ordinary council - shire of augusta–margaret...

Ordinary Council

MINUTES

FOR THE MEETING TO BE HELD WEDNESDAY, 12 APRIL 2017

IN COUNCIL CHAMBERS, WALLCLIFFE ROAD, MARGARET RIVER

COMMENCING AT 5:30PM

SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 12 APRIL 2017

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Meeting Notice Dear Councillor I advise that an Ordinary Council Meeting of the Shire of Augusta Margaret River will be held in Council Chambers, Wallcliffe Road, Margaret River on Wednesday 12 April 2017, commencing at 5:30pm. Yours faithfully

GARY EVERSHED CHIEF EXECUTIVE OFFICER


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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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TABLE OF CONTENTS

ITEM NO. SUBJECT PAGE NO.

1. DECLARATION OF OPENING .................................................................................................. 5 2. ATTENDANCE ........................................................................................................................... 5 2.1 APOLOGIES ............................................................................................................................... 5 2.2. APPROVED LEAVE OF ABSENCE ........................................................................................... 5

3. DISCLOSURES OF INTEREST ................................................................................................. 6 3.1 ITEM 11.4.1 RFT 04-17 CONSTURCTION OF THREE CHALETS, STORAGE

FACILITY AND AN ABLUTION BLOCK UPGRADE AT TURNER CARAVAN PARK, AUGUSTA – FINANCIAL INTEREST – CR IAN EARL .............................................................. 6

4. PUBLIC QUESTIONS ................................................................................................................ 6 4.1. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ................................ 6 4.2. PUBLIC QUESTION TIME ......................................................................................................... 6

5. APPLICATIONS FOR LEAVE OF ABSENCE ........................................................................... 6 5.1 CR PAM TOWNSHEND – 10 AND 24 MAY 2017 ...................................................................... 6

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ..................................................... 6 6.1 ORDINARY COUNCIL MEETING HELD ON 22 MARCH 2017 ................................................. 6 6.2 SPECIAL COUNCIL MEETING HELD ON 29 MARCH 2017 .................................................... 6

7. DEPUTATIONS .......................................................................................................................... 7 7.1 ITEM 11.2.1 IN PRINCIPLE SCHEME AMENDMENT – LOT 632 WALLCLIFFE

ROAD, MARGARET RIVER – MR PETER GLEED ................................................................... 7 7.2 ITEM 11.2.3 SCHEME AMENDMENT 44 AND ASSOCIATED STRUCTURE PLAN

FOR FINAL APPROVAL – MR RICHARD VOS ........................................................................ 8 7.3 ITEM 11.3.1 ROTARY FOREST PLAYGROUND – NATURE PLAY CONCEPT

PLAN – MR PETA GOODWIN ................................................................................................... 9 7.4 ITEM 11.3.1 ROTARY FOREST PLAYGROUND – NATURE PLAY CONCEPT

PLAN – MR BRIAN WARREN .................................................................................................. 10

8. PETITIONS ............................................................................................................................... 12 9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER....................................................... 12 10. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN .................................................. 12 11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS ................................................. 12 11.1. CHIEF EXECUTIVE OFFICER ................................................................................................. 13 11.2. SUSTAINABLE DEVELOPMENT ............................................................................................ 15 11.2.1 IN PRINCIPLE SCHEME AMENDMENT - LOT 632 WALLCLIFFE ROAD,

MARGARET RIVER................................................................................................................. 16 11.2.2 SCHEME AMENDMENT 51 AND RELATED STRUCTURE PLAN FOR INITIATION

- DEVON DRIVE MARGARET RIVER ..................................................................................... 24 11.2.3 SCHEME AMENDMENT 44 AND ASSOCIATED STRUCTURE PLAN FOR FINAL

APPROVAL ............................................................................................................................... 32

11.3. INFRASTRUCTURE SERVICES ............................................................................................. 42 11.3.1 ROTARY FOREST PLAYGROUND - NATURE PLAY CONCEPT PLAN ............................... 43

11.4. CORPORATE AND COMMUNITY SERVICES ....................................................................... 50 11.4.1 RFT 04-17 CONSTRUCTION OF THREE CHALETS, STORAGE FACILITY AND

AN ABLUTION BLOCK UPGRADE AT TURNER CARAVAN PARK, AUGUSTA .................. 51 11.4.2 LONG TERM FINANCIAL PLAN 2017-18 TO 2026-27............................................................ 54 11.4.3 REVIEW OF CREDIT CARD POLICY ...................................................................................... 61

12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ........................................... 64 13. MOTIONS FOR CONSIDERATION AT NEXT MEETING ....................................................... 64


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14. NEW BUSINESS OF AN URGENT NATURE ......................................................................... 64 14.1 MEMBERS ................................................................................................................................ 64 14.2 CEO .......................................................................................................................................... 64

15. CONFIDENTIAL BUSINESS .................................................................................................... 64 15.1 REDGATE LIME V SHIRE OF AUGUSTA MARGARET RIVER - REDGATE LIME

OFFER ARISING OUT OF TRIBUNAL MEDIATION ............................................................... 65

16. CLOSURE OF MEETING ......................................................................................................... 69


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Minutes of the Ordinary Council Meeting held on Wednesday 12 April 2017, in Council Chambers, Wallcliffe Road, Margaret River, commencing at 5.30pm

Ordinary Council Meeting

1. DECLARATION OF OPENING The Shire President welcomed all in attendance and declared the meeting open at 5.30pm

2. ATTENDANCE Shire President : Cr Ian Earl North Ward

Councillors : Cr Kylie Kennaugh North Ward Cr Peter Lane North Ward Cr Kim Hastie Leeuwin Ward Cr Mike Smart Leeuwin Ward Cr Felicity Haynes Town Ward Cr Pam Townshend Town Ward

Acting Chief Executive Officer : Ms Annie Riordan Director Sustainable Development : Mr Dale Putland

Director Infrastructure Services : Mr Johan Louw

Manager Planning and Development Services : Mr Nick Logan Manager Corporate Services : Mr Andrew Ross Manager Human and Community Services : Mr Nigel Anderson Coordinator Legal Services : Mr Ian McLeod (7.19pm)

Minute Secretary : Ms Claire Schiller

MEMBERS OF THE PUBLIC 8

MEMBERS OF THE PRESS Augusta Margaret River Times : Mr Warren Hately

2.1 Apologies Gary Evershed, Chief Executive Officer

2.2. Approved Leave of Absence

Nil


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3. DISCLOSURES OF INTEREST

3.1 Item 11.4.1 RFT 04-17 Consturction of Three Chalets, Storage Facility and an Ablution Block Upgrade at Turner Caravan Park, Augusta – Financial Interest – Cr Ian Earl

Cr Earl declared in writing a financial interest in Item 11.4.1 Consturction of Three Chalets, Storage Facility and an Ablution Block Upgrade at Turner Caravan Park, Augusta, as his company has given a price to several of the builders.

4. PUBLIC QUESTIONS 4.1. Response to Previous Public Questions Taken on Notice

Nil

4.2. Public Question Time Nil

5. APPLICATIONS FOR LEAVE OF ABSENCE 5.1 Cr Pam Townshend – 10 and 24 May 2017

Cr Townshend requested that Council grant her leave of absence from the 10 May 2017 and 24 May 2017 Ordinary Meetings of Council. MOTION / COUNCIL DECISION CR TOWNSHEND, CR SMART OM2017/81 That Council grants Cr Townshend leave of absence from the 10 May and 24 May 2017 Ordinary Meetings of Council.

CARRIED 7/0

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 6.1 Ordinary Council Meeting held on 22 March 2017

MOTION / COUNCIL DECISION CR SMART, CR HAYNES OM2017/82 That Council confirms the minutes of the Ordinary Council Meeting held 22 March 2017 to be a true and correct record of the meeting.

CARRIED 7/0

6.2 Special Council Meeting held on 29 March 2017 MOTION / COUNCIL DECISION CR HASTIE, CR TOWNSHEND OM2017/83 That Council confirms the minutes of the Special Council Meeting held 29 March 2017 to be a true and correct record of the meeting.

CARRIED 7/0


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7. DEPUTATIONS 7.1 Item 11.2.1 In Principle Scheme Amendment – Lot 632 Wallcliffe Road, Margaret

River – Mr Peter Gleed Mr Peter Gleed of 65 Connelly Road, Margaret River on behalf of JJ Archibald and Co , addressed the meeting in relation to Item 11.2.1 In Principle Scheme amendment – Lot 632 Wallcliffe Road, Margaret River, a summary of his deputation is as follows: The recommendation contained in the Addendum to the Ordinary Meeting agenda is supported. The land has been identified for development in numerous planning instruments commencing with the Rural Strategy in 1992, the LNRSPP in 1998, and various draft town site strategies culminating in the inclusion of the land in Development Investigation Area No 10 under the Local Planning Strategy. As the officers report indicates there have also previously been several proposals to rezone the land in the past none of which proceeded for various reasons including differing views by the Council at the time as to the form of development considered appropriate for the land. In deciding to seek the Council’s in principle support to the land being again subject of a rezoning proposal, the client agreed that in the light of the more stringent environmental and fire management processes that are now in place since previous rezoning proposals, it was appropriate that any request for approval in principle be accompanied by a preliminary environmental and fire management assessment. This assessment established:

• Vegetation quality • Potential habitat trees locations • General flood line • A BAL 29 setback line and fire access requirements

The findings of the assessment were then used to prepare a conceptual layout as an indication only of a possible design approach that reflected the identified constraints that are clearly exhibited by the site. The design approach (refer plan) incorporates:

• Creation of public open space reserves along the two creeklines • Access links via Wallcliffe Road, Mansfield Avenue (fire and pedestrian access only) and via a

new road link through the speedway reserve to the west which is also an identified DIA under the LPS.

• Potential habitat tree locations being incorporated into larger lots to assist in their retention. • The vast majority of identified “good” quality bushland forming the southern half of the site being

retained in a single large lot. • Limiting development as much as possible to cleared or degraded bush land areas. • Incorporating fire access / escape routes as recommended in the preliminary fire management

assessment.

The plan was not submitted for formal endorsement. Much more detailed investigation is required. However, in light of the acknowledged extensive constraints and past history of previous proposals it was considered necessary that a preliminary layout be prepared. The layout reflects the current known constraints but will inevitably be modified as the detailed planning and assessment phase is undertaken. Adoption of the recommendation contained in the addendum will provide the landowner with confidence to proceed with such detailed investigations and planning process.

The Shire President called for questions and thanked Mr Gleeed for his deputation.


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7.2 Item 11.2.3 Scheme Amendment 44 and Associated Structure Plan for Final Approval – Mr Richard Vos

Mr Richard Vos of Lot 121 Rowe Road West, Witchcliffe addressed the meeting in relation to Item 11.2.3 Scheme Amendment 44 and Associated Structure Plan for Final Approval, a summary of his deputation is as follows:

I am the owner of Cell 6 of the Witchcliffe Village Strategy. Of the 10 development cells in the WVS, Cell 6 is the last or final Cell in the Strategy to be considered for scheme amendment and structure plan approval. All of the other cells in the WVS have approved scheme amendments and structure plans. The reason Cell 6 is the final cell to be considered for development approval is that the WVS first required creation of a 25 ha Conservation Lot in remnant bushland to the west of Cell 6. After conservation and bush fire management studies, this conservation lot was created as Lot 121, by the Department of Parks and Wildlife, in February 2014. Creation of the Conservation Lot enabled creation of Lot 122 - or Cell 6 of the WVS. After all of the required geotechnical, hydrological, environmental, engineering, bush fire management, and other studies were completed, a Scheme Amendment and Structure Plan for Cell 6 was submitted to the Shire in April, 2016 - a year ago. On September 28th, 2016, Council resolved to support the Scheme Amendment and Structure Plan for Cell 6. These documents were then advertised for public comment, and government agency comment, in December 2016. =No submissions were received objecting to Cell 6 development. Some minor sustainability suggestions by government agencies were incorporated into the Structure Plan. The provision of reticulated waste water and sewage services via a treatment plant has been a very complex and difficult issue for the WVS. The strategy was initiated, in 2009, with the intention that the Shire would manage a waste water treatment plant. However, over time, it became apparent that the business case for a Shire managed WWTP simply did not stack up. For this reason, a special meeting of Council was held on December 17th, 2014, to address the issue of a non-existent WWTP and the impact of this on stalled development, particularly for large lots in, Cell 5, of the WVS. At this special meeting, Council resolved that henceforth: All development Cells in the WVS with lot sizes of 2000 m2 or above, would be considered for onsite waste disposal. These developments required a Structure Plan which demonstrated the suitability of ground conditions to safely and effectively accommodate on site effluent disposal. Geotechnical reports were required to the satisfaction of the Shire and the Department of Health. Following this December 17th, 2014 meeting, large lots within Cell 5 of the WVS were deemed to have met these requirements, and were approved for on-site effluent disposal. Finally, now, in April 2017, the Cell 6 Structure Plan has also met all of these requirements. Average lot size for Cell 6 is 3,150 m2. The required soil and hydrology studies demonstrate the land is well suited to onsite waste disposal. In addition, key government agencies support on-site servicing: The Department of Water, Department of Health, and Council’s own environmental health services - all support on-site waste disposal for Cell 6. But now the officers have added a single new provision into the Scheme Amendment for Cell 6, and they have added a single new provision into the Structure Plan for Cell 6. These added provisions require connection of lots in Cell 6 to a reticulated sewage system, if the potential for this is established at the time of subdivision. These last minute added provisions completely transform the development scenario for Cell 6. And they introduce huge uncertainty, under which development becomes untenable. What does the word “potential” mean? Does it mean a letter of intent to build a WWTP? Does it mean a heads of agreement?


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Does it mean a memorandum of understanding? Does it mean an agreed contract? Does it mean a constructed waste water treatment plant? I have not been told what the word “potential” means. The requirement to connect to reticulated sewage services could well kill the economics of large lot development in Cell 6. The costs involved to lay pipes from the boundary of Cell 6 to a treatment plant, wherever this might be located, as well as the cost to lay pipes and associated pumping infrastructure throughout the 15 hectares of large lots in Cell 6, would be very substantial. It has been suggested that a solution to this increased cost burden could be provided by a possible change in the structure plan to increase the lot yield, and so create a greater number of smaller lots. However, this is not my preferred outcome for Cell 6. And it is not the intended outcome of the WVS. Cell 5 has an approved revised Structure Plan allowing large lots to be serviced by onsite waste disposal. Average lot size in Cell 5 is around 2,470 m2. By comparison, average lot size in Cell 6 is around 3,150 m2. Cell 6 should be treated in a similar fashion to Cell 5. To do otherwise ignores the Shire resolution of December 17th 2014. And to do otherwise is inequitable treatment of Cell 6. I suppose the simple question to answer is, does the Shire resolution of December 17th 2014 apply to Cell 6, or not? And if not, why not? After many years of work to create a conservation lot, protect remnant vegetation, and work with the officers to achieve sustainability outcomes, it was disappointing to see these last minute provisions added to the Cell 6 Scheme Amendment and Structure Plan. These provisions were not included in the Scheme Amendment and Structure Plan approved by Council in September 2016. And they were not included in the documents advertised for public and government agency comment in December 2016. I hope councillors will agree to remove these last minute added provisions. The Shire President called for questions and then thanked Mr Vos for his deputation.

