amendment Local Law 2013 is to delete setbacks requirements for signs from carriageways and also delete setback requirements for plants from carriageways. The above wording of the confirmed minutes has been altered from the original, unconfirmed minutes. This decision (OM1305/1) was made by council at the Ordinary Council Meeting, held 8 May 2013, to accurately record the purpose and effect of the proposed local laws as read by Cr Colyer, at the Ordinary Council Meeting held 24 April 2013, and as required by regulation 3 of Local Government (Functions and General) Regulations 1996. RECOMMENDATION / COUNCIL DECISION

CR SERVENTY, CR EARL 0M1304/13 That Council:

A. Gives public notice in accordance with section 3.12 of the Local Government Act 1995 of its intention to make: 1. Parking and Parking Facilities Local Law 2013; 2. Local Government Property Local Law 2013; 3. Environment and Nuisance Local Law 2013; and 4. Activities in Thoroughfares and Public Places and Trading Amendment Local Law

2013; B. Gives public notice in accordance with section 3.16 of the Local Government Act that

the Health Local Laws 1999 is proposed to be reviewed. CARRIED 7/0

BY ABSOLUTE MAJORITY

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12.2.3 LOT 118 ORCHID RAMBLE, MARGARET RIVER - IN-PRINCIPLE SCHEME AMENDMENT AND STRUCTURE PLAN

LOCATION/ADDRESS Lot 118 (Strata lots 1-11, 13, 14 inclusive) Orchid Ramble / Wooditch

Road, Margaret River APPLICANT/ LANDOWNER Halsall & Associates/Various FILE REFERENCE P211465 REPORT AUTHOR Nick Logan – Manager of Planning and Development AUTHORISING OFFICER Iliya Hastings – Director of Sustainable Development

Cr Veitch verbally declared an impartiality interest in this item as his brother is a landowner in what was formerly ‘Isaacs Ridge’. Cr Veitch left Council Chambers at 5:57pm.

IN BRIEF

The Proposal seeks “In-Principle” support for an amendment and associated Structure Plan to provide for a permanent residential re-subdivision of the existing short stay strata titled lot into 13 strata title lots and associated common property.

The site is zoned “Chalet and Camping” and was previously developed with 10 chalets and an office. 9 of the chalets were destroyed in the 2011 fires.

The Council previously considered a submission on the advertising of LPS1 seeking that the land be designated for residential purposes, however, this was not supported.

The lot has an area of 2.24ha and the submitted Structure Plan proposes 13 lots generally equivalent to a residential density of R10.

The proposal for rezoning of the site from a tourist related zoning to provide for permanent residential use is on balance, and in consideration of the guidance provided in the Draft Local Tourism Planning Strategy, considered worthy of support.

The proposed structure plan density of 13 residential lots however is not considered consistent with the amenity, character or function of the area. It is considered that taking into account the location of the site, physical constraints and surrounding development a lot yield for permanent residential development in the vicinity of 5 – 7 lots maximum would be consistent with the maximum density intended for the Rural Residential areas of the Shire.

RECOMMENDATION That Council: 1. Provides “In Principle” support for a scheme amendment for Lot 118 Orchid Ramble to amend the

zoning from the “Chalet and Camping” zone to allow for permanent residential use, subject to a revised structure plan that provides for a maximum yield of between 5 and 7 lots while achieving retention of the amenity and character of the area and enabling adequate on-going fire protection to be implemented.

2. Advise the applicant that proposed subdivision/development of the land to provide for 14

permanent residential ‘lots’ is not supported on the following basis: a) The intensity of the development and density of subdivision is considered to be substantially

inconsistent with the established framework for rural residential subdivision and development as provided for in the Shires Local Planning Strategy, and the LNRSPP;

b) That the Structure Plan is inconsistent with the rural residential density of the surrounding area;

c) Future residential development will detrimentally impact on the amenity and character of the area; and

d) The proposal does not represent sound and proper planning of the locality by creating a high density residential enclave in a low density rural residential area

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TABLED ITEMS Request for In-Principle support BACKGROUND Lot 118 Orchid Ramble (‘the Site’), was created as part of a clustered development pursuant to an Amendment 97 to TPS No.11 in the late 1990’s. This amendment concentrated development along Wooditch Road in the form of this tourist node and a clustered rural residential cell to the south (17 lots), with the bulk of the land area retained in a 16ha landscape protection lot. A 15m wide ‘drainage and public recreation’ reserve for the purpose of landscape buffer and vegetation protection was also created along Wooditch Rd. The development yield achieved in the cluster was based on the potential of the overall original land parcel as per the planning framework at that time and the context of the land within the surrounding environment. The Site was subsequently developed with 10 chalets and an office. The site was then strata subdivided to create individual lots for the chalets and office, an additional ‘facilities’ lot and common property. Approval was issued for the development of a restaurant on the facilities lot but this approval has not been implemented. The applicant has advised that a number of discussions have been held with Shire Officers since 2007 on proposals for allowing permanent residential occupation as an additional use on the site. This followed consideration by the chalet owners of deteriorating returns on their investment. Initially this was based on a proposal for ‘over 55’s’ accommodation. Further progress on the matter was then delayed by the moratorium on rezoning associated with the progress and finalisation of Local Planning Scheme No.1 (LPS 1). A submission by the owners was then made in response to the advertising of LPS 1, however, the existing ‘Chalet and Camping’ zoning was retained. In October 2011 the strata owners again sought to progress the matter on the basis of an over 55’s development with the proposal including relinquishment of the existing approval for a restaurant in favour of an additional 3 residential dwellings/lots. In late 2011 the complex was essentially destroyed in the Margaret River bushfire with only one chalet surviving. The applicant has advised that the owners have received their insurance payments for loss of the buildings and at this time do not intend to rebuild until the issue of allowing permanent residential development is resolved. In September 2012, and following further discussion, a revised proposal was received requesting consideration for support in-principle to modify the zoning of the Site. This proposal was been based on the changed circumstances following the fire and recent decisions of the strata owners that their preferred outcome is a 14 lot green title subdivision for permanent residential use. In 2013, following assessment of these earlier proposals and reports prepared for Council and withdrawn from the agenda, a revised proposal was presented. SITE AND SURROUNDS The general location of the site is shown in Figure 1 below. Figure 2 provides a plan of the site showing the location of the individual strata lots. The site is approximately 2.24ha in area and is divided into 12 strata lots, consistent with existing development and approvals, and the balance common property. Lots 1 – 10 accommodated the tourist chalets and Lot 13 the office. Lot 11 has an approval for a restaurant development and is the site on which other additional uses as provided for under the current zoning (additional use A39) could be developed. This includes; eating house / reception centre (maximum seating capacity of 100), art and craft manufacturing (cottage industry), studio and sales. The remaining chalet on the site is located on strata lot 3. The site is accessed from Orchid Ramble, with the reserve strip fronting Wooditch Road preventing permanent legal access from this frontage. The common property lot is relatively well vegetated and an internal sealed road provides access to the strata lots.

