ordinary meeting of council - shire of chittering · staff matthew gilfellon chief executive...

Ordinary Meeting of Council Wednesday 16 October 2019 Commencing at 7pm Held at the Council Chambers, 6177 Great Northern Highway, Bindoon

TABLE OF CONTENTS 1. DECLARATION OF OPENING OF MEETING / ANNOUNCEMENTS OF VISITORS .............................. 5

2. RECORD OF ATTENDANCE / APOLOGIES / APPROVED LEAVE OF ABSENCE / ANNOUNCEMENTS ................................................................................................................... 5

2.1 Attendance ............................................................................................................................... 5 2.2 Apologies .................................................................................................................................. 5 2.3 Approved leave of absence ...................................................................................................... 5 2.4 Announcements ....................................................................................................................... 6

3. DISCLOSURE OF INTEREST ......................................................................................................... 6

4. PUBLIC QUESTION TIME ........................................................................................................... 7

4.1 Response to previous public questions taken on notice.......................................................... 7 4.2 Public question time ................................................................................................................. 7

5. PRESENTATIONS / PETITIONS / DEPUTATIONS .......................................................................... 7

5.1 Petitions ................................................................................................................................... 7 5.2 Presentations ........................................................................................................................... 7 5.3 Deputations .............................................................................................................................. 7

6. APPLICATIONS FOR LEAVE OF ABSENCE .................................................................................... 7

7. CONFIRMATION OF MINUTES ................................................................................................... 7

7.1 Ordinary Meeting of Council: 18 September 2019 ................................................................. 7

8. ANNOUNCEMENT FROM THE PRESIDING MEMBER ................................................................... 8

9. REPORTS ................................................................................................................................ 10

9.1 DEVELOPMENT SERVICES ....................................................................................................... 10 9.1.1 Waste and Recycling Update .................................................................................. 10 9.1.2 Consideration of Request for Incidental Storage – Statewest Planning (on

behalf of Mr. Rodney Pearce): Storage of Non-Rural Vehicles and Trailers on Lot 38 Great Northern Highway, Chittering....................................................... 19

9.1.3 Amendment to Development Approval - Earthworks within Landscape Protection Area: Lot 103 (RN 186) Kay Road, Bindoon .......................................... 28

9.2 TECHNICAL SERVICES .............................................................................................................. 36 9.2.1 Wheatbelt Secondary Freight Network Program: Formalisation of

Commitment ........................................................................................................... 36

9.3 CORPORATE SERVICES ............................................................................................................ 42 9.3.1 Monthly Financial Report for the Period Ending 31 July 2019 ............................... 42 9.3.2 List of Accounts Paid for the period ending 30 September 2019 ........................... 44

9.4 CHIEF EXECUTIVE OFFICER ..................................................................................................... 46 9.4.1 Consultation on Proposed Code of Conduct and CEO Standards ........................... 46 9.4.2 Review of Chief Executive Officer Performance Criteria ........................................ 51

10. REPORTS OF COMMITTEES ..................................................................................................... 54

10.1 Local Emergency Management Committee ........................................................................... 54 10.1.1 Unconfirmed Minutes from 28 August 2019 .......................................................... 54

11. MOTIONS, OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ...................................................... 57

12. QUESTIONS FROM MEMBERS WITHOUT NOTICE ..................................................................... 57

13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING ............ 57

14. MEETING CLOSED TO THE PUBLIC ........................................................................................... 58

14.1 Matters for which the meeting may be closed ...................................................................... 58 14.1.1 New Administration Policy 1.20 Reimbursement of Volunteers for

Damaged Personal Equipment ............................................................................... 59 14.1.2 Contract for Bitumen RFQ 2019/20 - Supply and Lay of Bitumen and

Aggregate ................................................................................................................ 59 14.1.3 Contract for Cement Stabilising/Wet Mixing RFQ 2019/20.................................... 60

14.2 Public reading of resolution that may be made public .......................................................... 60

15. CLOSURE ................................................................................................................................ 61

MINUTES FOR ORDINARY MEETING OF COUNCIL

WEDNESDAY 16 OCTOBER 2019

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1. DECLARATION OF OPENING OF MEETING / ANNOUNCEMENTS OF VISITORS

The Presiding Member declared the meeting open at 7:00PM.

2. RECORD OF ATTENDANCE / APOLOGIES / APPROVED LEAVE OF ABSENCE / ANNOUNCEMENTS

2.1 Attendance

The following Members were in attendance: Member: Cr Gordon Houston President (Presiding Member)

Cr Peter Osborn Deputy President Cr Aaron King Cr George Tilbury Cr Carmel Ross Cr Mary Angus Cr Don Gibson

Quorum – 4 members

The following Shire staff were in attendance: Staff Matthew Gilfellon Chief Executive Officer

Rhona Hawkins Executive Manager Corporate Services Peter Stuart Executive Manager Development Services Jim Garrett Executive Manager Technical Services Jake Whistler Principal Planning Officer Natasha Mossman Executive Assistant (Minute Secretary)

Members of the public 16 Media 0

2.2 Apologies

Nil

2.3 Approved leave of absence

Nil

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2.4 Announcements

Councillors are to advise of their attendance in their role as the nominated Council delegate to external organisations. Cr Gordon Houston 20 September – Chittering Chamber of Commerce AGM, Bindoon 21 September – Edmund Rice College 2019 Awards & Presentation Evening, Bindoon 25 – 27 September – Waste & Recycle Conference 2019, Perth 4 October – WA Police, Gingin 15 October – Midwest / Wheatbelt Joint Development Assessment Panel Meeting (teleconference) Cr Peter Osborn 20 September – Chittering Chamber of Commerce AGM, Bindoon 8 October – Elected Member Information Session, Bindoon 8 October – Agenda Forum, Bindoon 15 October – Midwest / Wheatbelt Joint Development Assessment Panel Meeting (teleconference) Cr Aaron King 8 October – Elected Member Information Session, Bindoon 8 October – Agenda Forum, Bindoon Cr George Tilbury 20 September – Chittering Chamber of Commerce AGM, Bindoon 8 October – Elected Member Information Session, Bindoon 8 October – Agenda Forum, Bindoon Cr Carmel Ross 8 October – Elected Member Information Session, Bindoon 8 October – Agenda Forum, Bindoon Cr Mary Angus 20 September – Chittering Chamber of Commerce AGM, Bindoon 8 October – Elected Member Information Session, Bindoon 8 October – Agenda Forum, Bindoon Cr Don Gibson 8 October – Bindoon Historical Society, Bindoon 8 October – Elected Member Information Session, Bindoon 8 October – Agenda Forum, Bindoon

3. DISCLOSURE OF INTEREST

Nil



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4. PUBLIC QUESTION TIME

4.1 Response to previous public questions taken on notice

Nil

4.2 Public question time

Nil

5. PRESENTATIONS / PETITIONS / DEPUTATIONS

5.1 Petitions

Nil

5.2 Presentations

Nil

5.3 Deputations

Nil

6. APPLICATIONS FOR LEAVE OF ABSENCE

Nil

7. CONFIRMATION OF MINUTES

7.1 Ordinary Meeting of Council: 18 September 2019

7.1 RECOMMENDATION / COUNCIL RESOLUTION 011019 Moved Cr Ross / Seconded Cr Osborn That the minutes of the Ordinary Meeting of Council held on Wednesday18 September 2019 be confirmed as a true and correct record of proceedings.

CARRIED 7/0 7:02PM



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8. ANNOUNCEMENT FROM THE PRESIDING MEMBER

Cr Houston informed the meeting that the he is having the first 10 minutes of this meeting recorded for prosperity. Cr Houston addressed the meeting and expressed his condolences to the family of Robert Manning. Mr Manning was a very active member of the Chittering community and Council would like to take this opportunity to acknowledge Mr Manning and express their deepest sympathy to his family. Cr Houston informed the meeting that today the Shire received notification from Main Roads regarding the responsibility of sections of Great Northern Highway. The Shire has been advocating for a number of years, that once the new bypass is built that the responsibility (i.e. maintenance) of sections of the Highway are not transferred to the Shire to maintain. The correspondence from Main Roads was extremely positive and I advise that the following sections of roads will not be transferred to the Shire: • The section of Great Northern Highway from Chittering Roadhouse to Calingiri Road to be

duplicated by Bindoon Bypass; • The section of Great Northern Highway from the Chittering Shire/Swan District boundary to

Chittering Roadhouse duplicated by NorthLink and Muchea North; • The section of Bindoon-Moora Road from the existing Great Northern Highway to where it

will join the Bindoon Bypass at Wannamal; and • The section of existing Brand Highway from Muchea Townsite to the junction with the

existing Great Northern Highway. Cr Houston also informed the meeting about the recent JDAP application, which was for a private recreation facility in Mooliabeenee with a value of $10m. The facility will include an artificial turf golf driving range, indoor facilities for basketball, tennis and volleyball, indoor trek and obstacle course, 1.2ha lagoon and 21m high water slides, 4.5km recreation road for vehicles and go-karts, outdoor trek and obstacle course area, double storey club lounge and restaurant area, day rooms for guests (no beds or overnight stays) and a 1ha solar farm. Cr Houston then spoke to the upcoming local government elections and extended thanks to Cr King who was not re-nominating for Council. Cr Houston then announced that Cr King would like to personally say a few words to the meeting.

MOTION / COUNCIL RESOLUTION 021019 Moved Cr Ross / Seconded Cr Tilbury That Council suspend Local Government (Council Meetings) Local Law 2014 to allow for Cr King to address the meeting.

CARRIED 7/0 7:09PM



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Cr King addressed the meeting and read aloud the following: I never thought that I would be elected let alone be sitting in chambers four years later. It has been an honour and privilege to represent and serve this community. The path to this point has been a journey of rewards and challenges. The passing of Steve Vallance changed council forever and left a void that could never be filled. Steve played with a straight bat, he was very much a peoples person, he never lost sight of the community interest and sense of fairness.

Having experienced 4 CEO’s over four years, I look forward to long term stability that I am sure Matthew can bring to this role, despite the baptism of fire and challenges this has brought with it. I wish Matthew every success.