7.3 Item 11.3.1 Rotary Forest Playground – Nature Play Concept Plan – Mr Peta Goodwin

Ms Peta Goodwin of 12 Elva Street, on behalf of the Friends of Barret Street Reserve , addressed the meeting in relation to Item 11.3.1 Rotary Forest Playground – Nature Play Concept Plan, a summary of her deputation is as follows: I am addressing Council now because of our concerns for the ongoing well-being of the Reserve we take care of due to its proximity and connection to the current Rotary Park and the proposed Nature Play Park. There has been an enormous increase over the last couple of years in the number of bicycles using the tracks in the reserve, particularly bicycles being ridden at speed. The WA Government and our Shire have invested in the promotion of off-road cycling for health, recreational and financial (i.e., tourism, competitions) reasons. This, plus the establishment of the Hairy Marron Bicycle Hub with their bike rental business and the mooted pump track included in the Rotary Nature Play Park concept with the suggestion that pump track users could “feed off” onto tracks in the surrounding bush are all bringing more bike activity into the area. Many walkers, myself included, have found that their walking habits have changed to accommodate this – there is anecdotal evidence to suggest that many walkers have stopped using the Barrett Street Reserve altogether for walking as they no longer feel that they can relax and enjoy the bush in the way they used to because of the need to keep an eye out for bicyclists. There is also anecdotal evidence that bicyclists feel the same way about walkers. Other shires are having issues with dual-use paths in their areas as well (the Meelup walk/cycle path in Busselton is one). We commend the shift of focus out to the Pines by MRORCA where they have constructed trails to suit all abilities and are taking groups of kids out there for training. This move, however, has resulted in the original Pines Walk Trail (a large area with many tracks through it) being closed to walkers, without consultation (as far as I am aware) with the community. Bewildering in view of this is the outrage on social media sparked by an article in the Times re a call (by the Friends) that the comparatively tiny


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Barrett Street Reserve be declared a “bicycle free zone” and it suggests to us that the Reserve tracks figure somewhere in the future plans for off-road cycling in the area. Although there is nothing in the Final Draft Concept Plan for the Nature Play Park to suggest that Barret Street Reserve may become a “feed off” area for the pump track, our expressed concerns about this (which was talked about at the original community consultation) have never been addressed. We would like Barrett Street Reserve to be reconsidered by Council as an “asset-with-a-difference” to our town for residents and visitors, by the promotion of it as an area for QUIET RECREATION – e.g.walking/wandering, jogging, dog walking, observing wildlife and plant life, meditation. We see it as conveniently connected to the Rotary Park and Old Settlement areas; as perfectly sited for visitors to the town; as appropriate for walkers of all ages and abilities; as a complete and accessible micro Karri forest; as a place in which to relax, refresh and observe as well as to exercise and as part of the Rotary Park complex, but offering a different experience, one which appeals to just as many people on the planet as bicycling and has the added benefit of being free. We suggest that signage be put in place to distinguish the Reserve from the rest of the Rotary recreation area; that bicycle traffic through the Reserve be either banned or at the least have a speed limit imposed and that the Reserve is closed to any future off-road cycle races/events. We hope that the Council will share our feeling that, rather than detract, this will be value-adding, by providing a safe and relaxing walking area in a unique Karri reserve at the gateway to the town. The Shire President called for questions and then thanked Ms Goodwin for her deputation.

7.4 Item 11.3.1 Rotary Forest Playground – Nature Play Concept Plan – Mr Brian Warren

Mr Brian Warren of 5 Lantana Lane, Rotary Park Committee Coordinator representing the Rotary Club of Margaret River, addressed the meeting in relation to Item 11.3.1 Rotary Forest Playground – Nature Play Concept Plan, a summary of his deputation is as follows: In mid-2016 Emerge Associates were contracted by Rotary and the Shire to develop a Concept Plan for a Forest Playground in Reserve 18451 and to provide suggestions of how to progress that so as to eventually achieve the 3 key objectives that have been set for a forest playground. These three key Objectives are to: • Establish a park with natural elements that will provide free and active play opportunities for local

and visiting families; • Through play, educate children on the importance of our natural systems and to increase

stewardship of our natural environment into the future; and to • Create a space that will be a destination park, and draw people to Margaret River town.

Where are we at now? Rotary’s intention has always been to reach a stage where we have a good understanding of what a ‘forest playground’ might look like and how it might fit in to the Reserve. Rotary intended from the start of this process to arrive at a point where we have the information to decide with the Shire, the community and other stakeholders if it is feasible to proceed to detailed planning for preparation of an environmentally sensitive playground which can address the objectives we have set. We believe that the Concept Plan we now have enables us to do that and in fact shows that we can take the next steps, even though they may be some time off. The information, which the Concept Plan is based on, includes: • A scoping document from Nature Play WA which outlines what has to happen to develop and

successfully manage the long term sustainability of natural play areas. • A tree survey, conducted by the Shire and funded by Rotary, in which the location and health of all

significant trees across the site was determined,


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• Community support for progressing a nature play area was assessed by consultation with the primary schools, individual community members and groups, and during the planning process.

• A strong commitment from Rotary Margaret River to support development of a Forest Playground across the area when that opportunity is presented.

All of these have been brought together in the Concept Plan which details the site layout and opportunities for utilising the area for natural play elements. However, this point has not been arrived at without very careful consideration of all stakeholders’ wishes and concerns. For example, the Final Concept Plan now addresses specific issues that were of concern both to Rotary and members of the community with regard to car parking and the one pump track, and that is shown in the copy you now have. But to reiterate, this Plan was not designed to, and does not provide, detailed plans for the specific play elements, their absolute location, or their establishment; it provides Concepts only. The next step once this Concept Plan is accepted by Council is development of a Master Plan and this will require funding and much more consultation with the Shire and other stakeholders, and will be some time away, and when complete will be provided for Council adoption. Should we go ahead with a Forest Playground? Studies on the value to children of playing outside in the natural environment have produced data which shows that:

• Children now spend more than 2 hours per day on electronic devices; • They spend 90% of their time indoors; • In 2014-15, 27% children aged 5-17 years were overweight or obese4; and • In the US, pre-school children are the fastest growing market for anti-depressants.

Those figures alone provide solid reasons for providing more opportunities for children to have natural play experiences. The Nature Play1 movement in Australia was founded on the understanding that unstructured play in the outdoors (nature play) is fundamental to a full and healthy childhood. Nature play is intrinsically good and provides benefits in health, cognitive, social and emotional development, and the building of resilience and creativity flow from these. Also, experience in nature as a child leads to environmental stewardship later in life2. If children lose contact with nature they won't fight for it3. Rotary believe that we must provide some attractive alternative activities for our children directly related to our environment and the understanding of it, or we will not have carers for it in the future. Unless people have experiences they cannot value them. If we cannot get our young children out into the natural world, even if it is only transiently, they will never understand it and will certainly not value it. Conclusion Reserve 18451 is a site with many advantages for attracting children and their families to a Forest Playground. With careful planning and design of the future play and educational elements, the three Objectives set for the playground – to provide free and active play opportunities, educate children on the importance of our natural systems, and create a destination park, can be achieved. Activities on the site can certainly start to provide opportunities to children for a healthier childhood, and an understanding and value of natural systems, and engage both children and adults in better valuing our environment and caring for it. Rotary commends the Concept Plan to you and look forward to working with the AMR Shire on future stages of development.

The Shire President called for questions and then thanked Mr Warren for his deputation.


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8. PETITIONS Nil

9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER NIL

10. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN Nil

11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS


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11.1. Chief Executive Officer


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11.1. CHIEF EXECUTIVE OFFICER Nil


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11.2. Sustainable Development


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11.2.1 IN PRINCIPLE SCHEME AMENDMENT - LOT 632 WALLCLIFFE ROAD, MARGARET RIVER LOCATION/ADDRESS Lot 632 Wallcliffe Road, Margaret River APPLICANT/LANDOWNER PGPM Pty Ltd – Peter Gleed on behalf of JJ Archibald & Co FILE REFERENCE PTY/961 – P216579 REPORT AUTHOR Lucy Gouws, Planning Officer AUTHORISING OFFICER Dale Putland, Director Sustainable Development

IN BRIEF • Lot 632 Wallcliffe Road, Margaret River has a long history of consideration of various Scheme

Amendments and Structure Plans dating back to the early 1900’s. Proposals put forward have been for consideration of future residential development of the Site.

• The Local Planning Strategy (LPS) identifies the Site as a Development Investigation Area (DIA) for future growth of the town to the west. The LPS suggests the Site is “potentially suitable for clustered special rural/special residential development which protects the site’s landscape values, addresses potential visual impacts from adjacent properties and Wallcliffe Road and preserves the historic values and setting of Basildene Manor.”

• To facilitate implementation of the LPS, rezoning of the land is required and a proposal has been put forward seeking in-principle support to this.

• However, there are a number of outstanding issues to be resolved prior to further consideration of residential development of the site. These can best be examined through the formal scheme amendment process.

RECOMMENDATION That Council does not support the initiation of the In-Principle Scheme Amendment and Structure Plan until investigations and assessments have been undertaken to the satisfaction of the Council, including modification of the Structure Plan to include:

a) Lot size and configuration designed to ensure that habitat trees and areas supporting possums can be retained;

b) An additional fauna survey is to be undertaken in the appropriate season and modifications to the Structure Plan to reflect the findings;

c) Any clearing of vegetation, including for fire mitigation purposes to be within those areas of vegetation that are identified as degraded;

d) All clearing for fire mitigation achieved within individual lot boundaries; e) A Heritage Impact assessment on Basildene Manor; f) Visual management assessment of the site and of views to the site from Wallcliffe Road; g) Noise study assessing the impact that the speedway may have on the future lots created, and

measures to address conflict from the ongoing use of the Speedway; h) Investigations to the possibilities of a contaminated site from the former landfill site; and i) Confirmation from Department of Fire and Emergency Services that the Bushfire Management

Plan submitted with the proposal is acceptable. TABLED ITEMS Nil LOCATION PLAN Lot 632 Wallcliffe Road, Margaret River is a 34ha in area and is located around 3kms west of the Margaret River town centre. The site is sandwiched between low density residential development to the east, the historic setting of the Basildene Farmhouse to the north, the Margaret River speedway to the west and Shire Reserve to the south. Lot 632 is evident in Figure 1 below.


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Figure 1: Lot 632 Wallcliffe Road, Margaret River The Site is characterised by large areas of remnant vegetation, consisting of Marri and Karri woodland and open forest with Peppermint understorey. Initial environmental investigations of the Site have identified around fifty-one (51) potential habitat trees. Two minor watercourses traverse the Site forming tributaries from the Yalgardup Brook. Within the northern portion of the Site there are pockets of land that are not vegetated, having been previously cleared. The entire Site has been subject to disturbance by timber harvesting and grazing; however, the vegetated portion of the Site is considered of a ‘good’ quality condition. The Site is generally bordered by remnant vegetation with some scattered development. The area to the North has been developed for rural residential development, and the immediate northern neighbouring Site contains the former Basildene Manor farmhouse, a building recognised for State Heritage significance. East and South of the Site are a number of low density residential and rural residential lots. Immediately to the west of the site is the Margaret River Speedway and a former landfill site to the south west. BACKGROUND The history of Lot 632 has been summarised below: • In April 1993 the Council resolved to initiate the rezoning of the Site from Rural to Special Rural

with lots sizes ranging from 1ha – 2.5ha (approx. 25 lots); • In December 1993 the above amendment was deferred pending the resolution of the possible

speedway relocation. The relocation of the speedway did not transpire, and in September 1996 Council granted the speedway a 10 year lease to allow the club to continue to operate;

• Mid 1996 as a result of the Councils Draft District Planning Scheme that identified the site as an urban settlement precinct, an alternative plan was prepared with a range of lot sizes from 2000 – 4000m²;

• In September 1996 the Council requested the above proposal be modified to reflect a clustered format, with a buffer area between the subdivision and the speedway site. The plan was subsequently modified and included larger lots, a 50m vegetated buffer to the speedway, and created clustered smaller lots in the central eastern portion of the Site;


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• In June 1997 the Councils Development Services Committee resolved to initiate an amendment to rezone the Site to Special Residential zone (provide larger residential lots) subject to various conditions and the advertisement of the proposal;

• Following the close of the advertisement period the proponent addressed submissions and further modification to the proposal were made;

• In June 1998 Council resolved to not proceed with the rezoning of the site to Special Residential. The Councils preference was for the Site to be developed for larger lot zoned Special Rural type development;

• In 2008 the Council received an In-principle Scheme Amendment to TPS11 to rezone the Site from ‘Rural’ to ‘Special Use’. The proponent was advised to withdraw the proposal until such time as the Local Planning Strategy (LPS) was finalised;

• The LPS was adopted in April 2011. The Site was identified as a Development Investigation Area DIA M10. The specific recommendations and provisions of the LPS are included later in this report.

During the review of the history of Lot 632 it is evident that the same issues arise with proposals that were put forward to Council. These issues are: • Ensuring that any layout of development protects the significant environmental values of the

property; • Proposals are required to address noise emissions from the Margaret River Speedway; • Heritage values of Basildene Manor farmhouse; • Visual management; • Creating an access through the Margaret River Speedway; and • Matters in association with addressing the adjacent former landfill site.

These same issues have been raised with the latest proposal. More detailed discussions in regards to these issues are provided in more detail later in this report. THE PROPOSAL Following adoption of the Local Planning Strategy the proponents are seeking in-principle support from the Council to rezone the land to facilitate future residential development. The proposal presented to Council includes a preliminary concept plan included as Attachment 1 that shows: • 31 Residential lots ranging in size from 1070m² up to 1.4ha; • Low key tourist development site for Bed and Breakfast or Guest House, located within a building

envelope within the remaining 19.32ha; • Access created through adjoining speedway Site through to Wallcliffe Road; • Areas of public open space; • Associated access roads; • Bushfire planning mitigation. PLANNING FRAMEWORK Relevant planning documents and their implications are as follows. Local Planning Scheme No.1 Lot 632 is zoned General Agriculture under LPS1, the purpose of the zone is to provide for a broad range of potential agricultural activities. Under the provisions of the current zone the lot can be developed with a single dwelling and potentially low key tourism development such as chalets or a campground. Local Planning Strategy The LPS identifies Lot 632 as Development Investigation Area M10 as shown below in Figure 2 below.


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Figure 2: Extract from LPS identifying Lot 632 as DIA M10 The LPS identifies DIA’s as possible future development areas. The further consideration of areas that have been identified as DIA’s require vigorous investigation and assessment through the formal scheme amendment process. When considering a possible rezoning the Council needs to be satisfied on the suitability for the envisaged land use, the need for that land use and the appropriate staged release of land (i.e. particularly where part of a broader townsite expansion area) to ensure the Local Government's planning objectives are achieved. It cannot be construed that when a site is included as a DIA that it will automatically be supported for rezoning. The LPS provides the following specific provisions that relate to Lot 632: • DIA M10 is potentially suitable for clustered special rural/special residential development which

protects the site’s landscape values, addresses potential visual impacts from adjacent properties and Wallcliffe Road and preserves the historic values and setting of Basildene Manor.