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Figure 1: Location Plan To the west of the site is a rural residential development with an average lot size of approximately 1.5ha. To the south and south east the Site adjoins special residential development with an average lot size of 3550 m2. Development in this area is required to generally comply with the R2.5 residential code, although restricted use provisions require preservation of vegetation and other controls. The Site was created as part of this overall subdivision, which also established the Orchid Ramble special residential cluster. To the north and north east the site adjoins land zoned ‘General Agriculture’ with lots ranging from 7 to 25ha, with some of this land having rural residential development potential under the LPS and LNRSPP. The Site is zoned ‘Chalet and Camping’ under LPS1 and has an additional use provision (A39). This provides for the development of a maximum of 10 chalets or a 40 ‘guest’ guesthouse and restaurant / reception and associated facilities, and a caretakers dwelling. Any development is also required to comply with a number of conditions including, in summary:

The primary objective is to allow tourist uses which are subservient to the amenity and landscape quality of the area. The secondary objective is to ensure synergy between the tourist use and special residential use.

Development setbacks shall be 10 metres from the lot boundary adjacent to Wooditch Road, i.e. a 25m setback to the road reserve, and 15 metres from the lot boundary adjoining Orchid Ramble.

Any eating house or reception facility to have a maximum capacity of 100 seats. THE PROPOSAL The proposal has 2 primary components being:

The proposed rezoning of the site to provide for permanent residential use in conjunction with retaining the potential for dwellings to be used for short stay purposes (‘dual use’), and subject to this being achieved;

Retention of lots 1 through 10 inclusive and re-subdivision and redevelopment of the ‘facilities’ and ‘office’ lot (existing strata lots 11 and 13). Resubdivision of the ‘facilities lot’ (existing strata lot 11) is proposed to yield two lots of 960m² each, and the ‘office lot’ (existing strata lot 13) to be 252m². The Proposal would also require the unanimous support of the strata owners and it is advised by the applicant that this has been achieved. A potential connection to Wooditch Road in the north-west of the Site has also been identified. This proposal is shown on Attachment 1.

ATTACHMENT 1

The Site

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Figure 2. Site Plan

The application only seeks ‘in-principle’ consideration at this point to allow for discussion of detailed statutory mechanisms and preparation of supporting information if the proposal is supported. PLANNING FRAMEWORK Consideration of the Proposal is guided by the provisions of LPS1, the Local Planning Strategy (LPS), the LNRSPP, and various planning policies. The draft Local Tourism Strategy should also be given some weight in that it has been adopted by the Council for consultation, is referenced in the LPS and the proposal if realised would result in the loss of tourism potential on the site. Local Planning Scheme No. 1 (LPS1) The purpose of the Chalet and Camping zone is to establish various forms of low key tourist development having minimal impact on the amenity and landscape character of the land. This is supported by the objectives for the zone which are to provide for a high standard of low-impact tourist development which is sympathetic and integrated with the rural or natural attributes of the surrounding area. The area surrounding the subject lot is of a rural residential character and has a high level of natural amenity and landscape value associated particularly with the remnant vegetation and geographic location near the Margaret River and Leeuwin Naturaliste Ridge. Given this character and the objectives reflected in the existing zoning of the site, any future development should also be seeking to protect these values. Correspondingly future residential development should be of a rural residential / rural living character. LPS1 provides a purpose and objectives for the Rural Residential zone. These

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place a priority on confining further rural residential development to areas consistent with the LNRSPP, the protection of landscape and environmental values while achieving appropriate fire management and providing for a limited range of compatible uses where they will not impact on the general amenity, conservation and landscape values. The site is located within the area of existing rural residential development pursuant to the LNRSPP Land Use Strategy Plan. This further supports the position that any residential re-subdivision should be of a rural – residential character. Provisions for Rural Residential development under LPS1 are primarily designed to regulate the initial subdivision of suitably zoned land and control land use thereafter. These include general provisions under part 4.21 of LPS1, which require resubdivision to be preceded by the preparation of a Structure Plan, and address specific provisions in Schedule 11 for a particular area, where relevant. There are no Schedule 11 provisions that apply to the subject land. The intent of some of the general provisions are however relevant to the re-subdivision proposal and are identified below. LPS1 provides for a general minimum lot size of 3ha unless otherwise approved via a scheme amendment and Schedule 11 provision or plan. Other particular provisions relevant to the consideration of this proposal include those relating to building envelopes and setbacks which provide that where a specific building envelope has not been establish it shall be a square of 30m x 30m and setback a minimum of 30 m from front and rear boundaries and 10m from side boundaries. These provisions are relevant as they acknowledge the extent of development that occurs on rural – residential lots and mechanism used in retaining the rural amenity of such areas. The provisions also emphasise the need for appropriate planning so that bush fire risks can be managed in a manner consistent with the protection of the landscape and natural values of an area. Local Planning Strategy (LPS) The LPS acknowledges the importance of tourism as a contributor to the economy of the region and the need for the provision of a variety of tourism opportunities to ensure a sustainable and growing industry. The strategy also emphasises the need for tourism development to integrate with, rather than override, the existing character and amenity of an area. Of specific relevance to this proposal is policy 3.11.7 ‘Rezoning Land From Tourism’ which in summary provides that there should be a general presumption against zoning land away from tourism until completion of the Local Tourism Strategy or that the proposal addresses issues identified in the Tourism Planning Taskforce Report / any relevant state policy. The “Key Planning Issues and Policies” of the LPS for Rural Residential development provide guidance for the location and development of new rural residential areas. Amongst other issues the strategy identifies fire risks, particularly on highly vegetated properties, as a key issue along with protection of natural and landscape values. The LPS also provides some guidance on the closer more dense subdivision of rural residential lots down to a minimum of 1ha where landscape, amenity, environmental and other considerations are deemed to be acceptable. Draft Local Tourism Planning Strategy (August 2012) (Draft strategy). This draft strategy was developed consistent with the guidance provided by the Tourism Taskforce Report and associated State Planning Bulletin. In respect to proposals for re-zoning from tourism to an alternative zone the Draft strategy places a focus on ensuring that these are considered carefully particularly where this may lead to a loss of opportunities for quality development in the most appropriate tourism locations. The Draft strategy also provides that such proposals may only be supported where: 1. The site no longer has an existing or potential tourism function. 2. Development of surrounding land uses is no longer compatible with tourism. 3. There is a substantial and enduring change to the tourism market/demand situation. 4. Rezoning will not have an adverse impact on surrounding amenity. 5. It will not be a significant loss to the tourism market, i.e. not a key tourism site. While this document is still a draft as it has been adopted by the Council for public consultation and as such is required to be given consideration. The alternative is to deal with the application consistent with the LPS which would require the matter to be deferred pending the finalisation of the strategy.

