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Shire of Brookton, Agenda Ordinary Meeting of Council, 19 September 2019 1 ORDINARY MEETING OF COUNCIL PUBLIC AGENDA 19 September 2019

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  • Shire of Brookton, Agenda Ordinary Meeting of Council, 19 September 2019 1

    ORDINARY MEETING OF COUNCIL

    PUBLIC

    AGENDA

    19 September 2019

  • Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 2

    NOTICE OF MEETING

    19 September 2019

    14 White Street Brookton, WA 6306

    Dear Councillor, Resident or Ratepayer, Notice is hereby given that the Ordinary Meeting of the Brookton Shire Council will be held on Thursday 19th September 2019 in the Council Chambers at the Shire Administration Centre commencing at 5.00 pm. The business to be transacted is shown in the Agenda. Ian D’Arcy CHIEF EXECUTIVE OFFICER 13 September 2019

    DISCLAIMER

    The recommendations contained in the Agenda are subject to confirmation by Council. The Shire of Brookton warns that anyone who has any application lodged with Council must obtain and should only rely on written confirmation of the outcomes of the application following the Council meeting, and any conditions attaching to the decision made by the Council in respect of the application. No responsibility whatsoever is implied or accepted by the Shire of Brookton for any act, omission or statement or intimation occurring during a Council meeting.

  • Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 3

    TABLE OF CONTENT

    1.09.19 USE OF COMMON SEAL ....................................................................................................... 5

    2.09.19 DELEGATED AUTHORITY – ACTIONS PERFORMED – AUGUST 2019 ....................................... 5

    3.09.19 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS ............................................... 5

    4.09.19 RECORD OF ATTENDANCE/APPOLOGIES/APPROVED LEAVE OF ABSENCE ............................. 5

    5.09.19 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ......................................... 5

    6.09.19 PUBLIC QUESTION TIME ...................................................................................................... 5

    7.09.19 APPLICATIONS FOR LEAVE OF ABSENCE ............................................................................... 5

    8.09.19 PETITIONS/DEPUTATIONS/PRESENTATIONS ........................................................................ 5

    9.09.19 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ....................................................... 5

    9.09.19.01 ORDINARY MEETING OF COUNCIL – 15 AUGUST 2019.......................................................... 5

    9.09.19.02 AUDIT COMMITTEE - 15 AUGUST 2019 ................................................................................ 6

    9.09.19.03 LOCAL EMERGENCY MANAGEMENT COMMITTEE - 19 AUGUST 2019 .................................. 6

    10.09.19 ANNOUNCEMENTS BY THE PRESIDING MEMBER WITHOUT DISCUSSION ............................. 6

    11.09.19 DISCLOSURE OF INTERESTS ................................................................................................. 6

    12.09.19 TECHNICAL & DEVELOPMENT SERVICES REPORTS ................................................................ 7

    12.09.19.01 REQUEST TO NAME RESERVE LAND – CORBERDING ROAD, BROOKTON .............................. 7

    12.09.19.02 PROPOSED NATURE BASED CAMPING AREA – LOT 1358 STRANGE ROAD, JELCOBINE ...... 10

    12.09.19.03 WHEATBELT SECONDARY FREIGHT NETWORK PROGRAM – FORMALISATION OF

    COMMITMENT ..................................................................................................................... 26

    12.09.19.04 PROPOSED RURAL INDUSTRY – GRAIN RECEIVAL AND STORAGE FACILITY LOT 814

    BROOKTON – CORRIGIN ROAD, BROOKTON ....................................................................... 58

    12.09.19.05 PROPOSED RURAL INDUSTRY – ADDITIONAL GRAIN RECEIVAL AND STORAGE FACILITY

    LOT 550 SEWELL STREET BROOKTON – REQUEST TO AMEND PLANNING APPROVAL

    CONDITIONS ......................................................................................................................... 80

    13.09.19 COMMUNITY SERVICES REPORTS ...................................................................................... 93

    14.09.19 FINANCE & ADMINISTRATION REPORT .............................................................................. 93

    14.09.19.01 HIRE FEE DISCOUNT – REQUEST – BROOKTON CRC ............................................................ 93

    14.09.19.02 LIST OF ACCOUNTS FOR PAYMENT ...................................................................................... 96

    14.09.19.03 STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD ENDED 31 AUGUST 2019 ............. 98

    15.09.19 GOVERNANCE .................................................................................................................. 124

    15.09.19.01 REVIEW OF COUNCIL POLICY MANUAL.............................................................................. 124

  • Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 4

    15.09.19.02 PARTNERING AGREEMENT – PROVISION OF MUTUAL AID FOR RECOVERY DURING

    EMERGENCIES – MEMORANDUM OF UNDERSTANDING (MOU) ...................................... 127

    16.09.19 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ................. 134

    17.09.19 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING ............ 134

    18.09.19 CONFIDENTIAL REPORTS .................................................................................................. 134

    18.09.19.01 RFQ 04.2019-20 – SUPPLY OF BITUMINOUS SEALING PRODUCTS/WORKS ...................... 134

    18.09.19.02 RFQ 05.2019-20 - SUPPLY OF ROAD PAVEMENT CEMENT STABILISATION SERVICES ....... 135

    19.09.19 NEXT MEETING & CLOSURE .............................................................................................. 135

  • Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 5

    1.09.19 USE OF COMMON SEAL

    The Table below details the Use of Common Seal under delegated authority for the month August 2019.

    Use of Common Seal Register

    File Ref: Purpose Date Granted

    2.09.19 DELEGATED AUTHORITY – ACTIONS PERFORMED – AUGUST 2019

    The Table below details the actions of Council performed under delegated authority for the month August 2019. Shire of Brookton, Delegation Register, 1.46 Building Matters – Permits, Certificates & Orders

    BUILDING

    Application No. Lot & Street Type of Building Work Date Granted

    Shire of Brookton, Delegation Register, 1.41 Specific Provisions under the Town Planning Scheme No. 3

    PLANNING

    File Ref Application Ref Subject Land (incl. Scheme No.) Purpose Date Granted

    A326 P2019/018 103 Robinson Road, Brookton Portable Signage 29 Aug 2019

    3.09.19 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

    4.09.19 RECORD OF ATTENDANCE/APPOLOGIES/APPROVED LEAVE OF ABSENCE

    5.09.19 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

    6.09.19 PUBLIC QUESTION TIME

    7.09.19 APPLICATIONS FOR LEAVE OF ABSENCE

    8.09.19 PETITIONS/DEPUTATIONS/PRESENTATIONS

    9.09.19 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

    9.09.19.01 ORDINARY MEETING OF COUNCIL – 15 AUGUST 2019

    That the minutes of the Ordinary meeting of Council held in the Shire of Brookton Council Chambers, on 15 August 2019, be confirmed as a true and correct record of the proceedings.

  • Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 6

    9.09.19.02 AUDIT COMMITTEE - 15 AUGUST 2019

    That the minutes of the Local Emergency Management Committee meeting held in the Shire of Brookton Council Chambers, on 19 August 2019, be received by Council.

    9.09.19.03 LOCAL EMERGENCY MANAGEMENT COMMITTEE - 19 AUGUST 2019

    That the minutes of the Local Emergency Management Committee meeting held in the Shire of Brookton Council Chambers, on 19 August 2019, be received by Council.

    10.09.19 ANNOUNCEMENTS BY THE PRESIDING MEMBER WITHOUT DISCUSSION

    11.09.19 DISCLOSURE OF INTERESTS

    Members and Officers to declare Financial, Proximity or Impartiality Interests & submit forms to the Chief Executive Officer at the commencement of the meeting and also prior to the item.

    Disclosure of Financial & Proximity Interests

    a. Members must disclose the nature of their interest in matters to be considered at the meeting. (Sections 5.60B and 5.65 of the Local Government Act 1995). b. Employees must disclose the nature of their interest in reports or advice when giving the report or advice to the meeting. (Sections 5.70 and 5.71 of the Local Government Act 1995).

    Disclosure of Interest Affecting Impartiality a. Members and staff must disclose their interest in matters to be considered at the meeting in respect of which the member or employee has given or will give advice.

  • Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 7

    12.09.19 TECHNICAL & DEVELOPMENT SERVICES REPORTS

    12.09.19.01 REQUEST TO NAME RESERVE LAND – CORBERDING ROAD, BROOKTON

    File No: ADM 0281 Date of Meeting: 19/09/2019 Location/Address: Nature Reserve located on Corberding Road, Brookton Name of Applicant: Mrs F Whittington Name of Owner: Shire of Brookton Author/s: Vicki Morris – Deputy Chief Executive Officer Authorising Officer: Ian D’Arcy – Chief Executive Officer Declaration of Interest: The author has no interest in this item Voting Requirements: Simple Previous Report: N/A

    Summary of Item: Council is in receipt of a letter from Mrs Frank Whittington who now resides in Hopetoun, Western Australia seeking to name a small section of land in Corberding Road after her husband Frank. Mr and Mrs Whittington were residents of Brookton in the early 1960’s and purchased the land and subsequently subdivided the land into building blocks but retained a parcel as public open space (nature reserve). The land in question is located in Corberding Road (see map). Description of Proposal: This proposal involves a request to name a parcel of land as outlined on the map below.

    The naming of geographical features (either natural or man-made) in Western Australia is the responsibility of Landgate. Landgate have a policy for the naming geographical features and any proposal to name the land suggested by Mrs Whittington needs to comply with Landgate policies and standards for “Geographical Naming in Western Australia”.

  • Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 8

    The reason for going through this process it to ensure that there is an open and transparent naming process. Further the policy and procedures also serve the long terms interests of the community by identifying, protecting and reflecting the culture, heritage and landscape. Background: The Shire has received a written request from Mrs Frank Whittington to name a small parcel of land after her husband Frank. Mr Frank Whittington has a distinguished public sector career and some of his contributions include:

    Served as a Councillor for the Shire of Brookton from 1959 – 1971

    Served as a Shire Councillor for the Shire of Lake Grace from 1990-1992

    Was the President of the WA Volunteer Fire Brigade Association from 1978-1988 and was Vice President from 1976-1978.

    Was instrumental in the formation of the National Assembly of Volunteer Fire Brigades and was its foundation President 1983-1989.

    Received an Order of Australian medial in 1998 for his community service.

    Mr Whittington was also honoured for his community work by the Shire of Ravensthorpe in January 2019 at the Australia Day Awards. The Shire must follow the process of consultation as advised by Landgate. In general terms, the Shire should ensure that as far as possible that names for any geographical feature in the Shire are:

    a. Relatively short (the use of technical or scientific names is discouraged) b. Relevant to the purpose for which they are recommended c. Not easily confused with duplicating names within the region or nearby localities d. Consistent with the Landgate policies and procedures for Geographical Naming in Western

    Australia. However, Mrs Whittington’s request for naming the land after her husband cannot proceed further or be approved as the Minister will not consider naming anything whist a person is still living. Under Landgate’ s policy, the use of a person’s name whom has not been deceased for at least two (2) years will not be considered by the Minister who has final approval. As Mr Whittington is still alive, the small reserve parcel cannot be named after him so there is no need for the Shire to consider the matter further. Consultation: There has been consultation with Cr Fancote and Mrs Whittington. Statutory Environment: Land Administration Act 1997 Land Information Authority Regulations 2007 Australian Standards AS/NZS 4819:2001 – Rural and urban addressing Local Government Act 1995 Relevant Plans and Policy: Policies and Standards for Geographical Naming in Western Australia from Landgate WA.

  • Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 9

    Financial Implications: Nil Risk Assessment: There is no perceived risk to the Shire. Community & Strategic Objectives: Nil Comment The naming of the small parcel of land cannot be named after Mr Frank Whittington as the proposal does not fit the criteria. There is no further action required. OFFICER’S RECOMMENDATION That Council:

    1. Acknowledges and notes the contribution made by Mr Frank Whittington to the communities of Brookton and Ravensthorpe; and

    2. Takes no further action in naming the small nature reserve in Corberding Road, Brookton unless the naming of the reserve meets the policies and standards for geographical naming in Western Australia and Landgate.

  • Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 10

    12.09.19.02 PROPOSED NATURE BASED CAMPING AREA – LOT 1358 STRANGE ROAD, JELCOBINE

    File No: A866 Date of Meeting: 19/09/2019 Location/Address: Lot 1358 Strange Road Jelcobine Name of Applicant: As below Name of Owner: Ivan and Margery Solomon Author/s: Kelly D’Arcy – Senior Corporate Business Officer

    Ian D’Arcy – Chief Executive Officer Authorising Officer: Ian D’Arcy – Chief Executive Officer Declaration of Interest: Neither of the authors has an interest in this proposal Voting Requirements: Simple Majority Previous Report: N/A

    Summary of Item: The Shire of Brookton is in receipt of a planning application seeking approval for six (6) camping sites to be established on Lot 1358 Strange Road Jelcobine. In consideration of the merits of this proposal against the planning framework, scale of the use, concern raised by adjoining landowners and the caravan and camping legislation it is recommended planning approval be granted by Council. Description of Proposal: This proposal involves low key camping activity across six designated sites with the 43.57 hectare (107.6 acre) property. Respectively, Figure 1 below illustrates the location of the subject property, while Figure 2 present a

    configuration of Lot 1358 and Figure 3 shows the specific camp sites in relation to the existing access

    and manager’s residence.

    Figure 1 – Site Plan

  • Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 11

    Figure 2 – Lot Configuration

    Figure 3 – Proposed camp Sites

    As reflected in the diagrams above the proposal is based on minimal provision of services that affords a basic camping experience.

  • Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 12

    The application advocates that bookings are received through an on-line website portal called ‘Youcamp’ that promotes private camping Australia wide. This site can be viewed by via the following link: https://youcamp.com . A copy of the planning application is also presented as Attachment 12.09.19.02A. Background: On assessment, the subject property largely constitutes a ‘lifestyle’ lot with the following site characteristics:

    Site Assessment

    Existing Development Lot 1358 presently accommodates a residential dwelling and a number of farm sheds and structure in close proximity to the dwelling.

    Existing Services Reticulated power and telecommunications is available at the existing residence. Water is based on roof catchment fed to water storage tanks. Two small onsite storage dams for watering of stock are located midway along the southern boundary of the property.

    Vehicular Access Vehicle access taken from Strange Road is established to a base line gravel standard leading to existing homestead.

    Topography The property presents with a level of undulation and gradual fall across the property to the southern and eastern boundaries of the property.

    Vegetation Remnant vegetation is mainly evident to the rear (western) portion of the

    property as reflected in Figures 2 and 3.

    Soil Type/s Predominantly loam and clay mix.

    Surrounding Land-use The land adjoining on all boundaries is agricultural based used for cropping/grazing. The closest residence is some 300+ metres to the south of the existing dwelling on Lot 1358.

    Bushfire Attack Level (BAL) Assessment

    Lot 1358 partially falls within the Bushfire Prone Area as illustrated below, however due to the nature of the application and land – use the applicant does not need to submit a BAL assessment to determine the measures required for mitigation – see Figure 4 below.

    Figure 4 – Bushfire Prone Map – Sourced from DEFS

    https://youcamp.com/

  • Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 13

    Consultation: Upon receipt, the application was referred to adjoining landowners to comment on the proposal within a 21 day period. At conclusion of the referral process a total of two submissions received, both objecting to the proposal. A table detailing the respective landowner’s concerns and corresponding officer comment is provided in the Comment Section of this report. A copy of each submission is also appended as Attachment 19.09.19.01B for Council’s understanding of the concerns raised. Statutory Environment: From a statutory perspective a Caravan Park/Camp Ground is not presently listed in the Shire of Brookton Town Planning Scheme No.3 zoning table, although it is defined in the interpretations section of the document. With this acknowledged the Shire’s draft Local Planning Scheme (LPS) No.4, nearing finalisation and adoption this year, does specify and promote a ‘Caravan Park’ (incorporating camping) use in the new zoning table for this document as an ‘A’ use, which means it needs to be advertised before being determined by Council. This means Council is to have regard to the validity of the comments or concerns raised by members of the public through the formal adverting process. To this end, the following table provides a summary of legal and other requirements in relation to this proposal:

    Shire of Brookton Town Planning Scheme (TPS) No. 3 (Statutory instrument)

    Current Zoning Farming – See extract of Zoning Map below.

    Figure 5 – Extract of Zoning - Map 1 illustration the subject property is zoned ‘Farming’.