The LPS further includes a staging priority for the DIA’s, the following applies to Lot 632:

FDA/DIA No.

Size (ha) approx

Staging priority

Development

DIA – Potential Future Additional “Capacity” within life of LPS

M10 34ha 2 Clustered rural residential/special residential. Access, fire and retention of native vegetation primary considerations.

Lot 632 has been identified as a DIA, with a staging priority of 2. The LPS recommends a staging of development to ensure strategic timing of land release. Stage 2 DIA’s were to be progressed after stage 1, which was envisioned to be after 2012. The intent of staging the DIA’s is to ensure that development occurs in a reasonable logical and efficient manner, but also needs to be applied with a degree of flexibility. State Planning Policy 6.1 – Leeuwin Naturaliste Ridge (LNRSPP)


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The LNRSPP identified Lot 632 within the Development Investigation Area (DIA). The objectives of DIA’s within the LNRSPP are similar to that of the LPS. The intention is that DIA’s are a guide to potential development but require detailed investigation prior to subdivision and development, including form, function and design. DISCUSSION Discussions and meetings with the proponent have taken place prior to the In-Principle Scheme Amendment being presented to Council. The initial proposal submitted to the Shire has been modified to address some of the initial concerns that were raised with the layout and lot configuration. The proposal now presented to Council is considered to be a significant improvement, but there are still a number of fundamental matters and additional assessments that will be required before rezoning and a structure plan can be supported. The following areas of the proposal require additional investigation. Given the significant constraints to development of the Site, any modification to the zoning (Scheme Amendment) should only be supported where the development outcomes can be satisfactorily demonstrated through an appropriate structure plan. Environmental Values Resolution of the layout of the proposal is a critical consideration to ensure the significant environmental qualities of the Site are retained and preserved. An initial environmental report has been conducted that indicates that the Site contains Western Ringtail Possums, up to 51 potential habitat trees for Black Cockatoos and at the time of the survey, a significant number of kangaroos. Initial studies that have been undertaken demonstrate the high level of biodiversity within the Site. The layout, lot configuration and lot sizes are fundamental components of the proposal that can ensure the least amount of impact upon the significant environmental qualities found within the Site. In its current state the layout identified in the draft structure plan is considered to have an unacceptable impact upon the environmental qualities of the Site. There are key areas that will require further evaluation should a formal proposal be put to the Shire, specifically: • Lot size and configuration is to ensure that habitat trees and areas supporting possums can be

retained. An additional fauna survey is to be undertaken in the appropriate season. • Any clearing of vegetation including for fire mitigation purposes will only be considered within those

areas of vegetation that are degraded. • All clearing for fire mitigation must be achieved within individual lot boundaries. Noise Mitigation / Adjacent Speedway The Site is directly adjacent to the Margaret River Speedway. The Speedway creates a level of noise that is likely to exceed the Environmental Protection Noise Regulations limits for future dwellings. The Speedway currently operates under an exemption order that allow these limits to be exceeded for a limited duration and under special conditions. Given that extension of the Speedway lease is currently under consideration and may see the Speedway remain in the medium term, and detailed proposal for development of the Site will need to fully explore this issues and provide for an appropriate outcome that would create a reasonable level of amenity for future residents. Heritage The former Basildene Manor farmhouse is a building included in the State Register of Heritage Places as a permanent entry, and is considered a building of exceptional level of significance in the Shires Heritage Inventory. Basildene is one of only 8 sites within the Shire that have been included in the State Register. Basildene is considered to have high aesthetic values for its design and craftsmanship and the building is highly valued by the community. Any rezoning of Lot 632 would be required to demonstrate that the proposal would not compromise the character and setting of Basildene Manor. Visual Impact Visual management is a critical consideration of assessment given the importance of the land in the local landscape. The site is located within Visual Management ‘A’ which requires that development or changes in the land use should result in an inevident visual alteration to the landscape. Additional visual surveys will be required to demonstrate that any future development will not be obtrusive in the landscape and in particular as viewed from Wallcliffe Road.


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Other Matters Resolution as to the suitability of an access being created through the Margaret River Speedway and the implications of a possible contamination site from the former Margaret River Tip Site are both areas that will require further assessment and investigation as part of a formal scheme amendment process. Officers Recommendation Due to the number of significant outstanding issues and constraints for this site, officers recommend that Council does not provide in-principle support at this time. CONSULTATION AND ADVICE Detailed consultation with the community and government agencies will be undertaken through the formal scheme amendment process should the matter proceed to that stage. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS To implement the revised Proposal modifications are required to LPS1 by way of scheme amendment. Scheme Amendments are considered under the statutory framework set by the Town Planning Regulations. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016-2020 Goal 3: Managing Growth Sustainably Community Outcome: Clearly Defined Areas for Growth and Renewal Strategic Response: Implement Local Planning Scheme No. 1 Service level strategy/plan: Provide Planning Services FINANCIAL IMPLICATIONS There are no direct financial implications. Amendments are funded by the proponent on a cost recovery basis. SUSTAINABILITY IMPLICATIONS Environmental There are significant environmental implications from the implementation of future development. The proposal requires further work in order to ensure the protection of the environmental values of the Site. Social The proposal provides the opportunity to grow the community of Margaret River however requires further revision to address key issues. Economic The proposal provides the opportunity to strengthen the economy of Margaret River through additional economic activity. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council does not support the initiation of the In-Principle Scheme Amendment and Structure Plan until investigations and assessments have been undertaken to the satisfaction of the Council, including modification of the Structure Plan to include:

a) Lot size and configuration designed to ensure that habitat trees and areas supporting possums can be retained;

b) An additional fauna survey is to be undertaken in the appropriate season and modifications to the Structure Plan to reflect the findings;

c) Any clearing of vegetation, including for fire mitigation purposes to be within those areas of vegetation that are identified as degraded;

d) All clearing for fire mitigation achieved within individual lot boundaries; e) A Heritage Impact assessment on Basildene Manor; f) Visual management assessment of the site and of views to the site from Wallcliffe Road;


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g) Noise study assessing the impact that the speedway may have on the future lots created, and measures to address conflict from the ongoing use of the Speedway;

h) Investigations to the possibilities of a contaminated site from the former landfill site; and i) Confirmation from Department of Fire and Emergency Services that the Bushfire Management

Plan submitted with the proposal is acceptable. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Structure Plan

ADDENDUM

11.2.1 IN-PRINCIPLE SCHEME AMENDMENT – LOT 632 WALLCLIFFE ROAD, MARGARET

RIVER Item 11.2.1 concerns a request for in-principle support to a potential scheme amendment that would enable predominantly low-density residential development of portion of Lot 632 Wallcliffe Road, Margaret River. As detailed in the report, the Site has been identified for a potential form of urban development for a significant period and is a Development Investigation Area within the Local Planning Strategy (LPS). Development of the Site is constrained by a number of factors and accordingly the in-principle request was supported by a draft Structure Plan (termed preliminary concept plan) to provide an outline of a possible development concept. While the concept requires further refinement it is possible, and supported by preliminary technical information, that a limited form of development could be provided in a manner that responds appropriately to site constraints. The attached version of the ‘preliminary concept plan’ identifies the proposal to date with reference to the characteristics of the Site. Through further engagement with the applicant, it is evident that there is a willingness and potential to respond to the site constraints and further refine the proposal. The proponent also has noted that a degree of support would be required to invest the substantial resources necessary to thoroughly investigate issues associated with future development of the Site and to prepare an appropriate response. Accordingly, an alternative recommendation is as follows: Recommendation That Council: 1. Supports, in-principle, modification to the zoning of Lot 632 Wallcliffe Road, Margaret River. 2. Advises that any rezoning of Lot 632 Wallcliffe Road, Margaret River will only be initiated once

satisfactory resolution of the following has been achieved through formal Scheme Amendment documentation and preparation of an appropriate Structure Plan, including: a) Lot size and configuration designed to ensure that habitat trees and areas supporting western

ringtail possums is retained. b) An additional fauna survey undertaken in the appropriate season and the Structure Plan to

reflect the findings of this survey, including necessary protection of identified habitat. c) Any clearing of vegetation, including for fire mitigation purposes to be within those areas of

vegetation identified as degraded. d) All clearing for fire mitigation achieved within individual lot boundaries. e) A Heritage Impact assessment on Basildene Manor. f) Visual management assessment of the site and of views to the site from Wallcliffe Road. g) Noise study assessing the impact that the speedway may have on the future lots created, and

measures to address conflict from the ongoing use of the Speedway. h) Investigation of the possibilities of a contaminated site from the former landfill site. i) Confirmation from Department of Fire and Emergency Services that the Bushfire Management

Plan submitted with the proposal is acceptable.


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Cr Townshend moved the recommendation with the following additional text as highlighted in red:

MODIFIED RECOMMENDATION / COUNCIL DECISION CR TOWNSHEND, CR LANE OM2017/84 That Council: 1. Supports, in-principle, modification to the zoning of Lot 632 Wallcliffe Road, Margaret River. 2. Advises that any rezoning of Lot 632 Wallcliffe Road, Margaret River will only be initiated

once satisfactory resolution of the following has been achieved through formal Scheme Amendment documentation and preparation of an appropriate Structure Plan, including: a) Lot size and configuration designed to ensure that habitat trees and areas supporting

western ringtail possums is retained, including retention of vegetation that is likely to develop habitat value through protection.

b) An additional fauna survey undertaken in the appropriate season and the Structure Plan to reflect the findings of this survey, including necessary protection of identified habitat.

c) Any clearing of vegetation, including for fire mitigation purposes to be within those areas of vegetation identified as degraded.

d) All clearing for fire mitigation achieved within individual lot boundaries. e) A Heritage Impact assessment on Basildene Manor. f) Visual management assessment of the site and of views to the site from Wallcliffe Road. g) Noise study assessing the impact that the speedway may have on the future lots created,

and measures to address conflict from the ongoing use of the Speedway. h) Investigation of the possibilities of a contaminated site from the former landfill site. i) Confirmation from Department of Fire and Emergency Services that the Bushfire

Management Plan submitted with the proposal is acceptable. j) Investigation of necessary buffer requirements to tributaries of the Yalgardup Brook and

incorporation into a future Structure Plan, including measures for rehabilitation of the riparian zone.

CARRIED 7/0 REASON Cr Townshend spoke to the motion highlighting the need to look to the future, to ensure the area is rehabilitated so to avoid further degradation that may occur because of people living there.


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11.2.2 SCHEME AMENDMENT 51 AND RELATED STRUCTURE PLAN FOR INITIATION - DEVON DRIVE MARGARET RIVER

LOCATION/ADDRESS Lot 37 Devon Drive Maragert River APPLICANT/LANDOWNER Halsall & Associates / L and T Kent FILE REFERENCE LND/1/51SASP REPORT AUTHOR Matt Cuthbert, Strategic Project Officer AUTHORISING OFFICER Dale Putland, Director Sustainable Development

IN BRIEF • Lot 37 Devon Drive (the Site) is a single rural residential zoned lot, located west of the Margaret

River Town centre. • The Shire’s Local Planning Strategy supports the re-subdivision of rural residential land in

appropriate locations. • The Site together with adjoining Lot 1238 are the only lots in the immediate locality not located

within either the ‘RR15’ or ‘RR17’ special provision areas, which would otherwise allow them to be further subdivided.

• It is proposed to amend the scheme so that the Site becomes part of special provision area ‘RR17’, consistent with surrounding lots.

• A structure plan is currently applicable to the adjoining lot to the south and it is also proposed to modify that structure plan by including the Site and setting out how it could be further subdivided into three lots.

RECOMMENDATION That Council initiates Amendment 51 and the related Structure Plan. TABLED ITEMS Nil SITE AND SURROUNDS The subject land is 3.006ha in size and located with access via a battleaxe leg from Devon Drive. It is developed with a single house. A small stand of remnant vegetation exists on the south west corner of the lot. The balance of the lot is otherwise cleared apart from scattered (non-native) trees. The Site together with adjoining Lot 1238 are the only lots in the immediate locality not located within either the ‘RR15’ or ‘RR17’ special provision areas, which would otherwise allow them to be further subdivided (see figure 1). BACKGROUND Structure Plans were adopted by Council in 2011 for adjoining land in the ‘RR15’ and ‘RR17’ precincts. As shown at Figures 2 and 3, the Site abuts those areas included in the Structure Plans.


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Figure 1 – Subject Land.

Figure 2 – Excerpt from Structure Plan – LPP15


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Figure 3 - Except from Structure Plan – LPP17 THE PROPOSAL The proposal is put forward by the owners of Lot 37 Devon Drive, who wish to subdivide the existing property into three survey strata lots. The proposal consists of two elements being a scheme amendment and local structure plan. The purpose of the scheme amendment is to modify the scheme maps and text to include Lot 37 within Rural Residential Area 17 (‘RR17’) and as such being subject to the applicable provisions of Schedule 7. Those provisions are proposed to be modified slightly such as they refer to the need for a Structure Plan (not Detailed Area Plan) to reflect contemporary planning requirements and to change reference from a minimum lot size of 1ha to an average of 1ha. The second component of the proposal is a modified Structure Plan which currently relates only to 391 and 392 Devon Drive. The extent of the structure plan will be extended to encompass the subject land and to depict a future subdivisional layout for the lot which would allow subdivision into three lots (see Figure 4). PLANNING FRAMEWORK Local Planning Scheme No. 1 (LPS1) The subject land is zoned ‘Rural Residential’. It is proposed to include the land within Rural Residential Area No. 17 (‘RR17’) within which the following provisions apply:


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Figure 4 – Existing Scheme Provisions Local Planning Strategy (LPS) Council’s policy position with respect to the re-subdivision of rural residential land is articulated at section 3.3.5 of the LPS which defines locational and design criteria. Design Criteria particularly relevant to the subject land are:

a) Subdivision at a ratio of less than 1ha (average) will not be supported. b) Lots of not less than 4000m2 may be considered where a clustered subdivision approach is

appropriate notwithstanding that the 1ha average lot size will still need to be met. c) Rezoning and structure planning necessary to support subdivision should be undertaken on a

precinct (rather than lot by lot) basis unless completing a pattern of subdivision. d) Subdividers will be required to contribute to the proportional upgrade of infrastructure necessary

to adequately service the intended additional population. e) Opportunities for re-subdivision should seek to provide enhanced environmental outcomes. f) A bushfire hazard assessment and Bushfire Management Plan is to be prepared and

implemented at the time of subdivision. CONSULTATION If an Amendment is initiated by Council, consultation will occur in accordance with the Planning and Development (Local Planning Scheme) Regulations 2015. DISCUSSION Inclusion of Lot 1238 Lot 1238 which adjoins the Site, does not form part of the proposal as presented. If amendments to the scheme as proposed are ultimately approved, Lot 1238 will be the only lot in the locality which does not fall into either the ‘RR15’ of ‘RR17’ precincts, and therefore unable to be considered for further subdivision. Lot 1238 displays the same characteristics as the subject land, and should therefore be subject to the same planning controls. Inclusion in the ‘RR17’ precinct will not compel the land owner to subdivide, but would provide a pathway for doing so, if desired. In the interests of achieving an equitable and uniform planning framework, it is recommended that the amendment be modified to include Lot 1238 within the RR17 precinct. Shire staff have discussed the matter with the owners of Lot 1238 who do not object to their property being included within the amendment however do not wish to produce a structure plan for their lot at this point as they do not wish to subdivide for the foreseeable future. Density The Site at 3.006ha has sufficient land area to be subdivided into three one hectare lots. Given the land area required for common property access however, proposed lots are slightly less (400m2) than the 1ha minimum that applies to the ‘RR17’ precinct.


