ordinary meeting of council wednesday 21 august 2019 · minutes for ordinary meeting of council...

Ordinary Meeting of Council Wednesday 21 August 2019 Held at Council Chambers, 6177 Great Northern Highway, Bindoon Commencing at 7pm

TABLE OF CONTENTS

1. DECLARATION OF OPENING OF MEETING / ANNOUNCEMENTS OF VISITORS .............................. 1

2. RECORD OF ATTENDANCE / APOLOGIES / APPROVED LEAVE OF ABSENCE / ANNOUNCEMENTS ................................................................................................................... 1

2.1 Attendance ............................................................................................................................... 1 2.2 Apologies .................................................................................................................................. 1 2.3 Approved leave of absence ...................................................................................................... 1 2.4 Announcements ....................................................................................................................... 2

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

4. PUBLIC QUESTION TIME ........................................................................................................... 3

4.1 Response to previous public questions taken on notice.......................................................... 3 4.2 Public question time ................................................................................................................. 3

4.2.1 John Curtis, Bindoon .................................................................................................... 3 4.2.2 John Curtis, Bindoon (the following questions were asked on behalf of

Robert Pizzino, Bindoon) ............................................................................................. 4 4.2.3 Chris Waldie, Secretary Bindoon and Districts Historical Society and Secretary

Chittering Tourist Association ..................................................................................... 4 4.2.4 Dennis Boyanich, Bindoon ........................................................................................... 4

5. PRESENTATIONS / PETITIONS / DEPUTATIONS .......................................................................... 4

5.1 Petitions ................................................................................................................................... 4 5.1.1 New Petition Received ................................................................................................ 4

5.2 Presentations ........................................................................................................................... 5 5.3 Deputations .............................................................................................................................. 5

5.3.1 Item 9.1.1 “Retrospective Application for Development Approval: Earthworks within Landscape Protection Area – Lot 103 (RN186) Kay Road, Bindoon” ...................................................................................................................... 5

5.3.2 Item 9.1.1 “Retrospective Application for Development Approval: Earthworks within Landscape Protection Area – Lot 103 (RN186) Kay Road, Bindoon” ...................................................................................................................... 5

6. APPLICATIONS FOR LEAVE OF ABSENCE .................................................................................... 5

7. CONFIRMATION OF MINUTES ................................................................................................... 6

7.1 Ordinary Meeting of Council: 17 July 2019 ............................................................................. 6 7.2 Special Meeting of Council: 30 July 2019 ................................................................................ 6

8. ANNOUNCEMENT FROM THE PRESIDING MEMBER ................................................................... 6

9. REPORTS .................................................................................................................................. 7

9.1 DEVELOPMENT SERVICES ......................................................................................................... 7 9.1.1 Retrospective Application for Development Approval: Earthworks within

Landscape Protection Area – Lot 103 (RN186) Kay Road, Bindoon* .......................... 7 9.1.2 Final modifications to Shire of Chittering Draft Local Planning Strategy 2019* ....... 25

9.2 TECHNICAL SERVICES .............................................................................................................. 28 9.3 CORPORATE SERVICES ............................................................................................................ 28

9.3.1 Chittering Community Courtesy Bus* ....................................................................... 28 9.3.2 List of Accounts Paid for the period ending 31 July 2019* ....................................... 36 9.3.3 Monthly Financial Reports for the Period Ending 30 June 2019* ............................. 38 9.3.4 Monthly Financial Reports for the Period Ending 31 July 2019 ................................ 40

9.4 CHIEF EXECUTIVE OFFICER ..................................................................................................... 41

9.4.1 Register of Policies* .................................................................................................. 41 9.4.2 Lower Chittering Sports & Recreation Facility: Update from Reference

Group* ....................................................................................................................... 44 9.4.3 Escorted Oversize Loads – Bindoon Townsite ........................................................... 50

10. REPORTS OF COMMITTEES ..................................................................................................... 52

10.1 Chittering Bushfire Advisory Committee ............................................................................... 52 10.1.1 Receiving of ‘Unconfirmed’ Minutes and Endorsement of the Fire Control

Officers and CBFAC Members for 2019/20* .............................................................. 52

11. MOTIONS, OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ...................................................... 58

12. QUESTIONS FROM MEMBERS WITHOUT NOTICE ..................................................................... 58

12.1 Previous questions from Members without notice asked at the Ordinary Council Meeting held on 20 July 2019 ................................................................................................ 58 12.1.1 Lower Chittering Sports Facility and the Sale of the Land to Immaculate Heart

College – Cr Aaron King ............................................................................................. 58 12.1.2 Lower Chittering Sports Facility Architectural Design Works – Cr Aaron King .......... 60 12.1.3 Land Transactions of Shire properties – Cr Aaron King ............................................. 60

12.2 Questions from Members without Notice asked at the Ordinary Meeting of Council held on 21 August 2019 ......................................................................................................... 61 12.2.1 Cost Benefit Analysis of the Lower Chittering Sports and Recreation Project –

Cr Aaron King ............................................................................................................. 61 12.2.2 Project Reference Group of the Lower Chittering Sports and Recreation

Reference Group – Cr Aaron King ............................................................................. 61 12.2.3 Overestimated Projected Demand and Expenses/Revenue of the Lower

Chittering Sports and Recreation Sports Facility Project – Cr Aaron King ................ 62 12.2.4 Business Plan Amendment – Cr Aaron King .............................................................. 62 12.2.5 Funds Received from the Sale of Land – Cr Aaron King ............................................ 62 12.2.6 Sale of Land Business Case – Cr Aaron King .............................................................. 62 12.2.7 Water Licence with Water Corporation – Cr Aaron King .......................................... 62 12.2.8 Advertising of the Project Proposal – Cr Aaron King ................................................. 62 12.2.9 Opportunity Cost Analysis – Cr Aaron King ............................................................... 63 12.2.10 Actual Costs of the Proposed Lower Chittering Sports and Recreation Project

– Cr Aaron King .......................................................................................................... 63 12.2.11 Hurdle Rate – Cr Aaron King ...................................................................................... 63

13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING ............ 63

14. MEETING CLOSED TO THE PUBLIC ........................................................................................... 66

14.1 Matters for which the meeting may be closed ...................................................................... 66 14.1.1 Ferguson House: Lot 91 (RN 6138) Great Northern Highway, Bindoon .................... 66

14.2 Public reading of resolution that may be made public .......................................................... 67

15. CLOSURE ................................................................................................................................ 67

* indicates separate attachments

MINUTES FOR ORDINARY MEETING OF COUNCIL

WEDNESDAY 21 AUGUST 2019

SYNERGY REF: 13/02/37; N192358 Page 1

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 Jake Whistler Acting Executive Manager Development Services Jim Garrett Executive Manager Technical Services Natasha Mossman Executive Assistant (Minute Secretary)

