ordinary council - shire of augusta–margaret river · i advise that an ordinary council meeting...

Ordinary Council

MINUTES

FOR THE MEETING TO BE HELD WEDNESDAY, 8 FEBRUARY 2017

IN COUNCIL CHAMBERS, WALLCLIFFE ROAD, MARGARET RIVER

COMMENCING AT 5:30PM

SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 8 FEBRUARY 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 8 February 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 .................................................................................................. 6 2. ATTENDANCE ........................................................................................................................... 6 2.1 APOLOGIES ............................................................................................................................... 6 2.2. APPROVED LEAVE OF ABSENCE ........................................................................................... 6

3. DISCLOSURES OF INTEREST ................................................................................................. 7 3.1 ITEM 11.4.1 LIST OF PAYMENTS FOR DECEMBER 2016 – FINANCIAL

INTEREST – DIRECTOR CORPORATE AND COMMUNITY SERVICES, MS ANNIE RIORDAN ................................................................................................................................... 7

3.2 ITEM 11.2.5 PROPOSED TELECOMMUNICATIONS INFRASTRUCTURE (MOBILE PHONE TOWER) PROXIMITY INTEREST – CR LANE ............................................................ 7

4. PUBLIC QUESTIONS ................................................................................................................ 7 4.1. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ................................ 7 4.2. PUBLIC QUESTION TIME ......................................................................................................... 7 4.2.1 PROPOSED SERVICE STATION, COWARAMUP – MR BILL MANLOW ................................ 7 4.2.2 PROPOSED SERVICE STATION, COWARAMUP – MS ANNE PARKER ............................... 8 4.2.3 PROPOSED SERVICE STATION, COWARAMUP – MS MARGARET COY ............................ 8 4.2.4 PROPOSED SERVICE STATION, COWARAMUP – MR DANIEL KOZYRSKI......................... 8 4.2.5 PROPOSED SERVICE STATION, COWARAMUP - ALLAN COREY ....................................... 9 4.2.6 PROPOSED SERVICE STATION, COWARAMUP - ANNE PARKER ...................................... 9

5. APPLICATIONS FOR LEAVE OF ABSENCE ........................................................................... 9 5.1 CR IAN EARL – 22 FEBRUARY 2017........................................................................................ 9

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ..................................................... 9 6.1 ORDINARY COUNCIL MEETING HELD 25 JANUARY 2017 ................................................... 9

7. DEPUTATIONS ........................................................................................................................ 10 7.1 ITEM 11.2.5 PROPOSED TELECOMMUNICATIONS (MOBILE PHONE TOWER) –

MR WILL BERLINER ............................................................................................................. 10 7.2 ITEM 11.2.5 PROPOSED TELECOMMUNICATIONS (MOBILE PHONE TOWER) –

MR STUART COLES .............................................................................................................. 10 7.3 ITEM 11.3.2 ROTARY FOREST PLAYGROUND – NATURE PLAY CONCEPT

PLAN - MR JOHN DINGEY ...................................................................................................... 10

8. PETITIONS ............................................................................................................................... 11 9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER....................................................... 11 10. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN .................................................. 11 11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS ................................................. 11 11.1. CHIEF EXECUTIVE OFFICER ................................................................................................. 12 11.2. SUSTAINABLE DEVELOPMENT ............................................................................................ 14 11.2.1 SCHEME AMENDMENT NO. 46 - GREENHILL ROAD AUGUSTA - FOR

INTIATION ................................................................................................................................ 15 11.2.2 STRUCTURE PLAN - LOT 126 CAVES ROAD, MARGARET RIVER ..................................... 21 11.2.3 SUSTAINABILITY ADVISORY COMMITTEE MINUTES 15 DECEMBER 2016 ..................... 26 11.2.4 DEVELOPMENT ASSESSMENT PANEL - NOMINATION OF COUNCIL

REPRESENTATIVES ............................................................................................................... 30 11.2.5 PROPOSED TELECOMUNICATIONS INFRASTRUCTURE (MOBILE PHONE

TOWER) ................................................................................................................................... 33

11.3. INFRASTRUCTURE SERVICES ............................................................................................. 44 11.3.1 ROAD DEDICATION AND PROPOSED ROAD CLOSURE OF UNREQUIRED

ROAD RESERVE - MCDONALD ROAD, KARRIDALE .......................................................... 45 11.3.2 ROTARY FOREST PLAYGROUND - NATURE PLAY CONCEPT PLAN ............................... 50


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11.3.3 AUTHORISATION TO EXECUTE COMMON SEAL ON DEED OF SURRENDER OF EASEMENT .............................................................................................................................. 57

11.4. CORPORATE AND COMMUNITY SERVICES ....................................................................... 62 11.4.1 LIST OF PAYMENTS FOR DECEMBER 2016 ........................................................................ 63 11.4.2 FINANCIAL ACTIVITY STATEMENT REPORT - DECEMBER 2016 ...................................... 67 11.4.3 SURFERS RESCUE 365 FUNDING ........................................................................................ 76

12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ........................................... 79 12.1 FORMATION OF A WORKING GROUP - INDIGENOUS ENGAGEMENT - CR PAM

TOWNSHEND .......................................................................................................................... 79

13. MOTIONS FOR CONSIDERATION AT NEXT MEETING ....................................................... 80 14. NEW BUSINESS OF AN URGENT NATURE ......................................................................... 80 14.1. MEMBERS ................................................................................................................................ 80 14.2. CEO .......................................................................................................................................... 80

15. CONFIDENTIAL BUSINESS .................................................................................................... 80 15.1 MARGARET RIVER RECREATION CENTRE LEARN TO SWIM SCHOOLS ...................... 81

16. CLOSURE OF MEETING ......................................................................................................... 82


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Minutes of the Ordinary Council Meeting held on Wednesday 8 February 2017, in Council Chambers, 41 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

Chief Executive Officer : Mr Gary Evershed Director Sustainable Development : Mr Dale Putland

Director Infrastructure Services : Mr Johan Louw Director Corporate and Community Services : Ms Annie Riordan Manager Planning and Development Services : Mr Nick Logan Manager Asset Services : Mr David Nicholson

Minute Secretary : Ms Claire Schiller MEMBERS OF THE PUBLIC 26

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

2.1 Apologies

Nil

2.2. Approved Leave of Absence Nil


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3. DISCLOSURES OF INTEREST 3.1 Item 11.4.1 List of Payments for December 2016 – Financial Interest – Director

Corporate and Community Services, Ms Annie Riordan The Director Corporate and Community Services disclosed interest in Item 11.4.1 List of Payments for December 2016, the credit card expenses which is certified by the Chief Executive Officer.

3.2 Item 11.2.5 Proposed Telecommunications Infrastructure (Mobile Phone Tower) Proximity Interest – Cr Lane

Cr Lane disclosed a proximity interest in Item 11.2.5 Proposed Telecommunications Infrastructure (Mobile Phone Tower) as he is an adjoining land owner to the proposed location at Lot 101 Palandri Road, Burnside.

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

Nil

4.2. Public Question Time Prior to the meeting 7 questions were received from four members of the public in relation to the proposed service station in Cowaramup. Prior to the asking of these questions, the CEO addressed the meeting in relation to the proposed service station, Cowaramup, informing the meeting that the applicant had met with Shire staff and had agreed to consider community concerns. The CEO advised that currently the applicant is revising their plans and at this stage the Shire has not yet seen these revisions.

4.2.1 Proposed Service Station, Cowaramup – Mr Bill Manlow Mr Bill Manlow of 43 Honeysuckle Glen, Cowaramup prior to the meeting submitted the following questions in relation to the proposed service station, Cowaramup. The questions were displayed for members of the public gallery and answers were provided by the CEO and Director Sustainable Development. Q1: As the Traffic Impact Statement only deals with anticipated traffic using the Fuel Station.

There is a need for a proper Main Roads approved Traffic Survey that considers all potential traffic using Roy Earl Drive, Road Eight, Botrill Street & Hall Road & accessing the other developments scehduled along Road Eight. Will Council undertake to have this Traffic Survey done prior to making a decision on the proposed service station?

It is unsure at this stage. As soon as further information is received it will be provided to Council. Q2: Will Council require the scaling down of the proposal to an appropriate size to suite the actual demand projected by Main Roads?

Following discussions with the Shire’s planning staff, the applicant is reconsidering the size of the proposal and number of fueling positions.


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4.2.2 Proposed Service Station, Cowaramup – Ms Anne Parker Mr Anne Parker of 12 Villiers Street, Cowaramup prior to the meeting submitted the following questions in relation to the proposed service station, Cowaramup. The questions were displayed for members of the public gallery and answers were provided by the CEO and Director Sustainable Development. Q1: Many local residents have expressed concern about direct impacts on them and their

families. What measures will the Council require to minimise the impact to their constituents?

Council will consider imposing conditions on any approval if granted after it has received the

amended applications.

Q2: Is the proponent being required to comply with the Cowaramup Village Centre Design Guidelines Local Planning Policy 2008, to ensure the façade is consistant with the existing business premises to maintain the Cowaramup village character?

Following discussions with Shire planning staff the applicant is reconsidering the design of the proposed service station.

4.2.3 Proposed Service Station, Cowaramup – Ms Margaret Coy Mr Margaret Coy of 8 O’Brien Street, Cowaramup prior to the meeting submitted the following questions in relation to the proposed service station, Cowaramup. The questions were displayed for members of the public gallery and answers were provided by the CEO and Director Sustainable Development. Q1: Will the council require all traffic to exit the site via an easterly exit only onto Road Eight

thus negating the need for access through the median strip and two access points on the Roy Earl Drive?

The Shire has requested the applicant reconsider and are hoping to see a re-design. Q2: Given that the proposed service staion is located within the Wilyabrup Brook Catchment,

an area of high economic and environmental importance, and situated directly adjacent to the creek system. What assurance can be given that no contamination will occur?

All service stations must comply with strict environmental standards.

4.2.4 Proposed Service Station, Cowaramup – Mr Daniel Kozyrski

Mr Daniel Kozyrski of 26 Tinglewood Court, Cowaramup prior to the meeting submitted the following questions in relation to the proposed service station, Cowaramup. The questions were displayed for members of the public gallery and answers were provided by the CEO and Director Sustainable Development. Q1: Directed at the application for the Wild Bean Café in cowaramup. When the COuncil

should be supporting locally owned and operated businesses, the applictaion of a multinational franchise, if passed by Council, would state the contrary. The opening of a Wild Bean Café would not only have a detrimental effect on the three existing locally owned cafes operating in Cowaramup, but on all family operated businesses in town.

Does Council support the application for an internationally owned franchise café in

Cowaramup? Council does not have the power under Australian law to discriminate against franchises.


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4.2.5 Proposed Service Station, Cowaramup - Allan Corey

Mr Alan McCoy of 8 O’Brian Street, Cowaramup asked the following questions in relation to the proposed service station, Cowaramup. The Director Sustainable Development provided the responses: Q1: Will the revised plans be re-advertised?

The applicant volunteered to go back and and address community concerns. There will be a birefing session to inform Council and the community of the changes.

Q2: What would cause it to be publicly advertised again? If the changes were significant.

4.2.6 Proposed Service Station, Cowaramup - Anne Parker, 12 Villier St Ms Anne Parker of 12 Villier Street, Cowaramup, asked the following questions in relation to the proposed service station, Cowaramup. The Director Sustainable Development provided the response: Q1: Will members of the community have the opportunity to respond to the revised application? Yes. It will be up to the Shire President to approve requests. 5. APPLICATIONS FOR LEAVE OF ABSENCE

5.1 Cr Ian Earl – 22 February 2017 The Shire President, Cr Earl, requested that Council grant him leave of absence from the 22 February 2017 Ordinary Meeting of Council. MOTION / COUNCIL DECISION CR EARL, CR KENNAUGH OM2017/27 That Council grants Cr Earl leave of absence from the 22 February 2017 Ordinary Meeting of Council.

CARRIED 7/0

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 6.1 Ordinary Council Meeting held 25 January 2017

MOTION / COUNCIL DECISION CR HAYNES, CR SMART OM2017/28 That Council confirms the minutes of the Ordinary Council Meeting held 25 January 2017 to be a true and correct record of the meeting:

CARRIED 7/0


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7. DEPUTATIONS 7.1 Item 11.2.5 Proposed Telecommunications (Mobile Phone Tower) – Mr Will Berliner Mr Will Berliner of the corner of Caves and Ellensbrook Road, on behalf of Nicole de Kever, Keith Holt and Shannon Mackenzie, addressed the meeting in relation to Item 11.2.5 Propsed Telecommunications (Mobile phone Tower). A summary of his deputation is as follows:

• I am speaking against something that is not needed. • When I first arrived in Margaret River I was drawn to it for the farms, vineyards, wild lands and

uninhabited beaches. The land was so beautiful. • This is not about me. We have a treasure here, the tower will ruin this precious resource. • People think of Margaret River not as somewhere with huge infrastructure. • I am not argueing that we do not need the tower, but why sight it along Caves Road? • We do not need this tower. The tower in Cowaramup will cover this area. • Why do we need Optus coverage when we already have Telstra. • Caves Road is ‘clean’, let’s keep it this way. • Palandri Road, the access road, will end up becoming widened.

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

7.2 Item 11.2.5 Proposed Telecommunications (Mobile Phone Tower) – Mr Stuart Coles

Mr Stuart Coles, Town Planner of Daly International on behalf of Optus Mobile Pty Ltd, addressed the meeting in relation to Item 11.2.5 Propsed Telecommunications (Mobile phone Tower). A summary of his deputation is as follows:

• We have provided evidence that there is a gap in coverage. • We have a number of towers linking between Margaret River and Dunsborough. • This tower will bring services and increased competitivness . • We have looked at many sites and deemed this site most suitable. • It is a requirement that the tower is visable for it to operate. • Optus is best endeavouring to minimise any visual impact. • The visuals provided in the application are from an independent counsultant and have not

been doctored by Optus. • The health of the community is of the upmost importance to Optus. • The tower complies with the State Planning Scheme. • The tower is part and parcel of modern society.