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In order to regularise this situation and consistent with the Shire’s position on lot sizes as articulated by the LPS, it is proposed to modify the scheme provisions applicable to ‘RR17’ so that an average rather than minimum size of 1ha is required. Subdivision Design The Site currently gains access to Devon Drive via a 5m wide battleaxe leg. This will also be the case for proposed lots 372 and 373. A portion of the leg will be ‘common property’ such that its use and maintenance will be shared by all lots. A significant jarrah tree is located in the intended path of the battleaxe leg as shown at figure 5. The access leg should be widened or deviated at this point to allow retention of this tree and a recommendation is included accordingly. An emergency fire access reserve is located abutting the southern boundary of the lots. This allows entry and escape to and from the lots in either an easterly direction linking to Devon Drive or a westerly direction linking with Kevill Road. Bushfire Management The submitted bushfire management plan identifies that future development upon proposed lots 372 and 373 can be built to a Building Attack Level (BAL) of 12.5. This indicates a low level of bushfire risk and is an acceptable level as stipulated by the Planning for Bushfire Prone Area Guidelines. Given the absence of vegetation upon the proposed lots, clearing for bushfire management is not required.

Figure 5 – Excerpt from proposed Structure Plan


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STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016-2020 Goal 3: Managing Growth Sustainably Community Outcome: Clearly defined areas for growth and renewal Strategic Response: Implement Local Planning Scheme No. 1 (LPS1) Service Level Strategy/Plan: Provide Planning Services FINANCIAL IMPLICATIONS The applicant has paid a fee to facilitate review of the proposal by Shire staff. SUSTAINABILITY IMPLICATIONS Environmental The consolidated nature of remnant vegetation in the south of the site allows future development to occur without unacceptable clearing. Social Surrounding residents will be consulted regarding the potential impact of the proposal on their amenity. Economic The subdivider will be required to pay ‘developer contributions’ prior to the creation of lot titles. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Pursuant to section 72 of the Planning and Development Act 2005, amend the above Local

Planning Scheme by modifying Schedule 7 as it relates to ‘RR17’ as follows:

Scheme Map Reference No.

Site Description Specific Conditions and Requirements

R-R 17 Lots 9, 10 and 39 Devon Drive 37, 1238, 391 and 392 and 36 Kevill Road, Margaret River

1. The local government will not support any proposal to re-subdivide the land until such time as Detailed Area Plan has been prepared and adopted for the land in accordance with the Scheme having regard the relevant considerations for the preparation of such a plan at Clause 6.2.8 a Structure Plan has been prepared and adopted for the land in accordance with the Scheme or subsequent Structure Plan approved by the Western Australian Planning Commission, in accordance with the process set out in Part 4 of the Deemed Provisions.

2. All vegetation on the land shall be preserved

unless dead or dangerous or required to be removed to give effect to an approved subdivision or development.

3. Notwithstanding the provisions of Clause

4.21 of the Scheme, the minimum average lot size for re-subdivision of the land shall not be less than 1 hectare.


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2. Determines that the Amendment is ‘standard’ under the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reason:

“an amendment that is consistent with a local planning strategy for the scheme that has been endorsed by the Commission”

3. Determines that the proposed Structure Plan for Lots 9, 10, 37, 391 and 392 Devon Drive and

36 Kevill Road, Margaret River dated December 2016 complies with clause 16 (1) of the Deemed Provisions of LPS1, and can therefore be advertised, subject to: • The format of the Structure Plan and document being made to comply with the WAPC’s

Structure Plan Framework. • The mature jarrah tree located within the proposed battleaxe leg being marked as “to be

retained” and the access leg modified accordingly. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Proposed Structure Plan RECOMMENDATION / COUNCIL DECISION CR KENNAUGH, CR HASTIE OM2017/85 That Council: 1. Pursuant to section 72 of the Planning and Development Act 2005, amend the above Local

Planning Scheme by modifying Schedule 7 as it relates to ‘RR17’ as follows:

Scheme Map Reference No.

Site Description Specific Conditions and Requirements

R-R 17 Lots 9, 10 and 39 Devon Drive 37, 1238, 391 and 392 and 36 Kevill Road, Margaret River

1. The local government will not support any proposal to re-subdivide the land until such time as Detailed Area Plan has been prepared and adopted for the land in accordance with the Scheme having regard the relevant considerations for the preparation of such a plan at Clause 6.2.8 a Structure Plan has been prepared and adopted for the land in accordance with the Scheme or subsequent Structure Plan approved by the Western Australian Planning Commission, in accordance with the process set out in Part 4 of the Deemed Provisions.

2. All vegetation on the land shall be

preserved unless dead or dangerous or required to be removed to give effect to an approved subdivision or development.

3. Notwithstanding the provisions of Clause

4.21 of the Scheme, the minimum average lot size for re-subdivision of the land shall not be less than 1 hectare.

2. Determines that the Amendment is ‘standard’ under the provisions of the Planning and

Development (Local Planning Schemes) Regulations 2015 for the following reason:


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“an amendment that is consistent with a local planning strategy for the scheme that has been endorsed by the Commission”

3. Determines that the proposed Structure Plan for Lots 9, 10, 37, 391 and 392 Devon Drive

and 36 Kevill Road, Margaret River dated December 2016 complies with clause 16 (1) of the Deemed Provisions of LPS1, and can therefore be advertised, subject to: • The format of the Structure Plan and document being made to comply with the

WAPC’s Structure Plan Framework. • The mature jarrah tree located within the proposed battleaxe leg being marked as “to

be retained” and the access leg modified accordingly. CARRIED 7/0


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11.2.3 SCHEME AMENDMENT 44 AND ASSOCIATED STRUCTURE PLAN FOR FINAL APPROVAL LOCATION/ADDRESS 10296 (Lot 122) Bussell Highway, Witchcliffe APPLICANT/LANDOWNER Glenn Ahola - Ahola Planning FILE REFERENCE PTY/5337 (P216220) REPORT AUTHOR Lucy Gouws, Planning Officer AUTHORISING OFFICER Dale Putland, Director Sustainable Development

IN BRIEF • Council resolved on 28 September 2016 to initiate Amendment 44 for the purpose of advertising. • The proposal seeks to rezone Lot 122 Bussell Highway, Witchcliffe (the Site) from Priority

Agriculture to the Future Residential zone to facilitate the future subdivision and development of the site into 42 residential lots.

• In initiating amendment 44 Council recommended the inclusion of a temporary road reserve across the Wadandi Trail to facilitate access to the eastern portion of the site.

• The applicant has made minor modifications to proposed lot configuration identified in the Structure Plan to increase the retention of vegetation that exists within the northern portion of the Site, and to protect significant habitat trees.

• During consultation two (2) private submissions were received and ten (10) were received from government agencies. Of the government submissions the most significant have been from Main Roads in relation to the requirement for the upgrading of Rowe Road West to Bussell Highway intersection, and Department of Parks and Wildlife in relation to ensuring the future protection of the biodiversity values of the adjacent conservation lot, Lot 121.

• The proposal also relies on the provisos of onsite effluent disposal. Given the potential outcome of the Witchcliffe Village Strategy review modification to the Structure Plan should be made to capture potential servicing requests.

RECOMMENDATION That Council pursuant to section 75 of the Planning and Development Act (2005) adopts Scheme Amendment 44 to Local Planning Scheme No. 1 for final approval. TABLED ITEMS Nil SITE AND SURROUNDS The Site is located 700m to the north of the village of Witchcliffe (see Figure 1). A blue gum plantation is located upon Lot 1003 which abuts the southern boundary of the Site. Lot 1003 is zoned Future Development, and has a related Structure Plan which identifies its future development for residential purposes, forming a major component of the Witchcliffe Village expansion. Until recently the Site has been used for commercial tree production. These trees were harvested in 2015, and the Site has since been returned to paddocks. An area of native vegetation exists within the northern portion of the Site, which is contiguous with vegetation found in Location 1035 to the north. There are a number of isolated trees scattered through the site. The Wadandi Trail runs through the site creating two separate parcels of land. Lot 121 to the west is densely vegetated and under a Conservation Covenant.


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Figure 1: Site Plan THE PROPOSAL The proposed Scheme Amendment and associated Structure Plan seek to rezone the land to Future Development to facilitate the future residential subdivision of the Site. The Structure Plan presented to Council for final approval reflects modification previously required by Council. The Structure Plan is included as Attachment 1. The main changes to the Structure Plan included:

• A reconfiguration of the boundary lines of the lots within the western portion of the site to ensure the significant habitat trees were not located on future lot boundaries,

• A reduction in the number of lots from 42 to 41; • Increasing the sizes of Lots 24 – 26 to ensure the protection of vegetation that exists in the

northern portion of the Site; • Reconfiguration of the building envelopes within Lot 24 – 28 to further assist in the future

protection of the vegetation within the northern portion of the Site; and • Relocating the road reserve in the eastern portion of the Site further south adjacent to the

boundary improving the future connection of the Site with the southern development of Lot 1003.

A requirement under the Witchcliffe Village Strategy (WVS) is that proposals demonstrate compliance with ‘sustainability’ requirements. The applicant has prepared a Sustainability Initiatives report demonstrating how future development will comply with a number of sustainability initiatives. However, while this report outlines a number of sustainability outcomes, there was no measurable way of ensuring these recommendations will be met by future landowners. A solution has been agreed upon requiring that all new dwellings must achieve an additional 1-star rating under the current Home Energy Rating System, whilst also being designed with their living areas located on the northern elevations. Both these components are tangible recommendations that will ensure enhanced energy efficiency for future developments and are considered to meet sustainable requirements of the WVS. A provision has been added to the Scheme Amendment provisions of SPA 26 under Schedule 11 to reflect this. Development will be required to capture rainwater on site in the absence of reticulated water supply. BACKGROUND The initial WVS (2009 – since reviewed) included a requirement that the Site referred to as “Cell 6” should only be developed "upon the substantial completion of Cells 1-4". The objective of the


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requirement was to ensure that the substantive townsite expansion proposed by the village strategy was completed before lower density lifestyle lots, which form a buffer between the town and surrounding rural lands, were progressed. The Witchcliffe Village Strategy (WVS) was reviewed in 2012 (see Figure 2 below). The owner of the Site (cell 6 in the WVS) made a submission during the consultation period requesting that the staging requirements be removed in order to allow the land to be developed in the short term. Council agreed to this request and the current WVS does not include a staging requirement. In 2014 the vegetated Lot 121 to the west was exercised from the Site and placed under a conservation covenant, consistent with the intended conservation of the Site under the WVS. A structure Plan was approved for the land abutting the southern boundary of the subject land (Lot 2, Redgate Road) in 2010. This Structure Plan for land to the south provides for road connections to both the eastern and western portions of the Site PLANNING FRAMEWORK The following documents set out the planning framework applicable to the proposal:

• Statement of Planning Policy No. 6.1 Leeuwin Naturaliste Ridge (LNRSPP). • Shire of Augusta Margaret River Local Planning Scheme No. 1 (LPS1). • The Local Planning Strategy (LPS). • The Witchcliffe Village Strategy (WVS).

The LNRSPP establishes a settlement hierarchy for the region and identifies a number of settlements including Witchcliffe as a ‘Village’ to accommodate a population of between 500-2,000 people. Under the LPS and the WVS the Site is identified as an area to accommodate future growth of the town. The LPS identifies the Site as a Development Investigation Area (DIA) W3 and the WVS identifies the Site as ‘Cell 6 – Residential’. The WVS outlines that the Shire will consider a Scheme Amendment and Structure Plan to facilitate residential development, which is to be guided by the following parameters: • Potential lot yield (approximately) 36 lots; • Lot range 2,000m2 to 5,000m2 (R5-R2); • The density, scale and form of subdivision to be determined through Statutory Planning; • Subdivision design is to maximise the retention of remnant vegetation and provide a transition

between the adjacent Rural Residential and Residential lots; • Proposals are to demonstrate compliance with the ‘sustainability’ requirements of the Strategy; • Subdivision and subsequent development is to be screened from Bussell Highway - provide an

average 20-30 metre buffer as a visual separation to Bussell Highway to maintain rural and village amenity along the northern entry corridor;

• Address fire risk and fire hazard planning; • Incorporate public health planning principles into design and implementation; • Subject to provision of water supply and sewerage services; grey-water re-use; capture and re-

use of rainwater; environmentally sensitive housing development and sustainable energy use. CONSULTATION The proposed Scheme Amendment and Structure Plan were advertised in accordance with the provisions of Town Planning Regulations 1967 and Local Planning Scheme No. 1. During the consultation process two submissions were received from neighbouring landowners, one of support and one indifferent. Nine submissions were received from government agencies including DER, DPaW, DoW, Department of Agriculture and Food, FESA, Western Power, Main Roads and Department of Health. A detailed of the schedule of submissions is included as Attachment 2. DISCUSSION / OFFICER COMMENTS The Initiation Report to Council on the 28 September 2016 stated that proposed Amendment 44 and Structure Plan is considered generally consistent with the strategic direction provided by the LNRSPP, Witchcliffe Village Strategy and the Local Planning Strategy (LPS). The Scheme Amendment report