To my fellow councillors, whilst we have not always agreed on issues, we have had robust debate on the many difficult issues facing our community. I wish the returning councillors the very best for the next two years. Difficult decisions will need to be made that will have a generational impact on this community. Listen to the community and think very carefully before you cast your votes. And to those councillors running for re-election, good luck. The communities vote count will be true reflection of your past performance as councillors. Consider this after election day.

And to the new councillors I say hang onto your seats. It can be a bumpy ride at times but the rewards out-way the busies. Don’t be afraid of bruises; they are at the very least a sign that you tried. Always challenge, always ask the difficult questions.

Thank you to the Administration staff past and present for providing the support over the past four years. Thank you to the many people who have supported me through my journey.

Special thanks to my wife Nadine and children for standing behind me and supporting my endeavours to be a councillor, because it is them who have made the sacrifice and tolerated me over the four years. This is not goodbye, rather until we meet again.

MOTION / COUNCIL RESOLUTION 031019 Moved Cr Osborn / Seconded Cr Ross That Council resume Local Government (Council Meetings) Local Law 2014.

CARRIED 7/0 7:12PM

Cr Houston wished George Tilbury and Mary Angus who have re-nominated best of luck. Cr Houston then expressed sincere thanks to his family for all their support during the past four years.



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9. REPORTS

9.1 DEVELOPMENT SERVICES

9.1.1 Waste and Recycling Update

Applicant Shire of Chittering File ref 31/01/0004 Prepared by Principal Environmental Health Officer Supervised by Executive Manager Development Services Disclosure of Interest Nil Voting requirements Simple Majority Attachments 1. Avon Waste Report 2018 – 2019

2. DWER Waste and Recycling Census Report 2018/2019 Executive Summary The Principal Environmental Health Officer is required to submit an annual waste and recycling census report for the period 1 July to 30 June to the Department of Water and Environmental Regulation (DWER) as a requirement of the Waste Avoidance and Resource Recovery Act 2007. The information in this report is obtained from the Shire’s Technical Services department through the operational data recorded for the Muchea and Bindoon Landfill and Recycling Centres, and also from the Shire’s contractor for kerbside waste and recycling – Avon Waste. The report will inform of key aspects of the Shire’s performance in regard to waste and recycling operations for the 2018/2019 reporting year. It will also recommend that Council considers advancements in waste management practices in accordance with the State Government’s Waste Strategy 2030. Background The Waste and Recycling Census Report is an annual report required of local governments by the Department of Water and Environmental Regulation (DWER) under the provisions of the Waste Avoidance and Resource Recovery Act 2007 (WAAR Act). The report includes: • Tonnages for kerbside collection of waste and recyclables; • Tonnages for waste and recyclables taken to the landfill centres by households and the Shire; • The types of recyclables collected; • Recovery rates for kerbside recycling, drop-off recycling, bulk wastes and other materials that are

recyclable; and • Details of Council operations (e.g. waste from parks and gardens and road maintenance), public

events and littering.



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Consultation State Department of Water and Environmental Regulation Local Executive Manager Technical Services Avon Waste Statutory Environment State • Waste Avoidance and Resource Recovery Act 2007 (WARR Act)

The primary objectives of this Act under Section 5 (1) are to: “contribute to sustainability, and the protection of human health and the environment, in Western Australia and the move towards a waste free society by— (a) promoting the most efficient use of resources, including resource recovery and

waste avoidance; and (b) reducing environmental harm, including pollution through waste; and (c) the consideration of resource management options against the following

hierarchy— (i) avoidance of unnecessary resource consumption; (ii) resource recovery (including reuse, reprocessing, recycling and energy

recovery); (iii) disposal.”

Local • Shire of Chittering Waste Local Law 2018

Purpose of the local law: To make provisions about the regulation of storage, collection and disposal of waste and recyclable materials in the Shire of Chittering.

Effect of the local law:

To control storage, collection and disposal of waste and recyclable materials for the benefit of the community and protection of the environment.

Policy Implications State • Waste Avoidance and Resource Recovery Strategy 2030

In 2019 the Waste Authority released the ‘Waste Avoidance and Resource Recovery Strategy 2030’ (the Strategy) which sets new objectives, targets and strategies with a vision for Western Australia to become a sustainable low-waste, circular economy, in which human health and the environment are protected from the impacts of waste. The Strategy has set new targets for waste generators and waste managers with the objectives of generating less waste; recovering more value and resources from waste; and by protecting the environment by managing waste responsibly. It will be the task of government, the community and industry to meet the necessary targets through improved technology, procedures and practices. The key strategy elements are shown below:



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Local • Strategic Waste Management Plan

The WARR Act requires that Local Governments have a Waste Plan that supports the objectives of their ‘Waste Avoidance and Resource Recovery Strategy 2030’. Currently, the Shire of Chittering has the Strategic Waste Management Plan, February 2014 produced by Talis Consultants. As this document was produced under the requirements of the government’s previous strategy (2012) it is now outdated and the Shire will need to develop a replacement plan for the ensuing 10 years.

Financial Implications The Shire’s existing Strategic Waste Management Plan (Talis, 2014) cost the Shire approximately $15,000. It is expected that the process will entail similar expenditure for an update plan. The process would begin with the development of a consultant’s brief and request for quotations. Funding should be allocated for the project to commence in the 2020-2021 financial year. Strategic Implications State Nil



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Local • Strategic Community Plan 2017-2027

Focus area: Our natural environment Objective: S2.2 Sustainable resources Strategy: S2.2.3 Improve waste management outcomes Focus area: Strong leadership Objective: S5.3 Accountable governance Strategy: S5.3.1: Good governance which supports efficient and effective service delivery

Site Inspection Not applicable Triple Bottom Line Assessment Economic implications A reduction in waste to landfills will have economic benefits brought about by a reduction in operational expenses, improved use of resources and the saving of valuable landfill space for future generations. Social implications Public awareness and proper knowledge of waste management and end use of different types of waste, health effects, environmental problems and economic issues that are related to waste management is very important for successful execution of any waste management related practices. Environmental implications The WARR Act and associated State Government policies, as well as Local Government Waste Plans and associated strategies are all ultimately for the sustainability of the environment. Officer Comment/Details In 2018/19 the Shire’s contractor (Avon Waste) collected 1491 tonnes of waste and 433 tonnes of recyclable materials via the kerbside collection service. The kerbside waste materials collected are deposited at the Muchea landfill site. The kerbside recycling materials are taken to the contractor’s depot at Gingin for further sorting and the materials are then taken to the Southern Metropolitan Regional Council (SMRC) in Canning Vale for packaging and marketing. The recyclables dropped off at the Shire’s landfill sites are sorted by staff as far as practicable and then periodically taken to the SMRC by Avon Waste for further processing, packaging and sale. A report summarising waste materials and recyclables collected by Avon Waste for 2018/2019 is included as an Attachment 1.



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The following chart indicates the proportions of various recycled materials collected by Avon Waste in 2018/2019:



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The table below indicates the recyclable materials collected by Avon Waste from the kerbside service (top section of table). It also indicates the recyclable materials taken by residents to the Shire’s two landfill sites for separation and sale in the recycling market:

2018/19 2017/18 2016/17 2015/16

Kerbside recyclables collected by Avon Waste (tonnage)

Paper and cardboard 180 172 218 217

Glass 131 124 159 157

Plastics 25 23 32 31

Aluminium (cans) 12 10 15 14 Steel (cans) 8 8 9 9

Contaminants 77 76 94 93

TOTAL 433 413 526 521

Additional recyclables dropped off at landfills (tonnage)

Paper and cardboard 59 87 81 69 Glass 103 64 143 120

Plastic 8 15 8 1

Aluminium (cans) 16 10 11 23

Steel (cans) 15 3 21 22

Aluminium 0 0 0 1

Steel and other metals 262 295 241 201 Green waste 543 427 412 295

Mattresses 0 0 2 2

E-Waste 7 0 6 6

Waste oil 11 6 9 4

Batteries 0 0 3 3

TOTAL 1,024 901 937 747 All recyclables taken to landfills are collected by recycling contractors when stockpiles achieve a minimum collection level. Some products achieve a positive return while others cost the Shire to have them removed. This largely depends on the value of the materials on the open market. The waste dropped off directly to landfill by residents cannot be sorted at the tip face due to safety factors so every effort is made to encourage people to separate materials for recycling beforehand. The charts below, extracted from the Shire of Chittering’s DWER Waste and Recycling Census Report 2018/2019, summarises critical statistics such as Kerbside Recovery, Drop off Recovery, Total Domestic Recovery and Weekly Kerbside Waste Generation1. The full DWER report is included as Attachment 2.

1 Note that ‘non metropolitan averages’ are not available until next year when DWER have received all reports throughout the state



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From the DWER report and the tables above the following analysis is available: • The average kerbside waste generated per household/week was 19kg (an increase of 4kg from the

previous year). • The average total waste generated per household/week was 49kg (includes drop off) (an increase of

2kg from the previous year). • The average waste generated per person/week was 17kg. • The total of all waste collected or taken to landfills (domestic, commercial and Shire waste) was

5,286 tonnes for the year, of which 1,602 tonnes were recovered. • From the above, the Shire’s overall recovery rate (the total amount of materials diverted from

landfill) was 30% which is 1% higher than the previous year. • The Shire’s kerbside recovery rate was 19%, which is on par with the average for local governments

outside of the metropolitan area and the Peel Region.

9.1.1 RECOMMENDATION / COUNCIL RESOLUTION 041019 Moved Cr Gibson / Seconded Cr King That Council: 1. Notes the Shire of Chittering’s performance from the annual Waste and Recycling Census Report

2018-2019 submitted to the Department of Water and Environmental Regulation. 2. Considers the initiation of a revised Strategic Waste Management Plan for the ensuing 10 years

to comply with the objectives of the State Government’s ‘Waste Avoidance and Resource Recovery Strategy 2030’.