The Shire President called for questions and thanked Mr Coles for his deputaion.

7.3 Item 11.3.2 Rotary Forest Playground – Nature Play Concept Plan – Mr John Dingey

Mr John Dingey of Brookfield, addressed the meeting in relation to Item 11.3.2 Rotary Forest Playground – Nature Play Concept Plan). A summary of his deputation is as follows:

• Pump track • Rotary park has become an unofficial cycling hub area. • Huge demand for the pump tracks world-wide. As a builder we are constantly being asked when

we will have one down here • Hard surfacing can be used by a large user group-scooters etc. • An important first riding experience for many kids • Completely unique experience suitable for all ages • Very progressive to maintain interest • Can blend with the landscape. • Biggest “bang for your buck” in regards to area. A very small space provides a big workout


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

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 SCHEME AMENDMENT NO. 46 - GREENHILL ROAD AUGUSTA - FOR INTIATION LOCATION/ADDRESS LOT 27 Greenhill Road, Augusta APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE LND/1/46 REPORT AUTHOR Matt Cuthbert, Strategic Project Officer AUTHORISING OFFICER Dale Putland, Director Sustainable Development

IN BRIEF • The subject land is a freehold lot owned by the Shire of Augusta Margaret River. • The future use of the land has for many years been a matter for consideration as part of the Land

Asset Management Plan (LAMP). • Council resolved in 2016 to request a report which considers the best use of the land including (if

deemed appropriate) initiation of a scheme amendment. • It is recommended that an amendment be initiated to rezone the land to ‘Rural Residential’ thus

making it suitable for private use and potential sale. RECOMMENDATION That Council modifies the Scheme maps to rezone Lot 27 Greenhill Road, Augusta from ‘Local Reserve – Public Purpose’ to ‘Rural Residential’; TABLED ITEMS Nil SITE AND SURROUNDS The Site is 9228m2 in size and is located on the fringe of an existing rural residential development focussed around Calkarri Drive, west of the Augusta townsite. The size of the land is somewhat of an anomaly in that existing rural residential lots in the locality range between 2ha and 3ha. To the east of the Site is a reserve vested in the Shire for the purposes of gravel extraction.

Figure 1 – Subject Land


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BACKGROUND Recommendations included in the LAMP document as adopted by Council over time include the following: 11 March 2011 That Council gives in principle support to a scheme amendment being prepared to rezone lot 27 Greenhill Road along with Reserve 27267, Lot 4385 Greenhill Road, Augusta from Public Purposes to Rural Residential. 11 June 2014 (OM2014/109) That Council: 1) Rezones Lot 27 Greenhill Road, Augusta from Public Purposes to Rural Residential. 2) Identifies Lot 27 Greenhill Road, Augusta as a priority property to be sold at an appropriate time to contribute towards funding key community projects in the Augusta area. 3) Retains this item as a short term priority in LAMP. 14 December 2016 (OM2016/279) 1) Determine whether the site should be rezoned for development at the time the Scheme Amendment

Report is presented to Council. 2) Retain this item as a short term priority in LAMP. THE PROPOSAL The Site is freehold land owned by the Shire. As such the Shire is able to dispose of the land as it sees fit, subject to fulfilling the provisions of the Local Government Act 1995. In order to maximise the value of the land and allow a subsequent owner to develop the land for residential purposes consistent with the type of development which occurs in the surrounding locality, rezoning of the land to ‘Rural Residential’ is required. PLANNING FRAMEWORK Leeuwin Naturaliste Statement of Planning Policy 6.1 The subject land is identified as ‘Rural Residential’ by the LNRSPP. The LNRSPP therefore supports a proposal to amend the zoning of the land. LPS1 The subject land is currently reserved for ‘Public Purposes’ by LPS1. If the Shire intends to sell the land for residential purposes, the zoning would need to be changed by way of a scheme amendment to ‘Rural Residential’ consistent with the zoning of land to the west. The provisions of LPS1 which relate to the ‘Rural Residential’ zone will appropriately guide any future land use and development which might occur on the land. CONSULTATION If an Amendment is initiated by Council, consultation will occur in accordance with the Planning and Development (Local Planning Scheme) Regulations 2015. DISCUSSION Origins of the subject land A guide plan prepared in advance of subdivision of the surrounding area in 1988 shows the subject land, but does not prescribe a future purpose being either rural residential or public open space reserve (see Figure 2). It may have been intended to amalgamate the lot with the adjoining reserve, however this did not occur. It should be noted that the lot was not required via the subdivision process to be retained for use as Public Open Space (POS) and POS is not generally a requirement for rural residential subdivision. A large portion of the Site was in any case ceded and has since become part of the Leeuwin Naturaliste National Park. The Site was created in 1990, in conjunction with the creation of 26 rural residential lots which form ‘Calkarri Rise’.


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Figure 2 – Except from Guide (Structure) Plan Impact Upon Vegetation The Shire’s environmental officers confirm that vegetation which exists on the site consists primarily of Eastern States Eucalypts, likely to be a combination of Swamp Mahogany and Sydney Blue Gums, along with a few Tuart and Karri trees (see Figure 3). Of that vegetation only Karri trees naturally occur in the area, and the others are non-endemic. There is very limited native understorey. Notwithstanding the Shire’s assessment, initiation of the amendment will allow consideration of the proposal by the Department of Parks and Wildlife and the Environmental Protection Authority, who will provide advice as to the acceptability or otherwise of removal for dwelling construction and fire management purposes. At this time however, the removal of the vegetation for future residential development does not appear to have any negative environmental consequences. Density The Site is considerably smaller in size than surrounding lots which are in the order of 2-3ha. Whilst not common, it is technically possible for the site at 9228m2 to be zoned ‘Rural Residential’ and this zone would best fit with the future use and development of the Site.

Subject Land


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Figure 3 – Vegetation on the subject land Fire Management The Shire commissioned the preparation of a Bush Fire Attack Level (BAL) Assessment and bushfire management plan in order to determine whether or not residential development on the site could comply with State Planning Policy 3.7 ‘Planning in Bushfire Prone Areas’ (SPP3.7). As shown at Figure 4, a notational building envelope located centrally within the lot would achieve a BAL rating of 29 without requiring modification of vegetation outside of the Site. This is considered an acceptable level of risk by SPP 3.7. If Council resolve to support an amendment, the proposal will be further considered by the Department of Fire and Emergency Services (DFES) during the consultation process.


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Figure 4 – Except from BAL Assessment CONCLUSION At the present time, the Site is not being actively used by the Shire or the community. Rezoning and sale of the land provides the opportunity for the Shire to derive a financial benefit which could then be utilised to achieve Council’s strategic objectives such as the delivery of infrastructure to the Augusta community. 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 If initiated, the Amendment will be progressed by Shire staff utilising available resources. SUSTAINABILITY IMPLICATIONS Environmental The vegetation which exists on the site is classified as being of low value. Social Surrounding residents will be consulted regarding the potential impact of the proposal on their amenity.


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Economic The Amendment, if initiated, will provide the opportunity to increase the value of the land thus providing a greater financial return to the community if it is sold. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. In pursuance of Section 75 of the Planning and Development Act 2005, amends Local Planning

Scheme No. 1 by modifying the Scheme maps to rezone Lot 27 Greenhill Road, Augusta from ‘Reserve – Public Purpose’ to ‘Rural Residential’; and

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

Development (Local Planning Schemes) Regulations 2015 for the following reason: “The amendment does not result in any significant environmental, social, economic or governance impacts on land in the scheme area”

ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS Nil RECOMMENDATION / COUNCIL DECISION CR SMART, CR HASTIE OM2017/29 That Council: 1. In pursuance of Section 75 of the Planning and Development Act 2005, amends Local

Planning Scheme No. 1 by modifying the Scheme maps to rezone Lot 27 Greenhill Road, Augusta from ‘Reserve – Public Purpose’ to ‘Rural Residential’; and

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

Development (Local Planning Schemes) Regulations 2015 for the following reason: “The amendment does not result in any significant environmental, social, economic or governance impacts on land in the scheme area”

CARRIED 7/0


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11.2.2 STRUCTURE PLAN - LOT 126 CAVES ROAD, MARGARET RIVER LOCATION/ADDRESS Lot 126 Caves Road, Margaret River APPLICANT/LANDOWNER RPS Australia Pty Ltd FILE REFERENCE PTY/10049; LND/153SP REPORT AUTHOR Lucy Gouws, Planning Officer AUTHORISING OFFICER Dale Putland, Director Sustainable Development

IN BRIEF • Lot 126 Caves Road, Margaret River (the Site) is a 5.59ha Rural Residential lot located on Caves

Road, Margaret River. There are specific provisions under Schedule 7 of the Local Planning Scheme that allows for the future subdivision of the site into two (2) lots, upon the preparation of a Structure Plan.

• The Structure Plan before Council is to create two (2) rural residential lots, Lot 1 a 2.85ha, and Lot 2 a 2.59ha lot.

• Consultation with government agencies and further assessment resulted in some recommended modifications to the proposal to address matters in relation to: - Fire management measures being achieved within the site, - Reducing the size of the building envelopes, - Ensuring the protection of identified habitat trees, - Preventing access from the lots onto Caves Road, and - Preventing the subdivision of the lots until such time as the road ‘Cusmano Retreat’ is created.

• Minor modifications have been undertaken to the proposal to reach a point where the Structure Plan is considered acceptable for adoption.

RECOMMENDATION That Council, in accordance with clause 20(2)(e) of the Deemed Provisions of Local Planning Scheme No.1, recommends that the WAPC approve the Structure Plan (Revision c) for Lot 126 Caves Road, Margaret River. TABLED ITEMS Structure Plan LOCATION PLAN The Site is located on Caves Road approximately 5km northwest of the Margaret River Townsite (see Figure 1). The Site is currently undeveloped, and is covered in native vegetation. The site is located within a Rural Residential precinct that includes Kilcarnup and Burnside Road.


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Figure 1 : Location Plan – Lot 126 Caves Road, Margaret River Surrounding land is predominantly Rural Residential; with land zoned Leeuwin Naturaliste Ridge and Priority Agricultural to the north as illustrated by Figure 3. BACKGROUND Lot 126 Caves Road (the Site) was created in the 1990’s as part of the Kilcarnup subdivision to the west of Caves Road. A subdivision approval was granted for three (3) lots; Lot’s 9001, 9501 and 220 Burnside Road. Lot 9501 has further subdivision potential for rural residential purposes. This subdivision created Cusmano Retreat and Burnside Road roads. Both roads are integral to the proposal as they will provide the Site with access to the road network. To date this extension of Burnside Road has not been constructed. A subsequent subdivision in 2014 for Lot 9501 was approved to create an additional twelve (12) Rural Residential lots. It is this particular subdivision that will trigger the construction of the extension of Burnside Road, and Cusmano Retreat. As neither of these roads have been constructed, the Site currently has no constructed access for subdivision purposes. Lot 9001 and a portion of Lot 9501 are the land on which Council recently determined a local law permit application for an existing extractive industry. The land is in excess of 500 metres from any existing or potentially active area of the extractive industry. CONSULTATION AND ADVICE A total of fourteen submissions were received during the advertising period, three from private residents and eleven from State Government agencies/service providers. See Attachment 2 for the detailed schedule of the submissions. No objections to the Structure Plan were raised by government agencies/service providers. PLANNING FRAMEWORK The subject site is identified in the Scheme as Rural Residential R-R21 linking the site to specific provisions under Schedule 7 of the Scheme, as shown in Figure 2 below.


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Scheme Map Ref No.

Site Description Specific Conditions and Requirements

R-R21 Lot 156, Caves Road, Margaret River 1. The lot may be subdivided into 2 separate lots subject to the preparation of a Structure Plan endorsed by the Local Government and the Western Australian Planning Commission in accordance with Clause 6.2 of the Scheme.

Figure 2 – Extract from Schedule 7 of the Scheme Special Provisions relating to development of land zoned “Rural Residential”

Figure 3 – Existing zoning of the site and surrounding area In accordance with the conditions specified in the Scheme under R-R21 the Structure Plan is to guide the future subdivision of the site, (see Attachment 1 to view the Structure Plan). The proposal will allow the creation of two (2) rural residential lots in the formation of a battle-axe arrangement. DISCUSSION / OFFICER COMMENTS The consultation process of the Structure Plan has confirmed support for the proposal with some minor modifications. The main areas that have been addressed have been in relation to achieving the necessary fire management measures whilst preserving the significant habitat trees. Following consultation, the Structure Plan has been modified as discussed Fire Management The Site slopes down towards the south western corner. The Site is mostly vegetated with 15-20m high Marri trees with an understorey of Peppermint and Grass Trees. The Bushfire Management Plan (BMP) dated July 2015 concluded that a Bushfire Attack Level (BAL) of BAL-29 was able to be achieved within the proposed lots. A BAL-29 is within the high bushfire rating but is considered acceptable. In order to achieve a BAL-29 an area of 27m is to be cleared of vegetation surrounding future dwellings. All future clearing is contained within the boundaries of future lots. The structure plan has been revised to ensure that the 27m APZ surrounds the building envelope and ensures that all clearing will be achieved within the lot boundaries.