Members of the public 13 Media 0

2.2 Apologies

Nil

2.3 Approved leave of absence

Nil




2.4 Announcements

Councillors are to advise of their attendance in their role as the nominated Council delegate to external organisations. Councillors are requested to advise if they have attended external functions in their capacity as an Elected Member. As the Chief Executive Office looks after some (but not all) appointments by the President and deputy President, the Agenda includes only those events. Councillors are requested to provide additional information at the Ordinary Meeting of Council for inclusion in the Minutes. Cr Gordon Houston 30 July – Special Meeting of Council, Bindoon 6 August – Mayors and Presidents Forum, Local Government Week, Perth 6 August – Mayors and Presidents Reception, Local Government Week, Perth 7 August – State and Local Government Forum, Local Government Week, Perth 7 August – Western Australian Local Government Association’s AGM, Perth 9 August – Midwest/Wheatbelt Joint Development Assessment Panel meeting, teleconference 11 August – Targa West Gala Dinner, Perth Cr Peter Osborn 30 July – Special Meeting of Council, Bindoon 9 August – Midwest/Wheatbelt Joint Development Assessment Panel meeting, teleconference 13 August – Agenda Forum, Bindoon 14 August – Chittering Tourist Association’s AGM, Bindoon Cr Aaron King 30 July – Special Meeting of Council, Bindoon Cr George Tilbury 30 July – Special Meeting of Council, Bindoon 1 August – Lower Chittering Sport and Recreation Facility Advisory Group, Lower Chittering 11 August – Targa West Gala Dinner, Perth 13 August – Agenda Forum, Bindoon Cr Carmel Ross 25 July – Chittering Chamber of Commerce Business after Hours, Chittering Acres 30 July – Special Meeting of Council, Bindoon 1 August – Lower Chittering Sport and Recreation Facility Advisory Group, Lower Chittering 13 August – Agenda Forum, Bindoon Cr Mary Angus 30 July – Special Meeting of Council, Bindoon 7 August – Western Australian Local Government Association’s AGM, Perth 7 – 9 August – WALGA Local Government Week 2019, Perth 13 August – Agenda Forum, Bindoon Cr Don Gibson 30 July – Special Meeting of Council, Bindoon 13 August – Agenda Forum, Bindoon




3. DISCLOSURE OF INTEREST

Item 9.3.1 “Chittering Community Courtesy Bus”

Councillor/Officer Type of Interest Nature/Extent of Interest

Cr Peter Osborn Financial Nature: As a volunteer driver of the bus, I am paid an honorarium of $50 per trip.

4. PUBLIC QUESTION TIME

4.1 Response to previous public questions taken on notice

Nil

4.2 Public question time

4.2.1 John Curtis, Bindoon

Question 1: The submissions in the paper and the rates notice that has gone out says that the facility is going to be built, is this true?

Answer 1: The President advised that the submissions are in compliance with s3.59 and Council’s responsibility that it is going into an arrangement with Immaculate Heart College; it is not about the construction of the facility. Council has made allocations in their 2019/20 Annual Budget which includes the money received from the Federal Government and Council’s allocated funds.

Question 2: How many tonnes of Kerbside recyclables material was collected in 2018/19?

Answer 2: The President advised that this information is available on the public record as Council needs to prepare a report to the Department of Health every year. The President advised that he would ask the Chief Executive Officer to respond to Mr Curtis directly.

Question 3: How many tonnes from this service was disposed to landfill?

Answer 3: The President advised that there was none.




4.2.2 John Curtis, Bindoon (the following questions were asked on behalf of Robert Pizzino, Bindoon)

Question 1: I contacted Christian Porter’s office and was told that there has been lots of complaints about the IHC project; has Council been in contact with him about IHC and what has been his response?

Answer 1: The President advised that a meeting has been arranged with Christian Porter’s office for next week to discuss this matter.

4.2.3 Chris Waldie, Secretary Bindoon and Districts Historical Society and Secretary Chittering Tourist Association

Question 1: Is Council able to contact Main Roads to clean up Great Northern Highway as it has been between three/four years since it was last cleaned, especially as we are entering into our peak tourist seasons?

Answer 1: The President advised that he would ask the Chief Executive Officer to contact Main Roads WA to action this matter.

4.2.4 Dennis Boyanich, Bindoon

Question 1: Is Council able to advise of their decision with regard to the use of the community bus?

Answer 1: The President advised that this matter is on tonight’s agenda for Council to resolve.

Question 2: How is it that the Business Plan that they cannot see that this project is going to

progress, and is anyone receiving a remuneration from the Plan?

Answer 2: The President advised that no person is receiving a benefit other than the Chittering community.

5. PRESENTATIONS / PETITIONS / DEPUTATIONS

5.1 Petitions

5.1.1 New Petition Received

A Petition was presented to the Shire President by Cr Don Gibson (and signed by 406 respondents) from the Muchea Halls User Group as follows:

“We, the undersigned, do respectfully request that the Council find the proposed Lower Chittering Sport and Recreational Facility to be financially unviable and demand the project be discontinued immediately. The Council decision to substantially change the funding arrangements (to be funded from Shire borrowings & provide IHC with an unsecured self-supporting loan for their agreed contribution to capital costs) is a dereliction of duty of those Councilor's responsible to represent the best interests the ratepayers. We furthermore; Ask that Council instead direct the Shire to work with the MHUG to find the best way forward to urgently resolve outstanding building & maintenance issues and




commence necessary upgrades of the Muchea Sport and Recreational Facility and Lower Chittering Sport and Recreational Facility to meet the current and foreseeable future needs of the Sport and Recreational Community from the Southern areas of the Shire. This constitutes a faster, more effective and fiscally responsible resolution which also aligns with shires existing planning strategy guidance plans such as the 10 year Sport and Recreation Plan for facilitation of sport and recreational needs and objectives for the Shire of Chittering community.”

5.2 Presentations

Nil

5.3 Deputations

5.3.1 Item 9.1.1 “Retrospective Application for Development Approval: Earthworks within Landscape Protection Area – Lot 103 (RN186) Kay Road, Bindoon”

Deputation 1. Mrs Kim Baker speaking AGAINST the Recommendation Summary of deputation

Earthworks development and drainage infrastructure does adversely impact neighbouring properties.

Correspondence received from the Minister for Planning, Hon Rita Saffiotti MLA.

Removal of earthworks without a licence, permit or approval.

5.3.2 Item 9.1.1 “Retrospective Application for Development Approval: Earthworks within Landscape Protection Area – Lot 103 (RN186) Kay Road, Bindoon”

Deputation 1. Mr David Prosser speaking FOR the Recommendation 2. Mr Jeremy Hofland speaking FOR the Recommendation Summary of deputation

Discussions held with neighbour about the boundary fence and its replacement to be sheep/cattle proof.

Construction of a second crossover and gravel track, and upgrading existing driveway with a bitumen seal and drainage infrastructure.

Development is considered consistent with the Shire’s Local Planning Scheme No 6, and Planning Regulations, clause 67.

6. APPLICATIONS FOR LEAVE OF ABSENCE

Nil




7. CONFIRMATION OF MINUTES

7.1 Ordinary Meeting of Council: 17 July 2019

7.1 RECOMMENDATION / COUNCIL RESOLUTION 010819 Moved Cr Ross / Seconded Cr Osborn That the minutes of the Ordinary Meeting of Council held on Wednesday 17 July 2019 be confirmed as a true and correct record of proceedings.

CARRIED 7/0 7:34PM

7.2 Special Meeting of Council: 30 July 2019

7.2 RECOMMENDATION / COUNCIL RESOLUTION 020819 Moved Cr King / Seconded Cr Angus That the minutes of the Special Meeting of Council held on Tuesday 30 July 2019 be confirmed as a true and correct record of proceedings.

CARRIED 7/0 7:35PM

8. ANNOUNCEMENT FROM THE PRESIDING MEMBER

Rob Bathgate The Presiding Member expressed condolence to the Bathgate family and asked Cr Gibson to say a few words to the meeting.

Cr Gibson expressed his condolence to the Bathgate family. The Chittering community has lost a long time resident who has contributed to the shire, especially his involvement with the Bindoon Historical Society where he enjoyed restoring vehicles.

Cr Gibson then addressed the lack of aged care facilities in the shire, and how residents are being forced to leave the area to receive care.