3. Allocate funding for the above project in the 2020/2021 financial year.

CARRIED 7/0 7:15PM



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9.1.2 Consideration of Request for Incidental Storage – Statewest Planning (on behalf of Mr. Rodney

Pearce): Storage of Non-Rural Vehicles and Trailers on Lot 38 Great Northern Highway, Chittering

Applicant Statewest Planning (on behalf of landowner - Mr. Rodney Pearce) File ref A10885 Prepared by Principal Planning Officer Supervised by Executive Manager Development Services Disclosure of interest Nil Voting requirements Simple Majority Attachments 1. Written statement from applicant.

2. Confidential Attachment – CONFIDENTIAL “NOT FOR PUBLIC DISCLOSURE”

3. Applicant’s request for timeframe to remove items Executive Summary Council is to consider a request from Statewest Planning to regard the storage of non-rural vehicles and trailers as ‘incidental’ to the predominant farming and residential activities on Lot 38 Great Northern Highway, Chittering. This request has been submitted to the Shire as part of a State Administrative Tribunal (SAT) appeal. IMAGE 1: Location Plan



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Background In mid-2018, the Shire received a complaint that an approved 2,000m² shed on Lot 38 Great Northern Highway, Chittering was being used for the storage of commercial vehicles, plant and trailers. It was learned that the vehicles and trailers being stored were associated with the landowner’s commercial drilling business (Drillwest), based in Bellevue (City of Swan). A retrospective application was then lodged by the landowner for approval to continue this storage land use. At its meeting held 20 February 2019, Council resolved the following:

That Council: 1. Refuse to grant Development Approval for the storage of non-rural equipment, plant and vehicles

on Lot 38 Great Northern Highway, Chittering for the following reason: a. The activities proposed are considered to be categorised as ‘Warehouse/Storage’ and

‘Transport Depot’ under the Shire’s of Chittering Local Planning Scheme No. 6. Consistent with Scheme Amendment No. 65, ‘Warehouse/Storage’ and’ Transport Depot’ are ‘X’ uses within the Agricultural Resource zone.

2. Advise the landowner of Lot 38 Great Northern Highway, Chittering that all equipment/plant and

vehicles not associated with the agricultural activities on Lot 38 Great Northern Highway, Chittering shall be removed from the property within three months of this resolution.

The applicant appealed the above decision to the State Administrative Tribunal (SAT). The SAT appeal was initially vacated for Council to reconsider its decision, following the landowner’s recent appointment of a planning consultant (Statewest Planning). Council again considered the application at its meeting held 15 May 2019 to which Council resolved:

1. Uphold resolution 130219 of the 20 February 2019 Ordinary Council Meeting for the following reasons: a. The Development Approval granted by the Shire on 27 May 2015 for Lot 38 Great Northern

Highway, Chittering does not permit the storage of non-agricultural equipment, plant and vehicles;

b. At the time the application for a farm storage shed was made in April 2015, the ‘Storage’ land use under the Local Planning Scheme No. 6 was an ‘X’ permissibility and could not be legally considered for approval by the Shire;

c. The current Local Planning Scheme No. 6 does not permit the land use of ‘Warehouse/Storage’ and/or ‘Transport Depot’ on a lot zoned ‘Agricultural Resource’.

2. Advise Statewest Planning that Council has again considered the retrospective application for

storage of non-agricultural equipment, plant and vehicles but maintains its decision to refuse the application as per Resolution 130219 of the 20 February 2019 Ordinary Council Meeting.

Following the above Council resolution, a directions hearing was held at the SAT on 24 May 2019 between Shire staff and the applicant. The SAT adjourned the proceeding in order to: a) Enable the respondent to consider whether to issue a direction to the applicant to cease use; b) Enable the applicant to consider whether to seek review of any such direction; and c) List a preliminary issue as to whether the proposed development is capable of approval, unless the

proceeding is withdrawn.



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The first two directions essentially highlighted the Shire’s ability to place a ‘stop work direction’ on the landowner (under Section 214 of the Planning and Development Act 2005), and for this ‘stop work direction’ to be appealed by the applicant at SAT. These directions would deal with the current matter of non-compliance (and not the current application) and would commence an additional SAT case for the applicant’s argument that the storage of the trailers and vehicles is incidental to the predominant farming land use of the Lot 38. The third direction highlights the need for the proposal to store non-rural equipment in a shed to be reviewed for its capability for approval. Shire staff and the applicant agreed that the argument of ‘incidental’ use could be further explored with Council without a ‘stop work direction’, and have been granted extensions of time from SAT to enable this to occur. The applicant has since provided the Shire with a written statement contending that the storage of the non-rural vehicles and trailers are ‘incidental’ to the predominant use of Lot 38, and does not require development approval. The applicant’s statement has been provided as an attachment to this report (Attachment 1) with the key points summarised below: • ‘One third of the 2,000m² is used for storage of incidental items such as a boat, caravan, jet ski and

some vehicles and trailers related to a business in Bellevue when they are not needed on site on a longer term basis’;

• ‘The use of a portion of the shed for storage is subordinate, of lesser importance (as defined by the Oxford dictionary), than the predominant agricultural use;

• ‘Less than 33% of the shed is used for miscellaneous equipment storage. The remaining space is used for farm equipment. Storage of miscellaneous equipment therefore is an incidental and subordinate use of both the shed and the land’.

• ‘The Scheme defines incidental use as “means a use of premises which is ancillary and subordinate to the predominant use”. The predominant use of the land is for stocking, cropping and grazing and the predominant use of the shed is for storage of “farm equipment” associated with this use. The storage of items which are of a personal and business nature are ancillary and subordinate to this predominant use.’

• ‘There will be no business operated from the site. It is not a commercial land use. The owner derives no income from the storage of equipment in the shed.’

Council is required to consider this statement, and determine whether or not the use of portion of the shed for the storage of non-rural vehicle and trailers is ‘incidental’ to the predominant land use. Consultation/Communication Implications Local The original retrospective application for Development Approval was advertised to the adjoining landowner (Lot 2) given the proximity of the proposed activity to the boundary (50m) and the two properties sharing an access way through an access easement burdening Lot 38. As a result of the advertising, an objection was received. This objection was addressed in the original report to Council and does not need to be further addressed in this report. State Nil



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Legislative Implications State Nil Local • Local Planning Scheme No. 6 – Schedule 1-Dictionary of Defined Words and Expressions

The applicant’s written statement is made on the premise that the storage of the commercial vehicles and trailers is incidental to the predominant use of Lot 38, being farming activities and residential use. The Shire of Chittering Local Planning Scheme No. 6 (LPS6) provides the following definitions of ‘Incidental Use’ and ‘Predominant Use’.

‘Incidental Use – means a use of premises which is ancillary and subordinate to the predominant use’

‘Predominant Use – means the primary use of premises to which all other uses carried out on the premises are subordinate, incidental or ancillary’

With regard to the ‘predominant’ use of Lot 38, the applicant and Shire officers are in agreeance that this is the farming activities taking place on the land (stocking, cropping and grazing), with a residential use given there exists a dwelling on the property. These uses are permitted under the zoning of Lot 38 (Agricultural Resource). The definition of ‘incidental’ under LPS6 is critical to this matter. It comprises two separate limbs with both needing to be satisfied in order for the subject activity to be classed and defined as ‘incidental’. These limbs are: • Use of premises is ancillary to the predominant use; and • Use of premises is subordinate to the predominant use. It is conceded that the use of a portion of the shed to store commercial vehicles and trailers is subordinate to the use of Lot 38 for farming activities. Subordinate means ‘lesser importance’ and ‘lower in rank’ and therefore the storage activity is subordinate to the farming and residential land uses as it occurs on lesser scale. The storage activity is contended to not be ancillary to the predominant farming and residential land uses. Ancillary means ‘support to a primary activity or operation’ and ‘has a connection with’. An ancillary activity must have a relationship to a predominant use on the land. The storage of mining vehicles cannot be argued to have a relationship, or any connection with farming activities or a residential use. Because this ‘ancillary’ limb of the ‘incidental’ definition cannot be satisfied, the storage activities on Lot 38 cannot be classified as incidental. This view is also supported by recent SAT determinations such as [2019] WASAT 6 - 113 which states–

“there needs to be some kind of relationship between the dominant use and an incidental use. That is, the incidental use must form part of, or naturally attach to, the dominant use.”

The storage of commercial vehicles and trailers cannot be classified as incidental to the predominant uses and as such, requires development approval in its own right. It is on this basis, that the written statement from the applicant cannot be supported by Shire officers.



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Policy Implications State Nil Local Nil Financial Implications Nil Strategic Implications Council’s resolution on this request may have ramifications on the future permissible land use activities in the ‘Agricultural Resource’ zone. There has been a conscious effort through Scheme Amendment No. 65 to prohibit non-rural/industrial type land uses (i.e. Transport Depot, Storage, Warehouse etc.) outside of the appropriately zoned areas such as the Muchea Industrial Park (MIP). If Council resolve that the subject storage activities are in fact ‘incidental’ to the predominant land use of farming/residential, this could set an undesirable precedent within the Shire and undermine LPS6 and the strategic intent of the MIP. It could establish a position through-out the Shire that the storage of non-rural items in a rural shed is acceptable and does not require any Development Approval. Council’s endorsed Local Planning Strategy reinforces all non-rural based industries being located in the Muchea Industrial Park. Site Inspection An inspection was undertaken once the Shire had been made aware of the storage taking place. This inspection resulted in the original retrospective application for development approval being lodged by the landowner. Following the applicant’s appeal to the SAT and the adjournment of proceedings for the Shire and applicant to discuss the ‘incidental’ nature of the use, a further on-site inspection/meeting took place. At this inspection in July 2019, the vehicles and trailers of a commercial nature had all been relocated to a closed portion of the shed, which contains a sliding door. The closed portion of the shed also contained some items (i.e. boat) that are of a personal nature and are regarded as incidental to the residential use of the land. The commercial vehicles within the closed portion of the shed cannot be seen from outside. The open half of the shed only contained items of a farming nature which are permitted to be stored since they relate to the primary use of the land. Photos taken at the July 2019 site visit are contained within a confidential attachment (Attachment 2). The landowner requested that these photos do not become publicly available for security reasons. Triple Bottom Line Assessment Economic implications There are no known direct economic implications associated with this application.