Subject Site

Rural Residential

Rural Residential

Priority Agriculture Leeuwin Naturalist Ridge


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Building Envelopes The proposal initially included building envelope sizes of 2765m² and 3500m². Following consultation with DPaW it was agreed that the building envelopes were required to be reduced to 2000m², reflecting the standard size for building envelopes within the Local Planning Scheme No.1 (LPS1). The reduction of the building envelopes also reduces impacts to vegetation and ensures the twelve (12) habitat trees were not compromised. The Structure Plan has been modified to address this. Environmental Following consultation, additional measures to ensure protection of the twelve (12) identified habitat trees were agreed with the applicant and incorporated within the proposal. A specific provision has been included in the Structure Plan requiring the retention of habitat trees, which can be preserved while meeting the requirements of the BMP. Access Access to the lots has been shown from Cusmano Retreat. It is recognised that proposing an access from a road that has not been constructed is not an ideal situation, as the proposal is relying on a third party to carry out the construction of the road. This access arrangement will inhibit the subdivision until such time as Cusmano Retreat and a portion of Burnside Road has been created. The applicant has acknowledged this situation within the proposal and is fully aware that the subdivision of the Site is restricted until the access is constructed. CONCLUSION It has been determined that the proposal is now at a position that is worthy of support. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) 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 significant impact. Social The creation of one (1) additional lot for the development of a single residence. Economic The subdivider will be responsible for the provision of the necessary infrastructure and required to make developer contributions for the creation of an additional lot. The applicant has paid the necessary fees for the processing of the amendment. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council, in accordance with clause 20(2)(e) of the Deemed Provisions of Local Planning Scheme No.1, recommends that the WAPC approve the Structure Plan (Revision c) for Lot 126 Caves Road, Margaret River. ADVICE TO APPLICANT / PROPONENT Nil


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ATTACHMENTS 1. Proposed Structure Plan 2. Schedule of Submissions RECOMMENDATION / COUNCIL DECISION CR KENNAUGH, CR HASTIE OM2017/30 That Council, in accordance with clause 20(2)(e) of the Deemed Provisions of Local Planning Scheme No.1, recommends that the WAPC approve the Structure Plan (Revision c) for Lot 126 Caves Road, Margaret River.

CARRIED 4/3 CRS LANE, HAYNES AND TOWNSHEND VOTED AGAINST


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11.2.3 SUSTAINABILITY ADVISORY COMMITTEE MINUTES 15 DECEMBER 2016 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE LND/115 REPORT AUTHOR Jared Drummond, Sustainability Planning Officer AUTHORISING OFFICER Dale Putland, Director Sustainable Development

IN BRIEF • This report is a summary of the Sustainability Advisory Committee (SAC) minutes from 15

December 2016 (Attachment 1). • The report discusses the following SAC items which are reflective of recommendations moved at

the SAC meeting: - Western Ringtail Possum Protection; - Feral animal control; - Plastic Bag Reduction; - Interactive “environmental assets” screen; and - Business Energy Seminar.

RECOMMENDATION That Council:

1. Receives the minutes of the Sustainability Advisory Committee held on 15 December 2016; and

2. Proposes to CapeROC that the CapeROC pursue joint submission to WALGA seeking the state government to pursue a plastic bag ban.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Sustainability Advisory Committee minutes from 15 December 2016 provide the basis for the report. CONSULTATION AND ADVICE The report items have been discussed with SAC members and Shire staff DISCUSSION Western Ringtail Possum Protection Dr Bradshaw advised that he has prepared a report, Ensuring the long-term survival of the endangered Western Ringtail Possum in the Shire: The impact of recent fires and the threat of future fires. The report focuses on the major factors thought to be contributing to the decline of the ringtail possum, including habitat loss and/or modification. Dr Bradshaw set out that clearing of coastal Peppermint in the Bunbury-Augusta and Albany areas is contributing to habitat fragmentation while prescribed burning of these areas needs to be managed to maximise population survival and enhancement. Historically, housing developments have led to clearing of peppermints, forcing possums to come to the ground at night where they are vulnerable to predation by cats and dogs. Dr Bradshaw’s report includes the following observation: The 2011 fire in Margaret River/Prevelly resulted in death and injury to substantial numbers of Ringtail possums according to reports from carers in Dunsborough and Busselton. The fire that threatened East


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Augusta, and led to the evacuation of all residents, fortunately did not reach the Townsite. East Augusta is home to a large localised population of ringtails that has been monitored by the Environmental Research Group Augusta (ERGA) for the past two decades. Local residents are fearful of another fire in the future and DFES has commenced planning to ‘fire-proof’ the townsite. Unless made aware of the ringtail population, this could result in extensive clearing of peppermint trees with the loss of essential habitat for ringtails. ERGA has been in contact with the FCO for East Augusta, raising the problem of the long-term protection of ringtail possum habitat, but discussions need to proceed with DFES representatives, who are probably unaware of the situation in the Shire. Dr Bradshaw stressed the need for consultation with DFES on hazard reduction burns where ringtail possums are present. He also requested development of a web-based information policy on ringtail possums. Officer’s note that Council adopted a similar motion in 2015, and allocated funding to implement such measures. The actions set out below will be implemented in the 2016/17 financial year through funding already committed for such initiatives. Further information could be sought from DFES on the intended prescribed burning program.

MOTION / SAC DECISION MOVED: D BRADSHAW SECONDED: N DORNAN SAC2016/12 That the SAC requests shire staff consider:

1. Requesting feedback from DFES on any prescribed burning that is planned or has taken place in habitat within the Shire that is likely to be occupied by Western ringtail possums.

2. Developing a web-based information policy designed to increase the public’s awareness of an Endangered marsupial species in its midst.

CARRIED 11/0 Feral animal control Following on from the above report, and the desire to provide further protection to the ringtail possum, the SAC agreed that a working group should be established, with an aim of focussing their efforts on feral animal control. This proposal is consistent with the Shire’s objectives to protect important conservation values and other similar conservation based initiatives already in place. The working group is expected to consist of mainly SAC members, with support from Shire officers where necessary. Any recommendations stemming from the group, requiring either on-going resources or funding would need to go to Council for determination. MOTION / SAC DECISION MOVED: K COLLINS SECONDED: CR LANE SAC2016/13 That the Shire considers supporting: Establishment of a small working group to investigate options for feral animal control within the Shire.

CARRIED 10/0 Plastic Bag Reduction The Western Australian Local Government Association (WALGA) in conjunction with the Municipal Waste Authority Council (MWAC) prepared a draft Discussion Paper (August 2016) on the use of plastic bags. Local governments across Western Australia were requested to provide comment on the discussion paper, specifically on whether the there is support for development of a local law or state wide reduction in the use of plastic bags. The Shire drafted a submission in November 2016, supporting development of a state wide ban over a local law, which is considered a more effective option. Although the submission period has closed, the SAC have recommended that Council request CapeROC to lobby WALGA for a plastic bag ban. As a state wide initiative is yet to be developed by WALGA, now would be an appropriate time to lobby for such an initiative. The motion set out below is supported from an officer level. MOTION / SAC DECISION MOVED: Cr HAYNES SECONDED: L BAILEY SAC2016/14 That Council proposes to CapeROC that the CapeROC Council lobby WALGA to pressure state government to pursue a plastic bag ban.


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CARRIED 11/0

Interactive “environmental assets” screen SAC discussed the establishment of an interactive “environmental assets” screen, to be displayed at the Shire offices (preferably the foyer, and possibly also the library and MRBTA offices) showing a map of the Shire. The proposed interactive display would expand on GIS mapping that was acquired during the Curtin University Sustainability Policy (CUSP) and Shire Climate Change conference in April, and other material that could readily be produced.

Councillor Lane discussed the purpose of the display is to reflect the Shire’s key objective of “protection of the environment” by ensuring that the Shire (and members of the public) understand our environmental assets, and are able to readily convey what they are and how they are to be protected. Councillor Lane added that CUSP has expressed interest in developing this project further. Councillor Lane explained that funding could be sought through the Environmental Management Fund for the 2017-18 financial year, or share funding with another government agency.

STATUTORY ENVIRONMENT The SAC minutes are consistent with the adopted Terms of Reference (Instrument of Appointment and Delegation). The Committee was held in accordance with Section 8 of the Local Government Act 1995. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016-2020 Goal 2: Welcoming and inclusive communities Community Outcome 2.6: Safer communities Strategic Response 2.6.1: Provide community safety through regulatory and support programs Service level strategy/plan 2.6.1.2: Implement Fuel Hazard Reduction and Firebreak Notice, including program improvements from contractor, community, BFAC and SAC feedback PLANNING FRAMEWORK The proposed projects are consistent with the SAC’s Terms of Reference. FINANCIAL IMPLICATIONS No financial implications. SUSTAINABILITY IMPLICATIONS Environmental Lobbying for a plastic bag ban has regional and state wide benefits, specifically reducing waste to landfill and marine debris. Social The proposed initiative will promote the Shire as an environmentally responsible organisation. Economic Protecting and enhancing the natural environment is expected to contribute to nature based tourism opportunities. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Receives the minutes of the Sustainability Advisory Committee held on 15 December 2016. 2. Proposes to CapeROC that the CapeROC pursue joint submission to WALGA seeking the state

government to pursue a plastic bag ban.

ATTACHMENTS 1. Sustainability Advisory Committee Meeting Minutes – 15 December 2016


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RECOMMENDATION / COUNCIL DECISION CR HAYNES, CR TOWNSHEND OM2017/31 That Council: 1. Receives the minutes of the Sustainability Advisory Committee held on 15 December 2016. 2. Proposes to CapeROC that the CapeROC pursue joint submission to WALGA seeking the

state government to pursue a plastic bag ban. CARRIED 7/0


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11.2.4 DEVELOPMENT ASSESSMENT PANEL - NOMINATION OF COUNCIL REPRESENTATIVES LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Department of Planning FILE REFERENCE LND/126 REPORT AUTHOR Dale Putland, Director Sustainable Development AUTHORISING OFFICER Gary Evershed, Chief Executive Officer

IN BRIEF • The Department of Planning (DOP) has advised that current Development Assessment Panel

(DAP) appointments expire on 26 April 2017. • Council is requested to nominate four Councillors, comprising local members and two alternative

members, to represent Council on the DAP. • All DAP members must undertake mandatory training before they sit on a DAP and determine

applications RECOMMENDATION That Council

a) Appoints Cr_______________________ and Cr as the Shire of Augusta Margaret River nominees for the South West Joint Development Assessment Panel; and

b) Appoints Cr________________________ and Cr as alternate Shire of Augusta

Margaret River nominees for the South West Joint Development Assessment Panel. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Development Assessment Panels (DAPs) were established in 2011 and are independent decision-making bodies comprised of technical experts and elected local government representatives. These panels determine development applications that meet set type and value thresholds as if it were the responsible authority under the local planning scheme. The DAP regulations state that DAP applications cannot be determined by local government or the Western Australian Planning Commission (WAPC). It is mandatory for development applications with a value of more than $7million to be determined by a DAP. In addition, applicants may also opt to have the application determined by a DAP if the value is between $3million and $7million. Council may also request the DAP to consider development applications that it deems significant and that it believes should be referred to the DAP for determination. Each DAP consists of five panel members, three being specialist members and two local government councillors. All DAP members, including alternative members, must undertake mandatory training before they sit on a DAP and determine applications. Training consists of a half-day session covering areas such as planning and the law, and DAP processes. The current DAP appointments expire on 26 April 2017 and Council has been requested to nominate four Councillors, comprising two members and two alternative members, to represent Council on the


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DAP. The Minister for Planning will consider and appoint nominees for up to a three-year term, expiring on 26 April 2020. Recent changes to the DAP regulations ensure that If a DAP member’s term of office expires, that member’s term is extended for a maximum of three months, or until it is filled either by reappointment of the same member, or by appointment of a replacement member. This extension does not apply in instances where the DAP member resigns or is removed from office. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Nil DISCUSSION / OFFICER COMMENTS The process to nominate and appoint DAP representatives to the DAP does not align with Local Government electoral processes. Therefore, Council nominees due for election this year will be appointed for a relatively short period, with new applications for vacant DAP positions being sort soon after the next round of Council elections. To avoid unnecessary complication, the Department of Planning has advised that it is happy to consider renomination of existing Council representatives. However, one of the existing representatives has advised that they have been unable to complete the mandatory training, leaving them ineligible to sit on the DAP. Whilst there have been a very small number of applications lodged in the Shire that approach the DAP threshold and a low likelihood that two representatives will be unavailable on the date of the hearing, their high value and importance to the Shire make it essential that the Shire is fully represented on the panel. Council is therefore requested to consider renomination of members who have already undertaken training to the DAP and appoint one additional alternative member. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Nil STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016-2020 Goal 3: Managing Growth Sustainably Community Outcome: clearly identifying areas for growth and renewal Strategic Response: Implement Local Planning Scheme No. 1 Service level strategy / plan: Provide planning services PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Nil


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VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council

a) Appoints Cr_______________________ and Cr as the Shire of Augusta Margaret River nominees for the South West Joint Development Assessment Panel; and

b) Appoints Cr________________________ and Cr as alternate Shire of Augusta

Margaret River nominees for the South West Joint Development Assessment Panel. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS Nil RECOMMENDATION / COUNCIL DECISION CR KENNAUGH, CR LANE OM2017/32 That Council

a) Appoints Cr Earl and Cr Kennaugh as the Shire of Augusta Margaret River nominees for the South West Joint Development Assessment Panel; and

b) Appoints Cr Townshend and Cr Smart as alternate Shire of Augusta Margaret River

nominees for the South West Joint Development Assessment Panel. CARRIED 7/0


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11.2.5 PROPOSED TELECOMUNICATIONS INFRASTRUCTURE (MOBILE PHONE TOWER) LOCATION/ADDRESS 101 (Lot 2) Palandri Road, Burnside APPLICANT/LANDOWNER Daly International Pty Ltd (On Behalf of Optus) FILE REFERENCE P216507; PTY/5787 REPORT AUTHOR Matt Slocomb, Senior Planning Officer AUTHORISING OFFICER Dale Putland, Director Sustainable Development

Cr Lane left Chambers at 6.36pm as he disclosed a proximity interest at Item 3.0 Disclosures of interest. IN BRIEF • A proposal has been received for the development of telecommunications infrastructure (60m high

telecommunications tower for mobile phone transmission) at 101 (Lot 2) Palandri Road, Burnside (the Site).

• The proposal was publically advertised and a total of 16 submissions were received, two of which were indifferent to the proposal, the other 14 were opposed to the proposal. Those opposed were largely in relation to visual impacts and health concerns.

• The applicant has demonstrated that the proposal is compliant with the relevant policy requirements applicable to development of this nature.