9. REPORTS

9.1 DEVELOPMENT SERVICES

9.1.1 Retrospective Application for Development Approval: Earthworks within Landscape Protection Area – Lot 103 (RN186) Kay Road, Bindoon*

Applicant Mr David Prosser File ref A1543 Prepared by Senior Planning Officer Supervised by Executive Manager Development Services Disclosure of interest Nil Voting requirements Simple Majority Attachments 1 Original Development Plans

2 Additional Plans and Information 3 Additional Drainage Plan 4 Schedule of Submissions 5 Late Submission

Executive Summary Council is requested to further consider a retrospective Application for Development Approval for earthworks on Lot 103 (RN186) Kay Road, Bindoon. This application was initially presented to Council in February 2019, however was deferred to enable further information to be provided. The proposal consists of a driveway upgrade, levelling of the land for holding yards and a private horse jumping area and terracing for fruit trees. IMAGE 1: Location Plan




IMAGE 2: Site Plan

Background In early 2019, the Shire was made aware of earthworks being conducted on Lot 103 (RN186) Kay Road, Bindoon in conjunction with other issues such as dividing fence disruption and native tree clearing. Upon investigation, it was discovered that earthworks were being conducted without the necessary Development Approval in place. The owner of the property was advised of the requirement to obtain Development Approval to which they indicated that they were not aware of the requirement to obtain approval for earthworks on an ‘Agricultural Resource’ zoned property. Officers subsequently reinforced that any development – including earthworks – was required within the Shire of Chittering Local Planning Scheme No. 6 (LPS6) Special Control Area for Landscape Protection, within which Lot 103 is located. Accordingly the landowner submitted an Application for Development Approval soon after being notified of the approval requirements which entails the following works:

An upgrade to the existing gravel driveway to a bitumen seal with adjacent drainage and culverts directing storm water back into Lot 103;

Upgrade of existing crossover and creation of new crossover;

Upgrade of existing access track to a gravel standard;

Levelling of land adjacent to Kay Road for a private horse jumping area;

Levelling of land adjacent to existing outbuilding for future horse yards;

Levelling of land south of existing outbuilding to accommodate future shed or other minor development; and

Contouring of land in two locations for future fruit tree planting.




The above have been illustrated in development plans provided as Attachment 1 to this report. In respect of this application and at its Ordinary Meeting held 20 February 2019, Council resolved the following:

9.1.5 ALTERNATIVE MOTION / COUNCIL RESOLUTION 280219 Moved Cr King / Seconded Cr Tilbury That Council defers the application for want of further information as follows: 1. Invites the applicant to submit further information in respect of the construction management

process for assessment and approval; 2. Places a stop work order pursuant to section 214 of the Planning and Development Act 2005 on Lot

103 Kay Road, Bindoon; and 3. Invites the applicant to provide amended plans and details that accurately reflect the works

conducted and intended, including but not limited to: a. the finished ground levels at the boundary; and b. a stormwater management plan that demonstrates how stormwater will be managed on-site

and not adversely impact neighbouring properties.

THE ALTERNATIVE MOTION WAS PUT AND DECLARED CARRIED 7/0 9:50 PM

Subsequent to the above Resolution, on 31 May 2019 the applicant provided additional information and plans detailing and illustrating the following:

Details of the construction management process that have taken place;

A boundary re-establishment survey conducted by a licensed surveyor (Scanlan Surveys);

Stormwater management details illustrated on feature surveys conducted by a licensed surveyor (Scanlan Surveys); and

Photos illustrating ‘before and after’ aspects for portions of the development area. These plans and details have been provided as Attachment 2 to this report. Shire officers (Senior Planning Officer and Executive Manager Technical Services) reviewed the additional information and discussed the proposed drainage infrastructure on-site with the applicant, which has resulted in a further modified Drainage Plan being prepared. This further Plan includes a rock pitched levee at the bottom of a wide drainage area to slow down water flow and encourage stormwater retention within Lot 103. This additional Drainage Plan is provided as Attachment 3 to this report. The land and surrounds are primarily inhabited as rural lifestyle lots. While some stocking, horticulture and other agricultural based industries occur, it is generally not of a significantly productive nature. Visually speaking, the locality can best be described as generally cleared and undulating, with family homes taking precedence as the built form and primary land use. Consultation/Communication Implications Local The original application was not advertised to the neighbouring properties as the development that was to be assessed and determined was only that within the property boundaries of Lot 103 Kay Road. From this perspective, it was considered that the development (in its ultimate and final form) did not adversely impact the neighbouring land.




From the additional details provided by the applicant (feature survey), it was confirmed that elements of the earthworks had encroached outside of the boundaries of Lot 103. Although the application to be determined is for the works within the boundaries of Lot 103, it was considered appropriate to give the adjoining property owners the opportunity to comment on the application and for their views to be formally represented within the report to Council. The application was referred to the two adjoining property owners who were provided with 21 days to prepare a response to the Shire. Two responses were received with both opposing the application. A summary of the key matters of concerned raised are listed as follows:

Boundary fencing being removed/ re-installed without knowledge;

Clearing of vegetation;

Stormwater runoff causing erosion on adjoining properties;

Works undermining future integrity of boundary fence;

Encroachment of works on adjoining property;

Ground level height has been increased on the common boundary line;

Trespassing has occurred with respect to works outside of boundaries of Lot 103;

Works have adversely affected visual aesthetics;

Stormwater and erosion impacts on Kay Road (silt blocking drains and culverts);

Silt affecting neighbouring properties; and

Damming of natural water paths and redirecting water into adjoining property. A schedule of the full submissions received have been provided as Attachment 4 to this report with the proponent’s and officers’ responses to each concern raised. State Nil Legislative Implications State • Planning and Development (Local Planning Schemes) Regulations

In considering an application for development approval the local government is to have due regard to Sch. 2, Pt. 9, Cl. 67 of the Regulations – ‘Matters to be Considered’. The matters of consideration relevant to the application have been discussed below: (m) the compatibility of the development with its setting including the relationship of the

development to development on adjoining land or on other land in the locality including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development.

The development is proposed in a rural setting on ‘Agricultural Resource’ zoned land. The earthworks being undertaken on the land are to improve accessibility and use of the property due to the steep nature of the land, particularly within the northern portion of the property. The surrounding land is also rural land in nature and it is considered that the re-shaping of Lot 103 to better facilitate the existing rural lifestyle use of the land does not adversely impact adjoining properties where contained within the property boundaries.

It is considered that the earthworks that have been undertaken so far are visually offensive. However, it is the ultimate development proposed that assessment is against, and as such, the completed development is not expected to retain this negative visual effect.




(o) the likely effect of the development on the natural environment or water resources and any

means that are proposed to protect or to mitigate impacts on the natural environment or the water resource.

The proposed development, in particular the upgrade of the existing driveway, includes the management of stormwater collected on the property. The development plans indicate that swales will be used either side of the driveway, connected to culverts where the stormwater will be directed to a rock lined basin and infiltrated back into the land and directed into the paddock. It is expected that the proposed drainage infrastructure will have net benefit to the environment as it will reduce the potential impacts of erosion to the land. The contouring terracing is also expected to further assist in reducing the impacts of water erosion in the areas where this is proposed.

It has been observed from on-site inspections that upgrades to the firebreaks have occurred on Lot 103 on its eastern boundary. These are not included in the development plans or are being considered as part of this application as this relates to compliance with the Bushfires Act 1954 and the Shire of Chittering Annual Firebreak Notice. Given these works are regulated by legislation other than the Planning and Development Act 2005, it is not appropriate to address firebreak standards through the planning process. It is noted however, that the upgrade to the firebreaks on Lot 103 appear to attempt to contain stormwater on site with small bunding adjacent to the fence line (see photo below).

PHOTO 1: Senior Planning Officer, July 2019




Given the naturally steep topography of the land, it would be considered very difficult to avoid all stormwater generated from Lot 103, from entering a neighbouring property, regardless of whether the firebreaks had been upgraded or not. Furthermore, it is not a statutory requirement for stormwater to be wholly contained on a rural property. Overland stormwater flow through adjoining landholdings is not uncommon in the rural setting as topography and natural water flow paths do not allow this to be controlled. The following photo illustrates where stormwater has evidently not been contained on Lot 103 and which may have been the cause for concern for the adjoining landowner. PHOTO 2: Senior Planning Officer, July 2019




(p) whether adequate provision has been made for the landscaping of the land to which the

application relates and whether any trees or other vegetation on the land should be preserved.