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Leeuwin Naturaliste Ridge State Planning Policy (LNRSPP) The LNRSPP provides a statement of intent and a number of policies for tourism, rural residential development and settlement patterns more generally. These are generally focussed on the provision of a range of tourism opportunities that take advantage of the natural and agricultural attractions of the area and that they are located appropriately respective to their scale. No specific policies are provided to guide the rezoning of sites away from tourism, although the importance of tourism to the economy of the area is generally acknowledged as is the need to protect those cultural, landscape and environmental values that provide tourism opportunities. As noted above the site is located within the area identified in the strategy plan as designated for Rural Residential land use. Policy provisions of the LNRSPP related to Landscape, Nature Conservation and Settlement place a high priority on avoiding development in areas of high fire risk, reducing impact of fire management related clearing (PS 1.11 and PS2.6 /7), protecting landscape character (PS 3.1 – 3.8) and provide a general presumption against clearing of remnant vegetation (PS 2.2). The strategy also encourages development in designated rural residential areas to take on a clustered form to assist in the retention of landscape values, as occurred with the creation of this tourist site and the adjacent Special Residential subdivision. The proposed change of land use from tourism to permanent residential could be considered consistent with the LNRSPP subject to development being of a rural residential density, character and form and having no further impact on the landscape and amenity values of the site. This is unlikely to be adhered to with the density of permanent residential development currently proposed. CONSULTATION If the Council provides “In Principle” support for the proposal the application would be further refined and then reported back to Council for consideration of formal initiation of an amendment. The amendment process includes a referral to the Environmental Protection Authority (EPA), for determination on whether to subject the Amendment to a formal environmental assessment. As this is a request for “In Principle” support only, a decision of the Council would not necessarily be subject to any formal consultation process. Consideration of the proposal on this basis also provides an indication of the Council position to the applicant and landowners prior to further resources being committed to the application. No consultation on the proposal has been undertaken to date other than meetings with the applicant and some owners. PLANNING ASSESSMENT The assessment of the proposal as presented below is undertaken in 2 parts; being the proposal for rezoning of the site away from tourism and subsequently the proposed development of the site as represented in the submitted structure plan (Attachment 1). Proposed rezoning from ‘Chalet and Camping’ to allow for permanent residential use. Assessment of this component of the proposal is based on the criteria as established in the Draft Tourism Strategy as outlined above. The application however provides no other justification for the proposal, other than the owners declining returns on investment (quoted at 3%) and that the facility was essentially destroyed in the recent fire (noting that adequate rebuilding insurance is a requirement of the Strata Titles Act and claims have been settled). Neither of these matters are however related to the assessment criteria of the Draft strategy as the site still has a potential tourism function. Notwithstanding this the Draft Tourism Strategy is considered to provide some justification for the change to an alternative zoning on the following basis, with reference to criteria 3, 4 and 5 listed above:

(3) Changing tourism demand / market direction is reflected in a sustained and potentially enduring reduction in the level of occupancy of chalet type developments similar to the potential / previous function of this site;

(4) Subject to development at an appropriate density and design the rezoning will not diminish the landscape or amenity of the area;

(5) The site is not identified as a key tourism site and as such conversion of the site away from tourism would not be a significant loss to the tourism market or impact detrimentally on potential growth in the market.

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In relation to this last criteria it is also noted that there are significant other opportunities in the surrounding area to develop tourism opportunities of a chalet style, although generally, not of the same scale and without the benefits to the tourism experience that can accrue with a centrally managed facility similar to this. The Draft strategy also identified a need for increased tourism infrastructure in the higher end of the market providing fully serviced accommodation, as opposed to chalet accommodation. While such accommodation could be achieved on the current site, this is unlikely given the constraints of the site, size and current strata arrangement, and that a maximum of 10 keys / 40 guests is unlikely to allow a viable development in this form to be achieved. The Draft strategy does however also emphasise the need for the provision of non-accommodation tourism infrastructure, that will support further growth in the industry, such as are able to be developed on the ‘facilities’ strata lot. The zoning / achievement of development consent for such facilities in suitable areas can be difficult given perceptions of impact on amenity of nearby residents and the environment. While the applicant has proposed that removal of this component of the development is desirable and will be supported by local residents, which may well be the case, it does represent loss of an opportunity for diversification of the economic base of this immediate area and general support of the tourism industry. The viability of development and flexibility of use of this particular development proposal would however be considerably reduced with permanent occupation of the remainder of the site to the point where it is probably not worthy of retention if the overall change in use is supported. While there are some concerns with the proposal for rezoning of the site away from tourism, it is not considered to represent a strategic loss of opportunity and on balance is considered to warrant support in principle. This recommendation of support is however subject to any residential development of the site being of a density and design consistent with the surrounding area and that will not diminish the landscape or amenity of the area, all concepts and policy direction embedded in the LPS, LPS1 and LNRSPP. It should also be noted that if the Council was inclined not to support the proposal there is a reasonable position that the site still does have a potential tourism function. The applicant also contends that the land has a ‘higher’ zoning than surrounding land and as such a special use zoning of the site should be retained but for the purpose of permanent residential use. The approach taken in the preparation of LPS1 has been to restrict the application of the Special use zone in favour of zoning that better reflects the intended landuse. If the proposal is supported it would be preferable to apply a specific zoning and provisions that direct land use accordingly. Proposed Permanent Residential and Tourism ‘Dual Use’ The proposed modification to development entitlements would enable limited resubdivision together with permanent residential occupation or short stay use of future dwellings at the discretion of the landowners, and depending on future structure, potentially also the strata company. The Applicant’s submission identifies that the design and lot yield has been driven by the current strata owners’ direction that ‘equity be maintained’ from the development and that screening of the development is not diminished. This has been interpreted in the design as provision of 1 residential lot for each chalet lot and office, and 2 residential lots in place of the ‘facilities’ lot and associated restaurant approval. The structure plan also identifies a second access from the development onto Wooditch Rd as an emergency fire access route. This approach to increasing access options is supported and will also provide for improved pedestrian permeability. The critical issue is the fundamental change in land use from short stay ‘chalets’ to permanent occupation. While acknowledging the existing development potential of the site in the ‘Additional Use’ zoning, it is still considered that development, particularly if for permanent residential occupation, should as far as possible be consistent with the character and form of other rural residential development in the area. While the applicant argues that 13 residential lots will have an equivalent if not reduced impact relative to the existing development as approved, the following is relevant:

The chalets as approved and developed (and constrained by required setbacks and size of strata lots) are/were approximately 180m

2. The average rural residential dwelling size generally is

significantly larger than this and in the immediate vicinity of this site average approximately 300m2

in the older area and 360m2 in the new area, with typical rural residential permanent occupation

occupying a significantly larger area for associated uses such as outbuildings, storage of vehicles etc. The Proponent has suggested limiting the size of future buildings to 150m², consistent with the maximum size of a chalet permitted under LPS1, to address this issue.

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The proposal for 13 residential dwellings on a 2.24ha site could not be achieved in a manner that retained the rural-residential character of the area as has been achieved with the existing development at Orchid Ramble. This density is equivalent to a residential density of R10 and is more relevant to an urban residential than a rural context.

The proposed lot sizes / dimensions would also not allow standard rural residential setbacks or those applicable to the adjoining special residential development to be achieved, demonstrating that a 13 residential lot yield cannot be achieved while maintaining a rural residential amenity of the site.

Whilst the clustering approach to rural residential development has been utilised in Orchid Ramble and other examples (such as Lot 504 adjacent to the Wallcliffe/Caves junction which remains undeveloped), the size of lots and density of land use needs to be considered on a case by case basis. The provision of lots at an equivalent Residential R10 density is not consistent with the intent of the Rural Residential zone.

The proposed 960m² lots are essentially residential allotments that are inconsistent with the intended form of development in rural residential areas.