    Permissibility (Table 1 – Zoning Table)

    Table 1 – Zoning Table of TPS 3 does not specify a Caravan Park as a considered use, although the TPS does offer clear definition in the document – see below.

    Definitions The draft TPS 3 stipulates the Interpretations Section a Caravan Park to be….. “an area of land specifically set aside for the parking of caravans and park

  • Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 14

    homes or for the erection of camps on bays or tent sites allocated for that purpose.”

    Objectives The Council’s TPS 3 nominates some of the objectives of the Farming Zone is:

    To protect the potential of agricultural land for primary production and to preserve the landscape and character of the rural areas.

    To consider non-rural uses, such as low key tourism where they can be shown to be of benefit to the district and not detrimental to primary production activity, natural resources or the environment.

    Planning and Development (Local Planning Scheme) Regulations 2015 (Statutory instrument)

    Schedule 2; Part 9; Clause 68(2)

    This clause empowers Council to determine Development Applications under the planning legislation having regard to the zoning and other Scheme provisions pertinent to the application under consideration.

    Schedule 2; Part 9; Clause 76 (1) and (2)

    This part of the Planning Regulations affords the applicant the right to apply to the State Administration Tribunal (SAT) for a review of the Council’s decision in relation to the decision on the proposed use and or development of the land.

    Shire of Brookton and Beverley Local Planning Strategy – April 2014 (Strategic document)

    10.2 General Agriculture and Land Use (Page 51)

    Section 10.1 of the Shire of Brookton Local Planning Strategy states the

    Council will:

    a) Support initiatives to enhance the productivity of agricultural areas through:

    - Working to ensure that sufficient water supplies are made available to agriculture;

    - Minimising the impact of agricultural practices and extraction or use of natural resources on the environment;

    - Encouraging the establishment of value-adding industries in appropriate locations to maximise economic advantages to the district.

    Further, Section 10.2 stipulates that Council should take into account the

    following in considering development proposals:

    a) Discourage land uses unrelated to agriculture from locating on agricultural land (unless the proponent suitably demonstrates there are

    exceptional circumstances to the satisfaction of Council);

    b) Other elements of the Strategy including protecting environmental assets, servicing and landscape impact;

    c) Provide adequate separation distance between potential conflicting land uses. The proposed development or use should contain all potentially

    conflicting effects within the property on which it is located;

    d) Buffer distances to enable agricultural uses to continue to operate without undue restrictions. The buffers to agricultural land are accommodated

    within the site subject to the proposal and not within adjoining land;

    e) How the proposal will not detrimentally impact on existing agricultural operations and outline how the proposal will contribute to sustainable

    agricultural production in the area;

    f) Discourage development that may result in land and environmental degradation.

  • Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 15

    Draft Shire of Brookton Local Planning Scheme (LPS) No. 4 (Statutory instrument - pending)

    Proposed Zoning ‘Rural’ zone (green) – See extract of Zoning Map 1 below.

    Figure 6 – Extract of draft Zoning Map 4

    Permissibility Table 1 – Zoning Table of draft LPS 4 specifies Caravan Park as an “A” (discretionary following mandatory advertising) use. This means Council has the ability to exercise discretion on nature based camping use based on relevant planning considerations following a public submission process.

    Definitions The definitions for the respective land use in draft LPS 4 is:

    “caravan park means premises that are a caravan park as defined in the Caravan Parks and Camping Grounds Act 1995 section 5 (1).”

    See further comment on Caravan Parks and Camping Grounds Act 1995.

    Objectives – 16.2.4 Rural Zone

    The draft LPS 4 stipulates the objectives of the Rural Zone are:

    To provide for the maintenance or enhancement of specific local rural character.

    To protect broad acre agricultural activities such as cropping and grazing and intensive uses such as horticulture as primary uses, with other rural pursuits and rural industries as secondary uses in circumstances where they demonstrate compatibility with the primary use.

    To maintain and enhance the environmental qualities of the landscape, vegetation, soils and water bodies, to protect sensitive areas especially the natural valley and watercourse systems from damage.

    To provide for the operation and development of existing future and potential rural land uses by limiting the introduction of sensitive land uses in the Rural Zone.

    To provide for a range of non-rural land uses where they have demonstrated benefit and are compatible with surrounding rural uses.

    Caravan Parks and Camping Grounds Act 1995 (Statutory instrument)

    Clause 7.(1) Application for grant or renewal of licence

    Clause 7.(1) prescribes a licence must be obtained in addition to the grant of planning approval, as outlines below:

    7.(1) An application for the grant or renewal of a licence for a facility is to be -

  • Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 16

    (a) made to the local government in the appropriate prescribed form; and

    (b) accompanied by the appropriate fee prescribed; and (c) accompanied by any information that the local government

    reasonably requires for a proper consideration of the application.

    Definition caravan park means an area of land on which caravans, or caravans and camps, are situated for habitation;

    Caravan Parks and Camping Grounds Regulations 1997 (Statutory instrument)

    Section 13. – Suitability of Land

    Under this section the Local Government must be satisfied the subject land is suitable for camping before approval is granted under regulations 11(2) or 12(2) of this legislation, particularly with respect to safety, health and access to services.

    Section 3. Terms Used nature based park means a facility in an area that — (a) is not in close proximity to an area that is built up with structures used

    for business, industry or dwelling-houses at intervals of less than 100 m for a distance of 500 m or more; and

    (b) has been predominantly formed by nature; and has limited or controlled artificial light and noise intrusion;

    Schedule 7 – Div. 1 – General Provisions

    For the most part the Local Government is granted discretion under the prescribed provisions 1 – 52 for a nature based park. These provision address the standards of access, facilities and services for caravan parks and camping grounds.

    Relevant Plans and Policy: There is no specific plan or policy that applies to this land use. Financial Implications: There is no specific financial implications applicable other than receipt of the planning application fee and future payment of annual $200 Camping Ground Licence fee should Council approve this application.

    Risk Assessment: There is no identifiable risk in granting this planning approval other than the applicant may exercise a right of appeal with the State Administrative Tribunal (SAT) should there be a grievance against the Council decision on this proposal.

    Community & Strategic Objectives: This proposal relates to delivery of core business and services detailed in the Shire of Brookton Corporate Compendium – May 2018, duly appended to the Next Generation BROOKTON Corporate Business Plan

  • Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 17

    Comment: 1. Public Submissions

    The following matters a) to g) highlighted in blue italic text have been raised through the public submission period. A corresponding officer comment is also provided under each matter for Council’s consideration.

    a) Scale of Camping Ground – While the proposed Camping Ground is minimal it will be easy to expand with more sites and more campers.

    Officer Comment – It is agreed the six camp sites as proposed is minimal and low key from a tourist development perspective. Ordinarily, caravan parks and camping grounds can vary in scale up to 100 - 200 sites.

    As to the suggestion of expanding the camping activity to beyond this application, the applicant would need to:

    i. Lodge another application for planning approval that would involve further consultation with

    the neighbouring property owners. ii. Apply for an amendment to the annual licence afforded under Clause 7.(1) the Caravan Parks

    and Camping Grounds Act, 1995 should Council support this proposal and any further expansion.

    Also, if the camping activity prove problematic or disruptive, the Council would need to determine if the annual licence should be renewed.

    b) Amenity Impacts – The owners of the Camping Ground cannot guarantee campers will respect

    peace and quiet generating excessive noise emanating from generators, over consumption of alcohol, and loud music/partying.

    Officer Comment – Firstly this concern is somewhat speculative, and secondly, given the scale of the development at 6 camp sites, area of the property at 120 acres, the undulating nature of the property, the seclusion of the camp sites, and the distance to the closest residence of some 320 metres, it is unlikely noise emanating from the camping activity will have an adverse impact on the local amenity and result in a breach of the noise regulations. Ordinarily, the matter of excessive noise and/or consumption of alcohol leading to anti-social behaviour would be addressed through on-site management, with any rowdy or unruly campers being requested to leave (evicted) should the behaviour continue. If this failed the property owner would normally engage the police.

    c) Privacy and Trespass – It is likely Campers will climb the adjoining property fences to the

    detriment of the neighbour.

    Officer Comment – It is accepted that a person could trespass on a neighbouring property, but can be appropriately addressed through on-site management as a condition of approval.

  • Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 18

    d) Rural Ambience – The proposal will compromise the rural ambience of the area and deny the

    landowners the entitlement of a quiet life.