Officers believe from aerial photography that some vegetation on the property has been cleared as a result of the earthworks that have already been undertaken. The quality of this vegetation is not known however, it was originally estimated that six trees had been cleared. The exact number is not known. This information has been provided to the Department of Water and Environmental Regulation as it is the primary authority regarded the clearing of native vegetation. Nonetheless, it is considered that additional tree planting, particularly adjacent to the areas affected by earthworks, to compensate for the loss of trees is appropriate.

If approved, Council can impose a condition that requires a landscaping plan to be submitted to the Shire and implemented at a season appropriate time to compensate for the loss of trees from the property and to also provide any necessary visual relief from the earthworks. (q) the suitability of the land for the development taking into account the possible risk of flooding,

tidal inundation, subsidence, landslip, bushfire, soil erosion, land degradation or any other risks.

As noted previously, the earthworks, drainage and contouring of the land is expected to provide a net benefit to the land, curbing the potential impacts of water erosion, which typically presents as an issue on land that has steep topography.

It is acknowledged that during the construction phase of this development, bare earth has been exposed and re-shaped which appears to have increased the effects of stormwater runoff from the property. This has resulted in silting of the road side drains on Kay Road and blockage of culverts within the road reserve. The below photo illustrates the erosion that has taken place on Lot 103.





It is contended that this erosion has predominantly occurred as the proposed drainage works are ‘unfinished’ which includes the proposed swales having limited rock pitching (leaving only bare earth) being a likely cause to the erosion and silting effects evident on Kay Road (see Photo 4). This is coupled with the land having no grass cover (typical side effect of any earth-working project) which would usually offer a natural resistance against the effects of erosion and silting.

It is also noted that the erosional effects of the works and the resultant silting of the road reserve appears to have flowed onto the adjoining property to the north of Kay Road (Lot 106 Kay Road). The effects of this silting is evident as viewed from Kay Road.


The ‘unfinished’ works as depicted in Photo 3 is a result of the retrospective nature of the development application and the ‘Stop Work Notice’ placed on the development, resulting in these ‘unfinished’ works now being exposed to the winter rains.

It is however, the ultimate development, as described in the application and the development plans, which is to be assessed and determined. Officers consider that the ultimate drainage infrastructure proposed in the development plans will alleviate the current stormwater issues being experienced, and will allow for an acceptable quantity and quality of stormwater to be received by the Kay Road drainage infrastructure, typical to that expected from any rural property with similar topography. To provide further assurance that the drainage infrastructure will achieve its intended purpose, it is recommended that if the application is approved, a condition be imposed requiring the submission of a certified drainage plan, prepared by a suitably qualified engineer, for the management of stormwater on-site to the satisfaction of the Shire. If the certified Drainage Plan requires additional drainage infrastructure to be installed on Lot 103, these are to be constructed within 60 days of the approval.




With regard to the silting effects on Lot 106 Kay Road, it is considered that this is unlikely to occur in the future, if the development is approved by Council and the development is fully constructed in accordance with certified plans. Notwithstanding the above, it is considered that the silting that has already occurred should not form part of Council’s decision making, as this is outside the application area and appears to be a result of the unfinished works. If a resolution to this particularly issue is sought, this can occur outside of the planning process through civil means. (s) the adequacy of –

(i) the proposed means of access to and egress from the site; and (ii) arrangements for the loading, unloading, manoeuvring and parking of vehicles.

As noted in the background of this report, remedial work has been conducted on the existing crossover to the property and an additional crossover has been partially constructed. The Shire requires that any new crossover be approved prior to it being constructed.

It is therefore recommended that if Council approve the application, a condition be imposed that requires the modified and new crossover be designed and approved by the Shire prior to their use.

Local

Shire of Chittering Local Planning Scheme No. 6 –Special Control Area – (Landscape Protection) Lot 103 is located within a Special Control Area (SCA) for Landscape Protection as defined by the LPS6 Scheme map. Clause 5.2.4 of LPS6 lists the following planning requirements for the Landscape Protection Area: ‘5.2.4 Planning Requirements

In dealing with an application for Development approval, the local government will not support: a) a dwelling or outbuilding on any ridgeline as may be prominently visible from any public

road or which may adversely affect the aspects of neighbouring dwellings; b) land uses which are not related to the general objectives of the zone; c) the storage or keeping of non-agricultural vehicles or materials on the land as may be

visible from any public road; d) the removal of any natural vegetation from any ridgeline; e) the removal or lopping of trees other than for –

i. fire fighting or fire protection purposes; ii. the removal of dead or dying trees; iii. clearance for power lines, emergency access, emergency works by a public

authority, sight lines and traffic safety on roads; iv. if the vegetation is posing a risk to public safety; v. the vegetation is part of an area planted for fodder, timber plantation, or any

other crop; vi. in association with the establishment of a Building Envelope.

The local government may require, where appropriate, as a condition of any development approval, additional planting of vegetation to be undertaken to ensure no net loss of vegetation or to repair any degraded landscape.’

The proposed development is considered consistent with the above provisions however, there is some uncertainty over the removal of native vegetation that appears to have occurred on the property. As the trees have already been removed and their health cannot be qualified, it is considered appropriate to impose a condition requiring additional tree planting to occur on the property, in the instance Council resolve to approve the application. Further to this, Council are made aware that native vegetation clearing is largely controlled under the Environmental Protection




Act 1986 and administered by the Department of Water and Environmental Regulation. Shire officers have made the Department aware of the suspected clearing activities that have taken place. Notwithstanding any outcomes of the suspected tree clearing from the Department, additional tree planting enforced by the Shire under the SCA – Landscape Protection Area provisions, could provide adequate environmental compensation for the trees and vegetation that were lost from the property. Tree planting could also provide some visual relief from the development as viewed from the road. As such, and if approved by Council, it is recommended that a landscaping plan be prepared and approved by the Shire, detailing additional tree planting that will occur across the site. Further to the above, Clause 5.2.5 of LPS6 lists the following considerations that need to be given regard when determining this application: ‘5.2.5 Relevant Considerations

In considering an Application for Development approval, the local government shall have regard to: a) the statement and the nature of the key elements of the landscape and its character; b) the conservation and enhancement of the landscape values; c) the impact of any buildings and associated works on the landscape due to height, bulk,

colour, general appearance and the need to remove vegetation; d) the requirement for all roofing of any building to be of a non-reflective nature; e) a change of land use where in the opinion of the local government the proposed

development may cause a deterioration of the landscape value and/or cause an adverse effect(s) on the environment.

The above considerations place a focus on the preservation of the landscape values and the environment. The proposed earthworks have and will alter the natural landform of the property with the works being visible from neighbouring properties and Kay Road. The ultimate development however, as presented in the development plans, is considered to be of a nature that will not deter from the existing character of the area and the landscape values that are present. The site at present is visually offensive due to the bare earth that can be seen from the road and the lack of grass and other vegetation. It is expected that the current development will (following a season of rain) regain grass coverage, negating the contrasting and stark nature of the development as viewed currently. The ultimate development, coupled with additional landscaping is expected to have a negligible impact on the character of the landscape and is considered acceptable.

Policy Implications State Nil Local Nil Financial Implications The retrospective nature of the application for development approval requires a penalty fee (three times the standard fee) to be paid in accordance with the Shire of Chittering Schedule of Fees. This fee was paid upon lodgement of the application.