In terms of determining what could be considered an appropriate lot yield for the site consistent with the existing amenity and landscape there are considered to be 3 viable options. Option 1. Application of the minimum lot size of 1ha as provided for under the planning framework, with specific zoning, for rural residential development as would be consistent with the LNRSPP. This would result in a yield of 2 lots. Option 2. Similarly, a flexible application of the average size of lots to the west of this site would also result in a yield of 2 lots. Again this could be considered consistent with the planning framework and the character of the area. Both of these options would also achieve development consistent with the landscape and amenity values of the area and could be undertaken so that these values are not diminished. Such an approach does not however adequately recognise the existing development / potential on the site, noting that this is not necessarily required under the planning framework. Option 3. Application of the equivalent density as has been achieved in the cluster development to the south and south east as established as part of the subdivision of the overall site. This would result in a lot yield of 6 lots from the 2.24ha of Lot 118. Such an approach would also allow for a design under which dwellings could be located and conditions imposed to provide for a reasonable rural living outcomes, similar to the area to the south, while still retaining the amenity and landscape values of the area. As such this is considered the preferred option and is recommended to Council if the land use change is supported. The Applicant has proposed that a yield of 13 lots from Lot 118 is justified as they consider that the original cluster subdivision did not achieve the full yield available to the parent lot and that the unrealised potential supports additional development on this lot. On a ‘without prejudice’ basis even if it was the case that the full yield was not achieved there is no basis for any unrealised lot yield to be allocated to this 2.24ha lot. The maximum density of 1 dwelling per hectare in rural residential areas as set out in the LNRSPP and LPS is not viewed as a target but as a maximum density with any development outcome subject to assessment in terms of context policy relating to considerations such as amenity, environmental and visual impact. The Applicant also suggests that the 13 lot residential development would result in less amenity impact on the area from traffic and general noise than the existing / approved tourist development. There are a range of issues that come into play in consideration of this, including the occupancy rate of tourist as opposed to residential development, and trips generated by each use. Without significant review of these issues specific to this area by the applicant it is difficult to draw a clear conclusion on relative impact, other than to say that the existing and proposed road network in the area has ample capacity for both the existing and proposed levels of development.

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The existing approval for a restaurant on the facilities lot (1920m

2) is proposed to be relinquished in

‘exchange’ for 2 residential lots. The approved development as per the applicant’s submission is 2 storey, with a footprint of approximately 300m

2. This size of development is not considerably different

to a number of residential dwellings in the area and not considered to justify 2 residential dwellings on a land use or built form basis. Conversion to permanent residential tenure clearly provides a significant benefit for landowners in comparison to the existing arrangement. The practical issue of the need to provide a development outcome that allows for relative equity between strata owners to be maintained is acknowledged in achieving a redevelopment of the site. As the strata scheme would need revision to facilitate the Proposal, relative equity should be based on unit entitlement and does not need to be on a lot for lot basis as has been proposed, (i.e. maintenance of owners’ equity is not accepted as a valid basis for a yield of 13 lots and the merits or otherwise of higher density permanent residential land use, which is the valid planning consideration). In terms of maintenance of the overall equity of the development it should also be noted that the market value of a tourism strata lot is very significantly less than that of a rural residential lot of similar development potential. At face value the Propsoal could be seen as ‘like for like’ as given the constraints on development it would not impact on landscape character or amenity above that of the existing / approved development. It is questioned whether this could be achieved in terms of actual practicality, precedence and statutory implementation. Given the size of the strata lots they would generally constrain development below what is commonly sought to be developed on lots in a rural/special residential context, (i.e. it would likely result in ongoing statutory compliance issues as owners would reasonably expect to undertake development that would not able to be achieved within the development footprints’), or larger lots sought through resubdivision of the strata scheme. While the Proposal is considered to be flawed as an approach to delivery of permanent residential development on the site at the proposed density, it does have some advantages in retention of the strata scheme. These include providing for integrated management of the common property which has advantages for reduction of fire risk, greater flexibility in design, and use and retention of the internal access road. Such an approach would also assist the facilitation of future tourist use of the site on an integrated basis, if there was demand for and interest in undertaking this, through the potential for dual use of the dwellings. Basic arrangements for this could be established in modified strata scheme by-laws. In respect to the proposed structure plan(s) it is recommended that the Council provide the owners with clear direction that a yield of 13 residential lots is not considered consistent with the general character, landscape and amenity of the area, that development of such would diminish these values and that there is no basis in the planning framework for support of such a lot yield. Further, that a lot yield in the vicinity of 5 – 7 lots is considered the maximum that could be achieved on the site consistent with the character of the area. SUSTAINABILITY IMPLICATIONS The sustainability considerations of the application have been assessed in terms of the Council’s Strategic Plan for the Future. Economic Given the potential uncertainty and long term time frame for return to viable occupancy / demand levels for this type of development, as identified in the Draft Tourism Strategy, there is not considered to be a significant difference in economic sustainability implications for the Shire of the current zoning and the proposal. Environment The Councils strategic direction on environmental protection as most relevant to this proposal is the “Protection of Bushland, Coastal Areas and Biodiversity.” Subject to the establishment of a clear direction on development density and lot yield from the site as per the recommendation the environmental sustainability should not be detrimentally impacted by the proposal. There are not considered to be any components of the proposal that are designed to or will improve the existing environmental condition or future environmental outcomes from the site.

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Social There are 2 competing elements of significance in respect to the social implications of the proposal, both of which relate to the proposed relinquishment of the restaurant approval and limited commercial zoning of the ‘facilities’ strata lot. Without dealing with the issue of demand for such a facility and the timeframe for its development its deletion will reduce the potential local economic/employment activities in the area and also result in the loss of a potential local venue for social interaction by residents in the area. Opportunities such as this are commonly very limited in rural residential areas and are important for the development of a sense of community, building of community strength and resilience, and generally providing for a better quality of life. Alternatively the applicant has put forward the position that deletion of this facility would have advantages for the local residents as it will reduce the level of traffic and ‘tourism activity (noise/nuisance)’ that could occur in the area. It is agreed that residential amenity in such areas is always a significant consideration. FINANCIAL IMPLICATIONS The fees applicable to the application have been met by the applicant. There are not considered to be any ongoing financial implications for the Shire if the recommendation is adopted or the Proposal supported. CONCLUSION The application proposes the rezoning of a site zoned ‘Chalet and Camping’ to provide for permanent residential occupation. The site was previously developed and operated as a 10 chalet tourist facility with the request for rezoning in response to reducing occupancy / returns from tourism. Since initially proposing this change, the facility was significantly impacted by the 2011 fires with only 1 unit surviving and the site overall not currently suitable for tourist use. Given this change the owners have sought Council support in principle for a change in use of the site to dual use residential/short stay and an associated re-subdivision of the strata scheme. The proposal for a change in use of the site is supported primarily on the basis that loss of the potential of the site for tourism will not significantly impact on the long term tourism growth and development in the Shire. The submitted development proposals for the site are however based on the achievement of 13 residential development sites on a 2.24ha lot and an individual lot size of 252m² to 960m². Given the general character and amenity of the area, noting the adjoining cluster development, this density of permanent residential land use is considered excessive and incompatible with the character, landscape and amenity values of the site and surrounding area in addition to significantly and inappropriately departing from the lot sizes and densities for rural residential subdivision in the surrounding area and as designated in the Local Planning Strategy and the LNRSPP. As such it is recommended that a clear direction be provided to the applicant / owners that a maximum of 5 – 7 lots/dwelling entitlements in a design that provides for protection of the current character and landscape values is considered suitable for the site and consistent with the planning framework. This outcome represents a balanced position based on the acknowledgement of the existing use rights of the site. Whilst not a planning consideration it would also result in a considerable financial benefit to the current entitlements of the strata owners and assist in reconciling the site and provide feasible future options for the owners. RECOMMENDATION That Council: 1. Provides “In Principle” support for a scheme amendment for Lot 118 Orchid Ramble to amend the

zoning from the “Chalet and Camping” zone to allow for permanent residential use, subject to a revised structure plan that provides for a maximum yield of between 5 and 7 lots while achieving retention of the amenity and character of the area and enabling adequate on-going fire protection to be implemented.