RECOMMENDATION That Council approves the proposed Telecommunications Infrastructure (Mobile Phone Tower) at 101 (Lot 2) Palandri Road, Burnside, subject to compliance with conditions. LOCATION 101 Palandri Road is located approximately 5.8km north west of the Margaret River Townsite and is approximately 58ha in area. The Site is currently improved by a dwelling and vineyards, identified below at Figure 1. The Site is currently zoned Priority Agriculture, with a small portion in the north west zoned as Leeuwin Naturaliste Ridge Landscape Amenity.

Figure 1. Location Plan


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PROPOSAL The proposal involves the installation of a new telecommunications facility by Optus, and is comprised of the following: • 60m high lattice tower; • Six panel antennas mounted on a triangular headframe fixed to the monopole, and one dish

antenna located below; • Equipment shelter; • Ancillary equipment associated with the operation of the facility. The tower and associated infrastructure will be enclosed within a secure compound, which measures approximately 60m² in area. The proposed development will be setback 313m from the side (western) boundary and 40m from the rear (southern) boundary at the closest point. It is noted that these setbacks relate to the compound area and tower, with the anchor point for one of the guy wires being located 10m from the southern boundary. The nearest neighbouring dwelling is located approximately 480m south east of the proposed development location. TABLED ITEMS Nil BACKGROUND Nil PLANNING FRAMEWORK State Planning Policy 5.2 – Telecommunications Infrastructure (SPP5.2) SPP 5.2 provides a range of matters to be considered when determining planning applications for telecommunications infrastructure. • The extent to which the proposal contributes to the social and economic benefits of affordable and

convenient access to modern telecommunications services for people and business throughout the state.

• The need to ensure continuity of supply of telecommunications services to people and businesses in the local area or region.

• The extent to which the proposal enhances or maintains visual amenity including streetscape and minimises adverse visual impacts.

• The degree to which the proposal is co-located with existing services. • The extent to which the proposal adheres to the guiding principles for the location, siting and design

of telecommunications infrastructure set out in section 5.1 of the policy. Specifically, with regard to siting and design, section 5.1 of SPP5.2 states that facilities need to meet the communication needs of the community; visual impacts should be minimised; co-location and integration with other services should be sought where possible and measures such as colour coordination and landscaping to screen at least the base of the towers and ancillary structures should be used where appropriate to minimise the visual impact of telecommunication facilities. Local Planning Strategy The area that the tower is proposed to be located is within Visual Management Area B and is also located within a Travel Route Corridor pursuant to the Shires LPS. The LPS contains visual management objectives based on areas and their level of visual sensitivity, with visual management B being of moderate significance. Local Planning Scheme No.1 Telecommunications Infrastructure is a discretionary use within the Priority Agriculture zone. There aren’t any specific provisions which relate to this form of development, and any planning application needs to be assessed in the context of the objectives of the zone, which is discussed further in the consultation section of the report.


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CONSULTATION External Consultation The Proposal was advertised to landowners within a 1km radius of the proposed development location, information was placed on the Shire’s website and the proposal was advertised in a locally circulating newspaper for a duration of two weeks. At the closure of the consultation period the Shire had received a total of 16 submissions, two of which were indifferent to the proposal, the other 14 were opposed to the proposal. For a detailed description of the submissions and related officer comments and recommendations refer to the Schedule of Submission (Attachment 2). The main areas of concern are addressed in turn: Potential impacts on Human Health A number of concerns were raised in respect to human health impacts associated with the proposal, as well as some general comments provided in respect to the limits of electromagnetic (EME) radiation exposure in Australia (the ARPANSA standard). Specific comments were provided indicating that there is still uncertainty associated with radiation producing non-heating (athermal) effects on the body, with adverse health effects from Radio Frequency radiation at non-heating levels of exposure - levels that are below international standards. Additionally, the comparison has been made that current Australian legislation allows public exposures of up to 1,000 µW/cm² whilst other countries have adopted lower standards (Switzerland limits exposure in sensitive areas to 4 µW/cm2, Christchurch Council in New Zealand have introduced a limit of 2 µW/cm2). Irrespective of the appropriateness or otherwise of the ARPANSA standard, the applicant is obliged to comply with the current legislative standard set in respect to radiation and cannot be compelled to meet higher standards. The predicted EME radiation for the types of radio systems being proposed by the applicant range between 0.033% to 0.11% of the 1,000 µW/cm² exposure limit provided under the standard (highest reading between 300 – 500m from the proposed site). Emissions associated with the tower will equate to approximately 1.1µW/cm² within 300 – 500m. Visual Amenity As previously noted, the area in which the tower is proposed is to be located within Visual Management Area B and within a Travel Route Corridor pursuant to the Shires Local Planning Strategy. The broad guideline for Visual Management Area ‘B’ is that developments may be visually apparent but should nevertheless be subordinate to established landscape patterns. Introduced visual elements may be apparent in the landscape but should not be visually dominant. In respect to the travel route corridor requirements (Caves Road) a number of requirements focus on the preservation of remnant vegetation where possible. In this case the proposal does not involve the removal of any vegetation. The key requirement which is applicable to this proposal is clause 3.7.10 which requires the prevention any proposal which would adversely affect the amenity, rural character and landscape values of the area concerned. The provision goes onto state that where development must be exposed, the Shire will encourage the use of materials which will be complementary to, or enhance, the rural landscape. In addition to the above, SPP5.2 states that telecommunications infrastructure should be sited and designed to minimise visual impact wherever possible, and in particular should not be prominently visible from significant viewing locations such as scenic routes, lookouts and recreations sites. In respect to this requirement, Figure 2 depicts a photo montage of the tower as viewed from the intersection of Caves and Palandri Road. Although there may be points along Caves Road where the tower is visible, the verge area of Caves Road is predominantly vegetated therefore views of the structure is limited to glimpses where there are breaks in the vegetation. The distance of the tower from Caves Road, being 950m (at closest point) will assist to minimise visual impacts. Within the policy framework there is capacity for material finishes to be considered as a means to reduce the visual impact of the proposal. Whilst a non-reflective material could potentially reduce the visual impact, this has not been required in proposals in much more


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prominent locations (such as Gracetown) and in this respect this measure has not been sought in this instance.

Figure 2. Photo Montage of Proposed Tower The proposal will have a visual impact on adjoining properties due to the size of the structure. However, a number of the adjoining properties are not yet developed, allowing dwellings to be designed so as to minimise views of the tower if so desired. Additionally, landscape screening may be provided around the base of the tower in order to reduce the more immediate visual impacts. Whilst this cannot ameliorate the overall impact, it will reduce visibility of the equipment shelter and lower reaches of the tower. Accordingly, it is recommended that a condition be enclosed to require that landscaping is provided in this case. Consistency with objectives of the zone The objectives of the zone which are applicable to the subject application are discussed below: To provide for a strong sustainable agricultural industry that is sufficiently flexible in response to changing industry circumstances by protecting the long term availability of suitable land for a diverse range of agricultural purposes.

The physical structure associated with the development is not considered to result in a substantial impact in terms of land availability as the area of the application is not substantive or intensively used as part of the agricultural operation.

To manage land use changes so that the rural productivity and the rural character and amenity of land within the zone is preserved.

As outlined above the use will not have an impact in terms of the productivity of the subject site or adjoining land. Impacts associated with visual amenity have been discussed above. It is considered that telecommunications infrastructure, where provided in a dispersed and non-intensive


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manner will not be detrimental to the prevailing character of the agricultural area.

To maintain and enhance the environmental qualities of the landscape and attractive rural scenery of land within the zone, and to promote sustainable environmental management practices.

As outlined above, the location of the proposed tower will have a limited impact on the rural scenery as seen from the main transport routes adjacent to the site. There will be an impact on adjoining properties, however this can be mitigated in part through landscape screening provided around the base of the tower.

Question of genuine need for additional telecommunications infrastructure Throughout the consultation process a question was raised in respect as to whether there was a genuine need for the telecommunications infrastructure to be provided in this location. This is an important aspect in considering the proposal given as the clause 5.1.1v) of SPP5.2 promotes the co-location of infrastructure where ever possible. Coverage maps have been provided by Optus (Figure 3) which show the area currently serviced by Optus and the area which will be serviced by the subject proposal. As a part of the application, the proponent has undertaken a feasibility study of a number of locations for new infrastructure as well as the use of existing infrastructure in the locality (colocation). Co-location options are limited in this area, and there is no capacity for co-location on existing towers that would provide coverage. The remaining option for colocation which does not yet contain Optus infrastructure is the 45m NBN monopole proposed to be located at 599 Wallcliffe Road, Margaret River (Margaret River Golf Course). However, this tower is yet to be constructed and does not have planning approval from the Shire. It has been identified that given the distance from the intended coverage area that this option will only provide coverage for part of the target area. Two additional locations were suggested through the consultation which are annotated on the coverage plan provided at Figure 3 and are discussed further below:

Site Discussion A Located approximately 3km north west of the proposed site. This is a fire

observation tower owned by the Department of Parks and Wildlife. Optus radio frequency engineers have determined that the tower would only be capable of servicing approximately 40% of the target area.

B This tower was not able to be located both via a site inspection and reviewing the Shires records to determine if planning approval has been granted for infrastructure in this location.

Future intensification of development Concerns relating to the future colocation of services on the tower after construction were submitted on a number of occasions. Whilst the Shire is not aware of any proposals to co-locate services on the proposed tower, any additional carriers looking to add infrastructure to the tower would need to comply with the ARPANSA standard. Given the exemptions that exist for low impact facilities and the promotion of for the colocation of facilities as provided under the SPP5.2 it is reasonable to expect that if approved additional services could be added to the tower, however would need to be done so within the confines of the existing legislative requirements.


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Figure 3. Coverage maps of the locality. Possible modifications required to Palandri Road The applicant has advised that the towers are transported in components and assembled on the site. In this respect there will be no alterations required to the Palandri Road reserve to facilitate development. DISCUSSION / OFFICER COMMENTS Subject Proposal As is often the case with telecommunication infrastructure there is a need to balance the considerable benefits from an economic development, social and community safety perspective with visual impacts associated with such development. Visual impacts associated with the development of this nature are unavoidable, however the key consideration is the extent and degree of impact that will result. Based on the discussion provided above

A B


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it is considered that impact on the locality will be limited, particularly given the separation distance from major travel routes and the extent of existing screening vegetation in the area. The greatest visual impact will be on properties adjoining the development location. Whilst these impacts are difficult to mitigate, it is advantageous in this case that some of the adjoining sites are undeveloped and design responses will be available to reduce the visual impact associated with the proposal. In addition to the above, a condition has been proposed requiring the provision and implementation of a landscaping plan which will aid in screening the lower parts of the tower and the equipment shelter. It is acknowledged that this will not completely ameliorate visual impacts but will mitigate impacts for the adjoining properties. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016-2020 Goal 3: Managing Growth Sustainably Community Outcome 3.1: Clearly defined areas for growth and renewal Strategic Response: Implement Local Planning Scheme No. 1 Service level strategy/plan: Provide planning services FINANCIAL IMPLICATIONS Nil. SUSTAINABILITY IMPLICATIONS Environmental The proposal does not involve the removal of any remnant vegetation located on the site. Social As outlined above there will be some visual amenity impacts which will be experienced by adjoining property owners as a consequence of development. Additionally, the provision of telecommunications services in a consistent manner across the Shire is beneficial from a community safety perspective. Economic Increased and reliable access to telecommunications is beneficial for economic development, particularly for business and people working from home within the area. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: Approves the application for Telecommunications Infrastructure (Mobile Phone Tower) at 101 (Lot 2) Palandri Road, Burnside subject to compliance with the following conditions:

1. The development is to be carried out in compliance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent.

Plans and Specifications P1 – P2 received at the Shire on the 22 September 2016.

2. If the development, the subject of this approval, is not substantially commenced within two (2) years from the date of this letter, the approval will lapse and be of no further effect. Where an approval has lapsed, development is prohibited without further approval being obtained.

3. The approved telecommunications tower is permitted at a maximum height of 60m measured from ground level.

4. Additional vegetation screening shall be planted on the boundaries of the site as shown on the approved plan marked P1 in accordance with an approved landscape plan. The Approved


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Landscaping Plan shall be implemented at the commencement of works and shall be maintained at all times to the satisfaction of the Shire.

5. A landscape plan shall be prepared to the satisfaction of the shire and be submitted to the shire for approval prior to the commencement of works. The approved landscaping plan shall be implemented at the commencement of the works. The landscape plan shall be drawn to scale and show the location, name and mature heights of existing and proposed trees.

6. The existing trees on the lot and adjoining properties shall not be impacted by the excavation or construction phases of the development.

ADVICE NOTES This is not a Building Permit. A Certified Building Permit application to commence work must be lodged to the Permit Authority in accordance with the Building Act 2011. ATTACHMENTS 1. Plans for Tower 2. Schedule of Submissions 3. Applicant Response to Submissions ADDENDUM 11.2.5 PRPOSED TELECOMMUNICATIONS INFRASTRUCTURE (MOBILE PHONE TOWER) This addendum provides a modified recommendation and further information on proximity to private runways and the location of the proposed infrastructure in relation to adjoining properties. MODIFIED RECOMMENDATION The officers’ recommendation has been modified to include an additional condition as highlighted in yellow: That Council: Approves the application for Telecommunications Infrastructure (Mobile Phone Tower) at 101 (Lot 2) Palandri Road, Burnside subject to compliance with the following conditions:





4. Additional vegetation screening shall be planted on the boundaries of the site as shown on the approved plan marked P1 in accordance with an approved landscape plan. The Approved Landscaping Plan shall be implemented at the commencement of works and shall be maintained at all times to the satisfaction of the Shire.


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7. Should the development hereby approved no longer be used for telecommunications purposes then it shall be demolished and materials removed from the lot.