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and Structure Plan were adjusted in accordance with Council’s resolution of 28 September 2016 prior to referral to the EPA, other Government Agencies and advertising to the public. Waste Water Management The Structure Plan assumes that waste water will be treated on site. Geotechnical investigations considered that the Site was found to have good drainage, with some areas of imperfect drainage. The majority of the Site was found to be suitable for conventional on-site effluent disposal, however there are some areas that will be better suited to the alternative treatment systems such as aerobic treatment units (ATUs). The Structure Plan recommends that these matters are dealt with through detailed design of the on-site effluent disposal systems. Department of Water (DoW) has agreed with the findings of the geotechnical investigation but has recommended that ATU systems are used across the Site. It is not considered necessary to impose a condition that all lots use an ATU system, when it has been identified that there are some areas within the site where a conventional system could be used. It is considered to be more appropriate to require at the time of the development, usual site and soil assessment (specifically from each lot’s wastewater disposal area) for each lot showing soil types and depth to groundwater or impermeable clay/ caprock. The Shire is also currently reviewing the WVS, primarily related to future servicing solutions and the implications for density and un-serviced development. A potential outcome arising from this review is a centralised servicing solution that may enable the connection of all urban lots within Witchcliffe to a reticulated waste water system. Whilst on-site servicing may be an acceptable solution for this development, provisions should also be made for connection to reticulated sewer if this becomes a viable option. Initiation of the proposal (September 2016) it was noted that a servicing report will need to reflect the WVS review outcomes. Access Arrangements Main Roads requires the upgrade of Rowe Road West and the intersection to Bussell Highway to a design that will cater for the full development of this and adjacent land. The intersection design will need to deal with the combined projected traffic volumes that will be generated from the Site, and the recent subdivision that has occurred on the northern Lot 1035 Rowe Road West. The applicant has agreed to an additional provision to be added to the subdivision conditions of the Structure Plan that will require further analysis and intersection improvement if necessary. This will be required to be reviewed at the subdivision stage in consultation with Main Roads. Main Roads requires that the existing crossover to the south of the site to be decommissioned upon completion of the development of Lot 2 Redgate Road, to the south. This arrangement is considered acceptable in the interim until the southern development of Lot 2 Redgate Road is completed. Upon that time when Lot 2 Redgate Road is developed the existing crossover that serves the EAW will be required to be decommissioned. An additional subdivision condition of the Structure Plan will be added to reflect this requirement. Vegetation Protection and Conservation Values The sizes of the building envelopes limit develop within Lots 9 and 24 – 30 to allow for the protection of the vegetation where a number of the significant habitat trees exist. The envelopes have been moved away from the vegetation and reduced in size prior to the Structure Plan being referred to government agencies. The size and location of the building envelopes are considered to be acceptable, and are not excessive in size. This is further supported by the findings of the Bushfire Management Plan (2016) which finds that the Site contains minimal bushfire hazard and the remnant vegetation is considered to be a low to moderate hazard given the lack of understorey. The BMP concludes that future dwellings can be built to a standard at BAL-29 or lower. The sizes and location of the building envelopes are considered to be acceptable and are not considered to require any further modifications. Additional subdivision conditions of the Structure Plan will be provided to ensure that future pets and stock are restricted in accessed the conservation Lot 121 and it DPaW has advised that there are no cats permitted in the subdivision. CONCLUSION The proposed amendment of zoning for Lot 122 Bussell Highway, Witchcliffe and associated Structure Plan is considered to be generally consistent with the provisions of LPS1, LPS and the WVS. The proponent has satisfactorily addressed the retention of the vegetation and significant habitat trees through modifications to the Structure Plan and associated provisions. The proposal will allow for the


36

creation of an enclave of 41 low density residential lots, whilst not compromising the setting and character of Wadandi Trail and town of Witchcliffe. Some additional modifications to the Structure Plan are recommended:

• Additional fencing on the western boundary of Lot 30 to restrict access of dogs and grazing animals into Lot 121;

• Section 70A notification to be added to state no cats; • Section 70A notification for Lots 1 – 8 that no access to be created onto Bussell Highway; • At the time of the subdivision the upgrading of Rowe Road West and the intersection to Bussell

Highway to the satisfaction of Main Roads; • At the time of the subdivision a bond shall be taken to secure the decommissioning of the

crossover to the Emergency Access Way (EAW). The crossover shall be decommissioned to the satisfaction of Main Roads at the time the development south (Lot 2 Redgate Road) is completed;

• The existing access to Bussell Highway shall be decommissioned, fenced and road verge reinstated to the satisfaction of Main Roads; and

• A condition is added to ensure that lots are connected to reticulated sewage system if potential for this is established at the time of subdivision.

STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 Corporate Business Plan 2016-2020 Goal 3: Managing growth sustainably. Community Outcome: Clearly define areas for growth and renewal Strategic Response: Implement LPS1 FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental An assessment of the environmental features of the site has found that the proposed development can occur without any significant impact to the existing vegetation found within the site. Social The proposed rezoning will allow for more residential development in close proximity to the Witchcliffe Town site which provides for a further range of housing options. Economic The proposal will cater for additional accommodation options to support the potential growth of Witchcliffe population and economy. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Pursuant to section 75 of the Planning and Development Act (2005) adopts Scheme Amendment 44

to Local Planning Scheme No. 1 for final approval by:

a) Rezoning Lot 122 Bussell Highway, Witchcliffe from ‘Priority Agriculture’ to ‘Future Development’ and amending the scheme maps accordingly;

b) Amending the scheme map by including Lot 122 Bussell Highway, Witchcliffe in a Structure

Plan Area (SPA) designated SPA 26 as depicted on the scheme amendment map;

c) In accordance with clause 20 (2)(e) of the Deemed Provisions of LPS1, recommends to the WAPC that the Structure Plan for Lot 122 Bussell Highway, Witchcliffe dated October 2016, be approved; and

d) Modifying ‘Schedule 11 – Structure Plan Area’ by including the following schedule; and


37

Area No.

(SPA)

Description of Land

Area

Land Use Expectations

Matters to be Addressed in Structure Plans (in

addition to clause 6.2.4)

Associated Provisions

26 Lot 122 Bussell Highway, Witchcliffe

Residential The following matters are to be investigated and methods of resolution/implementation are to be addressed by the Structure Plan: • Provision of sustainable

servicing options that considers re-use of greywater and investigation of and if necessary provision for connection to reticulated services.

• Drainage based on water sensitive design principles.

• Retention of remnant vegetation through future development and fire management protection should not compromise the environmental and landscape values of this vegetation.

• Provision of landscape buffer and development setbacks to Bussell Highway to mitigate visual impact on the function of this road as a travel route corridor.

• Preparation of detailed bushfire management planning providing acceptable mitigation of risk from threat of wild fire without compromising the integrity of areas of remnant vegetation.

1. No development will be permitted unless it is in accordance with the Structure Plan approved in the manner prescribed in Clause 6.2 and Schedule 15 of the Scheme.

2. The Structure Plan is to generally conform with the Witchcliffe Village Strategy relating to the land.

3. All new dwellings to be designed to achieve the current BCA +1 star rating under the Home Energy Rating System, and living areas are to be located on the northern elevation of the dwelling.

2. Recommends to the WAPC that the Structure Plan be approved subject to the following additional

provision of the Structure Plan: • Additional fencing on the western boundary of Lot 30 to restrict access of dogs, cats and grazing

animals into Lot 121; • Section 70A Notification to be placed on the Certificate of Titles informing prospective

landowners that no cats. Are permitted within the subdivision; • Section 150 of the Planning and Development Act 2005 & Division 3 of the Planning and

Development Regulations 2009 to be placed on the Certificate of Titles informing landowners for Lots 1 – 8 that no access to be created onto Bussell Highway;

• At the time of the subdivision the upgrading of Rowe Road West and the intersection to Bussell Highway to the satisfaction of Main Roads;

• At the time of the subdivision a bond shall be taken to secure the decommissioning of the crossover to the Emergency Access Way (EAW). The crossover shall be decommissioned to


38

the satisfaction of Main Roads at the time the development south (Lot 2 Redgate Road) is completed;

• The existing access to Bussell Highway shall be decommissioned, fenced and road verge reinstated to the satisfaction of Main Roads; and

• A condition is added to ensure that lots are connected to reticulated sewage system if potential for this is established at the time of subdivision.

ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Structure Plan 2. Schedule of Submissions RECOMMENDATION CR HASTIE, CR SMART That Council: 1. Pursuant to section 75 of the Planning and Development Act (2005) adopts Scheme

Amendment 44 to Local Planning Scheme No. 1 for final approval by:


b) Amending the scheme map by including Lot 122 Bussell Highway, Witchcliffe in a

Structure Plan Area (SPA) designated SPA 26 as depicted on the scheme amendment map;

c) In accordance with clause 20 (2)(e) of the Deemed Provisions of LPS1, recommends

to the WAPC that the Structure Plan for Lot 122 Bussell Highway, Witchcliffe dated October 2016, be approved; and

d) Modifying ‘Schedule 11 – Structure Plan Area’ by including the following schedule;

and

Area No.

(SPA)

Description of Land

Area






Residential The following matters are to be investigated and methods of resolution/implementation are to be addressed by the Structure Plan: • Provision of sustainable

servicing options that considers re-use of greywater and investigation of and if necessary provision for connection to reticulated services.

• Drainage based on water sensitive design principles.

• Retention of remnant vegetation through future development and fire management protection



3. All new dwellings to be designed to achieve the current BCA +1 star rating under the Home Energy Rating


39

should not compromise the environmental and landscape values of this vegetation.


• Preparation of detailed bushfire management planning providing acceptable mitigation of risk from threat of wild fire without compromising the integrity of areas of remnant vegetation.

System, and living areas are to be located on the northern elevation of the dwelling.

2. Recommends to the WAPC that the Structure Plan be approved subject to the following

additional provision of the Structure Plan: a) Additional fencing on the western boundary of Lot 30 to restrict access of dogs, cats

and grazing animals into Lot 121; b) Section 70A Notification to be placed on the Certificate of Titles informing prospective

landowners that no cats. Are permitted within the subdivision; c) Section 150 of the Planning and Development Act 2005 & Division 3 of the Planning and


d) At the time of the subdivision the upgrading of Rowe Road West and the intersection to Bussell Highway to the satisfaction of Main Roads;

e) At the time of the subdivision a bond shall be taken to secure the decommissioning of the crossover to the Emergency Access Way (EAW). The crossover shall be decommissioned to the satisfaction of Main Roads at the time the development south (Lot 2 Redgate Road) is completed;

f) The existing access to Bussell Highway shall be decommissioned, fenced and road verge reinstated to the satisfaction of Main Roads; and

g) A condition is added to ensure that lots are connected to reticulated sewage system if potential for this is established at the time of subdivision.

0/0

Cr Hastie moved the following amendment:

AMENDMENT / COUNCIL DECISION CR HASTIE, CR SMART OM2017/87 That the following be deleted from the conditions: a) The first dot point of 1. D) column 4; and b) Dot point 2. g).

CARRIED 6/1 CR EARL VOTED AGAINST

REASON Cr Hastie spoke to the motion giving reasons of fairness and equity and highlighted the need to be consistent with a recent Council decision relating to another subdivision in Witchcliffe. Cr Hastie, with reference to Mr Richard Vos’s deputation at Item 7, pointed out the uncertainty of using words like


40

‘necessary’ and ‘potential’ within the conditions, which thus may create an uncertainty of what ‘might’ happen in the future. This then became the primary motion and was put to vote: PRIMARY MOTION / COUNCIL DECISION CR HASTIE, CR SMART OM2017/88 That Council: 1. Pursuant to section 75 of the Planning and Development Act (2005) adopts Scheme

Amendment 44 to Local Planning Scheme No. 1 for final approval by:


b) Amending the scheme map by including Lot 122 Bussell Highway, Witchcliffe in a

Structure Plan Area (SPA) designated SPA 26 as depicted on the scheme amendment map;

c) In accordance with clause 20 (2)(e) of the Deemed Provisions of LPS1, recommends

to the WAPC that the Structure Plan for Lot 122 Bussell Highway, Witchcliffe dated October 2016, be approved; and

d) Modifying ‘Schedule 11 – Structure Plan Area’ by including the following schedule;

and

Area No.

(SPA)

Description of Land

Area






Residential The following matters are to be investigated and methods of resolution/implementation are to be addressed by the Structure Plan: • Drainage based on water

sensitive design principles.

• Retention of remnant vegetation through future development and fire management protection should not compromise the environmental and landscape values of this vegetation.


• Preparation of detailed bushfire management planning providing acceptable mitigation of risk from threat of wild fire without compromising



3. All new dwellings to be designed to achieve the current BCA +1 star rating under the Home Energy Rating System, and living areas are to be located on the northern elevation of the dwelling.


41

the integrity of areas of remnant vegetation.

2 Recommends to the WAPC that the Structure Plan be approved subject to the following

additional provision of the Structure Plan: a) Additional fencing on the western boundary of Lot 30 to restrict access of dogs, cats

and grazing animals into Lot 121; b) Section 70A Notification to be placed on the Certificate of Titles informing prospective

landowners that no cats. Are permitted within the subdivision; c) Section 150 of the Planning and Development Act 2005 & Division 3 of the Planning and


d) At the time of the subdivision the upgrading of Rowe Road West and the intersection to Bussell Highway to the satisfaction of Main Roads;

e) At the time of the subdivision a bond shall be taken to secure the decommissioning of the crossover to the Emergency Access Way (EAW). The crossover shall be decommissioned to the satisfaction of Main Roads at the time the development south (Lot 2 Redgate Road) is completed;

f) The existing access to Bussell Highway shall be decommissioned, fenced and road verge reinstated to the satisfaction of Main Roads; and

CARRIED 7/0


42

11.3. Infrastructure Services


43

11.3.1 ROTARY FOREST PLAYGROUND - NATURE PLAY CONCEPT PLAN LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE COR/191 REPORT AUTHOR Johan Louw, Director Infrastructure Services AUTHORISING OFFICER Gary Evershed, Chief Executive Officer

IN BRIEF • The Rotary Forest Playground – Nature Play Concept Plan (‘Concept Plan’) provides guidance for

the future development of Reserve 18451. • Extensive consultation was undertaken including a community workshop attended by over 30

people and through the Shire’s ‘YourSay’ website page viewed by 110 people of which 29 provided responses.

• The Concept Plan provides master planning of the site and layout for key play zones, access paths and nominate suitable locations for different types of play spaces, play equipment and signage. Artwork and an entry statement were also to be included considering aboriginal heritage and the natural environment.

RECOMMENDATION That Council adopts the Rotary Forest Playground – Nature Play Concept Plan as shown in Attachment 1. LOCATION PLAN

TABLED ITEMS Nil


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BACKGROUND Reserve 18451 is located immediately north of the Margaret River and east of Bussell Highway. The site is approximately 28,024m2 and slopes southwards towards the river. The southern portion of the site is developed and contains a footpath network, parking area, toilets, covered BBQ area, a mini train station and rail, play equipment at various locations and picnic table sets scattered throughout this area. The northern portion of the site is undeveloped and is covered by large trees and shrubs. It is mainly this area that is earmarked for further development. There are a number of site constraints including an extensive leach drain to the west, deeply earthy soils over clay and loams high in organic matter, and a sloping gradient towards the river. Ecoscape was employed in 2011 to develop concepts for the development of four nodes including Rendal Weir, Barrett Street Weir, Rotary Park and Caters Weir, as part of the Super Town growth plan preparation works. The Margaret River Super Town – Townsite Growth Plan (2012) endorsed by Council identified the following priority projects (as ranked by Councillors and the Executive Leadership Team): • Southern leg of Perimeter Road and Main Street – Town Centre Works • Surfers Point Precinct Project • Margaret River Foreshores & Gloucester Park • Margaret River Cultural & Events Centre The Growth Plan notes that ‘improvements to the entrance to Margaret River will enhance tourist and resident attraction while ensuring the attributes along the Margaret River Foreshore are protected. In 2014 the Shire of Augusta Margaret River entered into a Memorandum of Understanding with the Rotary Club of Margaret River (Inc) that outlines the roles and responsibilities of each of the parties in the shared management of Rotary Park. Council adopted the Margaret River Foreshores Precinct Plan at the Ordinary Council Meeting on 23 July 2013. The Plan includes the area along the Margaret River from the Illawarra PAW to the confluence with Darch Brook, and then south along Darch Brook to the intersection of Halcyon Crescent. The Plan identifies key recreational nodes for future development. Nodes were classified in accordance the level of development:

• Tier 1: Rotary Park, Old Settlement • Tier 2: Barrett Street Weir, Rendell Close Weir • Tier 3: Ashton St PAW, Illawarra PAW, Rail Trail Bridge, Carters Road Weir, Rope Swing and

Powerline Track. The Plan proposes the development of the masterplan for Rotary Park. In 2015 Rotary wrote to the Shire advising of their wish to further develop the site filled with nature based activities. Rotary formed a steering committee in February 2015 including Shire staff. A Nature Play (WA) representative visited the site and discussed key elements of progressing a nature play development with the steering committee and prepared a scoping brief. Rotary organised consultation with the Margaret River Primary School and the Rotary committee and subsequently developed an overall wish list of inclusions for the space. Development of an overall concept plan for Rotary Park was supported by the steering committee. The Rotary Club has also been working with the Shire to develop a plan for the future development of Rotary Park and offered to fund the development of a Concept Plan for future development of Rotary Park in early 2016. The Shire issued a Request for Quote in April 2016 for landscape architectural consultants to undertake the broad scale site planning of the proposed Rotary Forest Playground within Reserve 18451. Emerge Associates were appointed to commence the project in late June 2016. The intent of the Concept Plan is to provide master planning of the site and layout for key play zones, access paths and to nominate suitable locations for different types of play spaces, play equipment and signage. Artwork and an entry statement were also to be included considering aboriginal heritage and the natural environment.