Strategic Implications State Nil Local Nil Site Inspection Site inspection undertaken: Yes. A site inspection was undertaken by the reporting officer and the Shire’s Governance Support Officer on 3 January 2019 following the Shire being made aware of the earthworks being conducted on the property. At the time of the inspection, it appeared that the majority of the earthworks had been completed. Further inspections were conducted immediately prior to the drafting of this report, by the reporting officer and the Shire’s Executive Manager Technical Services. Discussion on site were held which has ultimately resulted in improvements being made to the development plans/drainage plan as illustrated in Attachment 3. In addition to the above, the reporting officer and the Shire’s Executive Manager Technical Services met on site with both adjoining owners of Lot 103 on separate occasions, to discuss and understand the concerns being held by these parties. Triple Bottom Line Assessment Economic implications Large scale improvements to private property such as is the case on Lot 103, offers opportunities for local contract businesses to engage in local work, providing indirect economic benefits to the Shire. Social implications The construction phase of any landform alterations includes unsightly earthworks which can be regarded as visually offensive to nearby landowners. The ultimate development is not expected to have an extensive visual impact that could affect the character of the area and impact the amenity and the lives of the nearby landowners. Environmental implications Earthworks on steep slopes has the potential to create soil erosion and land degradation issues. The earthworks proposed on Lot 103 in conjunction with the drainage infrastructure and land contouring is considered to reduce the likelihood of erosion and land degradation occurring. This could be affirmed through the recommended condition of approval for a certified drainage plan prepared by a qualified engineer. In addition, the loss of vegetation that has evidently occurred on the land is to the detriment of the environment. It is therefore recommended as a condition of approval that a landscaping plan be provided to the Shire detailing additional planting across the site, to compensate for such loss.




Officer Comment/Details As a result of the advertising, many concerns were raised by adjoining property owners with the key elements of these concerns summarised below:

Boundary fencing being removed / re-installed without knowledge;

Clearing of vegetation;

Stormwater runoff causing erosion on adjoining properties;

Works undermining future integrity of boundary fence;

Encroachment of works on adjoining property;

Ground level height has been increased on the common boundary line;

Trespassing has occurred with respect to works outside of boundaries of Lot 103;

Works have adversely affected visual aesthetics;

Stormwater and erosion impacts on Kay Road (silt blocking drains and culverts);

Silt affecting neighbouring properties; and

Damming of natural water paths and redirecting water into adjoining property. It is considered that vegetation clearing, stormwater management (natural water flow and silting), visual aesthetics, erosion have already been adequately addressed within this report. The remaining matters of concerns listed have been addressed individually below. Boundary Fencing In general, the Shire has no statutory controls to address common-boundary fencing issues. The Shire’s Local Planning Policy No. 22 – ‘Fences’ (LPP22) provides advice on fencing standards that can be given regard when determining an application for development approval. LPP22 deters against solid fencing in the ‘Agricultural Resource’ zone and requires rural fencing to be installed upon subdivision of rural land. These provisions do not apply in the instance of Lot 103 Kay Road as no solid fencing is being proposed and subdivision is not occurring. Common-boundary fencing issues are a civil matter that should be resolved under the Dividing Fences Act 1961. The Building Commission’s Guide to the Dividing Fences Act 1961 indicates that disputes arising from boundary fencing issues can be resolved in the Magistrates Court. It would be inappropriate for Council to have influence over any boundary fencing issues that may have arose as a result of the development works and subsequent application over Lot 103 regardless of its origins. Works Undermining Boundary Fencing As noted above, boundary fencing issues are controlled by the Dividing Fences Act 1986 and are not for local government to intervene. Development works that could adversely impact an adjoining property (the land supporting and beyond a boundary fence) is an aspect that needs to be considered through the planning process. It is understood this concern has stemmed from earthworks (cut and fill) that has occurred adjacent to the southern boundary of Lot 105 (eastern neighbour to Lot 103). The location of these works are illustrated on the development plans and are further represented by the below photos.




Officers have inspected this component of the earthworks and estimate that there is 7m of separation from the commencement of the earthworks to the southern boundary of Lot 105. This allows enough room for the maintenance of a 3m firebreak required under Bushfires Act 1954, within Lot 103 and adjacent to the southern boundary of Lot 105. Furthermore, the suitable gradient of the ‘cut’ component of the earthworks coupled with the evident clay, rocky soil suggests that erosion of this area, to the extent that it would undermine the boundary fence and the neighbouring property, is unlikely. This component of the earthworks is not considered to adversely impact the adjoining property and is therefore considered to be acceptable. Altering Height of Land at Boundary A concern has been raised that the land height has been altered at the location of the common boundary between Lot 103 and Lot 104. It is evident that earthworks have occurred on the common boundary and beyond (addressed further in this report) with ground level height at this point being increased. From the information available, it is difficult to determine the extent of any land height alterations as there is no pre-existing information (surveys or other means) to determine this change. The applicant provided additional plans information (Attachment 2) which included ‘before and after’ photos of the area in question. A review of these photos illustrates that the pre-existing internal gravel access track (adjacent to the common boundary) was situated on land higher than the adjoining property (Lot 104) prior to the subject earthworks commencing. It is considered that the natural ground level at the common boundary has been raised, but the extent of which appears to be ‘relatively minor’ (the term ‘relatively minor’ is used in this instance in the context of the rural environment with heavily undulating topography). This issue is seemingly exacerbated by the amount of spoil that has encroached onto the neighbouring land but is not considered to be an issue in itself. As noted previously, it is the development within Lot 103 that is to be assessed and determined. Taking this into consideration, the increase of the natural ground level up to the common boundary of Lot 103 and Lot 104 is considered to be relatively minor in the context of these rural properties. Encroachment of Works on Adjoining Property The encroachment of earth works onto the adjoining property (namely Lot 104) is arguably the most contentious component of this development. The issue around trespassing is being captured and treated in this section in conjunction with the encroachment of works, as the two seemingly go hand-in-hand. At its meeting of 20 February 2019, Council gave the applicant the opportunity to provide further information relating to the finished ground levels at the boundary. The applicant provided information in this regard which included a survey plan (see Attachment 2) focusing on the area of works adjacent to the boundary of Lot 104. The survey plan verifies that earthworks have encroached into the neighbouring property of Lot 104. Officers estimate from the survey plan that the earthworks, at its greatest extent, encroaches up to 8m into the neighbouring Lot 104. The following excerpt of the survey plan with accompanying aerial illustrates the extent of this encroachment and its general location.




DIAGRAM 1

Given this encroachment onto neighbouring land, officers investigated into the planning implications of such works. It is considered that development can only be approved on land in respect of which the application relates. Furthermore, approving works on land of which the landowner has not consented is inconsistent with the requirements of the Planning and Development (Local Planning Schemes) Regulations 2015. In respect of any directions for the land to be remediated, it is again considered unlawful to direct a person onto land they do not own, to conduct remediation works. Given the level of interest from the adjoining property owners, officers felt necessary to seek legal advice on the matter. Council’s Solicitors were instructed to provide legal opinion on the matter of the unauthorised works on the adjoining land, with respect to the Shire’s obligations and abilities. The legal advice received is consistent with officer’s position in that any direction or decision made by the Shire involving the neighbouring property (Lot 104) is ‘likely to be invalid’. The advice further advises ‘the Shire cannot take any effective measures to require the developer to enter or carry out works on the adjoining owner’s property’, and ‘any prospective remediation issues are a civil matter between the two parties and it is not appropriate for the Shire, or even open to the Shire, to pursue those remediation issues further.’ As such, it is the earthworks and other works within the property boundaries of Lot 103 that are to be determined. There is no opportunity for the Shire to instruct the landowner of Lot 103 to conduct any remediation works on the adjoining Lot 104, nor are these works to form part of Council’s determination.




Whilst acknowledging the Shire’s legal position and its inability to have effect over the unauthorised works on Lot 104, it is recognised that these works have occurred without the consent of the landowner and trust that the matter will be resolved through civil action. Recommendation Taking into consideration the legal inability for the Shire to have effect over the works on Lot 104 Kay Road, the Shire is obliged to determine the retrospective application for development approval, for the works depicted in the development plans within the boundaries of Lot 103 Kay Road, Bindoon. Pursuant to Section 214(3)(b) of the Planning and Development Act 2005, if the Council determine to refuse the application, a ‘written direction’ also can be served on the applicant/owner to restore the land as nearly as practicable to its condition immediately before the development started. These remediation works would only apply to the works within the boundaries of Lot 103. However, officers consider that the works proposed within the application upon completion do not generally conflict with the provisions of LPS6, and is of a nature that will not have an adverse impact on the amenity of the general locality, subject to the imposition of appropriate conditions. The application is accordingly recommended to be conditionally approved.