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Social implications The development itself is not considered to have an impact on the social environment of the area as the off-site impacts are minimal. Environmental implications The storage of commercial vehicles and trailers in a closed-off area of a shed is not considered to have a notable impact on the environment as the activities do not entail any servicing or maintenance of the equipment and/or vehicles. Officer Comment/Details The matter at hand is to determine whether the storage of the commercial vehicles and trailers within a shed on Lot 38 constitutes an ‘incidental’ activity or not. If it is determined that the activity is incidental to the predominant use of the land, the activity can continue to occur without any approvals necessary. If the activities are not regarded as incidental, Council’s refusal of the application will likely continue to be contested and subsequently resolved through the SAT. As evidenced by this report, an incidental activity must have a relationship, or some connection with a predominant land use activity for it to be classified as ‘incidental’. The storage of vehicles and trailers associated with a commercial business (Drillwest) cannot be regarded as having any association, or connection with the farming activities, or residential use that occur on Lot 38. On this basis, Shire officers are not in support of the written request from the applicant. It is therefore recommended that Council determines the storage of commercial vehicles and trailers as not incidental to any predominant land use on Lot 38, and that the storage of commercial vehicles and trailers requires development approval in its own right. Applicant Alternative The above officer recommendation has been conveyed to the applicant prior to the publishing of the Council Meeting agenda to which the applicant provided further correspondence. It was requested by the applicant that if Council determine the storage activities not to be incidental, that Council grant the landowner a period of five years to have the items removed from the property. The applicant’s basis for the five year time period was to enable the planning for the MIP to ‘sufficiently progress’, and for a suitable property to become available and developed to enable relocating of the items. The applicant’s request for this time period is provided as an attachment to this report (Attachment 3). Shire officers consider the timeframe of five years is excessive for the items to be relocated. This matter has already extended beyond 12 months since the initial site visit was conducted by the Shire. Furthermore, Council resolved in February 2019 that the non-rural vehicles were to be removed within three months of that resolution. This directive has not been complied with however, it is reasonable to postpone any compliance action until the SAT appeal has been resolved. In response to the applicant’s reasons for such, it is not a concern of the Shire, nor a matter to debate whether or not there is available land, within or outside of the Chittering Shire, for the items to be relocated. The matter to be deliberated and determined is whether they can be permitted or not, on Lot 38.



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Ordinarily, an additional request of this nature would not be considered within the same Council report and would ideally follow a direction of SAT that may refuse the contested application. For example, a timeframe to remove unauthorised items may occur once a determination (from SAT) has been made that the items are in fact, unauthorised and cannot be approved. However, given the requirement for both the Shire and the applicant to attend a further directions hearing on 25 October 2019, and the length of time a complete SAT appeal usually takes, it may be something that Council considers in an effort to reach a conclusion to the matter. Council may, as a separate resolution to the primary matter, determine a suitable timeframe for which the vehicles and trailers are to be relocated from Lot 38. If a resolution of this nature was made, it would need to supersede the resolution made at the Ordinary Meeting of 20 February 2019 which gave the landowner three months to remove the items. Council should be aware that any agreeance to a timeframe to remove the items would not preclude the applicant’s right to continue contesting the original application to store the items permanently. It also does not preclude the applicant’s right to appeal any further decisions made by Council including a revised timeframe for the items to be removed. The above has not formed part of the formal officer recommended resolution as it is a separate issue to the primary matter at hand.

OFFICER RECOMMENDATION Moved Cr Tilbury / Seconded Cr Gibson That Council: 1. Determines the storage of commercial vehicles and trailers within a 660m² portion of a shed on Lot

38 Great Northern Highway, Chittering to not be ‘incidental’ to the predominant agricultural and residential use of the land, and therefore not permissible.

2. Advises the State Administrative Tribunal of Condition 1, above.

AMENDMENT Moved Cr Tilbury / Seconded Cr King That the Recommendation be amended by adding the following Condition 3 and 4: 3. Advises the landowner of Lot 38 Great Northern Highway, Chittering that all commercial vehicles,

trailers, equipment and plant being stored in a shed on the lot not associated with the agricultural or residential activities on Lot 38 Great Northern Highway, Chittering shall be removed from the property within three years of this Resolution.

4. Amends Condition 2 of Council Resolution 130219 to read:

Advises the landowner of Lot 38 Great Northern Highway, Chittering that all equipment/plant and vehicles not associated with the agricultural or residential activities on Lot 38 Great Northern Highway, Chittering shall be removed from the property within three years from 16 October 2019.



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Cr Tilbury provided the following reasons: This matter has been ongoing for more than a year, includes appearances before the State Administrative Tribunal and now needs to be resolved. All previous Council decisions were appropriate in the circumstances and comply with existing legislation. Having considered this matter holistically, the current stance should be maintained. However, taking into account the submission from the applicant, it is appropriate and reasonable in the circumstances to make a concession in relation to the timing for non-conforming property to be removed. It is for this reason that I propose the amendment, which enables a compromise that should be acceptable to all parties, without creating a precedent.

MOTION / COUNCIL RESOLUTION 051019 Moved Cr Gibson / Seconded Cr King That Council suspend Local Government (Council Meetings) Local Law 2014, Part 8 – Conduct of Members to allow for free and open debate

CARRIED 7/0 7:20PM

MOTION / COUNCIL RESOLUTION 061019 Moved Cr Ross / Seconded Cr Osborn That Council resume the meeting in accordance with Local Government (Council Meetings) Local Law 2014, Part 8 – Conduct of Members.

CARRIED 7/0 7:25PM

AMENDMENT Moved Cr Tilbury / Seconded Cr King That the Recommendation be amended by adding the following Condition 3 and 4: 3. Advises the landowner of Lot 38 Great Northern Highway, Chittering that all commercial vehicles,



‘Advises the landowner of Lot 38 Great Northern Highway, Chittering that all equipment/plant and vehicles not associated with the agricultural or residential activities on Lot 38 Great Northern Highway, Chittering shall be removed from the property within three years from 16 October 2019.’

AMENDMENT CARRIED 6/1 CR ANGUS VOTED AGAINST

7:26PM



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AMENDMENT Moved Cr Houston / Seconded Cr Ross That the Recommendation be amended by adding the following Condition 5: 5. No additional commercial vehicles and trailers or items of a similar nature to 1, above, and that

are not related to the predominant land uses of agriculture and single house are to be stored or used at the property.

AMENDMENT CARRIED 4/3 CRS ANGUS, KING AND GIBSON VOTED AGAINST

7:32PM

SUBSTANTIVE MOTION / COUNCIL RESOLUTION 071019 Moved Cr Tilbury / Seconded Cr Gibson That Council: 1. Determines the storage of commercial vehicles and trailers within a 660m² portion of a shed on

Lot 38 Great Northern Highway, Chittering to not be ‘incidental’ to the predominant agricultural and residential use of the land, and therefore not permissible.

2. Advises the State Administrative Tribunal of Condition 1, above. 3. Advises the landowner of Lot 38 Great Northern Highway, Chittering that all commercial vehicles,



‘Advises the landowner of Lot 38 Great Northern Highway, Chittering that all equipment/plant and vehicles not associated with the agricultural or residential activities on Lot 38 Great Northern Highway, Chittering shall be removed from the property within three years from 16 October 2019.’

5. No additional commercial vehicles and trailers or items of a similar nature to 1, above, and that

are not related to the predominant land uses of agriculture and single house are to be stored or used at the property.

SUBSTANTIVE CARRIED 5/2 CRS ANGUS AND GIBSON VOTED AGAINST

7:33PM



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9.1.3 Amendment to Development Approval - Earthworks within Landscape Protection Area: Lot 103

(RN 186) Kay Road, Bindoon

Applicant Rowe Group (On behalf of Mr. David Prosser) File ref A1543 Prepared by Principal Planning Officer Supervised by Executive Manager Development Services Disclosure of interest Nil Voting requirements Simple Majority Attachments 1. Applicant’s request for timeframe extension Executive Summary Council is to consider a request to amend a condition of development approval issued for the earthworks on Lot 103 (RN 186) Kay Road, Bindoon. The condition requires the submission of a drainage plan within 30 days of Council’s approval, and implementation of that Plan within 60 days of Council’s approval. The timeframe for compliance with the condition is requested to be extended. IMAGE 1: Location Plan



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Background At its meeting held 21 August 2019, Council resolved the following:

That Council: 1. Grants Development Approval for earthworks on Lot 103 (RN186) Kay Road, Bindoon subject to the

following conditions: 1. All development shall be in accordance with the approved Development Plans. 2. A Landscaping Plan shall be submitted to and approved in writing by the Shire within three

months of this approval. The Landscaping Plan shall detail the planting of vegetation adjacent to the areas subject to the earthworks and shall provide visual relief of the development from Kay Road and neighbouring properties.

3. The approved Landscaping Plan shall be implemented within six months of this approval to the satisfaction of the Shire, and maintained in perpetuity.

4. A Drainage Plan, prepared by a suitably qualified engineer, shall be submitted to and approved by the Shire for the management of stormwater on-site within 30 days of the approval. Any additional drainage infrastructure and existing drainage infrastructure as required by the approved Drainage Plan shall be installed in accordance with the approved Drainage Plan within 60 days of this approval to the satisfaction of the Shire.

5. Drainage infrastructure within the Kay Road reserve adjacent to Lot 103 Kay Road, Bindoon shall be upgraded at the full cost of the proponent within 60 days of this approval to the specifications and satisfaction of the Shire.

6. Stormwater from the proposed development shall be contained on site in accordance with the approved Drainage Plan to the satisfaction of the Shire.

7. All crossovers to the property shall be constructed in accordance with Shire specifications to the satisfaction of the Shire, prior to the use of the proposed development.

8. All earthworks shall be suitably stabilised within Lot 103 Kay Road, Bindoon to avoid undermining the land of adjoining properties and Kay Road reserve to the satisfaction of the Shire.

2. Recognises that earthworks conducted on Lot 103 Kay Road, Bindoon have encroached onto Lot

104 Kay Road, Bindoon; however, has received legal advice that it does not possess the legal authority to affect any remediation, as this is a civil matter.