    Officer Comment – It is understood from discussions with the applicant that the cliental attracted to camp on their property are mainly ‘city dwellers’ seeking to experience the rural ambience and tranquillity that is on offer. As mentioned in a) above, given the scale of this proposal it is unlikely the occupation of six camp sites broadly disbursed across 120 acres will compromise the current lifestyle enjoyed by local residents.

    e) Conflict with Farming Activities – The camping activity will conflict with agricultural practices and

    potentially result in complaints against chemical spray and other impacts such as noise and dust, where liability for these issues should be absorb by the Shire.

    Officer Comment – While noise from farming/agricultural activities carries a regulatory exemption, the matters of excessive dust and chemical spray drift (both air quality) are the responsibility of the landowner generating the nuisance to manage and accord with prescribed legislative standards and associated codes of practices. These requirements are in place irrespective of a particular land use being approved on a neighbouring property. Therefore, suggestion the Shire should be responsible for the liability of these nuisance issues is not practical, when there is a legal obligation placed on the farmer to conduct agricultural activities to a compliant standard as required by law.

    f) Taking of Fire Wood – There is a risk that campers may enter neighbouring properties and

    unlawfully take fire wood.

    Officer Comment – This is a legitimate concern that can also be addressed through placement of a condition on the planning approval requiring the proponent to inform campers that the taking of firewood from a neighbouring property is unlawful and prohibited.

    g) Use of Fire Arms - There is concern that come campers may use fire arms to shoot wildlife and

    vermin such as rabbits and foxes.

    Officer Comment – This occurrence is considered unlikely, but could rarely occur where again it can be appropriately addressed through on-site management as a condition of approval.

    2. Other Considerations

    As outlined in the statutory section of this report the applicant is required to obtain a second approval in the form an annual licence for the camping activity. Aside from the payment of the prescribe fee, the annual licence can also prescribes the standards to be applied to the camping activity. For the most part, given the proposal is nature based, this is at the discretion of Council under the guidance of the Caravan Parks and Camping Grounds Regulations, 1997. Under Schedule 7 of the Regulations the following standards need to be given due consideration and are usually applied to a typical Caravan Park or Camping Ground development, but as mentioned discretion can be applied given this proposal is deemed a Nature Based facility.

  • Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 19

    Type of Regulatory Standards

    Number of people per site, length of stay and access for people with disabilities.

    Separation distances between sites.

    Buildings, fences and hard stands.

    Roads and parking.

    Recreational areas.

    Ablution and toilet facilities.

    Laundry facilities.

    Washing up facilities for campers.

    Lighting.

    Firefighting equipment.

    Electricity.

    Water supplies.

    Waste water, sewerage and drainage.

    Miscellaneous matters such as rubbish disposal and telephone access. Therefore, taking into account the scale and ‘nature based’ style of camping for this proposal, it is suggested the following standards should reasonably be applied to a camping licence, with relevant advice being placed on the planning approval should Council support this application.

    a) The maximum number of campers per site is 10 people. b) The maximum stay is not to exceed 28 nights in any 3 month period. c) Each camp site is to:

    - Have a minimum area of 25m2 - Be identified by a visible marker (1 to 6). - Be constructed to a compacted and levelled grass or gravel standard. - Be serviced by a 3.0 metre wide compacted gravel access road/track to 2 wheel drive

    standard. d) At least one communal toilet and shower is to be provided for use by campers. e) At least one operational trailer mounted fire-fighting unit (petrol driven) and one fire

    extinguisher to be available at the manager’s residence and accessible at all times. f) At least one 20,000 litre potable rain water storage tank with filling tap is to be provided for

    use by campers, with a valve and configured coupling suitable to taking of water in the event of a bush fire.

    g) A least two 80L rubbish bins to be provided at a designated location for use by campers. h) The provision of a hand-out pamphlet to camper’s that details:

    - a map of property with designated camp sites, potable water, toilet and shower and rubbish disposal bins;

    - emergency/management details and camping rules/directions, including anti-social behaviour, use of generators, trespass and taking of fire wood on neigbouring properties, lighting of fires, disposal of rubbish and general amenity.

    i) Provision of signage that includes check-in office and directional to camp sites and communal camping facilities (ie shower/toilet, water supply, rubbish disposal etc.).

    OFFICER’S RECOMMENDATION That Council grant planning approval for a Nature Based Camping Area on Lot 1358 Strange Road, Jelcobine pursuant to Schedule 2 Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015, subject to the following:

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    Conditions 1. Should the use and associated development the subject of this approval, not be SUBSTANTIALLY

    COMMENCED within a period of two (2) years from the date of this approval being granted, the approval shall lapse and be of no further effect. Where an approval has lapsed, the use shall not be carried out without the further approval of the responsible authority having first been sought and obtained.

    2. Use and associated development of the approved Nature Based Camping Area shall be carried out in accordance with the terms of the application as approved herein, and the respective location plans that form part of this approval.

    3. The Camping Ground use shall be limited to six (6) camp sites, unless otherwise further approved by Council through a separate application for planning approval.

    Advice Notes The following advice notes are offered in addition to the notes provided in Form 4 of Clause 86 of the Deemed Provisions on the approval granted in condition(s) above:

    a. This approval does not confer approval under other relevant legislation, including but not limited to, the Caravan Park and Camping Grounds Act, 1995. It is the responsibility of the Applicant to determine any necessary approvals required and obtain such approvals prior to the commencement of development and use. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire on (08) 9642 1106.

    b. Nothing in the approval or these conditions shall excuse compliance with all relevant written laws in the commencement and carrying out of the approved use/development.

    c. The applicant is advised of the need to lodge a formal application for an annual camping ground

    licence pursuant the Caravan Park and Camping Ground Regulations, 1997 prior to commencement of the camping activity.

    d. The applicant is advised that the following conditions/standards will be applied at the annual camping ground licence:

    The maximum number of campers per site is 10 people. The maximum stay is not to exceed 28 nights in any 3 month period. Each camp site is to:

    - Have a minimum area of 25m2 - Be identified by a visible marker (1 to 6). - Be constructed to a compacted/levelled gravel or grass standard. - Be serviced by a 3.0 metre wide compacted gravel access road to 2 wheel drive standard.

    At least one communal toilet and shower is to be provided for use by campers. At least one operational trailer mounted fire-fighting unit (petrol driven) and one fire

    extinguisher to be available at the manager’s residence and accessible at all times. At least one 20,000 litre potable rain water storage tank with filling tap is to be provided for

    use by campers. A least two 80L rubbish bins to be provided at a designated location for use by campers. The provision of a hand-out pamphlet to camper’s that details: a map of property with designated camp sites, potable water, toilet and shower and rubbish

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    disposal bins; emergency/management details and camping rules/directions, including anti-social behaviour,

    use of generators, tress-pass and taking of fire wood on neighbouring properties, lighting of fires, disposal of rubbish and general amenity.

    Provision of signage that includes check-in office and directional to camp sites and communal camping facilities (ie. shower/toilet, water supply, rubbish disposal etc.).

    e. Any external signage associated with the camping area shall be the subject of a separate

    planning application to the local government.

    f. Should the applicant be aggrieved by the conditions of this planning approval, a right of appeal exists to the State Administrative Tribunal (SAT) subject to Part 14 of the Planning and Development Act 2005. Appeals must be lodged to SAT within 28 days. Further information can be obtained from the SAT website – www.sat.justice.wa.gov.au.

    (Simple majority vote required)

    Attachments 12.09.19.02A 12.09.19.02B

    http://www.sat.justice.wa.gov.au/

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    Attachment 12.09.19.02A

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    Attachment 12.09.19.02B

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    12.09.19.03 WHEATBELT SECONDARY FREIGHT NETWORK PROGRAM – FORMALISATION OF COMMITMENT

    File No: ADM 0219 Date of Meeting: 19 September 2019 Location/Address: Various Roads – Wheatbelt Regions North and South Name of Applicant: Wheatbelt Regional Road Groups North and South Name of Owner: Wheatbelt Regional Road Groups North and South Author/s: Wheatbelt Secondary Freight Network Steering Committee

    Ian D’Arcy – Chief Executive Officer Authorising Officer: As above. Declaration of Interest: The author has no interest in this matter Voting Requirements: Simple Majority Previous Report: 16 May 2019 & 17 August 2018

    Summary of Item: This item relates to a request from the Wheatbelt Secondary Freight Network (WSFN) Steering Committee for all associated 42 Local Governments to formalise their commitment to WSFN Program in order to be eligible for future funding and project consideration. According, a recommendation is presented by the WSFN Committee for consideration and formal resolution of Council.