RECOMMENDATION Moved Cr Osborn / Seconded Cr Tilbury That Council: 1. grants Development Approval for earthworks on Lot 103 (RN186) 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 and neighbouring properties.

c. The approved Landscaping Plan shall be implemented within six months 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 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.

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.




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.

MOTION / COUNCIL RESOLUTION 030819 Moved Cr Tilbury / 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 7:43PM

MOTION / COUNCIL RESOLUTION 040819 Moved Cr Tilbury / Seconded Cr King That Council resume the meeting in accordance with Local Government (Council Meetings) Local Law 2014, Part 8 – Conduct of Members.

CARRIED 7/0 7:48PM

AMENDMENT Moved Cr Houston / Seconded Cr Osborn That the following Advice Note be added to the Recommendation: 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.

AMENDMENT CARRIED 6/1 AND FORMED PART OF THE SUBSTANTIVE MOTION

CR GIBSON VOTED AGAINST THE MOTION 8:10PM

Cr Houston provided the following reasons There appears to be social injustice by applicant’s original actions. This type of action has happened previously and these types of matters should be applied for and dealt with at the time. Council does not have the ability due to different legislation and heads of power. There may be circumstances that bring this back to Council at a later date, and Council will have to consider it when (or if) if does.




9.1.1 SUBSTANTIVE MOTION / COUNCIL RESOLUTION 050819 That Council: 1. Grants Development Approval for earthworks on Lot 103 (RN186) 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 and neighbouring properties.

c. The approved Landscaping Plan shall be implemented within six months 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 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.

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.

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.

CARRIED 5/2 CR GIBSON VOTED AGAINST THE MOTION

8:12PM




9.1.2 Final modifications to Shire of Chittering Draft Local Planning Strategy 2019*

Applicant Shire of Chittering File ref 18/02/0023 Prepared by Acting Executive Manager Development Services Supervised by Chief Executive Officer Disclosure of interest Nil Voting requirements Simple Majority Attachments 1 WAPC Schedule of Modifications

2 Draft Local Planning Strategy (modified) Executive Summary The purpose of this Report is for Council’s acknowledgment of the Western Australian Planning Commission’s requirement for the Shire’s Draft Local Planning Strategy to be further modified, prior to resubmission and final endorsement. Background Council resolved at its Ordinary Meeting held on 19 July 2017 to authorise the submission of the Shire of Chittering Draft Local Planning Strategy (LPS) to the Western Australian Planning Commission (WAPC) for certification prior to advertising. Following considerable deliberation at the Department of Planning Lands and Heritage (DPLH), certification was received from the WAPC on 7 June 2018 and was subsequently advertised to the community, in accordance with the endorsed Consultation Strategy. Consultation with community and development representatives occurred for a period of eight weeks, and consisted of email notification, publication on the Shire’s website and Facebook, and made publicly available at two open forums. A total of 20 submissions were received in response and were considered by Council. Council’s endorsement of the LPS, coupled with the Council’s recommended modifications were provided to the WAPC with a request for endorsement. The Shire has now received formal confirmation from the WAPC dated 26 July 2019 that the LPS is required to be modified in a manner specified by a ‘Schedule of Modifications’, prior to its resubmission to the WAPC and final endorsement. This Schedule contains 63 required modifications, the majority of which better reflect the overarching objectives and themes of the LPS. A brief summary of the changes are listed below with the full ‘Schedule of Modifications’ provided as Attachment 1 to this report:

Outlining limitations for growth of the Muchea Townsite;

Strengthen acknowledgement of freight based industry, and the existence of rail infrastructure in the Shire;

Reflecting the Shire’s desire to facilitate tourism land uses in the local area and on rural land;

Ensuring ‘minerals to owner’ mining operations is a prohibited land use under the Local Planning Scheme;

Allow for rail based industries in the vicinity of Muchea;

Allow for the growth of the Maryville precinct where supported by servicing and bushfire investigations;

To ensure consistency with State policy and legislation; and

Inconsequential numbering and wording changes.




Consultation/Communication Implications The LPS has previously undergone rigorous consultation prior to its submission to the WAPC. The required changes as dictated by the ‘Schedule of Modifications’ does not require further advertising, with the changes being minor in nature. Legislative Implications State

Planning and Development (Local Planning Schemes) Regulations 2015 Pursuant to Part 3, Regulation 15(1)(c) of the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations), the WAPC have resolved to:

‘require the local government to modify the strategy in the manner specified by the Commission before the strategy is resubmitted to the Commission for endorsement.’

The Strategy is therefore required to be modified in the manner specified by the WAPC (in accordance with the ‘Schedule of Modifications’ – Attachment 1) prior to resubmission to the WAPC and subsequent endorsement. A copy of the modified version of the Draft Local Planning Strategy has been provided as Attachment 2 to this report.

Local Nil Policy Implications State The draft LPS has been modified in accordance with the policies of the WAPC and other relevant stakeholders. Each State Planning Policy applicable to the LPS has been referenced within the Strategy itself. Local A full review of all Local Planning Policies will be carried out in the future, to ensure consistency with the new Local Planning Strategy. Financial Implications There are no known financial implications as a result of acknowledging the required changes from the WAPC. Strategic Implications The new Local Planning Strategy will become an important part of the suite of Council’s Strategic documents with appropriate actions and linkages. The Strategy has been developed to set out the long-term planning directions for the Shire, to apply relevant State and regional planning policies and provide the rationale for any zoning or classification of land under the Local Planning Scheme. Site Inspection Not applicable




Triple Bottom Line Assessment Economic implications The Strategy will set the framework for land use planning in the Shire for the next 10 to 15 years. It is imperative that the Strategy accommodates economic opportunities for the sustainable development of Chittering while balancing this with economic drivers that are capable of providing jobs and business within the Shire in appropriate locations. Social implications The Local Planning Strategy establishes broad planning objectives that takes into consideration the social implications of future development within the Shire. The required changes from the WAPC does not deviate from these values established within the advertised and Council endorsed versions of the Strategy. Environmental implications The Local Planning Strategy aims to address and minimise environmental effects associated with future land development, including subdivision. Essentially, the Strategy aims to maintain and improve protection of the Shire’s natural assets. Amongst the required changes from the WAPC, includes the provision of further clarity around the status of the Shire’s Local Biodiversity Strategy, and also strengthening the intent to protect the habitat of the endangered Western Swamp Tortoise. Officer Comment/Details The modifications set out in the ‘Schedule of Modifications’ do not significantly deviate from the objectives of the LPS in which Council endorsed in March 2019. The modifications serve to ensure maximum compliance with State Planning Policies and Regulations. It is important to acknowledge that the ‘Schedule of Modifications’ to the LPS are a mandatory requirement of the WAPC in accordance with the Regulations. There is no opportunity for Council to make further changes at this stage of the endorsement process. This report to Council is for information purposes only, and to allow for the entire LPS preparation and endorsement process to be open and transparent. It is noted for Council’s benefit that once endorsement of the LPS occurs, amendments can be made in the future if the need presents itself.

9.1.2 RECOMMENDATION / COUNCIL RESOLUTION 060819 Moved Cr Gibson / Seconded Cr King That Council acknowledges the requirement to modify the draft Local Planning Strategy in accordance with the Western Australian Planning Commission’s ‘Schedule of Modifications’ received 26 July 2019.

CARRIED 7/0 8:12PM




9.2 TECHNICAL SERVICES

Nil

9.3 CORPORATE SERVICES

DISCLOSURE OF INTEREST Cr Osborn left the meeting at 8:13PM and therefore did not partake in discussion or vote on Item 9.3.1 “Chittering Community Courtesy Bus”.