Advice Note That the applicant be advised that any effects of any remedial works on adjacent properties alters the approved development on Lot 103, an amendment to this development approval may be required under the Planning and Development (Local Planning Schemes) Regulations 2015.

A request has been received from Rowe Group (applicant), on behalf of the landowner, for the timeframes of Condition (d) to be reconsidered. The timeframes within Condition (d) above, require that a Drainage Plan was presented to the Shire by 20 September 2019, and implemented by 20 October 2019. The applicant has contacted Shire staff expressing difficulty with their originally contracted hydraulic engineer. The applicant has suggested that whist this engineer was engaged during the development applicant stage, they are now experiencing delays which have not allowed for the timeframes of Condition (d) to be adhered to. The applicant has indicated that quotes are being sought from two alternate engineering consultants, with an expectation to engage a new consultant by 9 October and have the Drainage Plan prepared for the Shire by the end of 6 November 2019. In addition, this would extend the Drainage Plan implementation timeframe for a further 60 days (5 January 2020) beyond approval of the Drainage Plan.



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The formal request from the applicant, including justification has been included as an attachment to this report (Attachment 1). Consultation/Communication Implications Local No consultation to any surrounding landowners was undertaken as this application to amend a condition of Development Approval does not impact on the ultimate development itself, only the timing of the conditions to be imposed. It was not considered that the timing of the Condition (d) to be imposed would have any impact on the surrounding landowners, considering the timing extension is minimal, unlikely to cause significant impacts to the existing landscape and extends closer to the summer period where rainfall is typically less frequent. State Nil Legislative Implications State • Planning and Development (Local Planning Schemes) Regulations 2015

Schedule 2, Part 9, Clause 77 of the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations) states the following: (1) An owner of land in respect of which development approval has been granted by the local

government may make an application to the local government requesting the local government to do any or all of the following–

…… (b) to amend or delete any condition to which the approval is subject.

The above gives the local government the discretionary power to make an amendment to a condition Development Approval. Further to the above, Clause 77 (3) states: (3) Despite subclause (2), the local government may waive or vary a requirement in Part 8 or

this Part in respect of an application if the local government is satisfied that the application relates to a minor amendment to the development approval.

The above gives the local government the discretionary power to not re-advertise a proposal if it considers that the proposed amendment to a Development Approval is of a minor nature. It is considered that the proposed amendment to the timeframes of Condition (d) is a minor change, which will neither impact the development’s ultimate form, nor have impact on the surrounding area. As such advertising of this proposed amendment is not warranted.

Local Nil



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Policy Implications State Nil Local Nil Financial Implications Failure to undertake the full, engineered drainage works within the specified timeframe may cause damage to the road reserve area, in the event of a significant rainfall event. This could cause the diversion of Shire funds to repair the road reserve. However, through Condition (e), the road reserve is required to be upgraded which should alleviate the risk of further damage occurring to Kay Road. Strategic Implications State Nil Local Nil Site Inspection Several site inspections were undertaken as part of the assessment process of the original application. A further inspection of the site on 1 October 2019 indicated that the erosional impacts that were once caused by the earthworks, appear to have ceased. It was apparent that further rock pitching in the drainage swales have occurred which mitigates the impacts of water erosion. Triple Bottom Line Assessment Economic implications There are no known economic implications associated with this proposal.

Social implications There are no known social implications associated with this proposal.

Environmental implications The requirement for a Drainage Plan to be prepared by a suitably qualified engineer and implemented was to ensure that the development does not have undue impact on the adjoining road reserve and adjoining properties. The Plan is to demonstrate that a suitable amount of stormwater will be contained on-site and the any potential erosional impacts will be suitably mitigated. It is considered that the urgency for the development and implementation for such a plan is reduced, the closer the summer season gets.



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Officer Comment/Details The Shire needs to ensure that timeframes established for conditions of development approval are not regularly amended, unless reasonable justification is provided, as they are designed to achieve a particular planning outcome within a reasonable amount of time. The purpose of the timeframes within Condition (d) were partly due to the retrospective nature of the development, and to ensure stormwater impacts from the development do not adversely impact the Shire’s road reserve (Kay Road) and neighbouring properties. It is noted that the month of September in 2019 was unseasonably dry which is fortuitous in the context of the development, as no further erosional impacts have been experienced during its construction. This may also be attributed to the permitted rock pitching that has occurred throughout the currently constructed drainage swales within the property, and the light coverage of grass that has emerged throughout the development area. The applicant’s compliance with Condition (d) of the Development Approval is subject to reliance on a third party engineering firm. It is considered that the applicant has endeavoured to comply with the timeframes of the condition, however the originally engaged engineering consultant has not allowed this to occur. It is also noted that the applicant has been in regular contact with Shire staff regarding achieving compliance with the various conditions of the development approval (i.e. details of landscaping plan have been submitted to the Shire). It is considered that the reasons for the request to amend Condition (d) of the Development approval is reasonable, and the impact of the extended timeframe is negligible given its encroachment upon the drier summer months. It is on this basis, that officers recommend that the request be approved. In addition, the wording for Condition (d) has been modified to provide clarity around the time for the Drainage Plan to be implemented, as there was a level of ambiguity in the current wording. The current wording referred to implementing the Plan within 60 days of ‘this approval’. This created confusion for the applicant as to whether ‘this approval’ referred to approval of the Drainage Plan, or approval of the development. The recommended modified wording changes this to a specified date (5th January 2020) to avoid any future confusion. As a matter of procedure and to remove ambiguity in record keeping for both the applicant and the Shire, the officer resolution is formed in a way that re-issues the entire development approval, and repeals that previous version issued by Council at its August 2019 meeting.



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OFFICER RECOMMENDATION Moved Cr Osborn / Seconded Cr Angus That Council amends the Development Approval for earthworks on Lot 103 (RN 186) Kay Road, Bindoon subject to the following conditions: 1. All development shall be in accordance with the approved development plans; 2. A Landscaping Plan shall be submitted to and approved in writing by the Shire within three months

of this approval. The Landscaping Plan shall detail the planting of vegetation adjacent to the areas subject to the earthworks and shall provide visual relief of the development from Kay Road;

3. The approved Landscaping Plan shall be implemented by 31 August 2020 of this approval to the

satisfaction of the Shire, and maintained in perpetuity; 4. A Drainage Plan, prepared by a suitably qualified engineer, shall be submitted to the Shire by 7

November 2019 and approved by the Shire for the management of stormwater on-site. Any additional drainage infrastructure as required by the approved Drainage Plan shall be installed in accordance with the approved Drainage Plan by 5 January 2020 to the satisfaction of the Shire;

5. Drainage infrastructure within the Kay Road reserve adjacent to Lot 103 Kay Road, Bindoon shall be

upgraded at the full cost of the proponent within 60 days of this approval to the specifications and satisfaction of the Shire;

6. Stormwater from the proposed development shall be contained on site in accordance with the

approved Drainage Plan to the satisfaction of the Shire; 7. All crossovers to the property shall be constructed in accordance with Shire specifications to the

satisfaction of the Shire, prior to the use of the proposed development; 8. All earthworks shall be suitably stabilised within Lot 103 Kay Road, Bindoon to avoid undermining

the land of adjoining properties and Kay Road reserve to the satisfaction of the Shire; and 9. This approval supersedes the development approval for earthworks on Lot 103 Kay Road, Bindoon

issued by Council at its meeting of 21 August 2019.

AMENDMENT Moved Cr Gibson / Seconded Cr King That the following Condition 10 be added to the recommendation:

10. That all earthworks that encroach on neighbours land be removed or mutually agreed compensation paid within three months.

Cr Gibson provided the following reasons: This has been a poorly handled business. This is a very uneven situation as that neighbour has more money.



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MOTION / COUNCIL RESOLUTION 081019 Moved Cr King / Seconded Cr Angus That Council suspend Local Government (Council Meetings) Local Law 2014, Part 8 – Conduct of Members to allow for free and open debate.

CARRIED 6/1 7:40PM

MOTION / COUNCIL RESOLUTION 091019 Moved Cr King / Seconded Cr Osborn That Council resume the meeting in accordance with Local Government (Council Meetings) Local Law 2014, Part 8 – Conduct of Members.

CARRIED 7/0 7:53PM

With the agreement of the Mover and Seconder, the Amendment was changed to read as follows:

AMENDMENT Moved Cr Gibson / Seconded Cr King That the Recommendation be amended so that a new Condition 2 be added and therefore Condition 1 be renumbered to 1.a., 1.b., 1.c., etc: 2. notes the impact of the already completed earthworks on a neighbouring property and expects

that adequate follow-up be undertaken by the proponent to rectify the damage or provide compensation.

AMENDMENT CARRIED 6/1 CR TILBURY VOTED AGAINST

8:01PM

MOTION / COUNCIL RESOLUTION 101019 Moved Cr King / Seconded Cr Tilbury That Council suspend Local Government (Council Meetings) Local Law 2014, Part 8 – Conduct of Members to allow for free and open debate.

CARRIED 7/0 8:04PM

MOTION / COUNCIL RESOLUTION 111019 Moved Cr Ross / Seconded Cr Osborn That Council resume the meeting in accordance with Local Government (Council Meetings) Local Law 2014, Part 8 – Conduct of Members.

CARRIED 7/0 8:09PM



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SUBSTANTIVE MOTION / COUNCIL RESOLUTION 121019 That Council: 1. amends the Development Approval for earthworks on Lot 103 (RN 186) Kay Road, Bindoon subject

to the following conditions: a. All development shall be in accordance with the approved development plans; b. A Landscaping Plan shall be submitted to and approved in writing by the Shire within three

months of this approval. The Landscaping Plan shall detail the planting of vegetation adjacent to the areas subject to the earthworks and shall provide visual relief of the development from Kay Road;

c. The approved Landscaping Plan shall be implemented within six months 31 August 2020 of this approval to the satisfaction of the Shire, and maintained in perpetuity;

d. A Drainage Plan, prepared by a suitably qualified engineer, shall be submitted to the Shire by 7 November 2019 and approved by the Shire for the management of stormwater on-site. Any additional drainage infrastructure as required by the approved Drainage Plan shall be installed in accordance with the approved Drainage Plan by 5 January 2020 to the satisfaction of the Shire;

e. Drainage infrastructure within the Kay Road reserve adjacent to Lot 103 Kay Road, Bindoon shall be upgraded at the full cost of the proponent within 60 days of this approval to the specifications and satisfaction of the Shire;

f. Stormwater from the proposed development shall be contained on site in accordance with the approved Drainage Plan to the satisfaction of the Shire;

g. All crossovers to the property shall be constructed in accordance with Shire specifications to the satisfaction of the Shire, prior to the use of the proposed development;

h. All earthworks shall be suitably stabilised within Lot 103 Kay Road, Bindoon to avoid undermining the land of adjoining properties and Kay Road reserve to the satisfaction of the Shire; and

i. This approval supersedes the development approval for earthworks on Lot 103 Kay Road, Bindoon issued by Council at its meeting of 21 August 2019.