ADVICE NOTES a) This is not a Building Permit. A Certified Building Permit application to commence work must be

lodged to the Permit Authority in accordance with the Building Act 2

PROXIMITY TO PRIVATE RUNWAYS The proposed telecommunications facility is located within proximity of two private runways as depicted below:

Both of these runways are not certified or registered aerodromes with the Civil Aviation Safety Authority (CASA). Where runways are not registered or certified as aerodromes, the aircraft landing areas guidelines (ALA) would apply. CASA have also advised that being only a guideline (not a statutory document) that they do not enforce the provisions of the ALA. Based on the guideline both ends of a runway should have approach and take-off areas clear of objects above a 5% slope for day and a 3.3% slope for night operations, and whilst not entirely clear the diagrams seem to indicate a 900m approach and take off area.


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The runway that would potentially conflict with the tower is the southern end of the runway at 687 Ellen Brook Road (A11551) depicted as Location B above. An assessment against the guidelines has been diagrammatically represented below:

Based on the level of the runway (approx. 98AHD from google earth) the finished height of the tower (148.46AHD), the approach area above the location of the tower would be at 150.46AHD for daytime operations. Verification has been sought from the owner of the property of runway ‘Location B’ who has confirmed that this runway is not used at night. On this basis the location of the tower is compliant with the Civil Aviation Safety Authority Aircraft Landing Areas Guidelines. MODIFIED RECOMMENDATION / COUNCIL DECISION CR HASTIE, CR SMART OM2017/33 That Council: Approves the application for Telecommunications Infrastructure (Mobile Phone Tower) at 101 (Lot 2) Palandri Road, Burnside subject to compliance with the following conditions:



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4. Additional vegetation screening shall be planted on the boundaries of the site as shown on the approved plan marked P1 in accordance with an approved landscape plan. The Approved Landscaping Plan shall be implemented at the commencement of works and shall be maintained at all times to the satisfaction of the Shire.



7. Should the development hereby approved no longer be used for telecommunications purposes then it shall be demolished and materials removed from the lot.

ADVICE NOTES a) This is not a Building Permit. A Certified Building Permit application to commence work

must be lodged to the Permit Authority in accordance with the Building Act 2011. TIED 3/3

CRS TOWNSHEND, KENNAUGH AND HAYNES VOTED AGAINST CR EARL THEN USED HIS SECOND VOTE TO SUPPORT THE MOTION

CARRIED 4/3 After the officers’ recommendation had been moved and seconded, prior to being put to the vote, Cr Townshend foreshadowed the following motion: FORESHADOWED MOTION That the item be deferred pending further investigation into co-sharing. As the primary motion was carried, Cr Townshend did not move her foreshadowed motion. Cr Lane re-entered Chambers at 6.52pm


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11.3. Infrastructure Services


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11.3.1 ROAD DEDICATION AND PROPOSED ROAD CLOSURE OF UNREQUIRED ROAD RESERVE - MCDONALD ROAD, KARRIDALE LOCATION/ADDRESS McDonald Road, Karridale APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE PTY/12209, PTY/12210, RDS/0317 REPORT AUTHOR Doug Sims, Technical Officer - Assets & Land Administration AUTHORISING OFFICER Johan Louw, Director Infrastructure Services

IN BRIEF • McDonald Road is a mostly sealed rural road that runs north off Brockman Hwy in Karridale. • The road services farming properties with the exception of the Hamelin Bay Winery that is located

at the north end of the sealed section of the road. • McDonald Road currently encroaches onto two separate private properties. The Shire has received

a request from the affected property owners to formalise the land tenure to reflect the true alignment of the road.

• This is a complex process which will require two parcels of land to be dedicated as road reserve and two parcels of land to be undedicated as road reserve.

• The two portions of the undedicated road reserve are to be sold and amalgamated into the adjoining farm land.

RECOMMENDATION That Council:

1. Agrees to purchase Lot 300 on Deposited Plan 408677and dedicate as road reserve under Section 56 of the Land Administration Act 1997;

2. Agrees to purchase Lot 302 on Deposited Plan 408681and dedicate as road reserve under Section 56 of the Land Administration Act 1997;

3. Agrees to un-dedicate Lot 301 on Deposited Plan 408678 as road reserve under Section 58 of the Land Administration Act 1997 to allow the land to be sold and amalgamated into newly created Lot 54 (formerly lot 3143);

4. Agrees to un-dedicate Lot 303 on Deposited Plan 408681 as road reserve under Section 58 of the Land Administration Act 1997 to allow the land to be sold and amalgamated into newly created Lot 55 (formerly lot 3143); and

5. Informs the Department of Lands of the dedication under Section 56 Land Administration Act 1997 and the closure under Section 58 Land Administration Act 1997 and indemnifies the Department of any costs and claims.


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LOCATION PLAN

TABLED ITEMS Nil BACKGROUND McDonald Road is a ‘No Through’ road that comes north off Brockman Hwy in Karridale. The first 2km is sealed, the next 565m is gravel and the last 910m remains unbuilt. The sealed section of road originally had two sharp right angle bends in the road alignment. Prior to this section being sealed in 2003/2004 Shire staff had discussions with the adjoining property owner to soften the alignment of the road at this point by extending the road through the adjoining farm land. This was agreed to and the road was realigned and sealed. However, the land tenure of the new alignment was not formalised at that time. The farm land to the west of the modified alignment was recently sold. The new owner contacted the Shire requesting the land tenure now be formalised. Shire staff then contacted the land owner to the east of the modified alignment who originally owned all the adjoining land. He also requested that the land tenure be formalised.


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CONSULTATION AND ADVICE External Consultation Under Section 58 (3) of the Land Administration Act 1997 (Act), a local government must not resolve to make a request to close a road until a period of 35 days has elapsed from the publication in a newspaper circulating in its district of notice of motion for that resolution. To adhere to this statutory requirement, the proposal was advertised on 15 July 2016 in the Augusta Margaret River Times and on the Shires web site under Community Consultation. Submissions were invited from interested persons with the closing date for the submissions being 4pm on Friday 19 August 2016. The consultation process resulted in the following outcomes: • Department of Lands – will await the outcome of the Council report. • Service Providers - no objections received. • Department of Planning – no objections. • Letters sent to the adjoining land owners - no objection to the selling of land for road purposes.

However only the land owner to the east of McDonald Road wants to purchase redundant road reserve.

• Advertisement in the Public Notices section of the local paper – no objections received. • Notice on the Shires Community Consultation Web Site – no objections received. Internal Consultation • Infrastructure Services – supports the proposal to resolve the road encroachment and to sell any

redundant road reserve to adjoining land owners. • Planning Services – no issues.

DISCUSSION / OFFICER COMMENTS McDonald Road is a rural road in Karridale. The road was realigned through the adjoining farm land around 2003.The purpose of the realignment was to make the road alignment safer by softening the two sharp bends in the formal road alignment. This was agreed to by all parties. However, the land tenure was not formalised at that time resulting in the road realignment being left as an encroachment onto private land being Lot 2602 and Lot 1968, which are now in separate owners. Lot 2602 was recently sold and the new owner was informed of the encroachment after having the land surveyed. Shire staff where then contacted by the owner who asked for the encroachment on his land to be resolved. This resulted in Shire staff having discussions with the owner of Lot 1968, who also owns the adjoining southern Lot 3143. The outcome of these discussions are as follows:

1. The owner of Lot 2602: a. Is willing to sell to the Shire the required portion of land being lot 300 on DP 408677,

to resolve the road encroachment onto his land. b. Is not willing to purchase any redundant road reserve left over from the realignment.

2. The owner of Lots 1968 and 3143: a. Is willing to sell to the Shire the required portion of land being Lot 302 on DP408681 to

resolve the road encroachment onto his land. b. Is willing to purchase redundant road reserve shown as Lot 303 on DP 408681 and Lot

301 on DP 408678; being unrequired road reserve left over from the realignment that abuts his property.

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS • All dedicated road reserves belong to the Sate and are governed by the Land Administration Act

1997. Section 56 of the Act deals with road dedication and would apply to the freehold land that is to be purchased and dedicated as road reserve.

• Section 58 deals with the permanent closure of a road reserves and/or portions of road reserves. This would apply to the portion of unrequired road reserve that is to be undedicated and sold to the land owner that it borders.

• The proposed road closure has been advertised in accordance with Section 58 of the Act. • If approved by Council, the proposal will be assessed by the Department of Lands and a

recommendation made to the Minister for Lands. • If the proposed road closure is approved by the Minister, adjacent land owners and relevant state

government agencies will be formally notified of the closure.


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STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016-2020 Goal 5: Effective strategy, planning and asset management Community Outcome 5.2.3.3: Provide land administration services PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The Shire will need to pay for survey costs, cost to purchase land required for road purposes and advertising fees. Once the land is purchased by the Shire and dedicated as road reserve the land will then by default become the property of the State. The proceeds from the sale of surplus road reserve will go directly to State Lands. SUSTAINABILITY IMPLICATIONS Environmental There will be no environmental impact as the road has already been realigned and the surplus road reserve to be sold was fenced and included into the farmed land during the realignment. Social The closure of this portion of surplus road reserve will have no adverse effect on the adjoining properties or on the Shires road network. Economic The realignment of the road was undertaken so to remove two dangerous bends that has the potential to reduce road crashes and the cost associated with this. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Agrees to purchase Lot 300 on Deposited Plan 408677and dedicate as road reserve under Section

56 of the Land Administration Act 1997; 2. Agrees to purchase Lot 302 on Deposited Plan 408681and dedicate as road reserve under Section

56 of the Land Administration Act 1997; 3. Agrees to un-dedicate Lot 301 on Deposited Plan 408678 as road reserve under Section 58 of the

Land Administration Act 1997 to allow the land to be sold and amalgamated into newly created Lot 54 (formerly lot 3143);



ADVICE TO APPLICANT / PROPONENT As per Council Resolution ATTACHMENTS Attachment 1. Deposited Plan 408677 Attachment 2. Deposited Plan 408678 Attachment 3. Deposited Plan 408681 Attachment 4. Summary Survey Plan


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As the valuations had not been received at the time of this meeting, the recommendation was modified as highlighted in yellow: MODIFIED RECOMMENDATION / COUNCIL DECISION CR HASTIE, CR SMART OM2017/34 That Council: 1. Agrees to purchase Lot 300 on Deposited Plan 408677and dedicate as road reserve under

Section 56 of the Land Administration Act 1997 subject to completion of a land valuation for consideration in the 2017-18 budget;

2. Agrees to purchase Lot 302 on Deposited Plan 408681and dedicate as road reserve under Section 56 of the Land Administration Act 1997 subject to completion of a land valuation for consideration in the 2017-18 budget;

3. Agrees to un-dedicate Lot 301 on Deposited Plan 408678 as road reserve under Section 58 of the Land Administration Act 1997 to allow the land to be sold and amalgamated into newly created Lot 54 (formerly lot 3143);



CARRIED 7/0


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11.3.2 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: 1. Adopts the Rotary Forest Playground – Nature Play Concept Plan as shown in Attachment 1

excluding the proposed car parking at the north of the existing Rotary Park car park; and 2. Further investigates the traffic, car parking and pedestrian safety issues at this location to develop

a long term solution. LOCATION PLAN


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TABLED ITEMS Nil 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. 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. The Shire entered into a Memorandum of Understanding (MoU) with the Rotary Club of Margaret River Inc. to maintain Rotary Park. 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. 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


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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. 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. 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 an 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


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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 Council adopts the Concept Plan excluding the proposed additional car parking area to the north of the existing Rotary Park car park and 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 towns’ 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 provision of clear hierarchy of access pathways within and linking out of Rotary Park.

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.

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

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


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• 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.

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 • 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.

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

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.


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• 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.

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. 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.


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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: 1. Adopts the Rotary Forest Playground – Nature Play Concept Plan as shown in Attachment 1

excluding the proposed car parking at the north of the existing Rotary Park car park; and 2. Further investigates the traffic, car parking and pedestrian safety issues at this location to develop

a long term solution. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Rotary Forest Playground - Nature Play Concept Plan Due to a late request from Rotary regarding use of the words ‘senior’ or ‘all ability’, in that they may indicate young adult use and thereby create conflict between these user groups, the recommendation was modified to include an additional point as highlighted in yellow below: MODIFIED RECOMMENDATION CR, CR That Council: 1. Adopts the Rotary Forest Playground – Nature Play Concept Plan as shown in Attachment

1 excluding the proposed car parking at the north of the existing Rotary Park car park; 2. Further investigates the traffic, car parking and pedestrian safety issues at this location to

develop a long term solution; and 3. Removes references to an all ability and senior pump track from the Rotary Forest

Playground – Nature Play Concept Plan. 0/0

Cr Townshend moved the following procedural motion:

PROCEDURAL MOTION / COUNCIL DECISION CR TOWNSHEND, CR HAYNES OM2017/35 That the item be deferred pending a briefing and a site visit.

CARRIED 7/0 REASON To allow Council further opportunity to consider the Concept Plan.