2. Advise the applicant that proposed subdivision/development of the land to provide for 13

permanent residential ‘lots’ is not supported on the following basis: a) The intensity of the development and density of subdivision is considered to be substantially

inconsistent with the established framework for rural residential subdivision and development as provided for in the Shires Local Planning Strategy, and the LNRSPP;

b) That the Structure Plan is inconsistent with the rural residential density of the surrounding area;

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c) Future residential development will detrimentally impact on the amenity and character of the

area; and d) The proposal does not represent sound and proper planning of the locality by creating a high

density residential enclave in a low density rural residential area. ATTACHMENTS 1. Proposed Structure Plan Before entering into debate, Cr Earl proposed to foreshadow a motion. RECOMMENDATION / COUNCIL DECISION

CR SERVENTY, CR SMART OM1304/14 That Council: 1. Provides “In Principle” support for a scheme amendment for Lot 118 Orchid Ramble to

amend the zoning from the “Chalet and Camping” zone to allow for permanent residential use, subject to a revised structure plan that provides for a maximum yield of between 5 and 7 lots while achieving retention of the amenity and character of the area and enabling adequate on-going fire protection to be implemented.

2. Advise the applicant that proposed subdivision/development of the land to provide for 13

permanent residential ‘lots’ is not supported on the following basis: a) The intensity of the development and density of subdivision is considered to be

substantially inconsistent with the established framework for rural residential subdivision and development as provided for in the Shires Local Planning Strategy, and the LNRSPP;

b) That the Structure Plan is inconsistent with the rural residential density of the surrounding area;

c) Future residential development will detrimentally impact on the amenity and character of the area; and

d) The proposal does not represent sound and proper planning of the locality by creating a high density residential enclave in a low density rural residential area.

LOST 2/4 CR MCGREGOR, CR BELL, CR COLYER AND CR EARL VOTED AGAINST

As the original officer’s recommendation was lost, Cr Earl moved the following alternative motion: ALTERNATIVE MOTION

CR EARL, CR BELL OM1304/15 That Council provides ‘in-principle’ support to the rezoning and re-subdivision of the Strata Scheme at Lot 118 Orchid Ramble, Margaret River, for the purpose of providing for dual permanent residential and short stay use of up to 13 dwellings on that land.

CARRIED 4/2 CR SMART AND CR SERVENTY VOTED AGAINST

REASON: Cr Earl believes that in-principle support for a 13 lot subdivision provides a better planning outcome. Cr Veitch returned to Council Chambers at 6:34pm.

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12.3

Infrastructure Services

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12.3 Infrastructure Services

Nil

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12.4

Corporate and Community Services

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12.4 Corporate and Community Services

12.4.1 LIST OF PAYMENTS FOR MARCH 2013

LOCATION/ADDRESS Shire of Augusta-Margaret River APPLICANT/ LANDOWNER NA FILE REFERENCE FIN/42 REPORT AUTHOR Stella Tippet, Finance Officer AUTHORISING OFFICER Annie Riordan, Director Corporate & Community Services

The Director Corporate & Community Services discloses interest in the credit card expenses which is certified by the Chief Executive Officer.

IN BRIEF It is a requirement of the Local Government (Financial Management) Regulations 1996 that payments made under delegated authority by the CEO are reported to Council on a monthly basis showing details of each account paid since the last such list was prepared . RECOMMENDATION That Council notes the March 2013 List of Payments of $3,059,334.17 as certified as correct by the Director Corporate & Community Services.

BACKGROUND Where Council has delegated authority to the CEO to make payments from the Shire’s bank accounts then under Local Government (Financial Management) Regulations 1996, Regulation 13 (1) a list of such payments is to be prepared each month for noting by Council.

DISCUSSION/ OFFICER COMMENTS Table 1 below provides a summary of the payments made and Table 2 makes comparison between payments for the 2011/12 and 2012/13 financial years. The List of Payments attachment provides further details as required under Regulation 13 (1). These details are as follows. (a) The payee’s name; (b) The amount of the payment; (c) The date of the payment; and (d) Sufficient information to identify the transaction. In order to improve operational efficiency and reduce costs the Shire’s Finance team continually liaise with creditors paid by cheque to encourage them to switch to EFT.

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TABLE 1 – SUMMARY OF PAYMENTS MADE IN THE MONTH

Mode of Payment Cheque / EFT Numbers Sub Total Amount

Cheques (includes reimbursement of credit cards)

41200-41225 23,369.42

EFT EFT36541-36980 2,251,496.59

Direct Debits 784,468.16 3,035,964.75

TOTAL 3,059,334.17

TABLE 2 – COMPARISON WITH PRIOR YEAR OF PAYMENTS

MONTH CHEQUES EFT

TOTAL PMTS

CHEQUES EFT TOTAL PMTS

2011/12 2011/12 2011/12 2012/13 2012/13 2012/13

JULY 45,734.77 3,762,376.59 3,808,111.36 36,595.74 4,132,529.35 4,169,125.09

AUGUST 15,721.72 3,163,890.98 3,179,612.70 27,661.35 2,939,310.49 2,966,971.84

SEPTEMBER 19,291.26 3,269,689.69 3,288,980.95 16,401.46 2,662,007.77 2,678,409.23

OCTOBER 15,329.90 3,227,419.52 3,242,749.42 20,953.19 7,588,526.19 7,609,479.38

NOVEMBER 73,654.80 4,016,752.11 4,090,406.91 28,434.06 2,467,185.97 2,495,620.03

DECEMBER 34,045.61 3,447,830.28 3,481,875.89 25,017.37 2,517,572.94 2,542,590.31

JANUARY 21,943.95 2,229,721.03 2,251,664.98 19,803.71 3,610,373.42 3,630,177.13

FEBRUARY 20,906.02 2,506,285.94 2,527,191.96 11,386.43 2,311,919.12 2,323,305.55

MARCH 20,981.72 3,323,742.49 3,344,724.21 23,369.42 3,035,964.75 3,059,334.17

APRIL 22921.53 2,436,917.44 2,459,838.97

MAY 14,203.19 3,955,929.04 3,970,132.23

JUNE 37,087.27 8,093,455.55 8,130,542.82

341,821.74 43,434,010.66 43,775,832.40 209,622.73 31,265,390.00 31,475,012.73

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995, s 6.10, and Local Government (Financial Management) Regulations 1996, r 13 POLICY IMPLICATIONS Finance Policy 1.3 - Payment of Accounts Payments are made in accordance with relevant Council policies. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council notes the March 2013 List of Payments of $3,059,334.17 as certified as correct by the Director Corporate & Community Services. ATTACHMENTS 1. List of Payments for March 2013 RECOMMENDATION / COUNCIL DECISION

CR MCGREGOR, CR SERVENTY OM1304/16 That Council notes the March 2013 List of Payments of $3,059,334.17 as certified as correct by the Director Corporate & Community Services.

CARRIED 7/0

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12.4.2 FINANCIAL ACTIVITY STATEMENT REPORT – MARCH 2013

LOCATION/ADDRESS Shire of Augusta-Margaret River APPLICANT/ LANDOWNER NA FILE REFERENCE FIN/14 REPORT AUTHOR Andrew Ross, Manager Finance AUTHORISING OFFICER Annie Riordan, Director Corporate & Community Services

IN BRIEF

The monthly financial activity statement report is a standard financial reporting item prepared in accordance with the provisions of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996 “FM Regs”.