2. Notes the impact of the already completed earthworks on a neighbouring property and encourages

the proponent to undertake adequate follow-up to rectify the damage or provide compensation.

SUBSTANTIVE CARRIED 7/0 8:13PM



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9.2 TECHNICAL SERVICES

9.2.1 Wheatbelt Secondary Freight Network Program: Formalisation of Commitment

Applicant Wheatbelt Regional Road Groups North and South File ref 28/10/0001 Prepared by Executive Assistant Supervised by Executive Manager Technical Services Disclosure of interest Nil Voting requirements Simple Majority Attachments 1. Project Governance Plan

2. Program Delivery Plan 3. Multi-Criteria Analysis 4. WSFN Map – March 2019

Executive Summary 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 1; • Program Delivery Plan as Attachment 2; • Multi Criteria Analysis as Attachment 3; and • WSFN Map – March 2019 as Attachment 4. Background 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 four distinct Stages, subject to ongoing commitment and funding from the other tiers of Government. As an overview, all 42 Local Governments within the Wheatbelt Region have worked collaboratively for over the past four 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 1 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.

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



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Data Set Description 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 three to five year period depending upon the Commonwealth Government’s requirements. For this current financial year the WSFN Committee has identified two 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

o Shire of Victoria Plains Lancelin to Meckering Route Mogumber - Yarawindah Road Project value $1M

• Wheatbelt South Regional Road Group

o 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: o Scope; o Budget; o Methodology; and o Delivery.

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



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Consultation/Communication Implications Local Not applicable State Wheatbelt Secondary Freight Network Steering Committee Legislative Implications State 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. Local 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. Policy Implications State This are no policy implications for Council at this stage. Local 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%. Strategic Implications Local • Strategic Community Plan 2017-2027

Focus area: Our built environment Objective: S3.2 Safe access Strategy: S3.2.3 Improve road safety options

Objective: S3.3 Improved infrastructure and amenities Strategy: S3.3.1 Improve asset management across all asset classes



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Focus area: Strong leadership Objective: S5.2 Strong partnerships and relationships Strategy: S5.2.1 Build effective partnerships with stakeholders

Objective: S5.3 Accountable governance Strategy: S5.3.1 Good governance which supports efficient and effective service delivery

State Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal.

Social implications There are no known significant social implications associated with this proposal.

Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details To date, Council has demonstrated its commitment to this project that has involved a resolution of such at its June 2019 with the allocation of the $6,000 as a small contribution. Initially, this fund was pledged as contribution support the Building Better Regions grant application but has shifted to be a contribution to the project management costs. With the Council’s $6,000 contribution having been previously pledged to the WSFN project, and the success by the Working Group in securing the $70M in Commonwealth funding for Stage 1 and $100,000 from the State Government for project management, it is reasonable that all 42 local governments continue to demonstrate their commitment to the project. In endorsing the Recommendation for the WSFN Committee under the auspice of the Regional Road Group it demonstrates the Council is 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.



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9.2.1 RECOMMENDATION / COUNCIL RESOLUTION 131019 Moved Cr Osborn / Seconded Cr Ross That Council: 1. Formalise its commitment to the program, the Wheatbelt Secondary Freight Network (WSFN)

Program enabling it to be eligible for future funding and project consideration; 2. Receives the following WSFN Program documents which outline how the WSFN Steering

Committee propose to administer the WSFN Program: a. Program Governance Plan; b. Program Delivery Plan; and c. Multi-Criteria Analysis Methodology.

3. Endorses 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 within the program Governance Plan.

CARRIED 7/0 8:14PM



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9.3 CORPORATE SERVICES

9.3.1 Monthly Financial Report for the Period Ending 31 July 2019

Applicant Shire of Chittering File ref 12/03/4 Prepared by Finance Officer Accounts Supervised by Executive Manager Corporate Services Disclosure of interest Nil Voting requirements Simple Majority Attachments 1. Monthly Financial Report for period ending 31 July 2019 Executive Summary Council is requested to receive the Monthly Financial Report (containing the Statement of Financial Activity) for the period ending 31 July 2019. Background In accordance with Local Government (Financial Management), Regulation 34(1), local governments are required to prepare, each month, a statement of financial activity reporting on revenue and expenditure for the month in question. The statement of financial activity is to be presented at an Ordinary Meeting of Council within two months after the end of the month to which the statement relates. Consultation/Communication Implications Local Executive Manager Corporate Services State Nil Legislative Implications State • Local Government Act 1995 • Local Government (Financial Management) Regulations Local Nil Policy Implications Nil Financial Implications Nil



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Strategic Implications Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal. Social implications There are no known significant social implications associated with this proposal. Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details The attached “Monthly Financial Report for period ending 31 July 2019” is presented to Council for endorsement.

9.3.1 RECOMMENDATION / COUNCIL RESOLUTION 141019 Moved Cr Osborn / Seconded Cr Angus That Council receives the Monthly Financial Report for period ending 31 July 2019 as per Attachment 1.

CARRIED 7/0 8:14PM



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9.3.2 List of Accounts Paid for the period ending 30 September 2019

Applicant Shire of Chittering File ref 12/03/4 Prepared by Finance Officer - Accounts Supervised by Executive Manager Corporate Services Disclosure of interest Nil Voting requirements Simple Majority Attachments 1. List of Accounts Paid as at 30 September 2019 Executive Summary Council is requested to endorse payments presented in the List of Accounts Paid for the period ending 30 September 2019. Background Pursuant to Local Government Act 1995 Section 6.8 (2)(b), where expenditure has been incurred by a local government, it is to be reported to the next ordinary meeting of Council. Consultation/Communication Implications Local Executive Manager Corporate Services State Nil Legislative Implications State • Local Government Act 1995 • Local Government (Financial Management) Regulations Local Nil Policy Implications State Nil Local Nil Financial Implications All expenditure has been approved via adoption of the 2019/20 Annual Budget, or resulting from a Council resolution for a budget amendment.



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Strategic Implications State Nil Local Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal. Social implications There are no known significant social implications associated with this proposal. Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details The attached “List of Accounts Paid as at 30 September 2019” is presented to Council for endorsement.

9.3.2 RECOMMENDATION / COUNCIL RESOLUTION 151019 Moved Cr Tilbury / Seconded Cr Gibson That Council endorses the following List of Accounts Paid as per Attachment 1 totalling $757,048.40 for the period ending 30 September 2019: 1. PR5104, PR5142; 2. EFT18632 – EFT18823; 3. Direct Debits and Transfers as listed; and 4. Trust Fund payments as listed.

CARRIED 7/0 8:17PM



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9.4 CHIEF EXECUTIVE OFFICER

9.4.1 Consultation on Proposed Code of Conduct and CEO Standards

Applicant Department of Local Government, Sport and Cultural Industries File ref 13/03/6 Prepared by Executive Assistant Supervised by Chief Executive Officer Disclosure of interest Nil Voting requirements Simple Majority Attachments 1. ‘draft’ Code of Conduct and accompanying guidelines

2. ‘draft’ CEO Standards and accompanying guidelines Executive Summary Council is requested to provide feedback to the Department of Local Government to form part of the submission to Parliament. Background On 27 June 2019 the Local Government Legislation Amendment Act 2019 was passed in Parliament. The Act includes a requirement for the introduction of: • A mandatory code of conduct for council members, committee members and candidates (Code of

Conduct); and • Mandatory minimum standards covering the recruitment, selection, performance review and early

termination of local government Chief Executive Officers (CEO Standards). The Department is now seeking feedback on the ‘draft’ Code of Conduct (Attachment 1) and ‘draft’ CEO Standards (Attachment 2) and accompanying guidelines. ‘draft’ Code of Conduct As part of the McGowan Government’s commitment to transforming local government in WA, the Local Government Legislation Amendment Act 2019 introduces a mandatory code of conduct for council members, committee members and candidates. These reforms are intended to ensure that standards of behaviour are consistent between local governments and address community expectations. This document outlines the proposed Code, which will inform the drafting of regulations. This is contained in the grey boxes. The accompanying guidelines provide clarification and guidance in relation to compliance and enforcement of the Code and would be available on the Department’s website. The purpose of this Code of Conduct (Code) is to guide the decisions, actions and behaviours of council members, committee members and candidates running for election. As an elected representative, council members govern the affairs and are responsible for the performance of their local government. To do this, council members must demonstrate professional and ethical behaviour to build and strengthen trust in their communities.



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A person who has nominated to be a council member is also required to demonstrate professional and ethical behaviour during the election campaign. In addition to carrying out the duties outlined in the Local Government Act 1995, council members and committee members must comply with the provisions in this Code of Conduct in carrying out their functions as public officials. It is the responsibility of council members, committee members and candidates to ensure that they are familiar with, and comply with, this Code at all times. ‘draft’ CEO Standards As part of the McGowan Government’s commitment to transforming local government in WA, the Local Government Legislation Amendment Act 2019 includes a requirement for model standards covering the recruitment and selection, performance review and early termination of local government Chief Executive Officers (CEOs). These reforms are intended to ensure best practice and greater consistency in these processes among local governments. This document outlines proposed mandatory minimum standards. These standards will inform the drafting of regulations. The accompanying guidelines outline the recommended practice for local governments in undertaking these processes. The guidelines will assist local governments in meeting the proposed standards and will not form part of the legislative framework. One of the fundamental roles of the council is the employment of the local government’s CEO. The CEO is responsible for implementing the council’s strategic vision and leading the local government administration. A local government must select a CEO in accordance with the principles of merit, equity and transparency. A local government must not exercise nepotism, bias or patronage in exercising its powers. Additionally, a local government must not unlawfully discriminate against applicants. Section 5.40 of the Local Government Act 1995 (Act) lists a number of general principles of employment that apply to local governments. Consultation/Communication Implications Local Elected Members State Public Sector Commission Ombudsman WALGA LG Professionals WA Legislative Implications State • Local Government Legislation Amendment Act 2019

5.39A. Model standards for CEO recruitment, performance and termination (1) Regulations must prescribe model standards for local governments in relation to the

following— (a) the recruitment of CEOs; (b) the review of the performance of CEOs; (c) the termination of the employment of CEOs.