9.3.1 Chittering Community Courtesy Bus*

Applicant Shire of Chittering File ref 03/01/13 Prepared by Community Development Coordinator Supervised by Executive Manager Corporate Services Disclosure of interest Nil Voting requirements Simple Majority Attachments 1 Community Development Policy 6.6 Chittering Community Bus Transport

Service amended Executive Summary Council is requested to note the continuing value of the Chittering Community Courtesy Bus Service for the 2019/20 year and; accept the proposed changes to Community Bus Policy 6.6 Chittering Community Bus Transport Service. Background The Chittering Community Courtesy Bus proposal stemmed from the Shire of Chittering Age Friendly Community Plan 2016 – 2019 and the Shire of Chittering Youth Strategy 2015 – 2018. The project was established as a 12 month trial project to determine the suitability and need for a community transport option to the metropolitan centre’s of Midland and Joondalup. The trial service commenced on 1 November 2016 and ran until 1 November 2017. A review of the service occurred in July 2017 resulting in the service being adopted by Council within the 2017/18 Annual Budget as a continuation of the Chittering Community Courtesy Bus Service. The bus service runs weekly, alternating between Joondalup and Midland metropolitan centres, utilising the 21 seat capacity of the Shire’s Community Bus. The service has predominately been utilised by people over the age of 55 despite it being a free community service for all Chittering residents. The bus service is supported by two regular volunteer drivers who have been registered as volunteer staff with the Shire of Chittering. A relief volunteer driver has also been available since May 2017 as back up support to the regular drivers. Mr Peter Osborn has been the regular driver for the Joondalup run and Mr John Barlow has been the regular driver for the Midland run since the commencement of service in 2016. In recognition of their time and to compensate both drivers for costs associated with remaining in the metropolitan centres for a period




of five hours, the drivers are paid a $50 honorarium for each trip. This cost and the accumulation of some mileage on the bus; where the drivers have been afforded the opportunity to do some of their personal errands whilst in the vicinity of Midland and Joondalup, is a small cost borne by Council for the provision of a valued service. Without the goodwill and support of volunteer drivers this service has the potential for costing Council a considerable sum if we were to pay the wages of a regular bus driver and could potentially lead to the need for a fee for service arrangement for passengers. At the time of preparing this report (January 2019 to July 2019) the below passenger bookings were recorded for both Metropolitan Centre destinations:

Date Midland Joondalup

1 January No service No service

8 January 12 No service

15 January No service 14

22 January 14 No service

29 January No service 10

5 February 14 No service

12 February No service 7

19 February 17 No service

26 February No service 18

5 March 12 No service

12 March No service 13

19 March 14 No service

26 March No service 12

2 April 17 No service

9 April No service 10


23 April No service 5


7 May No service 6

14 May 12 No service

21 May No service 13

28 May 12 No service

4 June No service 8

11 June 5 No service

18 June No service 9

25 June 12 No service

2 July No service 9

9 July 11 No service

16 July No service 7

23 July 14 No service

Notes 1. Overall average use 11 passengers per week. 2. 13 passengers - Average use per week Midland run, of these there are four regular bookings. 3. 10 passengers - Average use per week Joondalup run, of these there are three regular bookings.




At the Ordinary Meeting of Council held on 15 May 2019, during public question time the following question was asked and answered:

Question 2: The log books of the community bus, there is a discrepancy on trips in the region of 50/60kms for the same trip, has the Shire investigated this?

Answer 2: Through the Chair, the Chief Executive Officer advised that this matter has been investigated and there was only two or three occasions where the log book was not filled out. Administration have been reminded to ensure that people who are using the community bus need to complete all bus hire/driver requirements.

Shire officers ascertained that on approximately three occasions the odometer reading was not recorded in the mileage book, however as the Shire has a duplicate system in place, the mileage was recorded on the Driver Log Form that is returned at the completion of each trip. Records indicated that the mileage recorded correctly aligned with the mileage recorded on the odometer. The query also suggested that the volunteer drivers were accumulating excessive kilometres over and above the expected range for a round trip for the Courtesy Bus Service. Shire expectations of the mileage for each trip would be in the vicinity of 180kms round trip, however it is expected that this can fluctuate dependent on the number of stops and the location of the bus stop request for passengers, taking into account bus stops at Muchea Townsite and Immaculate Heart College in Lower Chittering. Additionally, drivers have been directed by Shire officers that at the request of a passenger for a special drop off at a locality close to the centres of Midland or Joondalup that, at the driver discretion and; dependent on the capacity for the driver to find a safe drop off zone, special requests can be accommodated. These requests can be accommodated once all other passengers have been dropped off. On occasions both drivers have indicated that they have accommodated special requests to be dropped off in neighbouring suburbs for passengers to attend appointments or access businesses not based within the central business district. Officer inspection of log books and Driver Log forms for the Community Courtesy Bus show that trips for both metropolitan centres have ranged between 137km–197kms per trip. This suggests that based on the expected average of 180kms per round trip to the Metropolitan area of Midland or Joondalup, and that there has not been any misuse of the Courtesy Bus by the volunteer drivers for their own personal gain. Consultation/Communication Implications Local The Shire’s Community Development Coordinator consulted with current volunteer drivers and the Customer Service Officer on Monday 15 July 2019 to ascertain what they deemed to be the best aspects of the service, and what could be improved based on their experiences and feedback that they have received from customers. The following table is a summary from that meeting:

The best aspects of the Service What could be improved

Free service from Shire that is envied by other communities.

Good reliable service.

Times are good for those that have been using the service.

Negotiations with driver for special drop offs in metro area has assisted many elderly people to access appointments and services

1. When there are pick-ups for Muchea and Lower Chittering the travel time increases by at least 20 mins which decreases the amount of time available in the metro area, and is problematic for those passengers who are utilising the service to attend appointments. It is proposed that: a. Passengers be advised that the





that may have been problematic for them to get to.

Mr Barlow has been happy being the regular driver on a fortnightly basis for the Midland run. He has enjoyed the company of the passengers and using the fortnightly run as his one day out to either do shopping of his own, attend appointments or watch a movie.

The service has several regular passengers and permanent bookings. The booking system works well for the Shire administration staff with most people booking in advance of the day.

approximate time for arrival in the metro area could be between 9am – 9:20am dependent on passenger pickups on the morning journey and the return journey time could vary between 3pm – 3:20pm for the same reason.

b. Remove the option for a bus stop at Lower Chittering Hall with passengers and volunteer drivers preferring to be picked up on the corner of Santa Gertrudis Drive in Lower Chittering. Passenger will be encouraged to be dropped at the bus stop, walk or park their vehicle as there is a parking bay on the corner of this road that is utilised by food vans and has adequate parking for up to five cars without obstruction to the road and other users.

c. There is currently no option for picking people up on the corner of Brand Highway and Great Northern Highway. Passengers to be advised that the Muchea bus stop is John Glenn Park on McKenzie Street, Muchea. Passengers will be encouraged to be dropped at the bus stop, walk or park their vehicle in the public parking at the John Glenn Park.

2. The existing bus stop at the Chinkabee Complex

is problematic if there is a function occurring at Chinkabee as currently bus passenger vehicles are parked from 8am – 3pm taking up valuable parking space at the Chinkabee complex. Propose that: a. The Courtesy Bus stop be changed to the

Transwa Bus stop at the Long Vehicle Parking area between the Shire depot and the service station in Binda Place. With a bus turn around point and ample day time parking this parking area is more suitable and does not directly impact on other facilities within the Bindoon Townsite.

3. Community Development Coordinator to source

and supply a site map of Lakeside Joondalup and the appropriate bus drop off spot and parking area after consultation with Centre Management. The current drop off zone at the taxi rank outside the Western Entrance is not suitable for the bus as there is inadequate space





to pull the bus off into the bay without obstructing other vehicles or damaging the bus on signage at the taxi rank.