Council to consider the financial results for the period ending 31 March 2013. RECOMMENDATION Council receives the Monthly Financial Report – March 2013 in accordance with Section 6.4 of the Local Government Act 1995.

BACKGROUND As per FM Regs 34 the Shire is to prepare each month a Statement of Financial Activity reporting on the sources and applications of funds, as set out in the annual budget under FM Regs (1) (d), for that month with the following details: (a) annual budget estimates; (b) budget estimates to the end of the month to which the statement relates; (c) actual amounts of expenditure, revenue and income to the end of the month to which the

statement relates; (d) material variances between the comparable amounts referred to in (b) and (c); and (e) net current assets at the end of the month to which the statement relates. Also under FM Regs 34(5) Council are to adopt each year a material variance threshold. At the Ordinary Meeting of Council on 25 July 2012 (OM1207/23) Council adopted a monthly variance for reporting of material variances, where financial activity is greater than 10% and $10,000 DISCUSSION/ OFFICER COMMENTS Council’s Executive and Finance staff are committed to providing financial reports to the Council which will provide fiscal information in an understandable and consistent format. The information is designed to represent in an accurate manner the financial position of the Shire at the end of the particular month in question. This will assist Council with monitoring its financial position and the decision making process. The commentary contained in the body of this report is in line with FM Regs (2) (b) that requires commentary on material variances to the Statement of Financial Activity at the nature/type, program or business unit level.

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STATEMENT OF FINANCIAL ACTIVITY

BUSINESS UNITS 12/13 12/13 12/13 12/13 YTD YTD

Approved Amended YTD YTD Variance Variance

Budget Budget Budget Actual Fav(Unfav) >10% & Comments

$ $ $ $ >$10,000

OPERATING REVENUE

Rates (15,885,913) (15,894,913) (15,880,863) (15,838,238) 0% 0

General Financing (1,181,588) (1,231,588) (966,525) (959,537) 1% 0

Members of Council (840) (4,840) (4,060) (4,463) -9% 0

Chief Executive Officer (25,000) (25,000) (25,000) (2,962) 744% 22,038 Timing - of grant funds

Director of Corporate & Community (7,000) (7,000) (5,500) (6,389) -14% 0

Director of Planning & Development 0 0 0 (182) - 0

Finance (19,000) (19,000) (19,000) (7,593) 150% 11,407 LGIS bonus lower than expected

Records (120) (120) 0 (1,177) - 0

Customer and Information Services (8,900) (8,900) (8,300) (12,516) -34% 0

Customer Relations (184,900) (168,900) (140,675) (117,222) 20% 23,453 Perm: DPI commissions.

Information Comm. Technology 0 0 0 (300) - (300)

Human Resources 0 0 0 (1,031) - 0

Community Development (37,871) (66,561) (60,947) (51,023) 19% 0

Emergency and Fire Services (240,918) (240,918) (180,953) (177,551) 2% 0

Rangers (139,900) (148,200) (66,824) (80,862) -17% (14,037) Increased Fees & Charges

Libraries (18,600) (18,600) (14,200) (16,262) -13% 0

Health (132,556) (91,556) (80,500) (79,051) 2% 0

Child Care (210,020) (226,020) (161,676) (188,214) -14% (26,538) Increased patronage

Waste Services (3,148,381) (2,995,461) (2,882,172) (2,930,003) -2% 0

Town Planning (252,400) (242,660) (194,160) (196,086) -1% 0

Community Buildings 0 0 0 (27,621) - (27,621) Permanent: insurance claim received MR Football Club

MR Recreation Centre (760,700) (777,500) (566,900) (587,929) -4% 0

Other Sport and Recreation (84,548) (112,000) (86,140) (103,498) -17% (17,358) Perm: higher fees and charges to Education Dept.

Parks and Gardens (7,000) (7,000) (7,000) (7,791) -10% 0

Asset Services (365,700) (423,440) (343,275) (331,500) 4% 0

Maintenance (469,759) (797,524) (599,759) (642,917) -7% 0

Caravan Parks (1,474,730) (1,560,730) (1,240,050) (1,494,173) -17% (254,123) Permanent: higher occupancy rates

Building Control (257,988) (182,992) (147,658) (144,119) 2% 0

Other Property and Services (42,000) (70,000) (41,500) (48,419) -14% 0

TOTAL OPERATING REVENUES (24,956,332) (25,321,423) (23,723,637) (24,060,991) -1% (337,354)

OPERATING EXPENSES

Revenue 295,223 285,223 207,380 190,623 9% 0

General Financing 680,292 334,367 167,262 161,310 4% 0

Members of Council 251,447 262,847 205,032 183,222 12% (21,811) Timing: less donations. Perm: lease payout.

Chief Executive Officer 772,599 787,599 606,033 545,993 11% (60,040) Timing: special projects

Director of Corporate & Community 432,812 432,812 355,455 285,224 25% (70,231) Timing: projects and contract services

Director of Planning & Development 429,365 429,365 315,621 331,943 -5% 0

Director of Infrastructure 279,425 268,103 196,966 174,802 13% (22,164) Permanent: reallocation of project to Asset Services

Finance 840,858 806,765 696,598 671,432 4% 0

Records 159,127 159,127 117,495 104,581 12% (12,914) Timing

Customer and Information Services 445,271 492,271 359,777 253,844 42% (105,933) Revision of accruals and lower operational expenditure

Customer Relations 407,012 407,012 299,124 293,107 2% 0

Information Comm. Technology 840,087 818,087 648,386 560,333 16% (88,053) Timing: purchase of Synergy modules delayed

Human Resources 621,369 605,569 441,837 430,976 3% 0

Community Development 533,031 588,971 423,159 317,832 33% (105,327) Perm: unsuccessful grants. Projects delayed.

Emergency and Fire Services 716,995 716,995 529,980 500,497 6% 0

Rangers 632,167 646,467 440,590 383,689 15% (56,901) Timing

Libraries 701,919 724,919 533,133 504,922 6% 0

Health 598,091 559,091 418,633 295,192 42% (123,441) Timing: food programme yet to commence

Child Care 262,572 290,573 222,253 240,471 -8% 0

Waste Services 2,638,599 2,304,306 1,884,182 1,829,610 3% 0

Town Planning 1,234,267 1,154,927 890,180 683,695 30% (206,485) Perm/Timing: Officer vacancies. Projects delayed.