(2) Regulations may amend the model standards.



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5.39B. Adoption of model standards (1) In this section—

model standards means the model standards prescribed under section 5.39A(1). (2) Within 3 months after the day on which regulations prescribing the model standards come into

operation, a local government must prepare and adopt* standards to be observed by the local government that incorporate the model standards. * Absolute majority required.

(3) Within 3 months after the day on which regulations amending the model standards come into operation, the local government must amend* the adopted standards to incorporate the amendments made to the model standards. * Absolute majority required.

(4) A local government may include in the adopted standards provisions that are in addition to the model standards, but any additional provisions are of no effect to the extent that they are inconsistent with the model standards.

(5) The model standards are taken to be a local government’s adopted standards until the local government adopts standards under this section.

(6) The CEO must publish an up-to-date version of the adopted standards on the local government’s official website.

(7) Regulations may provide for— (a) the monitoring of compliance with adopted standards; and (b) the way in which contraventions of adopted standards are to be dealt with.

5.39C. Policy for temporary employment or appointment of CEO (1) A local government must prepare and adopt* a policy that sets out the process to be followed

by the local government in relation to the following— (a) the employment of a person in the position of CEO for a term not exceeding 1 year; (b) the appointment of an employee to act in the position of CEO for a term not exceeding 1

year. * Absolute majority required.

(2) A local government may amend* the policy. * Absolute majority required.

(3) When preparing the policy or an amendment to the policy, the local government must comply with any prescribed requirements relating to the form or content of a policy under this section.

(4) The CEO must publish an up-to-date version of the policy on the local government’s official website.

5.103. Model code of conduct for council members, committee members and candidates (1) Regulations must prescribe a model code of conduct for council members, committee members

and candidates. (2) The model code of conduct must include—

(a) general principles to guide behaviour; and (b) requirements relating to behaviour; and (c) provisions specified to be rules of conduct.

(3) The model code of conduct may include provisions about how the following are to be dealt with— (a) alleged breaches of the requirements referred to in subsection (2)(b); (b) alleged breaches of the rules of conduct by committee members.

(4) The model code of conduct cannot include a rule of conduct if contravention of the rule would, in addition to being a minor breach under section 5.105(1)(a), also be a serious breach under section 5.105(3).



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(5) Regulations may amend the model code of conduct. 5.104. Adoption of model code of conduct (1) Within 3 months after the day on which regulations prescribing the model code come into

operation, a local government must prepare and adopt* a code of conduct to be observed by council members, committee members and candidates that incorporates the model code. * Absolute majority required.

(2) Within 3 months after the day on which regulations amending the model code come into operation, the local government must amend* the adopted code of conduct to incorporate the amendments made to the model code. * Absolute majority required.

(3) A local government may include in the adopted code of conduct requirements in addition to the requirements referred to in section 5.103(2)(b), but any additional requirements— (a) can only be expressed to apply to council members or committee members; and (b) are of no effect to the extent that they are inconsistent with the model code.

(4) A local government cannot include in the adopted code of conduct provisions in addition to the principles referred to in section 5.103(2)(a) or the rules of conduct.

(5) The model code is taken to be a local government’s adopted code of conduct until the local government adopts a code of conduct.

(6) An alleged breach of a local government’s adopted code of conduct by a candidate cannot be dealt with under this Division or the adopted code of conduct unless the candidate has been elected as a council member.

(7) The CEO must publish an up-to-date version of a local government’s adopted code of conduct on the local government’s official website.

Local Nil Policy Implications State Nil Local • Staff Policy 3.14 Appointment of an Acting Chief Executive Officer

The objective of this policy is ‘To provide guidelines for the appointment of an Acting Chief Executive Officer in the absence of the Chief Executive Officer due to annual, long service or extended sick leave’.

• Elected Member Policy 4.1 Code of Conduct – Elected Members The objective of this policy is to provide ‘Elected Members of the Shire of Chittering with consistent guidelines for an acceptable standard of professional conduct. The Code addresses in a concise manner the broader issues of ethical responsibility and encourages greater transparency and accountability’.

Financial Implications Nil



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Strategic Implications Local • Strategic Community Plan 2017-2027

Focus area: Strong leadership Objective: S5.3 Accountable governance Strategy: S5.3.1 Good governance which supports efficient and effective service delivery

State Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal.

Social implications There are no known significant social implications associated with this proposal.

Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details The Local Government Legislation Amendment Act 2019 will introduce new requirements in relation to Codes of Conduct (Sections 5.102A, 5.103 and 5.104) and CEO recruitment, performance and termination (Sections 5.39A and 5.39B). The deadline for submissions is 6 December 2019.

9.4.1 RECOMMENDATION / COUNCIL RESOLUTION 161019 Moved Cr King / Seconded Cr Gibson That Council schedule a workshop for Wednesday 20 November 2019 to allow the survey to be discussed in an informal format.

CARRIED 7/0 8:17PM



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9.4.2 Review of Chief Executive Officer Performance Criteria

Applicant Matthew Gilfellon File ref 22/10/153 Prepared by Chief Executive Officer Supervised by Not applicable Disclosure of interest Impartiality Interest – Matthew Gilfellon is the CEO of the Chittering Shire,

who is the applicant of this report to Council Voting requirements Simple Majority Attachments 1. Performance Criteria as per CEO Contract

2. Draft Performance Criteria Executive Summary Council is requested to review the Performance Criteria of the CEO and agree with the CEO on Performance Criteria. Background Under Section 5.38 of the Local Government Act 1995, Council must review the performance of the CEO on an annual basis. In order to ensure the performance can be properly reviewed, it is normal to set Performance Criteria against which performance can be measured. Clause 5.4 Performance Criteria 5.4.1 The Performance Criteria which applies at the commencement of this contract is included as Attachment 1. These performance criteria may be varied and any other criteria may be included by agreement between the parties at any time during the balance of the term of this contract. Clause 5.4.2 The Performance Criteria referred to in Clause 5.4.1 will be reviewed by the parties within three months of the commencement of employment by the Chief Executive Officer and then at the end of each performance review. At the Ordinary Meeting of Council held on 18 September 2019, Council resolved the following:

9.4.3 PROCEDURAL MOTION / COUNCIL RESOLUTION 060919 Moved Cr King / Seconded Cr Gibson That in accordance with Local Government (Council Meetings) Local Law 2014, c11.1(b) debate be adjourned to the October Ordinary Meeting of Council to allow for Council to workshop the KPIs prior to the meeting.

CARRIED 7/0 7:36PM

Cr King provided the following reasons: That Council must mutually agree on the KPIs before adopting them, and therefore a workshop is required.

The Councillors Workshop was held on 8 October 2019 and the outcomes of this workshop have informed the revised KPIs is now provided in Attachment 2, which addresses the following changes identified at the workshop: • Inserting advocacy for aged care and health services into the KPIs; • Inserting weightings and changing the order of KPIs to show the level of performance; and • Inserting conditions and notes regarding performance to be clear on performance assessment.



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Consultation/Communication Implications Local Nil State Nil Legislative Implications State • Local Government Act 1995

5.38. Annual review of employees’ performance (1) A local government must review the performance of the CEO if the CEO is employed for a

term of more than 1 year. (2) The CEO must ensure that the performance of each other employee who is employed for

more than 1 year is reviewed. (3) A review under subsection (1) or (2) must be conducted at least once in relation to each

year of the person’s employment.

[Section 5.38 inserted: No. 16 of 2019 s.21.] Local Nil Policy Implications State Nil Local Nil Financial Implications Nil Strategic Implications The performance criteria set will determine the direction of the shire. It is important to ensure that the performance criteria aligns with the Strategic Plans that have been adopted by Council to ensure alignment between the strategic direction set by Council and what the administration will put the time and effort into. Site Inspection Not applicable



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Triple Bottom Line Assessment Economic implications There are no known economic implications in making the decision, but by setting the direction of the CEO and therefore the administration, there may be implications at a later point. Social implications There are no known social implications in making the decision, but by setting the direction of the CEO and therefore the administration, there may be implications at a later point.

Environmental implications There are no known environmental implications in making the decision, but by setting the direction of the CEO and therefore the administration, there may be implications at a later point. Officer Comment/Details There have been no significant changes from the Performance Criteria included in the CEO contract. Several projects were combined under the facilities masterplan as they are reliant on this process to progress. It would be impossible to include all strategies contained in integrated plans in the CEO Performance Criteria, some of the higher-level themes contained in the Strategic Community Plan that are not represented in the Performance Criteria are: • Strengthening Health Services; • Aged Services (with the exception of the Lifestyle Village); and • Environmental Protection. It is not necessary to include these themes in the Performance Criteria, this is merely an observation of where the Strategic Direction and CEO Performance Criteria may not align.

9.4.2 RECOMMENDATION / COUNCIL RESOLUTION 171019 Moved Cr Osborn / Seconded Cr Gibson That Council adopt the Chief Executive Officer Performance Criteria for the period to 30 June 2019 as per Attachment 2, Draft Performance Criteria.