45

The completed Concept Plan broadly considers the site context (features, grade and tree survey) and provides some design principles. It identifies primary zones that allows the structure of the park be formed by proposed activities. The site is further broken down into secondary zones based on site analysis and the design principles. An access network has been developed that consists of primary, secondary and tertiary path systems. CONSULTATION AND ADVICE External Consultation The Shire’s insurer LGIS undertook a risk assessment of the site. A Project Steering Committee was established consisting of members of the Margaret River Rotary Club and key staff from the Shire of Augusta Margaret River. A community consultation session was held in the Council Chambers on Tuesday 20 September 2016 to seek feedback on the Draft Concept Plan. Over 30 people attended the community consultation session. The consultation session included a group workshop to allow all attendees to provide direct comment and discuss ideas to improve and value-add to the Concept Plan. Towards the conclusion of the workshop each attendee was asked to complete a short survey and questionnaire to obtain information on key user groups and playground equipment and preferences. A survey and questionnaire was also made available on the Shire’s ‘YourSay’ website page for two weeks following the community consultation session. A total of 110 site visits were recorded with 29 people providing responses. Overall the Draft Concept Plan was well supported and some great ideas and constructive feedback was received. Feedback from the community consultation were considered and incorporated in the Final Concept Plan (Attachment 1). Internal Consultation Key internal staff were given the opportunity to participate and comment on the Draft Concept Plan. A report was presented at the Ordinary Council Meeting on 8 February 2017. It was resolved that the item be deferred pending a briefing and a site visit. An onsite briefing was held on 22 March 2017. DISCUSSION / OFFICER COMMENTS In developing the Concept Plan the consultant had to give consideration to the following: 1. Relevant legislation and standards pertaining to the development of the area and the proposed

nature play elements 2. The risks associated with the development of a nature play area and the proposed nature play

elements 3. The existing natural environment to be protected or enhanced, hence careful consideration should

be given to the removal of vegetation or disturbance of natural habitats (avoid if possible) 4. Linkages to the existing and future planned pathways 5. Integration of the proposed nature play elements with the existing habitat 6. Minimising costs associated with the ongoing long term maintenance of nature play elements 7. The impact on the Margaret River (including the immediate foreshore) of any proposed nature play

elements 8. Disability access requirements 9. Aboriginal heritage and how it could be incorporated throughout the site through artwork and

interpretive signage. The Shire’s insurer, LGIS, undertook a risk assessment of the site. The assessment formed part of the brief to the consultants. The consultants engaged Kidsafe to undertake an assessment of the final Concept Plan. As part of the assessment all relevant legislation and standards pertaining to the development of the area and the proposed nature play elements were considered. The existing natural environment to the North East of the reserve is largely protected. Retention of existing access and a broad network of walking trails area are proposed in Play Precinct 3. This negates removal of vegetation or disturbance of natural habitats.


46

The final Concept Plan: • Has reviewed existing path networks adjacent to the playground site and connection off–site. A

pathway hierarchy has been introduced within and around the play precincts; • Integrates the proposed nature play elements with the existing habitat by proposing that existing

trees be retained and the design of play elements consider the use of on-site materials or similar; • Aims to minimise maintenance with guidance for future selection of construction materials and

construction methods of play elements. Entry points are designed for maintenance and vehicular access with existing bushfire access points to edges of the project site to be retained;

• Reduces impacts on the Margaret River (including the immediate foreshore) by preserving the

South-East bushland area adjacent to the river. Fencing of the area is also proposed to afford it a higher level of protection. Only minor redevelopment of already developed areas along the foreshore is proposed;

• Proposes that footpaths and play elements caters for a range of age groups and users with varying

abilities; and • Acknowledges Aboriginal heritage. Consultation with local Aboriginal representatives will be

undertaken in the design artwork and interpretive signage The final Concept Plan shows a proposed extension of the existing car parking area to the north. This will require the removal of vegetation and may introduce traffic issues at the entry to the Brewhouse. This area experiences parking issues during peak periods and a broader assessment of parking provision in this area is required. With the completion of the Perimeter Road, management of this section of Bussell Highway will be transferred to the Shire. This will provide the Shire with an ideal opportunity to develop a long term solution to current traffic, parking, connectivity and pedestrian safety issues experienced at this location. It is therefore proposed that car parking in the area be further investigated to provide a long term solution. A summary of the comments received during the preparation of the Concept Plan is provided in Table 1 below: Table 1: Summary of Community Consultation

Comments

Response

Entry statement • Rotary Park is referred to locally as ‘Old

Kate’ in reference to the historical train located in the site called ‘Old Kate’.

• Concerns the new playground confuse the identity and theme of Rotary Park?

• The desire to create new entry statements directly connecting the town and car parking to the park without creating confusion with adjacent sites.

The final Concept Plan demarcates clearly the main entry points to Rotary Park. The plan proposes to investigate sculptural or artistic elements to assist with wayfinding and reinforce the character of the park. This feature signage should allow better identification of names, overall themes, functions of the various elements and precincts that can also be extended into the greater Rotary Park areas creating a cohesive space.

Connection to townsite • A need for better and safer pedestrian and

cycle access to Rotary Park from the town’s main street.

• A desire for MRWA to review design of pedestrian and cycle access on and under the existing Bussell Hwy vehicular bridge spanning Margaret River

• A desire to improve integration and access to the Old Settlement Site

The final Concept Plan has reviewed existing path networks adjacent to the playground site and connections off-site. A pathway hierarchy has been introduced within and around the play precincts, particularly Play Precinct 4.


47

• The provision of clear hierarchy of access pathways within and linking out of Rotary Park.

Integration • A desire to have the existing and proposed

play elements more closely integrated. • A view that better integration would help

establish uniform theming and character across the site.

The final Concept Plan has incorporated the above commentary with Play Precinct 1 located further south and adjacent to Play Precinct 4. These precincts straddle the existing path. The revised concept plan proposes some minor alterations to the passive area within Play Precinct 4 to include informal grass terracing towards the Margaret River managing the grade changes in a sustainable fashion and optimising views to the river. Relocating select existing shelters and exercise equipment to the top of the terracing and addressing both precincts improves passive supervision of the precincts and increases their desirability.

Entry statements • The northern entry statement would be seen

better if located further south. • Suggestions to consolidate entry points to

reduce visual clutter from Bussell Highway • A desire for screening vegetation to the site

boundaries to provide a sense of natural enclosure.

• A suggestion of an aerial ropes course amongst existing trees as a visual and play feature.

The final Concept Plan has relocated and consolidated the entry statement and artwork locations further south to better associate with the existing Rotary Park and view corridors from Bussell Highway. Previously proposed tall play towers and structures have been retained in the northern end of Play Precinct 2 to provide activation of the space when viewed from Bussell Highway. Revegetation works along the boundaries will provide a sense of enclosure while still allowing key views and safe supervision. Shire maintenance staff have confirmed for safety reasons the tree species, in the location proposed is not safe nor suitable to house an aerial ropes course.

Pump track • Was it in-keeping with the nature based

character of the site? • Would the pump tracks be better co-

located? • Split views whether the pump track was

required. • Survey results highlighting the senior pump

track as a priority.

The final Concept Plan proposes locating the junior and advanced pump track adjacent to each other allowing for both senior and junior riders with different ability levels to recreate on different tracks in the same area. Locating the pump track in Play Precinct 1 allows for better maintenance and emergency access from the existing and proposed carparking. Relocation of the senior pump track allows for greater retention of vegetation and walking trails through Play Precinct 3.

Access • Agreeance that pathway materials and

finishes need to allow for wheel chair and pram access.

• A need to consider ease of access and proximity to toilet facilities, BBQ’s, water fountains and shade.

• The desire for the nature playground to cater for wheel chair and disability access.

The final Concept Plan has reinforced the intent to provide access for all ages and abilities. Pathway networks through all play precincts have been located so access for all requirements is achievable. Play equipment examples have been provided to better guide future selection of materials and structures for both junior and adventure play elements suitable for all abilities.

Public amenities The final Concept Plan has incorporated the retention of the existing toilet block, and


48

• A collective view that the existing toilet, BBQ and picnic facilities are outdated and inadequate.

• Concern that increased use of the park due to the upgrades will put pressure on the existing toilet and BBQ facilities.

• Location of toilets need to be near or central to the new facilities.

• A need for two toilet blocks. • The impression that the location of the

existing toilet block is a visual impediment into the park.

• A desire for investigations into the use of composting type waste disposal as alternatives for leach drains or sewerage connections to minimise land requirement.

proposes a future toilet block centrally located to Play Precincts 1 and 2 if funding permits.

Car parking • Existing car parking is currently utilised for

greater regional activities such as bike trails, walking trails and adjacent land uses.

• Proposed new car park extension to minimises existing tree clearing where possible.

• A desire for the connections to and extension of the proposed main street upgrade works to be considered.

• Traffic modelling should be considered to review safety and possible congestion concerns for the Carters Road intersection and possible new entry points onto Bussell Hwy from Rotary Park.

• A request for further car park master planning of the surrounding areas to be considered.

The final Concept Plan has adopted the pre-determined carpark proposal, however recommends traffic studies be considered to resolve parking issues and address the community concerns.

Maintenance • Who will be maintaining the playground and

who will be paying for it? • Consider vehicle access within the

playground for ease of maintenance and delivery of materials.

• Consider vehicle access for emergency and bushfire prevention.

• Erosion and life span / longevity of construction materials and techniques will be important.

The final Concept Plan aims to minimise maintenance with guidance for future selection of construction materials and construction methods of play elements. Entry points are designed for maintenance and vehicular access with existing bushfire access points to edges of the project site to be retained. This Concept Plan will be used to enable discussions between the Shire and Rotary with regard to construction and maintenance budgets, responsibilities, agreements and funding opportunities before proceeding with the next phases of works.

The Shire has received a positive response and participation from the Margaret River community and local groups on the Concept Plan. The feedback obtained and comments received on the draft Concept Plan have, where possible been incorporated into the revised final Concept Plan. Some comments received have been noted as being outside of the scope of works and project site for the Rotary Forest Playground. These comments will be given further consideration and investigation of future works.


49

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS There are no legal implications resulting from the Concept Plan. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016-2020 Goal 1: Valuing the natural environment Community Outcome 1.5: Quality parks, gardens and green spaces Strategic Response 1.5.1: Ensure green and public open spaces cate for a wide range of users PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS $22,000 (RES140) is allocated in the PARKS and GARDENS – Recreation and Culture budget for the development of the Concept Plan. Margaret River Rotary contributed $15,000 towards the project. Funding for future work will be sourced from grants and contributions. SUSTAINABILITY IMPLICATIONS Environmental The Concept Plan considers environmental impacts for future development of the Reserve. Social The Concept Plan makes provision for future development of Rotary Park to cater for a variety of users. Economic Some indirect economic benefits are anticipated resulting from the potential increased visitation of the additional play areas in Rotary Park. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council adopts the Rotary Forest Playground – Nature Play Concept Plan as shown in Attachment 1. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Rotary Forest Playground - Nature Play Concept Plan RECOMMENDATION / COUNCIL DECISION CR HAYNES, CR KENNAUGH OM2017/89 That Council adopts the Rotary Forest Playground – Nature Play Concept Plan as shown in Attachment 1.

LOST 3/4 CRS SMART, TOWNSHEND, HASTIE AND LANE VOTED AGAINST


50

11.4. Corporate And Community

Services


51

11.4.1 RFT 04-17 CONSTRUCTION OF THREE CHALETS, STORAGE FACILITY AND AN ABLUTION BLOCK UPGRADE AT TURNER CARAVAN PARK, AUGUSTA LOCATION/ADDRESS Turner Caravan Park, Augusta APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE COR/211 REPORT AUTHOR Nigel Anderson, Manager Human and Community Services AUTHORISING OFFICER Annie Riordan, Acting Chief Executive Officer

Shire President, Cr Earl, left Chambers at 7.04pm as he disclosed a financial interest at Item 3.0. Deputy Shire President, Cr Kennaugh, took the place of Chair in his absence. IN BRIEF • Council has advertised tenders for the construction of three chalets, storage facility and ablution

block upgrade at Turner Caravan Park, Augusta. • Eleven companies responded to the tender. • Envirostruct Pty Ltd (Tectonics) was the recommended tenderer based on the assessment criteria. RECOMMENDATION That Council awards Tender No. 04/17 for the construction of three chalets, storage facility and ablution block upgrade at Turner Caravan Park, Augusta to Envirostruct Pty Ltd. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Consistent with Council resolution OM2015/217, the Shire has advertised a tender for the construction of three chalets. Also included within the tender a storage facility catering for linen and other chalet service items, plus the renovation of the Dekker Ablution Block that will prolong its useful life and service the laundry needs of the chalet occupants and other caravan park users. The Shire is required to prepare tenders for construction works when the value of those items may exceed $150,000 (ex GST) over the duration of the tender term. Tenders are required to be called in accordance with Section 3.57 of the Local Government Act 1995. CONSULTATION AND ADVICE External Consultation The project was discussed at two public meetings held with Turner Caravan Park holiday and long term stay residents. Tenders were advertised both locally and in The West Australian as per the Local Government (Functions and General) Regulations 1996 and on the Shire’s website. Internal Consultation A design team was initially established that included Councillor representation, Infrastructure staff and Caravan Park staff members. Consultation was also undertaken with the Procurement project team that included the Shire Project and Procurement Officer. DISCUSSION / OFFICER COMMENTS An evaluation report for tenders has been undertaken and a copy is attached as Confidential Attachment 1.