    Applicable to this request is also receival of the following documents:

    Project Governance Plan as Attachment 12.09.19.03A

    Program Delivery Plan as Attachment 12.09.19.03B

    Multi Criteria Analysis as Attachment 12.09.19.03C

    WSFN Map – March 2019 as Attachment 12.09.19.03D Description of Proposal: Broadly, the Wheatbelt Secondary Freight Routes Project seeks to establish a common Restricted Access Vehicle (RAV) road standard across municipal boundaries to aid in the safe and efficient movement of freight. The proposed Secondary Freight Network comprises 4,400km of Local Government managed roads that connect with State and National highways to provide access for heavy vehicles into the region. These roads are intended to enable large, high productivity trucks safe and cost effective access to business. Fundamentally, this item relates to the commitment and governance of the project across all 42 Local Governments that will receive benefit over the 4 distinct Stages, subject to ongoing commitment and funding from the other tiers of Government. Background: As an overview, all 42 Local Governments within the Wheatbelt Region have worked collaboratively for over the past 4 years to secure funding to improve secondary freight network routes on identified Local Government roads in the region. The WSFN Program has successfully been allocated $70 million of Federal funding (ROSI), matched with State funding of $17.5 million (reflecting the 80/20 funding agreement) for Stage 1 of the project.

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    As for the State funding, this will be sourced on a ration of two thirds from the State and one third from the Local Government where assets are being upgraded during each stage. The available $87.5M will not be sufficient to upgrade all the identified 80 routes and good governance of this program, therefore ongoing collaboration between all parties is critical in securing additional funding for subsequent stages for all 42 Local Governments to benefit.

    Accordingly, a Program Governance Plan (PGP) which identifies how key governance and administrative aspects will be undertaken to ensure successful delivery of the program is provided as Attachment 12.09.19.03A to this report. This document outlines the intended structure and processes for decision making and consultation within the Wheatbelt Region Regional Road Groups (WR RRG) and across the 42 Local Governments that have partnered to deliver this project. The PGP also seeks to provide a framework and guidelines for all members of the WSFN Program to operate within, and will be used to communicate to all stakeholders how the program will be governed. However, this document needs to be read in conjunction with the attached Program Delivery Plan (PDP) and the Multi-criteria Analysis (MCA) Methodology documents that provide operational details about how on-ground capital works will be delivered for Stage 1 and beyond. Now that the initial funding for the delivery of on-ground capital works for Stage 1 has been confirmed, it is important all 42 Local Governments formalise their commitment to WSFN Program to ensure be eligible for future project consideration and ongoing funding at the Commonwealth and State levels of Government. Therefore, the WSFN Steering Committee is formally requesting a commitment from each of the 42 local Governments through a formal resolution of Council acknowledging the presentation and acknowledgement of the following WSFN program documents:

    Project Governance Plan (PGP)

    Program Delivery Plan (PDP)

    Multi Criteria Analysis (MCA)

    The motion from each of the 42 Local Government Councils will be collated as addendums to a formal agreement executed between the respective Regional Road Groups and the Commonwealth and State Governments. Importantly, the WSFN program will formalise and solidify the ongoing commitment to this project and the defined governance framework. In order to demonstrate best outcomes and value for money the Steering Committee has adopted a transparent process to identify which routes have the highest priority for the limited available funding. This prioritisation involves the use of multi-criteria analysis (MCA) in scoring each route based on available data submitted by each Local Government and the Revitalising Agricultural Region Freight (RARF) strategy, with the latter being coordinated by the WA State Government. The criteria to be used in the MCA includes:

    Data Set Description

    ROSMA KSI Rate

    ROSMA data will be supplied by Main Roads WA. It captures the rate of ‘Killed or Serious Injury’ (KSI) incidents on a route.

    Seal Width The seal width of the road described as a percentage of the route length, allowing an average seal width will be applied across the route. Seal width will be compared to a minimum seal width of 7m as per a Type 5 road.

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    Road Condition

    Shire’s have assessed road condition on a one to five scale, which has been applied as a direct metric. Five indicating very poor condition

    ADT Counts Average Daily Traffic counts provide data on the average number of total vehicles traveling on a road per day over the measurement period, capturing both heavy and light vehicle use.

    ESA Counts An Equivalent Standard Axle is defined as a dual tyred single axle transmitting 8.2 tonne to the pavement. ESA counts are therefore reflective of the total number and load of heavy vehicles that impact a road.

    The on-ground works for the WSFN program is expected to commence in the 2020/21 financial year, and be staged over a 3 to 5 year period depending upon the Commonwealth Government’s requirements. For this current financial year the WSFN Committee has identified 2 x pilot projects to commence, inclusive of on-ground works and refinement of project delivery methodologies and processes. Both road construction projects are projected to cost $1.0 million dollars each and involve the following Shires:

    Wheatbelt North Regional Road Group - Shire of Victoria Plains - Lancelin to Meckering Route - Mogumber - Yarawindah Road - Project value $1M

    Wheatbelt South Regional Road Group - Shire of Quairading - Cunderdin to Kweda Route - Cunderdin - Quairading Road - Project Value $1M

    Officers from Local Governments with prioritised projects will be essential to ensure successful delivery of individual projects. It is presented by the WSFN Committee that this will provide a great opportunity for knowledge sharing and collaboration across the region. It will allow members of the Technical Team for the program to perform both informal and formal training with Local Government staff to upskill and improve their technical capacity. It is promoted that where possible neighbouring Local Governments will be encouraged to share technical, workforce and plant resources to assist in the efficient on-ground delivery of individual projects. Furthermore, the project governance will require:

    Individual Shires to provide to the WSFN Steering Committee for approval before any funding will be released details of the road works involving the road project:

    – Scope; – Budget; – Methodology; and – Delivery.

    The WSFN 5 Year Plan be incorporated into the Local Government’s Long Term Financial Plan (LTFP).

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    Individual Local Governments incorporate their funding and grant allocations into the Council’s annual Budget when the funding is programmed to be allocated.

    Funding to be distributed to Local Governments via Main Roads WA as fundamentally the collection agency and clearing house for the Local, State and Commonwealth funding allocated to the WSFN program.

    Statutory Environment: At this stage there is no statutory requirements applicable to this matter, with the WSFN program being administered through the already established Regional Road Group framework. Relevant Plans and Policy: This are no policy implications for Council at this stage. Financial Implications: Council has already committed $6,000 this financial year as a contribution towards project management for WSFN program. In projecting forward all 42 Local Governments over the course of the WSFN program will be required, and therefore need to commit financially towards an average of 7% ( this is variable of each individual project cost) of the overall cost of the program. The remaining funding will be provided by Commonwealth Government at 80% and State Government at 13%. As for the Shire of Brookton, the road upgrades identified within the WSFN program is the Southern portion Dangin-Meares Road and middle part of York Williams Road scheduled to be funded in Stage 3 of the program, York Williams is likely to have been fully upgraded prior to the WSFN funding being available.

    Figure 1 – Extract of Wheatbelt Secondary Freight Network – Yellow lines

    This presents the need for Council to include a projection of necessary funding in its Long Term Financial Plan (LTFP) for construction to occur based of a 7% contribution from the Shire (balance is grant funded) in year 10 of the LTFP, being 2029.

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    Risk Assessment: While the WSFN Committee is seeking a motion from each of the 42 Wheatbelt Local Government to commit to this project and the proposed governance framework, as reflected in the Officer Recommendation, it should be understood that this approach alone is not sufficient to bind future Council’s to this program, which is projected to span some 20 years across 4 Stages of local government road network. This presents a couple of risks including:

    1. The possibility that some local governments may incur a shift in priorities over time resulting in this commitment being altered or revoked by specific Council’s placing at risk the allocation of the local government’s portion of funding to this project, and a possible withdrawal of local governments from the overall program.