CARRIED 7/0 8:17PM



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10. REPORTS OF COMMITTEES

10.1 Local Emergency Management Committee

10.1.1 Unconfirmed Minutes from 28 August 2019

Applicant Shire of Chittering File ref 09/02/1 Prepared by Executive Assistant Supervised by Chief Executive Officer Disclosure of interest Nil Voting requirements Simple Majority Attachments 1. Unconfirmed minutes from 28 August 2019 Executive Summary Council is requested to receive the unconfirmed minutes from the Chittering Local Emergency Management Committee meeting held on Wednesday 28 August 2019. Background In accordance with the Shire’s Council Committees and Advisory Group booklet, any recommendations that are carried are presented to the next available meeting of Council for consideration. At the meeting held on 28 August 2019 there were no formal recommendations presented. Consultation/Communication Implications Local Chittering Local Emergency Management Committee State Nil Legislative Implications State • Local Government Act 1995, s5.8

5.8. Establishment of committees A local government may establish* committees of 3 or more persons to assist the council and to exercise the powers and discharge the duties of the local government that can be delegated to committees.

* Absolute majority required



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• Emergency Management Act 2005, s38

38. Local emergency management committees (1) A local government is to establish one or more local emergency management

committees for the local government’s district. (2) If more than one local emergency management committee is established, the local

government is to specify the area in respect of which the committee is to exercise its functions.

(3) A local emergency management committee consists of— (a) a chairman and other members appointed by the relevant local government in

accordance with subsection (4); and (b) if the local emergency coordinator is not appointed as chairman of the committee,

the local emergency coordinator for the local government district. (4) Subject to this section, the constitution and procedures of a local emergency

management committee, and the terms and conditions of appointment of members, are to be determined by the SEMC.

Local Nil Policy Implications State • State Emergency Management Policy 2019

The State Emergency Management Policy (State EM Policy) provides a strategic framework for emergency management in Western Australia. The framework identifies the roles and responsibilities of Emergency Management Agencies (EMAs) and other public authorities and organisations for the management of adverse effects from emergencies across the four aspects of emergency management (EM) –– prevention, preparation, response and recovery (PPRR). The State EM Policy also describes the guiding principles and objectives for the prompt and coordinated organisation of EM for public authorities, industry, commerce and the community in order to support their EM planning and preparedness.

Local • Local Emergency Management Arrangements 2018

The aim of the Shire of Chittering Local Emergency Management Arrangements is to detail emergency management arrangements and ensure an understanding between agencies and stakeholders involved in managing emergencies within the Shire of Chittering.

Financial Implications Nil



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Strategic Implications Local • Strategic Community Plan 2017-2027

Focus area: Our community Objective: S1.2 Strong sense of community Strategy: S1.2.1 Actively support community, volunteer groups and networks

Objective: S1.3 A safe and healthy community Strategy: S1.3.1 Improve the safety of our community Focus area: Our natural environment Objective: S2.3 Protection of life and property Strategy: S2.3.1 Improve bushfire preparedness and recovery

State Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal. Social implications There are no known significant social implications associated with this proposal.

Environmental implications There are no known significant environmental implications associated with this proposal. Officer comment/details The next meeting of the Local Emergency Management Committee is scheduled for 27 November 2019. This meeting will be the first committee meeting following the local government elections, which are being conducted on 19 October 2019. Following the local government elections, Council will be required to appoint the Chair and Deputy to the Committee.

10.1.1 OFFICER/COMMITTEE RECOMMENDATION / COUNCIL RESOLUTION 181019 Moved Cr Tilbury / Seconded Cr Angus That Council receive the unconfirmed minutes from the Local Emergency Management Committee meeting held on 28 August 2019.

CARRIED 7/0 8:18PM



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11. MOTIONS, OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

12. QUESTIONS FROM MEMBERS WITHOUT NOTICE

Nil

13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING

Nil

MOTION / COUNCIL RESOLUTION 191019 Moved Cr Ross / Seconded Cr Osborn That Council suspend Local Government (Council Meetings) Local Law 2014, to allow for Mr Lee Martin to address Council.

CARRIED 7/0 8:18PM

Mr Lee Martin thanked the Chittering Shire Council for their support and services over the last years. Mr Martin expressed thanks to retiring Cr King who has done a good job and expressed disappointment that Cr King is not seeking re-election. Mr Martin also expressed thanks to Crs’ Tilbury, Houston and Angus for seeking re-election. Mr Martin then spoke to the matter of the Chief Executive Officer’s performance and review, and that he appears to tick all the boxes. Having a Chief Executive Officer who lives local with a family is a welcome addition to the community.

MOTION / COUNCIL RESOLUTION 201019 Moved Cr Ross / Seconded Cr Osborn That Council resume Local Government (Council Meetings) Local law 2014.

CARRIED 7/0 8:21PM



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14. MEETING CLOSED TO THE PUBLIC

14.1 Matters for which the meeting may be closed

MOTION / COUNCIL RESOLUTION 211019 Moved Cr King / Seconded Cr Tilbury That Council moves into a confidential session to discuss items:

14.1.1 ‘New Administration Policy 1.20 Reimbursement of Volunteers for Damaged Personal Equipment’;

14.1.2 ‘Contract for Bitumen RFQ 2019/20 - Supply and Lay of Bitumen and Aggregate’; and

14.1.3 ‘Contract for Cement Stabilising/Wet Mixing RFQ 2019/20)’; under the terms of the Local Government Act 1995, section 5.23(2)(b): (2) If a meeting is being held by a council or by a committee referred to in

subsection (1)(b), the council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following— (b) the personal affairs of any person; and (c) a contract entered into, or which may be entered into, by the local

government and which relates to a matter to be discussed at the meeting; and

(e) a matter that if disclosed, would reveal— (iii) information about the business, professional, commercial or

financial affairs of a person, where the trade secret or information is held by, or is about, a person other than the local government;

CARRIED 7/0 8:22PM



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14.1.1 New Administration Policy 1.20 Reimbursement of Volunteers for Damaged Personal

Equipment

Applicant Shire of Chittering File ref 04/03/1 Prepared by Executive Assistant Supervised by Chief Executive Officer Disclosure of interest Nil Voting requirements Simple Majority Attachments 1. Draft Administration Policy 1.20 Reimbursement of Volunteers for

Damaged Personal Equipment 2. Draft’ Administration Policy 1.20 Reimbursement of Volunteers for

Damaged Personal Equipment – updated 8 October 2019 Reason for confidentiality

Local Government Act 1995, Section 5.23(2)(b) Meetings generally open to public (2) If a meeting is being held by a council or by a committee referred to in subsection (1)(b),

the council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following— (b) the personal affairs of any person; and

14.1.2 Contract for Bitumen RFQ 2019/20 - Supply and Lay of Bitumen and Aggregate

Applicant Shire of Chittering File ref 04/19/23 Prepared by Executive Manager Technical Services Supervised by Chief Executive Officer Disclosure of interest Nil Voting requirements Absolute Majority Attachments 1. Evaluation Report – CONFIDENTIAL “NOT FOR PUBLIC DISCLOSURE” Reason for Confidentiality

Local Government Act 1995, Section 5.23(2)(c) and (e)(ii) Meetings generally open to public “(2) If a meeting is being held by a council or a committee, the council or committee may

close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following: (c) a contract entered into, or which may be entered into, by the local government

and which relates to a matter to be discussed at the meeting; and (e) a matter that if disclosed, would reveal—

(iii) information about the business, professional, commercial or financial affairs of a person,

where the trade secret or information is held by, or is about, a person other than the local government;



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14.1.3 Contract for Cement Stabilising/Wet Mixing RFQ 2019/20

Applicant Shire of Chittering File ref 04/19/23 Prepared by Executive Manager Technical Services Supervised by Chief Executive Officer Disclosure of interest Nil Voting requirements Absolute Majority Attachments 1. Evaluation Report – CONFIDENTIAL “NOT FOR PUBLIC DISCLOSURE” Reason for Confidentiality

Local Government Act 1995, Section 5.23(2)(c) and (e)(ii) Meetings generally open to public “(2) If a meeting is being held by a council or a committee, the council or committee may

close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following: (c) a contract entered into, or which may be entered into, by the local government

and which relates to a matter to be discussed at the meeting; and (e) a matter that if disclosed, would reveal—

(iii) Information about the business, professional, commercial or financial affairs of a person,

Where the trade secret or information is held by, or is about, a person other than the local government;

14.2 Public reading of resolution that may be made public

As no members of the general public returned to the meeting the Resolutions were not read aloud during the meeting.

14.1.1 RECOMMENDATION / COUNCIL RESOLUTION 231019 Moved Cr Gibson / Seconded Cr Osborn That Council endorse Administration Policy 1.20 Reimbursement of Volunteers for Damaged Personal Equipment, as per Attachment 2.

CARRIED 7/0 8:23PM

14.1.2 RECOMMENDATION / COUNCIL RESOLUTION 241019 Moved Cr Gibson / Seconded Cr Osborn That Council BY AN ABSOLUTE MAJORITY: 1. Note the Evaluation report; 2. Award the Contract for Bitumen RFQ 2019/20 - Supply & Lay of Bitumen and Aggregate to Fulton

Hogan Industries Pty Ltd for the sum of $318,705.00 and enter into a suitable contract with Fulton Hogan Industries Pty Ltd; and

3. Authorise the Chief Executive Officer to manage the Fulton Hogan Industries Pty Ltd contract,

including the provision of possible variations, providing the variation is necessary in order for the goods or services to be supplied.

CARRIED 7/0 8:24PM



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14.1.3 RECOMMENDATION / COUNCIL RESOLUTION 251019 Moved Cr Gibson / Seconded Cr Angus That Council BY AN ABSOLUTE MAJORITY: 1. Note the Evaluation report; 2. Award the Contract for Cement Stabilising/Wet Mixing RFQ 2019/20 - Supply full service; Wet

Mixing, to Stabilised Pavement Australia Pty Ltd for the sum of $170,431.00 and enter into a suitable contract; and

3. Authorise the Chief Executive Officer to manage the Stabilised Pavement Australia Pty Ltd

contract, including the provision of possible variations, providing the variation is necessary in order for the goods or services to be supplied.

CARRIED 7/0 8:24PM

15. CLOSURE

The Presiding Member declared the meeting closed at 8:25PM.

ordinary meeting of council - shire of chittering · staff matthew gilfellon chief executive...

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