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Tenders were received from the following: -

No. Name of Organisation 1 AK Homes Constructions Pty Ltd 2 White Building CO Pty Ltd 3 Civilcon (WA) Pty Ltd 4 Chadwick Holdings (WA) Pty Ltd ATF Chadwick Family Trust 5 Hanrahan Construction 6 Big Ben Builders Pty Ltd 7 Oztrend Homes 8 True North Building Supplies P/L 9 Coast Enterprises Pty Ltd (Challis Builders) 10 Envirostruct Pty Ltd (Tectonics) 11 Danello Pty Ltd / ATF Family Trust (Tate Construction)

Tenders have been assessed by an evaluation panel against criteria of price, experience, resources, demonstrated understanding and OSH management. The weighting applied to those criteria were as follows

• Price – 50% • Relevant Experience – 20% • Tenderer’s Resources – 10% • Demonstrated Understanding – 10% • OSH Management – 10%

References from three clients of the successful tenderer were undertaken, all of which confirmed the tenderer’s suitability for this project. Based on the tender assessment, it is recommended that the tender be awarded to Envirostruct Pty Ltd. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Tenders were called by the Shire in accordance with the requirements of the Local Government Act 1995. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016-2020 Goal 4: Vibrant and diverse economy Community Outcome 4.2: Sustainable tourism industry Strategic Response: Provide family friendly quality caravan and camping grounds to encourage visitors to extend their stay Service level strategy/plan: Construct and commission three chalets at Turner Caravan Park PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Council has adopted in the 2016-17 Annual Budget $700,000 under TCP49 for the construction of chalets and $25,000 for the Dekkers Ablution Block renovation. The awarded tender fits within budget. SUSTAINABILITY IMPLICATIONS Environmental The Shire has gained approval to clear native vegetation within the chalet site under the Environmental Protection Act 1986, but has designed the chalets without guttering, so that there


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should be greater opportunity to retain certain vegetation that won’t compromise the building structures. An on-site assessment will be undertaken with the builder to confirm what vegetation can be retained and what will need to be removed. Landscaping works within the chalet site will include the planting of mature tree species. Social Providing an alternative holiday accommodation option for tourists and visitors alike, that will complement the existing camping options available at Turner Caravan Park. Economic Providing an economic stimulus to the local building industry and improve the opportunities for Turner Caravan Park to attract visitors throughout the season, in particular during the off peak period. VOTING REQUIREMENTS Absolute Majority RECOMMENDATION That Council awards tender No. 04/17 for the construction of three chalets, storage facility and ablution block upgrade at Turner Caravan Park, Augusta to Envirostruct Pty Ltd. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Confidential – 04/17 Evaluation Report RECOMMENDATION / COUNCIL DECISION CR HASTIE, CR SMART OM2017/90 That Council awards tender No. 04/17 for the construction of three chalets, storage facility and ablution block upgrade at Turner Caravan Park, Augusta to Envirostruct Pty Ltd.

CARRIED BY ABSOLUTE MAJORITY 6/0

Cr Earl re-entered Chambers at 7.07pm and took his seat as Chair. Cr Kennaugh returned to her allocated seating position.


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11.4.2 LONG TERM FINANCIAL PLAN 2017-18 TO 2026-27 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE COR/134 REPORT AUTHOR Andrew Ross, Manager Corporate Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services

IN BRIEF • Best practice requires the Long Term Financial Plan (LTFP) to be reviewed and updated annually. • After initially adopting a 10 year LTFP from 2013-14 in June 2013, updated plans have been

prepared for 2014-15 to 2016-17 and were adopted by Council. • The LTFP has been updated for the ten year timeframe 2017-18 to 2026-27 and a revised document

is attached for Council’s review. • The updated LTFP will be an input to the 2017-18 Budget. RECOMMENDATION That Council in accordance with Section 5.56 (1) of the Local Government Act 1995 and Section 19DA of the Local Government (Administration) Regulations 1996 adopts the Long Term Financial Plan for the period 2017-18 to 2026-27 as attached. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Council adopted the 2016-17 Long Term Financial Plan at their meeting on 13 April 2016 (OM2016/67) and used this to plan to inform the preparation of the 2016-17 Budget and the Corporate Plan 2016 to 2020. The Corporate Plan is the overarching document which implements the Community Strategic Plan and integrates the resourcing strategies of the workforce, asset management and long term financial plans. The same process is to be repeated for 2017-18. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Business Unit Managers provided input on capital works and operational projects. DISCUSSION / OFFICER COMMENTS The LTFP is a strategic financial planning document providing a macro level forecast of the Shire’s possible financial position for the 10 financial years from 2017-18 to 2026-27. The LTFP used the 2016-17 Budget as the base for its operating revenue and operating expenditure. These budget allocations are reviewed to remove once off items for the year as well as any items which are funded by once off operating grants. The remaining items represent the base year operating revenue and operating expenditure which are escalated to provide 10 year forecasts.


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Operating revenue and operating expenditure items are escalated in accordance with specific assumptions which are derived from sources including the State Government’s budget forecasts for CPI, the WA Local Government Association’s (WALGA) forecasts for the Local Government Cost Index and the Shire’s Enterprise Agreement 2016. In addition to removing once off items from the base year, known once off items are added to future years. For example, major expenditures that occur less frequently than annually such as community surveys, local government election costs ($0.045 million every 2 years), property revaluations for rating purposes ($0.100 million plus every 3 years) and fair value asset revaluation costs (up to $0.050 million) are added to future years. Capital expenditure is obtained from an updated Forward Capital Works Plan (FCWP) which uses as a key input Asset Management Plans for the various asset classes. Details of works to be completed on an individual asset basis such as a road, path, playground, vehicle or item of equipment are generally not included within the FCWP as the objective is to provide details at a summary level and allow the greater level of detail to be obtained from the relevant Asset Management Plan. The FCWP includes the funding breakdown for capital expenditure such as grants, loans, reserves, proceeds from asset disposals and Council funds. The general intention is to maximise funds obtained from external sources, minimise loan borrowings and use reserve funds wherever possible. Once all expenditure and revenue has been loaded into the LTFP a process of re-prioritisation and re-allocation of capital projects and funding sources is required to achieve a balanced result. Generally, forecast operating expenditure and forecast operating revenues are not changed as these represent the base level of operations for the Shire. Once a base scenario has been balanced, assumptions and growth factors are changed so the impact of alternative scenarios upon expenditure and revenue can be considered. A series of statutory financial statements and ratios are used to assess and compare the outcome of the base and other scenarios. Overall, a conservative financial approach has been followed to ensure prudent and effective stewardship of the Shire’s assets. Based on the assumptions a balanced budget result is forecast for the 10 years from 2017-18 to 2026-27. However, the forecast Statement of Comprehensive Income shows a net operating result deteriorating from a deficit of $0.778 million in 2017-18 to a deficit of $1.325 million in 2026-27. High capital grants for major capital projects such as the Cultural Centre redevelopment and Margaret River Youth Precinct have inflated the net result for the first 2 years of the LTFP and a decline is evident in the remaining years. The following table provides an extract of this statement’s results for a number of years and is compared against the 2016-17 Budget.

2016-17 Budget

2017-18 Year 1

2021-22 Year 5

2026-27 Year 10

Revenue Rates 19,342,075 20,228,137 22,766,067 26,390,893 Operating Grants 2,028,505 2,017,625 2,252,777 2,590,187 Fees and Charges 9,035,549 9,284,032 10,423,895 12,084,156 Service Charges 4,333 4,333 0 0 Interest Earnings 810,705 854,901 541,559 632,271 Other Revenue 16,500 16,830 18,216 20,112

Total Revenue 31,237,667 32,405,858 36,002,514 41,717,619 Expenses Employee Costs (14,100,468) (14,599,468) (16,561,726) (19,968,983) Materials and contracts (9,064,244) (8,774,234) (9,539,579) (10,760,392) Utility charges (1,180,543) (1,213,013) (1,361,942) (1,578,392) Depreciation (8,209,428) (7,051,927) (8,047,673) (9,175,427) Interest expense (502,557) (441,748) (344,896) (172,295) Insurance expense (620,743) (637,813) (716,121) (830,178)


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Other Expenditure (456,354) (465,481) (503,848) (556,285) Total Expenses (34,134,337) (33,183,684) (37,075,785) (43,042,243)

Net Operating Result (2,896,670) (777,826) (1,073,271) (1,324,804) Capital Grants 9,556,764 7,376,295 2,359,650 1,969,950 Profit/(Loss) on Asset Sales (168,470) 610,000 Net Result 6,491,624 7,208,469 1,286,379 645,146

Over the 10 years the average annual increase for total operating revenue is 2.92% and for total operating expenditure is 2.55%. These increases demonstrate the conservative nature of the forecasts and underlying assumptions for this LTFP. The following chart provides a diagrammatic representation of the forecast Statement of Comprehensive Income and shows that for each year forecast operating expenditure exceeds forecast operating revenue resulting in a deficit net operating result represented by the light blue line. When grants for capital projects are taken into consideration a surplus net result is recorded as represented by the purple line.

The following chart shows the proportions of operating revenue allocated to operating expenditure, capital works and loan repayments. Clearly the majority of operating revenue is required to fund operating expenditure and only 17% is able to be allocated to the 10 year forward capital works programme (FCWP). Ideally this amount should be greater.


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The FCWP provides summary information for 21 asset categories including plant and equipment, major projects, depot improvements, bridges, playground equipment, furniture and equipment, public open space, tree planting, cemetery works, road works, caravan parks, buildings, waste management, carparks, airstrips, boat ramps and other infrastructure. $117.236 million is identified as being required for the 10 years with $45.971 million (39%) funded from general revenue, $32.345 million (27%) from grants and contributions, $31.823 million (27%) from reserves, $2.450 million (2%) from new loan borrowings and $4.646 million (4%) from asset sale proceeds. The majority of the FCWP is allocated to road related works ($35.955 million) with buildings ($23.555 million), waste management facilities ($20.751 million) and parks and reserves ($13.548 million) being the other asset classes with significant expenditure allocations. However, the amount of capital expenditure allocated in the LTFP is insufficient to meet the amounts identified in the Asset Management Plan as being required to renew the Shire’s asset base. This shortfall is referred to as the Asset Renewal Gap and is shown in the following chart.


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The Statement of Financial Position shows net assets are forecast to increase from $393.737 million from the 30 June 2017 base year to $504.156 million at 30 June 2027. This represents an overall increase of 28% over 10 years. The main contributor to this increase is the growth in non-current assets specifically infrastructure and property, plant and equipment. Loan borrowings are forecast to decrease from $7.879 million for the base year to $3.261 million at 30 June 2027 after increasing to $9.664 million in 2017-18 when 3 new loans are forecast to be drawn down. These new loans are allocated to the Cultural Centre redevelopment ($1.100 million for a 15 year term), Margaret River Youth Precinct ($0.350 million for a 10 year term) and replacement of asbestos in community buildings ($1.000 million for a 10 year term). Loans are drawn down at a fixed interest rate for the loan term and the interest rate used for the LTFP is 4%. Reserves are forecast to decrease from $20.877 million for the base year to $9.247 million at 30 June 2027 as a result of reserve funds being used to fund capital projects. Reserves represent the majority of the Shire’s forecast cash balance. Over the term of the LTFP $33.288 million is drawn from reserves with the majority used to fund capital works. Major assumptions relating to the use of reserves are:

• that any surplus or shortfall for waste management is transferred to/from the Waste Management reserve so that funds are available for future capital works;

• funds from developer contributions are transferred to the Developer Contributions reserve and loan repayments for the loans for the Cultural Centre redevelopment and Margaret River Youth Precinct are transferred from this reserve;

• caravan park operating surpluses are transferred to the Caravan Park Upgrade reserve so they can be reinvested to improve these facilities; and

• the Plant Replacement reserve is used to fund major plant purchases. Forecast ratio results for four of the seven statutory ratios exceed the benchmark targets set by the Department of Local Government and Communities (DLGC). However, due to a net operating deficit being forecast for the term of the plan and insufficient funds being available for capital expenditure asset renewal needs, the forecast results for the DLGC’s Financial Health Indicator show a deteriorating financial sustainability trend. Once a balanced result was obtained the sensitivity and financial impact of changing the assumptions used to prepare the balanced or conservative LTFP model was determined using the following scenarios:

• A pessimistic annual property growth rate of 1% (rather than 2%) with all other assumptions unchanged resulted in reduced rate revenue, a deteriorating net operating result and a deficit budget closing position which would require expenditure savings to re-balance the budget.

• An optimistic annual property growth rate of 4% (rather than 2%) with all other assumptions unchanged resulted in increased rate revenue, an improved net operating result and a surplus budget closing position which would provide the opportunity for increased capital investment.

• An annual base inflation factor of 2.5% (rather than 2%) with all assumptions that are dependent on this base inflation factor such as those relating to operating grants, fees and charges, insurance, utilities and materials and contracts increasing in line with the base inflation factor and those that are fixed increases such as the rate yield and some employee costs remaining unchanged. This scenario resulted in an in increased net operating deficit and a deficit budget closing position which would require expenditure savings to re-balance the budget.

• An annual rate yield increase of 3.5% (rather than 2%) with all other assumptions unchanged resulted in an improved net operating result and a forecast net operating surplus in year 8. A surplus budget closing position would result from the increased rates of $0.098 million in year 1 and due to the impact of compound growth these additional rates are forecast to increase to $1.5 million in year 10.

Potential risk areas associated with the LTFP have been assessed to determine their potential level of risk. These areas included:

• The impact of the State Government not honouring funding decisions of the previous government such as Royalties for Regions funding for major projects was assessed as low.

• The impact of State Government financial decisions which shift costs to local government, such as the 2017 decision to remove the motor vehicle licence and stamp duty concession for local


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government at an estimated annual cost for the Shire of $0.100 million has not been included in the LTFP, was assessed as medium.

• Land sale proceeds are proposed to fund two major capital projects and if these do not occur other funding will be required or projects will need to be deferred and the risk was assessed as high.

• The impact if cost increases exceed the forecast 2% escalation rate was assessed as medium. • The impact of property growth rates not achieving forecast was assessed as medium. • Capital works expenditure and funding forecasts being impacted by cost escalation, grants not

occurring or funding mixes not eventuating was assessed as high. • Works for the $0.500 million Margaret River Airstrip Access Road are assumed to be able to

be funded by Main Roads WA but if this did not occur there would be a significant financial impact in 2017-18 and the risk was assessed as high.

• The impact upon operating expenditure of the operating and maintenance costs for new and upgraded infrastructure assets was assessed as medium.

• The impact of a rate revenue yield increase being lower than that forecast places pressure upon the ability of the Shire to meet future cost increases imposed by external influences and to meet service needs arising from the implementation of new and upgraded capital infrastructure was assessed as high.

• The impact of LTFP balancing decisions not occurring in practice was assessed as high. • Assumptions used as the basis for forecast revenue and expenditure escalation rates may be

flawed and would compromise the legitimacy of the LTFP as a strategic planning tool was assessed as medium.

As a final comment the LTFP provides a macro level strategic financial planning tool and is used to guide the preparation of future year’s budgets which contain the detail. The extent the LTFP conforms with annual budgets is limited by factors such as the accuracy of assumptions, financial estimates, project plans, project timing and funding approvals. If a project included in the LTFP did not receive the funding planned, decisions would need to be made to adjust expenditure, timing and funding within budget constraints. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Section 5.56 (1) Local Government Act 1995 requires local governments to have in place a plan for the future. Local Government (Administration) Regulations 1996 regulation 19DA specifies the requirements for a Corporate Business Plan and section 3 reads as follows: A corporate business plan for a district is to —

a) set out, consistently with any relevant priorities set out in the strategic community plan for the district, a local government’s priorities for dealing with the objectives and aspirations of the community in the district; and

b) govern a local government’s internal business planning by expressing a local government’s priorities by reference to operations that are within the capacity of the local government’s resources; and

c) develop and integrate matters relating to resources, including asset management, workforce planning and long-term financial planning.

STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016-2020 Goal 5: Effective leadership and governance Community Outcome 2: Effective strategy, planning and asset management Strategic Response: Develop long term Resourcing Strategy aligned to the Community Strategic Plan Service Level Strategy: Undertake full review with ongoing desktop review of Long Term Financial Plan PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The LTFP is a resourcing strategy which outlines the financial implications of the Community Strategic Plan and will be used to inform and guide budget preparation for 2017-18. Budget templates for business units have recently been distributed and include a column containing account level information


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from the 2017-18 LTFP to provide a guide of the expected operating revenue and operating expenditure as well as the capital projects and funding included in the FCWP. It should be noted the 2017-18 Budget year will include a number of large expenditures that do not occur every year and these include the local government election, the three yearly revaluation of gross rental value properties and the mandatory fair value of infrastructure assets. In total these items are estimated to cost at least $0.200 million. Additionally, the State Government’s decision to remove the licencing and stamp duty concession for local governments is expected to increase expenditure by $0.100 million. The assumptions underpinning the LTFP have resulted in a forecast balanced budget for 2017-18 which has additional expenditures compared to 2016-17. SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic The LTFP provides a ten year strategic financial framework and forecast for the Shire. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council in accordance with Section 5.56 (1) of the Local Government Act 1995 and Section 19DA of the Local Government (Administration) Regulations 1996 adopts the Long Term Financial Plan for the period 2017-18 to 2026-27 as attached. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Long Term Financial Plan for the period 2017-18 to 2026-27 RECOMMENDATION / COUNCIL DECISION CR LANE, CR KENNAUGH OM2017/91 That Council in accordance with Section 5.56 (1) of the Local Government Act 1995 and Section 19DA of the Local Government (Administration) Regulations 1996 adopts the Long Term Financial Plan for the period 2017-18 to 2026-27 as attached.

CARRIED 7/0


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11.4.3 REVIEW OF CREDIT CARD POLICY LOCATION/ADDRESS N/A APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE COR/11 REPORT AUTHOR Andrew Ross, Manager Corporate Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services

IN BRIEF • The Shire’s Credit Card policy is due to be reviewed by April 2019. • The Credit Card Policy was adopted by Council on 27 April 2016 (refer OM2016/78). • The recently completed Audit Regulation 17 review identified some changes required to the policy. • The policy has been reviewed and amended to ensure conformance with local government

operational guidelines, legislation and current administrative practices. RECOMMENDATION That Council approves the amended Credit Card policy as attached. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Credit Card policy was last approved by Council at their meeting on 27 April 2016 and the policy specifies it be reviewed every 3 years. However, changes may be required more often as a result of factors including administrative process improvements, legislative changes or findings arising from the Audit Regulation 17 reviews that are completed every 2 years by an independent auditor. CONSULTATION AND ADVICE External Consultation The Department of Local Government and Communities’ Local Government Operational Guideline Number 11 – Use of Corporate Credits, was referred to. Internal Consultation Shire Finance staff were consulted to identify any suggestions for changes to the policy. DISCUSSION / OFFICER COMMENTS The Credit Card Policy includes maximum credit limits and transaction limits for the Shire’s 6 designated credit card holders and the total credit limit is currently $34,000 as shown in the following table.

Position Individual Card Credit Limit

Total Limit for Credit Cards

Chief Executive Officer $10,000 $10,000 Directors $8,000 $22,000 Managers $1,000 $2,000 $34,000

Currently the Director Corporate and Community Services has a lower limit than the other Directors due to part of the credit limit for this card being allocated to the 2 cards for managers. This was necessary


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to remain within the total credit card limit. It is proposed to increase the credit card limit for this card to $8,000 to be consistent with the other positions. Currently the credit card issued to the Community Emergency Services Manager has a limit of $1,000 but this limit has been found to be insufficient in some emergency situations resulting in the officer purchasing items using their personal credit card. While these purchases are reimbursed, instances of staff using their own financial resources to purchase Shire goods and resources should be minimised, particularly when the purchases tend to be quite significant. It is proposed to increase the credit card limit for this card to $5,000. Increasing the limits for these credit cards will increase the total credit card limit to $40,000 as shown in the following table and these limits are included in the policy.

Position Individual Card Credit Limit

Total Limit for Credit Cards

Chief Executive Officer $10,000 $10,000 Directors $8,000 $24,000 Managers $1,000 $1,000 Community Emergency Services Manager $5,000 $5,000 $40,000

The Audit Regulation 17 review report provided to the Audit and Risk Management Committee on 14 December 2016 included the following finding, recommendation and management comment relating to internal controls for credit cards.


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The report identified a number of items that were considered to be non-compliant with Local Government Operational Guideline 11 – Use of Corporate Credit Cards. To ensure compliance the following changes to the policy have been made:

• Clause c) has been amended to detail conditions associated with the issue and of use of corporate credit cards and includes statements they will not be used for personal purposes, cash withdrawals, transferred to other users and that they will be stored securely and only available for use while the card holder is an employee of the Shire.

• Point 5 has been added to state that non-compliance will result in disciplinary action. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS The policy ensures the Shire complies with the financial related legislation and regulations of the Local Government Act 1995, Local Government (Financial Management) Regulations 1996 and the Local Government (Functions and General) Regulations 1996. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016-2020 Goal 5: Effective leadership and governance Community Outcome 6: A culture of innovation, quality and continuous improvement Strategic Response: Ensure Shire services and processes meet or exceed customer needs and recognised industry standards Service Level Strategy/Plan: Conduct comprehensive review of Shire policies over a three year period. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Without appropriate Finance policies the Shire is exposed to a number of financial risks. SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Local purchasing provides an economic benefit to businesses within the Shire. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council approves the amended Credit Card policy as attached. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Credit Card Policy RECOMMENDATION / COUNCIL DECISION CR KENNAUGH, CR SMART OM2017/92 That Council approves the amended Credit Card policy as attached.

CARRIED 7/0


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12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN Nil

13. MOTIONS FOR CONSIDERATION AT NEXT MEETING Nil 14. NEW BUSINESS OF AN URGENT NATURE 14.1. Members Nil

14.2. CEO Nil 15. CONFIDENTIAL BUSINESS PROCEDURAL MOTION / COUNCIL DECISION CR HASTIE, CR SMART OM2017/92 That the meeting be closed to members of the public.

CARRIED 7/0

Members of the public, press, Manager Corporate Services and Manager Human and Community Services left Chambers at 7.20pm Coordinator Legal Services, Ian McLeod, entered Chambers at 7.20pm


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15.1 REDGATE LIME V SHIRE OF AUGUSTA MARGARET RIVER - REDGATE LIME OFFER ARISING OUT OF TRIBUNAL MEDIATION

LOCATION/ADDRESS 797 (Lot 2) Redgate Road, Redgate APPLICANT/LANDOWNER Lane Buck & Higgins Barristers And Solicitors , FILE REFERENCE PTY/6998 REPORT AUTHOR Johan Pienaar, Coordinator Statutory Planning

Ian McLeod, Coordinator Legal Services AUTHORISING OFFICER Dale Putland, Director Sustainable Development

IN BRIEF • On 22 June 2016 Council granted an Extractive Industry Licence for Lot 2 Redgate Road subject to

28 operating conditions. • An objection under section 9.5 of the Local Government Act 1995 was subsequently lodged with the

Council against conditions 11, 12, 13 and 27. • On 12 October 2016 Council granted approval to amend conditions 13 (permitted truck numbers)

and 27 (road maintenance contribution requirement). Council did not support any changes to conditions 11 and 12 (Christmas shut down conditions).

• On 23 November 2016 the proponent lodged an application to the State Administrative Tribunal (SAT) for the review of conditions 9, 10, 11, 12, 14 and 27.

• A Tribunal Mediation was held on 28 February 2017 at which the request for review was presented to the Shire seeking deletion, modification and replacement of the relevant conditions.

• At the conclusion of the mediation it was agreed on a without prejudice basis that officers would take some changes of the conditions to Council for consideration. Accordingly, SAT adjourned the proceeding until 5 May 2017.

RECOMMENDATION That Council resolves to vary the licence issued at the Ordinary Meeting of Council on 12 October 2016 to approve the Extractive Industry at Lot 2 Redgate Road, Redgate by deleting condition 11 and varying conditions 9, 10, 12, 14, 27 and 28. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council resolves to vary the licence issued at the Ordinary Meeting of Council on 12 October 2016 to approve the Extractive Industry at Lot 2 Redgate Road, Redgate by deleting condition 11 and varying conditions 9, 10, 12, 14, 27 and 28 follows: 9. The extractive industry is permitted to operate from 7:00am to 5:30pm Monday to Friday and

Saturdays from 7:00am to 2:00pm 1:00pm. The extractive industry shall not operate on Sundays or public holidays. The loading of trucks are permitted until 6:00pm Monday to Friday and 2:30pm on Saturdays.

10. Trucks (‘Austroads” class 6 and above) may only enter the site during operating hours and may not leave the site after 6:00pm Monday to Friday and 2:30 Saturday. are restricted to access the site between 7:00am to 5:30pm Monday to Friday and Saturdays from 7:00am to 1:00pm. In addition, these vehicles will not be permitted to exit the site during school bus times.

11. Restricted access vehicless (RAV’s) sjall cease to operate from the second Monday in December

and not recommence operation until the second Monday in January. The extractive industry


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(including all other truck movements) shall cease in an annual “Christmas shut down’ period to commence on 22 December and not recommence until the second Monday in January.

12. Operations shall cease in an annual ‘Christmas shut down’ period to commence on Monday of the third week in December at least two full working days prior to 25 December and not recommence until the second Monday first working day in January.

14. A gate shall be installed and maintained in good working condition at all times to the satisfaction

of the Shire. The gate shall be sufficient to locked prevent trucks heavy vehicles accessing the Site outside of the appproved truck operating hours from 6:00pm to 7:00am Monday to Friday and from 2:30pm Saturday until 7:00am Monday.

27. The proponent shall be responsible for the cost of maintaining, and repairing damage to, the

roads controlled by the local government which are used by haulage traffic associated with the development, to the extent that the traffic generated by the development contributes to the need for such maintenance and repair. A Road Maintenance Plan incorporating:

• the abovementioned principle; • an audit of the condition of relevant roads; • appropriate maintenance standards and associated requirements and responsibilities; and • the estimated cost of road maintenance and repairs for the life of the development

shall be lodged with the Shire for approval within 60 days of the determination. The approved plan shall be implemented throughout the duration of the project.

28. The proponent is to pay to the local government a bond or equivalent acceptable to the Shire sufficient to secure the road maintenance and repair obligations contained in the approved Road Maintenance Plan, within 60 days of the determination. The cash bond or approved equivalent is to be reviewed annually.

An agreement shall be entered into with the local government for the payment of an annual road maintenance contribution to be used towards expenses incurred by the local government in repairing damage to Redgate Road caused by heavy vehicles traffic associated with the Redgate Lime operations. The contribution will be adjusted annually in accordance with CPI.


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ADDENDUM 15.1 REDGATE LIME V SHIRE OF AUGUSTA MARGARET RIVER – REDGATE LIME OFFER

ARISING OUT OF TRIBUNAL MEDIATION Modified Recommendation That Council resolves to vary the decision made, at the Ordinary Meeting of Council on 12 October 2016, to approve the Extractive Industry at Lot 2 Redgate Road, Redgate by deleting conditions 11 and 27 and varying conditions 9, 10, 12, 14 and 28 as follows: 9. The extractive industry is permitted to operate from 7:00am to 5:30pm Monday to Friday and

Saturdays from 7:00am to 2:00pm 1:00pm. The extractive industry shall not operate on Sundays or public holidays. The loading of trucks are permitted until 6:00pm Monday to Friday and 2:30pm on Saturdays.


11. Restricted access vehicless (RAV’s) sjall cease to operate from the second Monday in December

and not recommence operation until the second Monday in January. The extractive industry (including all other truck movements) shall cease in an annual “Christmas shut down’ period to commence on 22 December and not recommence until the second Monday in January.


14. A gate shall be installed and maintained in good working condition at all times to the satisfaction

of the Shire. The gate shall be sufficient to locked prevent trucks heavy vehicles accessing the Site outside of the appproved truck operating hours from 6:00pm to 7:00am Monday to Friday and from 2:30pm Saturday until 7:00am Monday.

27. The proponent shall be responsible for the cost of maintaining, and repairing damage to, the

roads controlled by the local government which are used by haulage traffic associated with the development, to the extent that the traffic generated by the development contributes to the need for such maintenance and repair. A Road Maintenance Plan incorporating:

• the abovementioned principle; • an audit of the condition of relevant roads; • appropriate maintenance standards and associated requirements and responsibilities; and • the estimated cost of road maintenance and repairs for the life of the development



An agreement shall be entered into with the local government for the payment of an annual road maintenance contribution to be used towards expenses incurred by the local government in repairing damage to Redgate Road caused by heavy vehicles traffic associated with the Redgate Lime operations. The contribution will be adjusted annually in accordance with CPI.


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RECOMMENDATION / COUNCIL DECISION CR SMART, CR LANE OM2017/93 That Council resolves to vary the decision made, at the Ordinary Meeting of Council on 12 October 2016, to approve the Extractive Industry at Lot 2 Redgate Road, Redgate by deleting conditions 11 and 27 and varying conditions 9, 10, 12, 14 and 28 as follows: 9. The extractive industry is permitted to operate from 7:00am to 5:30pm Monday to Friday

and Saturdays from 7:00am to 2:00pm 1:00pm. The extractive industry shall not operate on Sundays or public holidays. The loading of trucks are permitted until 6:00pm Monday to Friday and 2:30pm on Saturdays.


11. Restricted access vehicless (RAV’s) sjall cease to operate from the second Monday in

December and not recommence operation until the second Monday in January. The extractive industry (including all other truck movements) shall cease in an annual “Christmas shut down’ period to commence on 22 December and not recommence until the second Monday in January.


14. A gate shall be installed and maintained in good working condition at all times to the

satisfaction of the Shire. The gate shall be sufficient to locked prevent trucks heavy vehicles accessing the Site outside of the appproved truck operating hours from 6:00pm to 7:00am Monday to Friday and from 2:30pm Saturday until 7:00am Monday.

27. The proponent shall be responsible for the cost of maintaining, and repairing damage to,

the roads controlled by the local government which are used by haulage traffic associated with the development, to the extent that the traffic generated by the development contributes to the need for such maintenance and repair. A Road Maintenance Plan incorporating:

• the abovementioned principle; • an audit of the condition of relevant roads; • appropriate maintenance standards and associated requirements and responsibilities;

and • the estimated cost of road maintenance and repairs for the life of the development



An agreement shall be entered into with the local government for the payment of an annual road maintenance contribution to be used towards expenses incurred by the local government in repairing damage to Redgate Road caused by heavy vehicles traffic


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associated with the Redgate Lime operations. The contribution will be adjusted annually in accordance with CPI.

CARRIED 7/0 PROCEDURAL MOTION / COUNCIL DECISION CR TOWNSHEND, CR LANE OM2017/94 That the meeting come out from behind closed doors.

CARRIED 7/0 16. CLOSURE OF MEETING The Shire President thanked all in attendance and declared the meeting closed at 7.26pm

ordinary council - shire of augusta–margaret...

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