Community Buildings 1,419,538 1,398,538 1,050,148 1,112,346 -6% 0

MR Recreation Centre 1,638,405 1,700,372 1,230,836 1,004,239 23% (226,597) Perm/Timing: staff vacancies and wages

Other Sport and Recreation 427,530 453,530 364,867 278,445 31% (86,422) Timing of contributions

Parks and Gardens 1,736,004 1,741,504 1,322,882 1,388,455 -5% 0

Asset Services 1,330,748 1,436,072 1,028,729 867,979 19% (160,750) Timing: wages lower and project delayed

Maintenance 6,129,317 7,160,938 4,907,698 5,075,994 -3% 0

Plant Program 12,341 12,341 (9,445) 10,637 -189% 20,083 Timing of plant changeover

Caravan Parks 927,492 931,949 650,311 706,894 -8% 0

Building Control 252,386 217,239 177,312 160,349 11% (16,963) Permanent

Works Overheads (105,239) (105,241) (98,459) 177,437 -155% 275,896 Timing: overhead allocations under budget

Plant Operation Costs (117,029) (117,029) (91,537) (237,296) -61% (145,759) Timing

Other Property and Services (1,790,074) (1,762,074) (790,574) 50,154 -1676% 840,728 Timing: sale of land in progress

TOTAL EXPENSES 25,633,947 26,143,535 19,701,844 19,538,932 1% (162,913)

NET OPERATING (SURPLUS)/DEFICIT 677,615 822,112 (4,021,792) (4,522,059) -11% (500,267)

SHIRE OF AUGUSTA - MARGARET RIVER

FOR THE PERIOD ENDING 31 March 2013

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BUSINESS UNITS ANNUAL

BUDGET

AMENDED

BUDGET

YTD

BUDGET

YTD

ACTUAL

YTD

VARIANCE

>10% & >

$10,000COMMENTS

$ $ $ $ $

NON OPERATING REVENUES

Emergency and Fire Services (1,747,419) (2,080,000) (1,390,000) (943,000) 47% 447,000 Timing: BFB shed extensions and LT vehicle funding

Waste Services (704,800) (37,504) (37,504) (27,504) 36% 0

MR Recreation Centre (45,000) (41,000) 0 (42,950) - (42,950)

Other Sport and Recreation (74,445) (64,824) (74,445) 0 - 74,445

Parks and Gardens (1,860,000) (218,425) (218,425) (124,400) 76% 94,025 Timing: RDAF Surfers Point funding

Asset Services (224,880) (249,880) (214,880) (57,925) 271% 156,955 Timing

Construction (2,434,566) (2,467,066) (2,284,299) (1,471,736) 55% 812,563 Timing: grant funding to be received.

Caravan Parks (8,100) (8,100) (8,100) 0 - 0

TOTAL NON OPERATING REVENUES (7,099,210) (5,166,799) (4,227,653) (2,667,514) 58% 1,560,139

NET RESULT (6,421,595) (4,344,687) (8,249,445) (7,189,573) 15% 1,059,872

ADJUSTMENTS FOR NON-CASH

REVENUE AND EXPENDITURE

Add back Depreciation (5,699,638) (6,255,313) (4,341,202) (4,687,577) (0) 0

Add back Profit(Loss) Asset Disposal 1,923,533 1,930,895 935,251 67,902 1277% (867,349) Timing: sale of land in progress

Add back Profit(Loss) Investment 0 345,925 345,925 350,473 -1% 0

Movement in Provisions and Accruals 197,983 197,983 194,665 194,665 0% 0

Fair value change to financial assets 0 0 0 0 - 0

(3,578,122) (3,780,510) (2,865,362) (4,074,537) -30% (1,209,175)

CAPITAL EXPENDITURE

Purchase of Land & Buildings 3,739,302 3,049,666 2,778,666 2,435,122 14% (343,544) Timing

Purchase of Infrastructure Assets 12,626,113 8,120,538 5,603,238 3,509,727 60% (2,093,511) Timing: works delayed on projects

Purchase of Plant & Equipment 2,579,128 2,633,128 1,723,128 732,704 135% (990,424) Timing of plant changeover

Purchase of Furniture & Equipment 6,105 6,105 6,105 44,289 -86% 38,184 Perm: re-classification of asset categories

Repayment of Debentures 653,522 653,522 487,037 487,037 0% 0

Advances to Community Groups 0 0 0 - 0

Transfers to Cash Reserves 1,967,074 5,522,868 91,996 91,996 0% 0

21,571,244 19,985,827 10,690,170 7,300,875 46% (3,389,295)

CAPITAL REVENUE

Proceeds from Disposal of Assets (2,033,952) (2,045,131) (1,031,495) (96,736) 966% 934,759 Timing

Proceeds from Disposal of Investments 0 (345,925) (345,925) (350,473) -1% 0

Proceeds from Self-Supporting Loan (5,853) (14,853) (4,893) (4,893) 0% 0

Proceeds from New Loan 0 0 0 0 - 0

Transfers from Cash Reserves (859,827) (782,827) (2,800) (2,800) 0% 0

(2,899,632) (3,188,736) (1,385,113) (454,901) 204% 930,211

DEFICIT/(SURPLUS) JULY 1 B/FWD (8,671,895) (8,671,895) (8,671,895) (8,821,248) -2% 0

DEFICIT/(SURPLUS) C/FWD 0 (1) (10,481,645) (13,239,384) - 0

SHIRE OF AUGUSTA - MARGARET RIVER

STATEMENT OF FINANCIAL ACTIVITY

FOR THE PERIOD ENDING 31 March 2013

Investments As at 31 March 2013 the Shire’s cash deposits and CDO investments were $7,806,041 and total investment interest earned for the month of March 2013 was $34,111. The Shire has the following term deposits on hand. Term Deposits – Cash Management During March the Shire had $3,000,000 in short-term facilities.

Term Days Maturity Status ADI $ Interest Rate

180 23/04/2013 Active NAB 2,000,000 4.58%

180 23/07/2013 Active Bendigo 500,000 4.40%

180 23/07/2013 Active BoQ 500,000 4.41%

These term deposits are in accordance with the rating categories and maximum investment amount percentages outlined in the Shire’s Investments Policy.

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Overnight cash facility As a result of Supertowns the Shire has an overnight cash deposit facility with WATC that has a balance of $5,517,463 which has generated cumulative interest of $130,266. These funds are quarantined for the Supertown projects only. Held for Trading CDOs The Shire’s safe custody custodians ANZ Nominees Pty Ltd will supply ongoing monthly reports for the Investment Portfolio. These valuations are in the Investment update report when they become available.

Maturity Call Status

Face Value

Current Coupon

Accrued Interest

Market Value

Book Value

Kakadu 20/03/2014 Active 500,000 4.7900 655 120,005 40,000

Kalgoorlie 27/02/2013 Sold 300,000 N/A 0 N/A 0

Flinders AA 20/03/2013 Matured 50,000 N/A 0 N/A 0

Scarborough 23/06/2014 Default 350,000 N/A 0 N/A 0

Coolangatta 20/09/2014 Sold 300,000 N/A 0 N/A 0

Miami 20/03/2017 Sold 50,000 N/A 0 N/A 0

1,550,000 655 120,005 40,000

Proceeds of $296,926 and $53,546 were received for the Coolangatta and Miami CDOs on 26 February 2013. In-Kind Support In-Kind support as at 31 December 2012 was $7,452. Reserves The movement to reserves reflects the interest earned on those funds for the month. An amount of $2,800 has been transferred from the Road Asset Reserve. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS As per FM Regs 34 the Shire is to prepare each month a Statement of Financial Activity reporting on the sources and applications of funds, as set out in the annual budget under FM Regs 22(1) (d). FINANCIAL IMPLICATIONS The overall financial performance of the Shire is as summarised in this report. SUSTAINABILITY IMPLICATIONS Environmental N/A Social N/A Economic As stated in the report. VOTING REQUIREMENTS Simple Majority RECOMMENDATION Council receives the Monthly Financial Report – March 2013 in accordance with Section 6.4 of the Local Government Act 1995. ATTACHMENTS 1. Monthly Financial Reports consisting of:

a. Notes to and forming part of the Statement of Financial Activity b. Financial Reports by Business Units

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RECOMMENDATION / COUNCIL DECISION

CR BELL, CR VEITCH OM1304/17 Council receives the Monthly Financial Report – March 2013 in accordance with Section 6.4 of the Local Government Act 1995.