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11.3.3 AUTHORISATION TO EXECUTE COMMON SEAL ON DEED OF SURRENDER OF EASEMENT LOCATION/ADDRESS Lot 6 Chapel Place, Prevelly APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE PTY/5037 RES/41545 REPORT AUTHOR Doug Sims, Technical Officer – Assets and Land Administration AUTHORISING OFFICER Johan Louw, Director of Infrastructure Services

IN BRIEF • The Shire has encumbered Lot 6 Chapel Place, Prevelly by way of an easement. • The easement is used to house a Shire water tank used for firefighting purposes. • The owner of Lot 6 has requested the Shire to remove the easement from the land. • The Shire has given in principle support subject to the applicant replacing at his cost the water tank

at a site chosen by the Community Emergency Services Manager. RECOMMENDATION That Council surrenders the easement over Lot 6 on Plan 18400 (including the affixing of the Shire Seal onto the Landgate execution document) subject to the applicant funding the following items:

1. One new 90,000 litre steel construction water tank with a plastic liner fitted with a. 1 x Yaktek Levetator water gauge b. 1 x outlet with 1.5” male camlock fitting (lockable) c. 1 x outlet with 3” male camlock fitting (lockable)

2. Site pad to house new tank 3. Installation of the tank

LOCATION PLAN


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TABLED ITEMS Nil BACKGROUND The easement over Lot 6 Chapel place was created as part of a subdivision in 1992. The easement gave the Shire the right to install and maintain infrastructure for the purpose of firefighting within the easement area. The infrastructure originally comprised of a water pipe, a pump and a free standing water tank. The system worked by gravity feeding water from the water tank via the water pipe to a stand pipe that was located off Mitchell Drive. The water tank is refilled by way of a water tanker. After the introduction of water mains in the Prevelly area some of the infrastructure was removed being the stand pipe, water pipe and pump. However, the water tank remained as an emergency backup. The water tank was used by firefighters in the 2011 bushfires at Prevelly and Gnarabup, with the fire trucks having to fill up directly from the tank which is accessed via a gated dirt track through Reserve 41545. CONSULTATION AND ADVICE External Consultation Owner of Lot 6 Chapel Place Wallcliffe Fire Brigade Internal Consultation Manager Community Emergency Services Manager of Assets Services Coordinator Asset Management Depot Works Inspector Planning DISCUSSION / OFFICER COMMENTS The current location of the water tank on Lot 6 Chapel Place is not ideal for the following reasons:

• Access to the tank is via a dirt track. • The track is located on the side of a hill thus causing the condition of the track to breakdown

quickly when in use during a bushfire. • There is no delineation to control the movement of fire fighting vehicles as they enter the track,

drive up to the water tank, fill up, turnaround and exit. • The combination of the access track being sandy soil and the fact that the tank is located up a

hill along the track makes it less than ideal for access by heavy water tankers when filling up the tank.

Figure 1: Current Access

The proposed new location for the water tank overcomes these issues by offering the following improvements:


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• Access to the tank will be via a sealed built road thus removing the need to use a soft sandy track.

• The new location is on a circular road thus assisting the flow of the fire trucks entering, refilling and exiting the site.

Figure 2: Proposed New Location.

An added benefit is the Shire will be gifted a new colour bond water tank to replace the ageing cement water tank. The applicant will be paying for the following items:

• Pad to locate the new tank • Installation of the tank • One new 90,000 litres steel construction tank with a plastic liner • One Yaktek Levetator water gauge • One outlet with 1.5” male camlock fitting (lockable) • One outlet with 3” male camlock fitting (lockable).

The colour of the new tank will be “woodland grey” which will blend in well with the location. In accordance with s9.49a Local Government Act 1995, any document requiring execution by common seal must have authorisation by Council decision. The Application to Surrender of Easement (form A5) for Lot 6 on Plan18400 requires the affixing of the Shire’s Common Seal. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995 9.49A. Execution of documents (1) A document is duly executed by a local government if —

(a) the common seal of the local government is affixed to it in accordance with subsections (2) and (3); or

(b) it is signed on behalf of the local government by a person or persons authorised under subsection (4) to do so.

(2) The common seal of a local government is not to be affixed to any document except as authorised by the local government.

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


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(a) the mayor or president; and

(b) the chief executive officer or a senior employee authorised by the chief executive officer,

each of whom is to sign the document to attest that the common seal was so affixed.

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

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

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

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

[Section 9.49A inserted by No. 17 of 2009 s. 43.]

STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Goal 1 Value the natural environment. Outcomes. Quality parks, gardens and green spaces. Strategies. Manage responsibly coastal areas under the Shire’s control Corporate Business Plan 2016-2020 Goal 2. Welcoming and inclusive communities. Community Outcome 2.6. Safer Communities. Strategic Response: Enhance the Shire’s emergency and disaster management capabilities. Service level strategy/plan:2.6.2.3. Partner with Department of Fire and Emergency Services (DFES) and the Office of Bushfire Risk management (OBRM) in Bushfire Risk Management in the Shire. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Landgate’s administration fees to process this application are $168.00. This fee will be paid by the Shire. SUSTAINABILITY IMPLICATIONS Environmental Positive environmental implications will be gained by relocating the water tank to a better location where it can be accessed by a sealed road and not via a single sandy track through a Shire reserve. Social The community will have a greatly improved location for their local firefighting infrastructure. Economic There are positive economic implications resulting from surrendering the easement as the Shire will be gifted a new water tank at more accessible location. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council surrenders the easement over Lot 6 on Plan 18400 (including the affixing of the Shire Seal onto the Landgate execution document) subject to the applicant funding the following items:

1. One new 90,000 litre steel construction water tank with a plastic liner fitted with


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a. 1 x Yaktek Levetator water gauge b. 1 x outlet with 1.5” male camlock fitting (lockable) c. 1 x outlet with 3” male camlock fitting (lockable)


ADVICE TO APPLICANT / PROPONENT Inform applicant of Council resolution. ATTACHMENTS 1. Landgate Form A5. Application to Surrender of Easement for Lot 6 on Plan18400 that requires the

affixing of the Shires Common Seal.

RECOMMENDATION / COUNCIL DECISION CR KENNAUGH, CR LANE OM2017/36 That Council surrenders the easement over Lot 6 on Plan 18400 (including the affixing of the Shire Seal onto the Landgate execution document) subject to the applicant funding the following items:

1. One new 90,000 litre steel construction water tank with a plastic liner fitted with a. 1 x Yaktek Levetator water gauge b. 1 x outlet with 1.5” male camlock fitting (lockable) c. 1 x outlet with 3” male camlock fitting (lockable)


CARRIED 7/0


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11.4. Corporate And Community

Services


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11.4.1 LIST OF PAYMENTS FOR DECEMBER 2016 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/42 REPORT AUTHOR Jaye Allington, Finance Officer Account Payable AUTHORISING OFFICER Annie Riordan, Director Corporate Community Services

Director Corporate and Community Services discloses interest in the credit card expenses which is certified by the Chief Executive Officer. IN BRIEF It is a requirement of the Local Government (Financial Management) Regulations 1996 that payments made under delegated authority by the CEO are reported to Council on a monthly basis showing details of each account paid since the last such list was prepared. RECOMMENDATION That Council notes the December 2016 List of Payments for $2,722,702.17 as certified correct by the Director Corporate and Community Services. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Where Council has delegated authority to the CEO to make payments from the Shire’s bank accounts then under Local Government (Financial Management) Regulations 1996, Regulation 13 (1) a list of such payments is to be prepared each month for noting by Council. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Nil DISCUSSION / OFFICER COMMENTS Table 1 below provides a summary of the payments made and Table 2 makes comparison between payments for the 2015-16 and 2016-17 financial years. The List of Payments attachment provides further details as required under Regulation 13 (1). These details are as follows.

(a) The payee’s name; (b) The amount of the payment; (c) The date of the payment; and (d) Sufficient information to identify the transaction.

In order to improve operational efficiency and reduce costs, the Shire’s Finance team continually liaise with creditors paid by cheque to encourage them to switch to EFT.


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TABLE 1 – SUMMARY OF PAYMENTS MADE IN THE MONTH

MODE OF PAYMENT CHEQUE / EFT NUMBERS SUB-TOTAL AMOUNT

Cheques (includes reimbursement of credit cards) 42122-42140 $28,503.44 $28,503.44

EFT 56796-57231 $1,623,867.50 Direct Debits $1,070,331.23 $2,694,198.73

TOTAL $2,722,702.17

TABLE 2 – COMPARISON WITH PRIOR YEAR OF PAYMENTS MONTH CHEQUES EFT TOTAL PMTS CUMULATIVE CHEQUES EFT TOTAL PMTS CUMULATIVE

2015-16 2015-16 2015-16 PAYMENTS 2016-17 2016-17 2016-17 PAYMENTS

JULY 18,574.29 3,108,059.98 3,126,634.27 3,126,634.27 26,818.42 3,666,885.36 3,693,703.78 3,693,703.78 AUGUST 18,321.82 1,980,022.38 1,998,344.20 5,124,978.47 23,160.39 3,700,179.99 3,723,340.38 7,417,044.16

SEPTEMBER 16,151.74 9,861,625.31 9,877,777.05 15,002,755.52 19,330.43 8,310,023.78 8,329,354.21 15,746,398.37 OCTOBER 19,349.63 5,058,215.63 5,077,565.26 20,080,320.78 17,878.48 5,011,969.93 5,029,848.41 20,776,246.78

NOVEMBER 22,306.58 2,617,585.05 2,639,891.63 22,720,212.41 11,582.39 2,527,108.13 2,538,690.52 23,314,937.30 DECEMBER 38,300.43 3,340,304.12 3,378,604.55 26,098,816.96 28,503.44 2,694,198.73 2,722,702.17 26,037,639.47 JANUARY 24,247.57 4,404,603.21 4,425,850.78 30,524,667.74

FEBRUARY 17,988.50 2,292,007.08 2,309,995.58 32,834,663.32 MARCH 31,991.91 6,362,556.19 6,394,548.10 39,229,211.42 APRIL 15,738.88 2,481,350.30 2,497,089.18 41,726,300.60 MAY 26,446.62 2,806,629.63 2,833,076.25 44,559,376.85 JUNE 38,302.06 7,078,064.84 8,204,329.10 52,763,705.95

287,720.03 51,391,023.72 52,763,705.95 127,273.55 25,910,365.92 26,037,639.47


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STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995, s 6.10, and Local Government (Financial Management) Regulations 1996, r 13 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: Ensure the Shire’s financial performance is well managed and leads to a strong financial position Service level strategy/plan: Continue to monitor and analyse monthly, year to date and annual financial performance. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council notes the December 2016 List of Payments for $2,722,702.17 as certified correct by the Director Corporate and Community Services. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. List of Payments for December 2016 RECOMMENDATION CR KENNAUGH, CR HAYNES That Council notes the December 2016 List of Payments for $2,722,702.17 as certified correct by the Director Corporate and Community Services.

0/0 Cr Hastie moved the following amendment: AMENDMENT / COUNCIL DECISION CR HASTIE, CR TOWNSHEND OM2017/37 That the following point be added to the recommendation: That advice be sought from a qualified solicitor on the Shire’s budgeting process for funding tickets for elected members to functions.

LOST 3/4 CRS EARL, KENNAUGH, HAYNES AND LANE VOTED AGAINST


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REASON To clarify the Shire is following the correct process for the funding of tickets for elected members. At 7.19pm an alarm in the building sounded, the CEO left Chambers to turn it off. The CEO returned at 7.20pm and the meeting resumed. As the motion was lost, the primary motion was put to vote: RECOMMENDATION / COUNCIL DECISION CR KENNAUGH, CR HAYNES OM2017/38 That Council notes the December 2016 List of Payments for $2,722,702.17 as certified correct by the Director Corporate and Community Services.

CARRIED 7/0


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11.4.2 FINANCIAL ACTIVITY STATEMENT REPORT - DECEMBER 2016 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/14 REPORT AUTHOR Andrew Ross, Manager Corporate Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services

IN BRIEF

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

• Council is to consider the financial results for the period ending 31 December 2016. RECOMMENDATION That Council receives the Monthly Financial Report – December 2016 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND In accordance with Financial Management Regulation 34 the Shire is to prepare each month a Statement of Financial Activity reporting on the sources and applications of funds, as set out in the annual budget under Financial Management Regulation (1) (d), for that month with the following details:

(a) annual budget estimates; (b) budget estimates to the end of the month to which the statement relates; (c) actual amounts of expenditure, revenue and income to the end of the month to which the

statement relates; (d) material variances between the comparable amounts referred to in (b) and (c); and (e) net current assets at the end of the month to which the statement relates.

Also under Financial Management Regulation 34(5) Council are to adopt each year a material variance threshold. At the Ordinary Meeting of Council on 27 July 2016 (OM2016/158) Council adopted a monthly variance for reporting of material variances, where financial activity is greater than 10% and $10,000. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Business unit managers were provided the draft monthly financial reports for their business units and have provided their comments on variances greater than 10% and $10,000. DISCUSSION / OFFICER COMMENTS The commentary contained in the body of this report is in line with Financial Management Regulation (2) (b) that requires commentary on material variances to the Statement of Financial Activity at the nature/type, program or business unit level.


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The Statement of Financial Activity shows a year to date actual closing position at 31 December of $16.882 million compared to the year to date budget position of $10.332 million. The actual closing position reduced by $1.374 million compared to the result at the end of November. The main reasons for the variation to Budget are:

• Operating expenditure on a year to date basis is $2.062 million or 11.3% below budget (last month $1.586 million or 10.4% below budget). Contributing factors are employee expenses being $0.480 million or 6.9% under budget (last month $0.407 million or 6.9% under budget) due to staff leave taken and staff vacancies, materials and contracts being $1.741 million or 33.4% under budget (last month $1.300 million or 30.2% under budget) due primarily to projects not having commenced in a number of areas such as Waste ($0.615 million), fire prevention ($0.092 million), Asset Services ($0.083 million), CEO ($0.102 million), Community Planning & Development ($0.075 million) and Rangers ($0.064 million), and depreciation being $0.340 million or 8.3% over budget (last month $0.275 million or 8% over budget).

• Operating revenue is $0.803 million or 3.0% above budget (last month $0.417 million or 1.6% above budget). The main reasons are over budget rates due to additional properties and the levying of interim rates, higher operating grants due to the supplementary operating grant received from DFES for last year’s over expenditure, and higher interest income due to the amount invested being higher than budget.

• Grants for capital works are $1.269 million or 42.1% under budget (last month $0.358 million or 17.9% under budget) due to the delayed replacement of bushfire brigade vehicles and Roads to Recovery and Regional Road Group grant claims being delayed as a result of the late start to roads construction.

• Capital expenditure on a year to date basis is $6.187 million or 75% below budget (last month $4.770 million or 78% below budget). All areas of capital expenditure are well below budget due to project and equipment purchase delays resulting from factors including inclement weather, obtaining of approvals, resource constraints, preparation of designs and procurement plans or other reasons as well as budget profiles being overly optimistic. Major projects and areas that are under budget for the year to date are included in the following table.