    2. Premised on point 1. above, also at risk is: a) The overall program as a completed freight network for the Wheatbelt, with portions of road

    not being upgraded to accord with the prescribed Restricted Access Vehicle (RAV) standards, rendering the project a partial incomplete once finished.

    b) A probability the flow of grant funding could be interrupted or denied for future stages of the WSFN program, and future collaborative projects across local government generally.

    In order to negate these risks it would be prudent for all 42 Local Governments to commit through a legally binding instrument, such as a Deed, that details the governance approach and deliverables of all the Local Governments involved in a consistent and transparent manner. This would provide certainty throughout the program spanning some 20 years. Community & Strategic Objectives: This proposal relates to delivery of core business and services detailed in the Shire of Brookton Corporate Compendium – May 2018, duly appended to the Next Generation BROOKTON Corporate Business Plan

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    genuinely supportive and committed to the WSFN program, and respective governance, delivery and selection criteria documents continues to remains strong at this stage. However, as highlighted in the Risk Assessment above the lack of a binding commitment by all 42 local governments could over time see change in priorities from some individual local governments resulting in the project being compromised, and other local governments being denied funding for subsequent stages. From an officer perspective, this needs to be understood by the respective local governments, the WSFN Committee and both Regional Road Groups chartered to guide and manage this project. Therefore, it is recommended that Council sign off on the recommendation from the WSFN Committee and additionally recommend to the Wheatbelt Region Road Group that a more binding legal agreement, such as a Deed, should be introduced and executed by all local governments demonstrating a waivered commitment before the network is assessed using the MCA and funding is allocated. WHEATBELT SECONDARY FREIGHT NETWORK STEERING COMMITTEE RECOMMENDATION That Council:

    1. Formalise their commitment to the program the Wheatbelt Secondary Freight Network Program enabling them to be eligible for future funding and project consideration.

    2. Receive the following WSFN Program documents which outline how the WSFN Steering Committee propose to administer the WSFN Program: - Program Governance Plan - Program Delivery Plan - Multi Criteria Analysis Methodology.

    3. Endorse the processes and procedures outlined in the Program Governance Plan which enables

    the Wheatbelt North and Wheatbelt South Regional Road Groups and the WSFN Steering Committee to make decisions in accordance with in the Program Governance Plan.

    (Simple majority vote required) OFFICER RECOMMENDATION That Council inform the Wheatbelt North and Wheatbelt South Regional Road Groups and the Wheatbelt Secondary Freight Network (WSFN) Steering Committee that while its supports and is committed to the WSFN program, it of the firm view that all 42 Local Governments need to commit through a legally binding instrument, such as a Deed, that details the governance approach and deliverables expected of all the Local Governments involved in a consistent and transparent manner. This approach is presented for consideration as it will provide a reasonable level of certainty throughout the program, spanning some 20+ years, and negate the inherent risk of shifting priorities of some local governments over time, resulting in their commitment being altered or withdrawn possibly putting in jeopardy:

    a) The aim to deliver an integrated freight network, as intended across all 4 stages of the WSFN

    program. b) The opportunity for other Local governments to receive benefit through a defined and

    coordinated approach to movement of agricultural freight for years to come. c) Funding for other collaborative local government initiatives into the future.

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    (Simple majority vote required)

    Attachments Attachment 12.09.19.03A – Project Governance Plan Attachment 12.09.19.03B – Program Delivery Plan Attachment 12.09.19.03C – Multi Criteria Analysis Attachment 12.09.19.03D – WSFN Map – March 2019

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    Attachment 12.09.19.03A

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    Attachment 12.09.19.03B

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    Attachment 12.09.19.03C

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    Attachment 12.09.19.03D

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    12.09.19.04 PROPOSED RURAL INDUSTRY – GRAIN RECEIVAL AND STORAGE FACILITY LOT 814 BROOKTON – CORRIGIN ROAD, BROOKTON

    File No: A894 Date of Meeting: 19 September 2019 Location/Address: Lot 814 Brookton - Corrigin Road Brookton Name of Applicant: Mr T Lange Name of Owner: Tianco Pty Ltd Author/s: Ian D’Arcy – Chief Executive Officer Authorising Officer: As above Declaration of Interest: The author does not have an interest in this item Voting Requirements: Simple Majority Previous Report: N/A

    Summary of Item: The Council is in receipt of a planning application seeking Council approval for a proposed Grain Receival and Storage Facility to be established on Lot 814 Brookton Corrigin Road Brookton. Lot 814 as depicted in the aerial photo provided as Figure 1 to this report is 43.7 hectares (107.9 acres) in area.

    Figure 1 – Location Plan

    In summary the Officer Recommendation is to conditionally support the proposed development aligned to the definition of ‘Rural Industry’. Description of Proposal: This proposal has been instigated by the landowner having been approached by two independent companies to establish a grain revceival depot, given the properties strategic location. This application is for Stage 1 of the development that involves construction of three (3) new open bulkhead grain storage facilities each measuring 75 metres in length, 25 metres in width and 6 metres in height, with an overall holding capacity 10,000 tonnes.

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    The application in summary also advocates there will be:

    A truck parking/queuing area and a temporary/portable weigh bridge with hut provided on-site.

    Access/egress to the site will be from Yeo Road and former Brookton – Corrigin Road to the south-west corner of the property.

    An internal road network and truck parking areas constructed to a compacted gravel standard, with dust suppression methods in place using water from an on-site dam. The intent is to upgrade these areas to a bitumen standard in subsequent stages as tonnage of grain increases and further bulkheads are required.

    A configuration of haulage vehicles from RAV 4 to RAV 7, with projected movement of between 2-5 vehicles per day.

    Noise generated no greater than a typical large scale farming operation, with the vehicles and machinery (mainly loading escalator and front end loader) operating 7 days per week between the hours of 6.00 am and 9.00 pm.

    Tarping and fumigation of the grain as required. Figure 2 illustrates the layout of Stage 1 within the north-west corner of the lot. Figure 3 shows a typical bulk head grain storage bin.

    Figure 2 – Proposed Site Layout

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    Figure 3 – Illustrative photo of open bulk storage facilities

    A copy of the complete application is appended to this report as Attachment 12.09.19.04A. Background: As provided in the application the proponent is seeking to establish a grain receival depot in Brookton. On assessment, including review of aerial photography of Lot 814, the following site characteristics exist:

    Site Assessment

    Existing Development Lot 814 presently accommodates an operational extractive industry within the eastern portion of the property, as evident in Figure 1 above. The balance of the arable farming pasture previously used for cropping purposes.

    Existing Services Reticulated power is available at the property boundary.

    Vehicular Access Access is taken from the former disregarded portion of Brookton Corrigin Road at the south eastern corner of the property. This access is gated with a crossover that predominantly serves the existing extractive industry.

    Topography The property presents with a gradual fall from north to south.

    Vegetation Lot 814 is devoid of any vegetation – refer to Figure 1 above.

    Soil Type/s Predominantly sand with some gravel loam clay mix.

    Surrounding Land-use The land adjoining is all farming except to the north west. This land is Crown Land that accommodates the Brookton Golf Course and Clubhouse.

    Bushfire Attack Level (BAL) Assessment

    Lot 814 partially falls within the Bushfire Prone Area as illustrated below, however due to the nature of the application and landuse the applicant does not need to submit a BAL assessment to determine the measures required for mitigation – see Figure 4 below. Fire hydrant requirements and measures to be addressed under the Building Code of Australia (BCA) requirements or alternatively an onsite firefighting unit is to be provided.

    Figure 4 – Bushfire Prone Map – Sourced from DEFS

    https://www.bing.com/images/search?view=detailV2&ccid=4U4fbxX8&id=26E49D0FBC489B9CA8886D7EDCD1BBF5A558ECDD&thid=OIP.4U4fbxX8ni4UHsQZVPMB2wHaE7&mediaurl=https://c1.staticflickr.com/5/4543/38368579574_6e2c372046_b.jpg&exph=681&expw=1024&q=cbh+bulkhead+pictures&simid=608045107561497618&selectedIndex=0https://www.bing.com/images/search?view=detailV2&ccid=2X4xclCz&id=A903E933C4A3A959431CD0ECB83B398E6350E680&thid=OIP.2X4xclCz81X-avCBH74qQgHaE-&mediaurl=https://www.charleshull.com.au/img/projects/CBH%20Merredin%203.png&exph=323&expw=481&q=cbh+bulkhead+pictures&simid=608054552173086408&selectedIndex=4

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    Consultation: Upon receipt, the application was referred to adjoining landowners and Main Roads WA to comment on the proposal within a 21 day period. At conclusion of the referral process a total of three submissions has been received with one objecting and two in support, including Main Roads WA. A copy of each submission is also appended as Attachment 12.09.19.04B for Council’s reference. Statutory Environment: As to the planning framework, a Rural Industry is assessment and subsequently determined in line with the Shire of Brookton Town Planning Scheme No.3, with due regard to the provisions outlined in Local Planning Scheme (LPS) No.4. Additionally, Council is to also have regard for valid comments or concerns raised by members of the public through the formal adverting process. Accordingly, the following table provides a summary of legal and other requirements in relation to this proposal:

    Shire of Brookton Town Planning Scheme (TPS) No. 3 (Statutory instrument)

    Current Zoning “Farming” zone – See extract of Zoning Map below.