CARRIED 7/0

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12.4.3 MINUTES OF THE SPORTS & RECREATION ADVISORY COMMITTEE MEETING 3 APRIL 2013

LOCATION/ADDRESS AMRSC APPLICANT/ LANDOWNER AMRSC FILE REFERENCE REC/36 REPORT AUTHOR Dylan Brown, Recreation Centre Operations Manager AUTHORISING OFFICER Annie Riordan, Director Corporate & Community Services

IN BRIEF On 3 April 2013 the Sports and Recreation Advisory Committee (SRAC) held its bi-monthly meeting.

RECOMMENDATION That Council receives the minutes of the Sports and Recreation Advisory Committee (SRAC) held 3 April 2013

CONSULTATION AND ADVICE Sports and Recreation SRAC Delegates. DISCUSSION / OFFICER COMMENTS Naming of Roads and Entrances in the Gloucester Park Precinct A number of roads will be ready to name soon within the Gloucester Park Precinct, with additional roads to be named in the future. Clubs are encouraged to put forward names of people of note, along with some history for consideration. Submissions will be discussed at further meetings, provided to the Shire for checking eligibility, and final submissions provided to Council once finalised, for their approval. Good Sports A presentation was made by Glen Ewan on the Good Sports program, which works with community sporting clubs to manage alcohol responsibly. Lights on the Western Oval There is a high demand from various sporting groups utilising the current grounds, and while there will be a need for further grounds in the coming up years, it would be advantageous to all if lighting could be provided on the Western Oval, which will allow clubs to train later in the darker months. Additionally, drainage is a secondary issue that would need to be addressed to allow for better usage of the Western Oval. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS N/A POLICY IMPLICATIONS N/A FINANCIAL IMPLICATIONS SUSTAINABILITY IMPLICATIONS N/A VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council receives the minutes of the Sports and Recreation Advisory Committee (SRAC) held 3 April 2013

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ADVICE TO APPLICANT/PROPONENT N/A ATTACHMENTS 1. Minutes of the Sports and Recreation Advisory Committee 3 April 2013 RECOMMENDATION / COUNCIL DECISION

CR EARL, CR VEITCH OM1304/18 That Council receives the minutes of the Sports and Recreation Advisory Committee (SRAC) held 3 April 2013

CARRIED 7/0

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13.0 Motions of which previous notice has been given

Nil

14.0 Motions for Consideration at the Next Meeting

Nil

15.0 New Business of an Urgent Nature

15.1 Members

Nil

15.2 CEO

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15.2.1 ROYALTIES FOR REGIONS COUNTRY LOCAL GOVERNMENT FUND 2012-13 INDIVIDUAL ALLOCATION FINANCIAL ASSISTANCE AGREEMENT

LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Not applicable FILE REFERENCE FIN/306 REPORT AUTHOR David Nicholson, Acting Manager Works AUTHORISING OFFICER Johan Louw, Acting Chief Executive Officer

IN BRIEF The Financial Assistance Agreement for the Shire’s 2012-13 Country Local Government funding has been received and requires signing and executing under common seal. RECOMMENDATION That Council authorises the affixing of the common seal of the Shire of Augusta Margaret River to the Royalties for Regional Country Local Government Fund 2012-13 Individual Allocation Financial Assistance Agreement.

BACKGROUND The Department of Regional Development and Lands (RDL) has finalised the Financial Assistance Agreement (FAA) for the Shire’s 2012/13 Country Local Government Fund (CLGF) individual project funding allocation of $622,479. This agreement has been received (Refer Attachment 1) and now requires signing by the CEO and Shire President and executing under Common Seal. The affixing of the common seal to documents cannot be delegated and an authorisation by Council decision is required in accordance with s9.49A of the Local Government Act 1995. CONSULTATION AND ADVICE External consultation Not applicable. Internal consultation Acting CEO, Director Corporate and Community Servicers, Finance Manager. DISCUSSION / OFFICER COMMENTS The four projects to be funded under the 2012/13 CLGF program were nominated in the 2012/13 budget and are:

Streetscape Improvements – Bussell Highway, Cowaramup

Drainage Improvements – Augusta

Gloucester Park Internal Roads and Parking Upgrade

Stormwater Drainage Improvements – Bussell Highway, Cowaramup

The Augusta drainage improvements (Bovell Crescent and Blackwood Avenue) and the Gloucester Park internal roads and car parking projects are underway and will be completed this financial year. Design of the Cowaramup streetscape works and drainage improvements are well advanced but construction has been deferred until Spring 2013 (ie carried over to the 2013/14 financial year). Winter rains typically commence in mid-May and it is now too late to commence major excavation/drainage works without risk of inundation of the works, trench collapse, etc. In addition, negotiations are underway with Main Roads WA over the proposed use of roadside bio-retention basins (water sensitive road design) in the drainage upgrade works, and the location and species of street trees to be planted. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995 Section 9.49A Execution of documents 1. A document is duly executed by a local government if:

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a) the common seal of the local government is affixed to it in accordance with subsections (2)

and (3); or b) it is signed on behalf of the local government by a person or persons authorised under

subsection (4) to do so. 2) The common seal of a local government is not to be affixed to any document except as authorised

by the local government. 3) The common seal of the local government is to be affixed to a document in the presence of —

a) the mayor or president; and b) the chief executive officer or a senior employee authorised by the chief executive officer, c) each of whom is to sign the document to attest that the common seal was so affixed.

4) A local government may, by resolution, authorise the chief executive officer, another employee or an agent of the local government to sign documents on behalf of the local government, either generally or subject to conditions or restrictions specified in the authorisation.

5) A document executed by a person under an authority under subsection (4) is not to be regarded as a deed unless the person executes it as a deed and is permitted to do so by the authorisation.

6) A document purporting to be executed in accordance with this section is to be presumed to be duly executed unless the contrary is shown.

7) When a document is produced bearing a seal purporting to be the common seal of the local government, it is to be presumed that the seal is the common seal of the local government unless the contrary is shown.

[Section 9.49A inserted by No. 17 of 2009 s. 43.] STRATEGIC PLAN / POLICY IMPLICATIONS Business Excellence - Governance and Corporate Leadership. PLANNING FRAMEWORK N/A FINANCIAL IMPLICATIONS The Shire’s adopted 2012-13 budget was includes the expected $622,479 CLGF allocation. SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Funding provided through the CLGF program provides for significant infrastructure renewal and upgrading within the Shire. VOTING REQUIREMENTS Absolute Majority RECOMMENDATION That Council authorises the affixing of the common seal of the Shire of Augusta Margaret River to the Royalties for Regional Country Local Government Fund 2012-13 Individual Allocation Financial Assistance Agreement. ATTACHMENTS 1. Financial Assistance Agreement - Royalties for Regions Project

RECOMMENDATION / COUNCIL DECISION

CR MCGREGOR, CR EARL OM1304/19 That Council authorises the affixing of the common seal of the Shire of Augusta Margaret River to the Royalties for Regional Country Local Government Fund 2012-13 Individual Allocation Financial Assistance Agreement.

CARRIED 7/0 BY ABSOLUTE MAJORITY

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16.0 Confidential Business

Nil

17.0 Closure of Meeting

The Chair thanked all in attendance and declared the meeting closed at 6:40pm.