Project Description YTD

Budget Variance ($)

Project Status

Margaret River Youth Precinct 78,900 Design works, community consultation, funding options and procurement strategy are in progress.

Fire Prevention vehicles, buildings and infrastructure

593,160 Cowaramup 4.4 should arrive in March and Kudardup LT in June, building and infrastructure works are in planning phase..

Waste Management infrastructure 433,538 Cell stage 2 works to commence in 2017, capping program being reviewed

Waste Management equipment 57,655 Weighbridge project being evaluated. Community Buildings projects 42,683 Procurement in progress and approvals

being obtained. Aquatic Centre bulkhead & grandstand

72,000 Projects scheduled for January 2017.

Aquatic Centre dehumidifier & UV systems

293,148 Projects procurement in progress.

Gloucester Park projects 55,000 Procurement in progress for fencing, building project deferred

Parks & Gardens infrastructure 127,666 Delayed commencement of various projects.

Asset Services infrastructure 89,649 Trails signage and Augusta interpretation plan delayed due to higher priorities, procurement and obtaining approvals in progress for other projects.

Construction infrastructure upgrades 216,753 Drainage and carpark works delayed due to weather, depot improvement works delayed


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due to resourcing and foreshore projects delayed due to approvals.

Construction infrastructure renewals 1,883,486 Bridge, road, path, drainage and kerb projects delayed due to unfavourable weather conditions. Majority are to commence in 2017. Foreshore projects also delayed by approvals process.

Plant Program 1,510,459 Procurement in progress for replacement of heavy trucks, all utilities ordered and awaiting delivery, replacement of some major items temporarily deferred due to other priorities

Caravan Parks buildings 688,750 Flinders Bay redevelopment works deferred pending review of infrastructure, Turner Caravan Park chalets project progressing with construction scheduled for May 2017.

Caravan Parks infrastructure 49,593 Alexandra Bridge camping ground works completed under budget but savings may need to be used for signage.

Total of listed under budget variances

6,192,440

Capital expenditure of $0.694 million was incurred during the month compared to the budget for the month of $2.110 million. Expenditure for the month included:

• $4,960 for design works for the Margaret River Youth Precinct project; • $8,488 for cell and road works at the Davis Road landfill site; • $52,510 on various community building projects; • $11,852 for deposit paid on UV systems; • $9,501 for Parks and Gardens projects included Rotary Park Nature Play playground concept

plan ($4,830), West Cowaramup POS upgrade ($2,451) and POS renewal and improvement works ($2,220);

• $424,873 on road related projects of which $11,400 was spent on infrastructure upgrade projects and $413,473 was spent on infrastructure renewal projects. Rural reseals, gravel resheeting, gravel reshouldering and works for the reconstruction of Leeuwin Road, Rosa Brook Road, Treeton Road and Wallcliffe Road were the main projects;

• $101,924 on the plant program for the replacement of two utilities; and • $79,485 on caravan park projects including $10,610 for the Turner Caravan Park chalets

project, $65,225 for hot water systems at Turner Caravan Park and $3,650 for Alexandra Bridge camping ground to formalise sites and camping areas.

Financial performance against budget is shown in the following charts.


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Following is the Statement of Financial Activity for the year ending 31 December 2016.


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SHIRE OF AUGUSTA - MARGARET RIVERSTATEMENT OF FINANCIAL ACTIVITYFOR THE PERIOD ENDING 31 December 2016

BUSINESS UNITS 2015-16 2016-17 2016-17 2016-17 2016-17 YTDLast Year Approved Month of YTD YTD Variance

Actual Budget December Budget Actual >10% & Comments$ $ $ $ $ >$10,000

Net Current Assets at 1 July 3,430,813 2,187,703 0 2,187,703 2,242,226OPERATING REVENUES

Rates 19,032,421 19,665,575 140,950 19,598,075 19,849,887 0General Financing 1,484,186 2,051,632 79,544 1,003,354 1,187,277 183,923 Perm: LBA class action proceedsMembers of Council 80 0 0 0 0 0Chief Executive Officer 3,591 16,000 660 12,000 1,230 (10,770) Perm: No ticket sales as Wildcats did not proceedDirector Corporate & Community 8,566 8,500 836 4,500 4,641 0Director Sustainable Development 12,832 0 0 0 0 0Director Infrastructure 1 0 0 0 0 0Finance 42,759 40,788 0 3,000 2,636 0Records 931 0 0 0 209 0Corporate Services 5,756 5,000 45 4,250 1,547 0Customer Relations 217,949 225,200 15,442 117,600 103,883 (13,717) Timing: Sale of special series number platesInformation Comm. Technology 2,100 0 200 0 1,600 0Human Resources 108,282 10,000 50,698 10,000 54,357 44,357 Perm: LGIS Scheme Member DividendCommunity Planning & Development 20,739 52,180 3,877 45,690 14,251 (31,439) Timing: Grant applicationsEmergency and Fire Services 504,303 411,107 168,945 205,554 404,975 199,421 Timing: Grant paid as lump sum, budgeted quarterlyRangers 175,356 215,250 11,336 120,300 108,587 (11,713) Timing: Licences & PermitsLibraries 37,713 33,750 2,112 17,230 18,851 0Health 112,292 104,788 7,242 79,792 82,550 0Child Care 291,124 283,379 11,645 149,328 137,989 0Waste Services 4,353,382 4,326,298 129,262 4,015,748 4,140,546 0Town Planning 406,484 387,900 41,639 193,950 190,073 0Community Buildings 51,319 0 22,957 0 44,146 44,146 Perm: Insurance payout receivedMR Recreation Centre 917,160 901,200 60,941 453,100 458,219 0Cultural Centre 5,303 4,800 645 2,400 4,366 0Augusta Recreation Centre 22,477 36,000 1,515 18,000 21,087 0Gloucester Park 69,586 70,500 2,565 50,000 46,889 0Parks and Gardens 37,845 5,000 0 5,000 29,567 24,567 Perm: Insurance payout receivedAsset Services 221,764 124,200 5,632 9,600 26,876 17,276 Timing: Subdivision inspection feesLandcare 4,631 0 0 0 0 0Maintenance 50,737 0 0 0 0 0Plant Program 22,408 40,498 6,085 40,498 16,669 (23,829) Timing: Disposal of plant items delayedCaravan Parks 2,030,297 2,000,100 303,718 688,500 698,274 0Building Control 239,441 218,520 16,706 109,260 105,731 0Works Overheads 35,158 0 0 0 0 0Plant Operation Costs 2,235 0 0 0 0 0Other Property and Services 22,041 40,000 0 20,000 23,140 0TOTAL REVENUES 30,553,248 31,278,165 1,085,196 26,976,729 27,780,053 803,324

OPERATING EXPENSESRevenue (351,932) (300,420) (36,305) (142,160) (150,561) 0General Financing (656,731) (592,557) (119,680) (306,633) (279,877) 0Members of Council (304,847) (300,902) (23,924) (161,426) (157,326) 0Chief Executive Officer (958,122) (1,069,298) (75,962) (552,820) (451,882) 100,938 Timing: Projects and eventsDirector Corporate & Community (527,329) (455,058) (30,391) (292,028) (251,657) 40,371 Timing: Community contributionsDirector Sustainable Development (610,446) (644,131) (48,379) (320,863) (283,595) 37,268 Perm: Staff vacanciesDirector Infrastructure (282,581) (293,798) (20,951) (146,116) (135,390) 0Finance (930,727) (943,410) (39,752) (710,966) (707,293) 0Records (167,525) (188,615) (14,714) (93,881) (90,456) 0Corporate Services (320,093) (273,520) (11,912) (145,260) (114,067) 31,193 Timing: Water usage (standpipes)Customer Relations (474,007) (543,392) (39,735) (273,803) (252,084) 0Information Comm. Technology (1,024,408) (1,112,397) (58,913) (793,798) (644,580) 149,218 Timing: Projects and software licencesHuman Resources (615,882) (603,861) (40,332) (314,743) (321,815) 0Community Planning & Development (406,022) (578,434) (46,960) (356,049) (282,643) 73,406 Timing: ProjectsEmergency and Fire Services (1,070,354) (972,773) (111,917) (610,240) (628,963) 0Rangers (558,728) (721,960) (56,825) (370,819) (284,190) 86,629 Timing: Labour costs and lower cemetery costsLibraries (919,020) (893,048) (73,554) (448,829) (460,838) 0Health (518,235) (549,426) (44,785) (289,803) (259,002) 30,801 Timing: ProjectsChild Care (339,706) (306,864) (28,532) (156,260) (184,628) (28,368) Timing/Perm: Additional day careWaste Services (2,102,137) (3,132,894) (131,923) (1,653,981) (941,309) 712,672 Timing: Vacant positions, projects, number of collectionsTown Planning (902,615) (1,129,258) (81,976) (556,103) (412,506) 143,598 Timing: Projects, staff leave and vacanciesCommunity Buildings (1,851,306) (1,794,531) (101,460) (846,047) (841,456) 0MR Recreation Centre (2,094,833) (2,180,051) (151,442) (1,147,156) (986,447) 160,708 Timing: Equipment purchases, leasing, maintenanceCultural Centre (345,216) (361,765) (11,693) (179,488) (198,012) 0Augusta Recreation Centre (135,665) (108,308) (5,192) (64,654) (53,489) 11,165 Timing: Equipment leasing & building maintenanceGloucester Park (183,704) (193,100) (15,847) (99,050) (86,277) 12,773 Timing: ProjectsBeach Lifeguards (97,659) (118,605) (11,091) (33,160) (15,251) 17,909 Timing: Service started during the monthParks and Gardens (2,522,677) (2,691,088) (242,398) (1,388,478) (1,073,787) 314,691 Timing: Overheads & resources diverted to storm cleanupsAsset Services (971,559) (1,037,608) (74,856) (507,959) (409,818) 98,141 Timing: Projects and street lightingLandcare (295,665) (336,041) (10,836) (197,436) (68,386) 129,050 Timing: Contributions and ProjectsConstruction (47,342) 0 0 0 0 0Maintenance (8,131,416) (8,041,220) (642,860) (4,046,767) (4,013,650) 0Plant Program (72,652) (48,968) 1,000 (38,968) (13,288) 25,680 Timing: Plant purchases delayedCaravan Parks (1,255,612) (1,377,087) (96,546) (636,968) (463,756) 173,212 Timing: Seasonal variationsBuilding Control (159,035) (171,584) (13,493) (85,939) (74,447) 11,492 Perm: Staff vacancyWorks Overheads 18,377 (119,106) (24,372) (60,055) (429,474) (369,419) Timing: Under recovery of overheadsPlant Operation Costs 155,323 78,772 78,413 10,636 55,022 44,386 Timing: Over recovery of overheadsOther Property and Services (249,384) (237,000) (1,457) (205,000) (194,231) 0TOTAL EXPENSES (32,281,473) (34,343,305) (2,461,554) (18,223,069) (16,161,408) 2,061,661

NET OPERATING SURPLUS/(DEFICIT) (1,728,224) (3,065,140) (1,376,358) 8,753,660 11,618,645 2,864,984


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SHIRE OF AUGUSTA - MARGARET RIVERSTATEMENT OF FINANCIAL ACTIVITYFOR THE PERIOD ENDING 31 December 2016

BUSINESS UNITS 2015-16 2016-17 2016-17 2016-17 2016-17 YTDLast Year Approved Month of YTD YTD Variance

Actual Budget December Budget Actual >10% & Comments$ $ $ $ $ >$10,000

NON OPERATING GRANTS & CONTRIBUTIONSCommunity Planning & Development 0 1,393,000 0 0 0 0Emergency and Fire Services 0 1,009,250 0 524,000 0 (524,000) Timing: BFB vehicle replacements delayedTown Planning 467,888 200,000 2,497 80,000 142,497 62,497 Perm: Transfer of Contributions from BondsCommunity Buildings 54,208 3,400,000 0 0 500,000 500,000 Timing:: Regional Venues Improvement Fund grantMR Recreation Centre 32,000 32,000 0 32,000 32,000 0Augusta Recreation Centre 0 0 0 0 0 0Parks and Gardens 12,600 0 1,235 0 2,008 0Asset Services 17,336 0 0 0 0 0Construction 9,017,785 3,522,514 94,339 2,377,065 1,067,110 (1,309,955) Timing: Road grant claims delayed due to expenditureTOTAL NON OPERATING REVENUES 9,601,817 9,556,764 98,071 3,013,065 1,743,616 (1,269,449)

NET RESULT 7,873,593 6,491,624 (1,278,287) 11,766,725 13,362,260 1,595,535

ADJUSTMENTS FOR NON-CASHOperating activities excluded

Add back Depreciation 8,107,587 8,209,428 749,196 4,104,714 4,445,056 0Add back (Profit)/Loss Asset Disposal 473,423 168,470 0 168,470 149,938 (18,532) Timing: Sale and replacement of Plant in progressAdd back Movement in Provisions,etc (4,888) 0 0 0 0 0Movement in Provisions and Accruals (6,144) 0 0 0 0 0Fair value change to financial assets 0 0 0 0 0 0

8,569,978 8,377,898 749,196 4,273,184 4,594,995 321,811

Investing ActivitiesPurchase Land Held for Resale (11,000) 0 0 0 0 0Purchase Land and Buildings (266,469) (6,149,323) (128,345) (1,160,200) (299,223) 860,977 Timing: Projects delayedPurchase Infrastructure Assets - Other (1,004,342) (4,695,197) (26,599) (1,117,933) (260,316) 857,617 Timing: Projects delayedPurchase Infrastructure Assets - Roads (5,382,082) (6,112,139) (424,873) (2,989,103) (888,864) 2,100,239 Timing: Works delayed Purchase Plant and Equipment (719,390) (3,434,900) (113,776) (2,911,400) (581,793) 2,329,607 Timing: BFB, plant & vehicle replacements delayedPurchase Furniture and Equipment (496,481) (94,000) 0 (75,250) (37,150) 38,100 Timing: Projects commencedProceeds from Disposal of Assets 1,126,783 644,153 0 644,153 367,703 (276,450) Timing: Sale and replacement of Plant in progress

(6,752,981) (19,841,406) (693,593) (7,609,733) (1,699,643)

Financing ActivitiesRepayment of Debentures (644,994) (600,922) (110,856) (296,107) (296,106) 0Advances to Community Groups (50,000) 0 0 0 0 0Proceeds from Self-Supporting & IF Loans 46,528 15,386 1,198 10,432 16,431 0Proceeds from New Loan 0 1,450,000 0 0 0 0Transfers to Cash Reserves (10,404,106) (1,041,129) (41,003) 0 (1,337,803) (1,337,803) Land sale & LBA proceeds, POS Cash in Lieu, RVIF grantTransfers from Cash Reserves 173,394 2,960,846 0 0 0 0

(10,879,178) 2,784,181 (150,661) (285,675) (1,617,478) (1,337,803)

Net Current Assets Surplus (Deficit) 2,242,226 0 (1,373,345) 10,332,204 16,882,360 579,542 Investments At 31 December 2016 the Shire’s cash on hand, deposits and investments totalled $33,217,379 (a decrease of $618,530 to last month) and total investment interest earned for the month was $66,488. Actual interest earned for the year to date of $339,666 exceeded the approved budget of $293,286.