    Figure 5 – Extract of Zoning Map 4

    Permissibility (Table 1 – Zoning Table)

    Table 1 – Zoning Table of TPS 3 qualifies a Rural Industry as an ‘AA’ use. This means Council has discretion to approve the respective uses with or without relevant planning conditions or refuse the proposal with valid planning reasons.

    Definitions The draft TPS 3 stipulates the definition of a Rural Industry to be: (a) An industry handling, treating, processing or packing rural

    products; or (b) A workshop servicing plant or equipment used for rural purposes.

    Objectives The Council’s TPS 3 nominates some of the objectives of the Farming Zone to:

    To protect the potential of agricultural land for primary production and to preserve the landscape and character of the rural areas.

    To provide for a range of rural pursuits such as broad-acre and diversified farming which are compatible with the capability of the land and retain the rural character and amenity of the locality.

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    Planning and Development (Local Planning Scheme) Regulations 2015 (Statutory instrument)

    Schedule 2; Part 9; Clause 68(2)

    This clause empowers Council to determine Development Applications under the planning legislation having regard to the zoning and other Scheme provisions pertinent to the application under consideration.

    Schedule 2; Part 9; Clause 76 (1) and (2)

    This part of the Planning Regulations affords the applicant the right to apply to the State Administration Tribunal (SAT) for a review of the Council’s decision in relation to the decision on the proposed use and or development of the land.

    Shire of Brookton and Beverley Local Planning Strategy – April 2014 (Strategic document)

    10.2 General Agriculture and Land Use (Page 51)

    Section 10.1 of the Shire of Brookton Local Planning Strategy states the Council will:

    a) Support initiatives to enhance the productivity of agricultural areas through: - Working to ensure that sufficient water supplies are made available to

    agriculture; - Minimising the impact of agricultural practices and extraction or use of

    natural resources on the environment; - Encouraging the establishment of value-adding industries in

    appropriate locations to maximise economic advantages to the district. Further, Section 10.2 stipulates that Council should take into account the following in considering development proposals:

    a) Discourage land uses unrelated to agriculture from locating on agricultural land (unless the proponent suitably demonstrates there are exceptional circumstances to the satisfaction of Council);

    b) Other elements of the Strategy including protecting environmental assets, servicing and landscape impact;

    c) Provide adequate separation distance between potential conflicting land uses. The proposed development or use should contain all potentially conflicting effects within the property on which it is located;

    d) Buffer distances to enable agricultural uses to continue to operate without undue restrictions. The buffers to agricultural land are accommodated within the site subject to the proposal and not within adjoining land;

    e) How the proposal will not detrimentally impact on existing agricultural operations and outline how the proposal will contribute to sustainable agricultural production in the area;

    f) Discourage development that may result in land and environmental degradation.

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    Draft Shire of Brookton Local Planning Scheme (LPS) No. 4 (Statutory instrument - pending)

    Proposed Zoning ‘Rural’ zone and Special Control Area (SCA) No.3 – See extract of Zoning Map 4 below.

    Figure 6 – Extract of draft Zoning Map 4

    The SCA No.3 seeks to protect future extraction of raw materials.

    Permissibility Table 1 – Zoning Table of draft LPS 4 specifies Industry - Primary Production is an ‘A’ (discretionary following mandatory advertising) use. This means has ability to exercise discretion on the Grain Receival and Storage use based on relevant planning considerations following a public submission process.

    Definitions The definitions for the respective land use in draft LPS 4 is: Industry - Primary Production means premises used —

    (a) to carry out a primary production business as that term is defined in the Income Tax Assessment Act 1997 (Commonwealth) section 995-1; or

    (b) for a workshop servicing plant or equipment used in primary production businesses.

    Objectives – 16.2.4 Rural Zone

    The draft LPS 4 stipulates the objectives of the Rural Zone are:

    To manage land use changes so that the specific local rural character of the zone is maintained or enhanced;

    To protect broad acre agricultural activities such as cropping and grazing and intensive uses such as horticulture as primary uses with other rural pursuits and rural industries as secondary uses in circumstances where they demonstrate compatibility with the primary use;

    To maintain and enhance the environmental qualities of the landscape, vegetation, soils and water bodies, to protect sensitive areas especially the natural valley and watercourse system from damage;

    To provide for the operation and development of existing, future and potential rural land uses by limiting the introduction of sensitive land uses in the Rural zone;

    To provide for a range of non-rural land uses where they have demonstrated benefit and are compatible with surrounding rural uses.

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    Environmental Protection Act 1986 (Statutory instrument)

    Generally This legislation regulates environmental impacts arising from emissions that may be adverse and detrimental in affecting health and wellbeing of residents and/or the natural environment. Pertinent to this application is the concern dust. Specifically, Part V of the EP Act states that where pollution or environmental harm arising from dust generation is likely to occur, the general pollution prevention provisions of the Act may apply. These provisions refer to compliance with emission standards and taking all practical measures to prevent or minimise emissions.

    Environmental Protection (Unauthorised Discharges) Regulations 2004 (Statutory instrument)

    Generally Materials prohibited as listed in Schedule 1 of the Unauthorised Discharges Regulation includes dust produced by a mechanical process including cutting, grinding, sawing, sanding, polishing and processing.

    Guidance for the Assessment of Environmental Factors – Seperation Distances between Industrial and Sensitive Land Use – No. 3 – June 2005

    (Guidance document)

    Generally This Guidance Statement has been prepared to provide a guide to a practical separation distance that should be set and maintained between an industry and sensitive land use (such as a residence). In recognition that a site-specific technical study may not be necessary in all situations, generic separation distances have been developed by the Department Water and Environmental Regulation (DWER) and other regulatory authorities in consideration of amenity impacts from gaseous, dust, noise and odorous emissions, as well as with elevated levels of off-site risk to the public.

    Definitions The relevant definitions extracted from the Guidance Statement are: - Buffer: means all the land between the boundary of the area that may

    potentially be used by an industrial land use, and the boundary of the area within which unacceptable adverse impacts due to industrial emissions on the amenity of sensitive land use are possible. This may be represented by the separation distance.

    - Industrial land use, industry: means a general term used in this Guidance Statement to encompass a range of industrial, commercial and rural land uses and infrastructure associated with emissions that may affect the amenity of sensitive land uses.

    - Sensitive land use: means land use sensitive to emissions from industry and infrastructure. Sensitive land uses include residential development, hospitals, hotels, motels, hostels, caravan parks, schools, nursing homes, child care facilities, shopping centres, playgrounds and some public buildings. Some commercial, institutional and industrial land uses which require high levels of amenity or are sensitive to particular emissions may also be considered.

    - Grain cleaning (no milling) means premises on which grain or seed is cleaned, graded, sorted or processed.

    Grain elevator means grain transfer using conveyor belts etc.

    Appendix 1 The table under Appendix 1 prescribes Grain Cleaning and/or Grain Elevator use to have a buffer distance from a sensitive land use of 500 metres for noise,

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    dust and odour.

    EPA guidance statement: A guideline for managing the impacts of dust and associated contaminants from land development sites, contaminated sites remediation and other related activities –

    March 2011 (Guidance document)

    Generally This 2011 Guidance Statement has been established by the Environmental Protection Authority (EPA) to afford direction on managing activities that can generate dust and smoke, and is specifically aimed at providing practical advice for the development and documentation of management strategies, plans and programs aimed at controlling impacts of dust.