Term Deposits – Cash Management At 31 December the Shire had the following short-term facilities (term deposits).

Term Days Maturity Institution (ADI) Principal

$ Interest Rate Interest

$ 210 16/3/17 AMP 1,500,000 2.95% 25,459 180 11/4/17 National Australia Bank 2,500,000 2.70% 33,288 210 21/4/17 ING 2,000,000 2.62% 30,148 270 16/6/17 Members Equity Bank 2,000,000 2.65% 39,205 270 16/6/17 Bank of Queensland 1,500,000 2.60% 28,849 183 19/6/17 Bankwest 1,500,000 2.55% 18,968 365 18/7/17 National Australia Bank 1,500,000 2.90% 43,500 365 28/7/17 National Australia Bank 1,000,000 2.82% 28,200


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365 16/8/17 Bankwest 4,000,000 2.50% 100,000 365 6/9/17 Bankwest 2,000,000 2.45% 49,000 365 12/9/17 National Australia Bank 3,000,000 2.71% 81,300 365 13/9/17 National Australia Bank 2,000,000 2.71% 54,051

24,500,000 531,968 During the month a term deposit with Bankwest matured and was rolled over for 6 months.

The average rate of interest to be paid on all of the term deposits is 2.68% and exceeds the Reserve Bank’s cash rate of 1.50%.

In-Kind Support In-Kind support and fee waivers at 31 December 2016 totalled $4,584. $184 of fees were waived under delegation and $4,400 was provided in sponsorships for sports representatives.


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Reserves Movements to reserves for the month generally represent interest earned on reserve funds. However, other transactions may also be processed. During the month $5,400 income from the sale of special series registration plates was transferred to the Community Grants reserve. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Financial Management Regulation 34 requires a local government to prepare each month a Statement of Financial Activity reporting on the sources and applications of funds, as set out in the annual budget under Financial Management Regulation 22(1) (d). 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: Ensure the Shire’s financial performance is well managed and leads to a strong financial position. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The overall financial performance of the Shire is as summarised in this report. SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic As stated in the report. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council receives the Monthly Financial Report – December 2016 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Monthly Financial Report consisting of:

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

RECOMMENDATION / COUNCIL DECISION CR HAYNES, CR LANE OM2017/39 That Council receives the Monthly Financial Report – December 2016 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996.

CARRIED 7/0


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11.4.3 SURFERS RESCUE 365 FUNDING LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE CPT/114 REPORT AUTHOR Annie Riordan, Director Corporate and Community Services AUTHORISING OFFICER Gary Evershed, Chief Executive Officer

IN BRIEF • Surfers Rescue 365 is an initiative of Surfing WA to provide free training to community members in

first aid, CPR and board rescue techniques. • The program has been offered to ten selected local governments both in the metropolitan and

regionals areas of Western Australia and a successful pilot program has been undertaken with the Shire of Exmouth.

• The program is funded by Surfing WA, Department of Sport and Recreation and each of the participating local governments.

RECOMMENDATION That Council: 1. Endorses the Surfers Rescue 365 program for a two-year period with a contribution of $5,000 per

annum; 2. Allocates funding of $5,000 in the 2016-17 budget from DC39 Grants – Community Development;

and 3. Includes $5,000 in the 2017-18 draft budget to be allocated to DC44 Community Contributions. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Shire has received a request from Surfing WA to participate in the Surfers Rescue 365 program and is seeking $5,000 per annum for a two-year period. Surfing WA is the peak body in Western Australia for all surfriding codes. The organisation has been responsible for advancing and administering surfriding in WA for over 50 years and is involved in all levels of sport from education programs, accrediting coaches and officials, to running international events such as the Drug Aware Margaret River Pro. The Shire of Augusta Margaret River was chosen to participate having been identified as having an active surfing community. The Surfers Rescue 365 program is an initiative of Surfing WA to increase the capacity of the community in surf rescue through broadening the awareness and knowledge of recreational surfers along the WA coastline via training and education of board rescue and basic emergency care techniques. The program has been developed with the idea that surfers cover the majority of WA’s coastline 365 days of the year. By educating these surfers with basic rescue, CPR and first aid skills the program will help to increase safety across the coastline for all recreational ocean users. CONSULTATION AND ADVICE External Consultation Nil


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Internal Consultation • Manager Recreation Operations • Marketing and Events Officer

DISCUSSION / OFFICER COMMENTS The Surfers Rescue 365 program is a free training program that will provide community members with the opportunity to do a free 3 hour course, broken into 90 minutes for CPR, basic first aid and 90 minutes on board rescue techniques. It is envisaged that the program could be offered to 25 to 35 participants per year with training provided through local surfboard riding clubs. The aim is to train as many participants as possible and to enhance the skill set of surfers and beach users. Surfers Rescue 365 was successfully piloted in the Shire of Exmouth in July 2016 with 21 participants and the program is now being extended to a number of other metropolitan and country local governments including:

• Town of Cambridge • City of Albany • City of Greater Geraldton • City of Busselton • City of Stirling • City of Mandurah • City of Joondalup

The program is funded by Surfing WA, Department of Sport and Recreation and by the participating local governments providing $5,000 per annum over a two-year period. The return on investment at the end of the two-year period will centre on the free training of community members. At the end of Year 2, the Shire will have 70+ community members equipped with skills to perform board rescues and basic CPR and first aid which has the potential to save lives on unpatrolled beaches or in other emergency scenarios. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Nil STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016-2020 Goal 2: Welcoming and inclusive communities Community Outcome: Safer communities Strategic Response 2.6.1: Provide community safety through regulatory and support programs PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The Surfers Rescue 365 requires a commitment of $5,000 per annum for a two-year period. Currently DC39 Grants – Community Development which has a budget of $10,000 in 2016-17 is under expended. The annual grant round had only one successful application, leaving a total of $9,092 remaining and it is recommended that this budget to utilise to fund the Surfers Rescue 365 for $5,000 in 2016-17. Funding for the program in 2017-18 could be considered from the Council Contributions annual allocation. Shire Procedure FI12.5 Council Contribution states that annually the Shire will provide budget funding to a maximum of $100,000 and an allocation to the program could be sourced from this budget. SUSTAINABILITY IMPLICATIONS Environmental Nil


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Social The Surfers Rescue 365 program has many social benefits to the community of Augusta Margaret River. Over the two-year period over 70 participants will have learnt essential lifesaving skills, upskilling the community and thereby increasing the safety of recreational ocean users and others in the community. Economic Nil VOTING REQUIREMENTS Absolute Majority RECOMMENDATION That Council: 1. Endorses the Surfers Rescue 365 program for a two-year period with a contribution of $5,000 per

annum; 2. Allocates funding of $5,000 in the 2016-17 budget from DC39 Grants – Community Development;

and 3. Includes $5,000 in the 2017-18 draft budget to be allocated to DC44 Community Contributions. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1.Surfing WA – Surfers Rescue 365 proposal RECOMMENDATION / COUNCIL DECISION CR HASTIE, CR SMART OM2017/40 That Council: 1. Endorses the Surfers Rescue 365 program for a two-year period with a contribution of $5,000

per annum; 2. Allocates funding of $5,000 in the 2016-17 budget from DC39 Grants – Community

Development; and 3. Includes $5,000 in the 2017-18 draft budget to be allocated to DC44 Community

Contributions. CARRIED BY ABSOLUTE MAJORITY 7/0


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12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 12.1 Formation of a Working Group - Indigenous Engagement - Cr Pam Townshend The following motion was raised as ‘Urgent Business’ by Cr Townshend at the 25 January 2016 Ordinary Meeting of Council. The motion was deferred (OM2017/22) to allow further investigation as to whether it would be a conflict of interest for a Councillor to participate in a working group and also consider the item and its recommendation when it came before Council for a decision. MOTION That the Shire form a working group consisting of a Councillor, a staff member and a indigenous elder who is able to speak for the Margaret River as part of the Wadandi culture. This group is to progress a process of implementing ‘indigenous engagement in a comprehensive manner about the appropriatness of the public works activities along the Margaret River’. This group is to produce recommendations for Council to consider. CEO RECOMMENDATION Unfortunately there has been insufficient time to prepare a detailed officer’s report in time for the distribution of the agenda and for relevant parties to be consulted on the proposal. My recommendation is therefore as follows: That due to the complex and sensitive nature of Aboriginal consultation, the need to clarify the role of the SWALSC and the Department Aboriginal Affairs and to receive further relevant information that Council defers consideration of the Notice of Motion pending the completion of:

a) A strategic planning briefing being held in order for a full discussion of the proposals and any issues and concerns;

b) Councillors receiving a full awareness raising briefing involving the Department Aboriginal Affairs and the Shire appointed consultant Brad Goode and any other relevant persons; and

c) Receives a comprehensive report on the various aspects of the proposed model and other best practice examples of LG Indigenous consultation structures from WA and other states prior to a formal decision being made.

ATTACHMENTS 1. Letter to the Department of Aboriginal Affairs dated 21 October 2016 2. Letter of response from Department of Aboriginal Affairs dated 28 November 2016 Cr Townshend moved her original motion: MOTION / COUNCIL DECISION CR TOWNSHEND, CR HASTIE OM2017/41 That the Shire form a working group consisting of a Councillor, a staff member and a indigenous elder/s who are able to speak for the Margaret River as part of the Wadandi culture. This group is to progress a process of implementing ‘indigenous engagement in a comprehensive manner about the appropriatness of the public works activities along the Margaret River’. This group is to produce recommendations for Council to consider.

CARRIED 7/0

With the approval of the mover and seconder, Cr Earl suggested /s be added to the end of the word elder to enable the possibility of more than one representative of the Wadandi culture. Before the motion was put to vote, Cr Earl foreshadowed the CEO’s recommendation: CEO RECOMMENDATION / FORESHADOWED MOTION That due to the complex and sensitive nature of Aboriginal consultation, the need to clarify the role of the SWALSC and the Department Aboriginal Affairs and to receive further relevant information that Council defers consideration of the Notice of Motion pending the completion of:


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a) A strategic planning briefing being held in order for a full discussion of the proposals and any issues and concerns;

b) Councillors receiving a full awareness raising briefing involving the Department Aboriginal Affairs and the Shire appointed consultant Brad Goode and any other relevant persons; and

c) Receives a comprehensive report on the various aspects of the proposed model and other best practice examples of LG Indigenous consultation structures from WA and other states prior to a formal decision being made.

The primary motion was then put to vote. As the motion was carried, Cr Earl did not move his foreshadowed motion. Cr Earl then moved the following supplementary motion: SUPPLEMENTARY MOTION / COUNCIL DECISION CR EARL, CR LANE OM2017/42 That Cr Townshend be appointed as Councillor representative and Cr Haynes as Deputy.

CARRIED 7/0 REASON Cr Earl spoke to the motion stating it necessary to determine which Councillor would be appointed. 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 That the meeting be closed to members of the public.

The Manager Planning and Development, Manager Asset Services, Members of the public and press left Chambers at 7.48pm


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15.1 MARGARET RIVER RECREATION CENTRE LEARN TO SWIM SCHOOLS LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE CPT/25 REPORT AUTHOR Dylan Brown, Recreation Operations Manager

Annie Riordan, Director Corporate and Community Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services

IN BRIEF • Since 2003, two private learn-to-swim (LTS) schools have operated from the Margaret River

Recreation Centre. • The purpose of this report is to outline options for the future provision of LTS schools at the Margaret

River Recreation Centre. RECOMMENDATION That Council: 1. Endorses a Shire run LTS school at the Margaret River Recreation Centre from January 2018; and 2. Advises the Margaret River Swim School and Annesley Aquatics that at the end of the term of the

current Facility Hire Agreements being December 2017 that there will be no further Facility Hire Agreements issued

VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Endorses a Shire run LTS school at the Margaret River Recreation Centre from January 2018. 2. Advises the Margaret River Swim School and Annesley Aquatics that at the end of the term of the

current Facility Hire Agreements being December 2017 that there will be no further Facility Hire Agreements issued

MOTION / COUNCIL DECISION CR EARL, CR KENNAUGH OM2017/45 That the Council advises the Margaret River Swim School and Annesley Aquatics that at the expiry of the term of the current Facility Hire Agreements that Council will be prepared to enter into a new Facility Hire Agreement for a fixed period of five years, following which Council will call for public expressions of interest for any future facility hire agreements.

CARRIED 5/2 CRS HASTIE AND SMART VOTED AGAINST

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PROCEDURAL MOTION / COUNCIL DECISION CR EARL, CR LANE OM2017/46 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 8.33pm

ordinary council - shire of augusta–margaret river · i advise that an ordinary council meeting...

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