    Part 4.0 – Dust Management Plan

    Local governments are encouraged to apply as a condition of planning approval a dust management plan to be prepared before commencement of the use or development with emphasis on appropriate management, monitoring and reporting.

    State Planning Policy 3.7 – Planning in Bushfire Prone Areas (Statutory instrument – tied to Planning Regulations)

    Generally State Planning Policy 3.7 Planning in Bushfire Prone Areas (SPP 3.7) directs how land use should address bushfire risk management across WA. It applies to all land which has been designated as bushfire prone by the Fire and Emergency Services (FES) Commissioner as highlighted on the Map of Bush Fire Prone Areas. SPP 3.7 a guide to implementing effective risk-based land use planning to preserve life and reduce the impact of bushfire on property and infrastructure.

    6.2 Strategic planning proposals, subdivision and development applications

    Section 6.2 of SPP 3.7 a) states: a) Strategic planning proposals, subdivision and development applications

    within designated bushfire prone areas relating to land that has or will have a Bushfire Hazard Level (BHL) above low and/or where a Bushfire Attack Level (BAL) rating above BAL-LOW apply, are to comply with these policy measures.

    b) Any strategic planning proposal, subdivision or development application in an area to which policy measure 6.2 a) applies, that has or will, on completion, have a moderate BHL and/or where BAL-12.5 to BAL-29 applies, may be considered for approval where it can be undertaken in accordance with policy measures 6.3, 6.4 or 6.5.

    c) This policy also applies where an area is not yet designated as a bushfire prone area but is proposed to be developed in a way that introduces a bushfire hazard, as outlined in the Guidelines.

    Planning Bulletin 111/2016 – Planning in Bushfire Prone Areas

    (Guidance document – tied to SPP 3.7)

    5. Exemptions Planning Bulletin 111/2016 states exemptions from the requirements of SPP 3.7 includes:

    - Where the development does not involve the occupation of employees on site for any considerable amount of time;

    - Infrastructure involving roads, telecommunications and damns and the like; - Rural activities, including piggeries, chicken farms, milking facilities and the

    like.

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    Relevant Plans and Policy: There are no specific plans or policy documents that apply to this proposal other than those specified in the Statutory Section of this report, including:

    - Respective policy statements in the Shire of Brookton Local Planning Strategy – April 2014; - The BAL requirements under State Planning Policy 3.7.

    Financial Implications: Other than receipt of the statutory planning application and future building application fees the other financial considerations are:

    a) An escalation in road maintenance costs, particularly for Yeo Road, being a local road, with an increase in heavy transport movements. At this stage this cost is unknown.

    b) A possible cost should an appeal be lodged by the applicant with the State Administration Tribunal (SAT). At this stage such cost is unknown.

    Risk Assessment: The obvious risks associated with this application, includes:

    1. Road maintenance – Council needs to be cognisant the increase in grain receival and storage will generate a greater impact on the local road network from a maintenance perspective. This presents a financial impost and poses an increased risk for road safety should the maintenance not be adequately delivered. Although considered minor given the projected tonnage for this application, the Council still needs to give consideration to maintaining the local road network around the proposed facility.

    2. Right of appeal - The applicant could potentially exercise a right of appeal with the State Administration Tribunal (SAT) should it consider the proposed development has unfairly been assessed and determined or the conditions of approval be onerous and contrary to the statutory planning framework. This is assessed as a low risk.

    Community & Strategic Objectives: This proposal relates to delivery of core business and services detailed in the Shire of Brookton Corporate Compendium – May 2018, duly appended to the Next Generation BROOKTON Corporate Business Plan

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    b) The subject property is surrounded by land that could be required for Rural Residential and Rural

    Small Holding in the future. Officer response – While some of the surrounding land has been identified in the Shire Local

    Planning Strategy for possible future rezoning and subdivision to afford ‘lifestyle’ lots on the edge of Brookton, this identification is strategic and not assured. Furthermore, it does not preclude Council from assessing and determining appropriate land use aligned the current zoning being ‘Farming’. The proposed development appropriately aligns to this zoning as a typical ‘Rural Industry’.

    c) Prevailing south easterly winds could create dust problems for local residents and sporting

    facilities now and into the future.

    Officer response – As mentioned, this a legitimate concern that can be addressed thorough a dust management plan be prepared and adhered to as a condition of approval. Furthermore, it is assessed the proposed bulk storage bins will be some 850 metres to the closest residence and 1,000 metres from the Brookton Country Club, when the EPA’s Guiding Statement No.3 prescribes a desired generic distance of 500 metres.

    4. Other Planning Considerations

    Notwithstanding the concerns raised during the public submission period, consideration also needs to be given to the following matters through the imposition of conditions or advice, should Council proceed to grant planning consent for the proposed development.

    a) Separation Distance and Dust Management – The distance to the closest residence as measured

    using scaled aerial photography is approximately 850 to the north-west, with the Country Club is approximately 1,000 metres to the west. This is in the order of 350 and 500 metres respectively beyond the prescribed distance under the EPA’s Guiding Statement No.3.

    However, although this not likely to be an issue, there is still a need for dust emanating from the site to be managed so as to not impact passing traffic on the Brookton – Corrigin Road. As already mentioned, this should be done through a specific condition applied to the planning approval if Council is supportive of this proposal.

    b) Vehicle Access, Manoeuvring, and Parking Areas - It is not perceived that access to the site will present any issues. The submission from Main Roads WA does not present any additional requirements in regard to this proposal, and Yeo Road is designated as suitable for haulage that already serves the CBH Grain Receival Depot. The request for areas around and between the proposed grain storage facilities to be gravel is accepted given the scale of the development and projected number of vehicle movements per day. However, this will not negate the need for management of dust through effective mitigation measures. While the use of water is proposed, additionally a binding agent should be applied when constructing and maintaining the gravel pavement. In this regard, further consultation should be entertained between the Shire’s Manager Infrastructure and Regulatory Services and applicant to ensure this matter is appropriate addressed, including compliance with Australian Standard for vehicle access and egress to/from the site.

    c) Internal Signage – Importantly from a safety perspective appropriate directional measure should

    be provided within the proposed grain receival site that clearly delineates:

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    - vehicle access and egress points to/from the site; - direction to the heavy vehicle weigh bridge; - dedicated loading/unloading areas premised on site safety; - internal vehicle circulation and identified clear ways, again premised on site safety and

    operational efficiency; - adequate dedicated areas for heavy vehicle queuing, parking and plant/equipment storage; - Site office/hut location and check-in procedure; - Site safety and emergency signage, including contact and response information, fire hydrant

    placement and muster point designations.

    d) Site Drainage – Upon review of the application and size of the property it is not considered water run-off will be an issue for Stage 1.

    e) Landscape/tree planting – In consideration of the tree planting already performed by Main

    Roads WA adjacent to the northern boundary of the property it is accepted that no further works is required at this stage.

    f) Fire Management – Fire mitigation is a strong consideration heightened by the dense vegetation

    located adjacent to the western boundary and south-west corner of the property. This presents a significant risk to not only the Tianco operations, but also the Brookton townsite. Accordingly, this matter requires attention through the placement of trailer mounted firefighting unit on-site, serviceable at all times.

    OFFICER’S RECOMMENDATION That Council grant planning approval for a Rural Industry – Grain Receival Facility on Lot 814 Brookton-Corrigin Road, Brookton pursuant to Schedule 2 Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015, subject to the following: Conditions 1. Should the development, the subject of this approval, not be SUBSTANTIALLY COMMENCED within

    a period of two (2) years from the date of this approval being granted, the approval shall lapse and be of no further effect. Where an approval has lapsed, no development shall be carried out without the further approval of the responsible authority having first been sought and obtained.

    2. Development of the approved Grain Receival Facility shall be carried out in accordance with the terms of the application as approved herein, and the respective plans inclusive of site plan, floor plans and elevations that form part of this approval.

    3. Access/egress to the Grain Receival Facility from Yeo Road shall be constructed in accordance with Australian Standards to minimum two coat bitumen seal (or similar) - refer to advice note d., and be clearly sign posted to the satisfaction of the Local Government.

    4. All vehicle access, manoeuvring, and parking around and between the proposed grain storage facilities shall be constructed to a minimum compacted gravel standard (or similar) to the satisfaction of the Local Government - refer to advice note: d.

    5. All trafficable areas within the Grain Receival Facility shall be sign posted to clea