4. Community Development Coordinator to

source and supply a site map of Midland Gate Shopping Centre and appropriate bus drop off spot and parking area after consultation with Centre Management.

Consultation has recently occurred with Mr Colin Archibald (Customer Service Team, Lakeside Joondalup Shopping Centre) and Ms Anna Stratikis (Guest Experience Manager - Vicinity Centres, Midland Gate Shopping Centre). Both Centre’s have confirmed parking space for the bus for the duration its stay and identified appropriate drop off zones for our passengers. Bus drivers have been provided with a site map for each venue highlighting these zones and parking areas. Lakeside Joondalup are now liaising with the Community Development Coordinator to identify opportunities for our passengers to participate in any projects undertaken, such as Keep on your Feet or a coffee, chat and socialise sessions with other seniors who might live within the Joondalup areas, building some social connections between our community and theirs. Lakeside Joondalup Customer Service have mobility aids available for shoppers with mobility issues to hire (at no cost for three hours duration). These aids can be requested at the time of booking with the Shire and a Shire officer will then liaise with Lakeside Joondalup to book the aid or alternatively the passenger can approach Lakeside Joondalup Customer Service desk upon arrival at the Centre. The bus is included in the Shire’s Long Term Financial Plan for renewal during this financial year. As highlighted above, feedback from passengers and volunteer drivers suggests that some consideration needs to be given to luggage racks on the bus for secure storage of bags and other items. Additionally, many passengers have mobility issues, relying on walking sticks or similar aids. The current bus has a steep step for access onto the bus which is quite difficult for some of our less abled passengers, with a very narrow aisle and small low seats that are difficult for some of the elderly to stand up from. With these issues in mind it is a suggestion from passengers and drivers that some consideration be given to a bigger bus with larger seats, improved access steps and the potential for an access ramp at the rear of the vehicle for wheelchairs or similar aids. These improvements will also benefit other community groups and individuals who hire the community bus on the days that the bus is not being utilised for the Courtesy service. State Not applicable Legislative Implications State Not applicable Local Not applicable




Policy Implications State Not applicable Local

Community Development Policy 6.6 Chittering Community Bus Transport Service Recommended changes to the Policy are: 1. Under the sub-heading “Times of Service” the following has been added: The bus must not be

utilised for any other activities without the prior approval of the Chief Executive Officer or Executive Manager Corporate Services.

2. Under the sub-heading “Drivers” the following has been added: Drivers are permitted to use the Community Courtesy bus to attend to personal matters whilst waiting for passengers for the return trip to Bindoon with an allowance of 30kms per trip.

Financial Implications The upgrade of the Shire’s Community Courtesy Bus has been included in the 2019/20 Annual Budget. The above considerations should be taken into account when determining the appropriate replacement for the existing vehicle. Strategic Implications The Shire’s Community Bus Service aligns with strategic actions identified within the Wheatbelt Blueprint 2015, particularly in relation to livable and connected communities. Local

Strategic Community Plan 2017-2027

Focus area: Our community Objective: S1.1 An active and supportive community Strategy: S1.1.1 Strengthen aged, youth and children service access through partnerships

and advocacy Focus area: Our Built Environment Objective: S3 Safe Access Strategy: S3.2.1 Advocate for improved public transport Focus area: Strong Leadership Objective: S5 Outcome: An engaged community Strategy: S5.1 An engaged community S5.3.1Good governance which supports efficient and effective service delivery

Shire of Chittering Age Friendly Community Plan 2016-2019

Focus area: Transport & Movement Focus area: Health & Community Services

Shire of Chittering Youth Strategy 2015-2018

Focus area: Getting about




State Nil Site Inspection The Shire’s Community Development Coordinator travelled on the bus to Joondalup on Tuesday 20 July 2019, and conducted an informal survey of passengers and the volunteer driver. A site visit was also arranged with Lakeside Joondalup’s Customer Service Team as outlined as part of consultations undertaken. Triple Bottom Line Assessment Financial implications The Shire of Chittering Community Courtesy Bus Service is captured within the 2019/20 Annual Budget, which covers service and maintenance of the vehicle. Social implications This service continues to value add to the Shire of Chittering by providing an essential service for residents who require a transport solution to the Metropolitan area. Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details Connectivity to services and amenity within the metropolitan area is essential for our elderly, youth and disadvantaged residents without a means of transport or appropriate licences and has been highlighted as a priority within Age Friendly and Youth Strategy planning processes. As evidenced through passenger numbers, the service continues to provide an essential service for a regular number of passengers to both metropolitan centres. Council and broader community are encouraged to recognise and acknowledge the commitment of the two regular volunteer drivers who have enabled this valuable service to continue for the past three years. Without their valuable contribution this service would without doubt have considerable staffing costs and could lead to the need for a fee for service from passengers to mitigate costs.




9.3.1 RECOMMENDATION / COUNCIL RESOLUTION 070819 Moved Cr King / Seconded Cr Ross That Council: 1. Notes the continuing value of the Chittering Community Courtesy Bus Service for the 2019/20

financial year; 2. Recognises and acknowledges the commitment of the two regular volunteer drivers (Mr Peter

Osborn and Mr John Barlow) and personally thank them for their valuable contribution to the community; and

3. Endorses the proposed changes to Community Development Policy 6.6 Chittering Community Bus

Transport Service, as per Attachment 1.

CARRIED 6/0 8:13PM




Cr Osborn returned to the meeting at 8:14PM

9.3.2 List of Accounts Paid 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 List of Accounts Paid as at 31 July 2019 Executive Summary Council is requested to endorse payments presented in the List of Accounts Paid for the period ending 31 July 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 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. 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 “List of Accounts Paid as at 31 July 2019” is presented to Council for endorsement.

9.3.2 RECOMMENDATION / COUNCIL RESOLUTION 080819 Moved Cr Tilbury / Seconded Cr Ross That Council: 1. Endorse the Accounts Paid:

a. PR5003, PR5032; b. EFT18343 – EFT18496; c. Direct Debits and Transfers as listed; and d. Trust Fund payments as listed, Totalling $961,812.63 for the period ending 31 July 2019.

CARRIED 7/0 8:14PM




9.3.3 Monthly Financial Reports for the Period Ending 30 June 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 30 June 20190F Executive Summary Council is requested to receive the Monthly Financial Report (containing the Statement of Financial Activity) for the period ending 30 June 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 Nil Legislative Implications State

Local Government Act 1995

Local Government (Financial Management) Regulations Local Nil Policy Implications Nil Financial Implications Nil 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 30 June 2019” is presented to Council for endorsement.

9.3.3 RECOMMENDATION / COUNCIL RESOLUTION 090819 Moved Cr Osborn / Seconded Cr King That Council receives the Monthly Financial Reports for period ending 30 June 2019, as per Attachment 1.

CARRIED 7/0 8:14PM




Item 9.3.4 was withdrawn from the meeting due to the attachments being unavailable for Council’s consideration. The item will be presented to the Ordinary Meeting of Council scheduled for 18 September 2019.

9.3.4 Monthly Financial Reports 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




9.4 CHIEF EXECUTIVE OFFICER

9.4.1 Register of Policies*

Applicant Shire of Chittering File ref 04/03/1 Prepared by Human Resources Coordinator Supervised by Chief Executive Officer Disclosure of interest Nil Voting requirements Simple Majority Attachments 1 Register of Policies amended Executive Summary A role of Council is to determine Local Government policies. These policies are reviewed annually, under the direction of the Chief Executive Officer. If any changes or amendments are required these are brought to Council for endorsement. Background In accordance with Section 2.7(2) of the Local Government Act 1995, Council is to determine the Shire’s policies. Staff have undertaken a review of the Shire’s Register of Policies and propose a number of amendments for Council consideration. Consultation/Communication Implications Local All staff have been given the opportunity to review the draft Register of Policies. State Nil Legislative Implications State

Local Government Act 1995, Part 2, Division 2 ‘Role of Council’ 2.7. Role of council

(1) The council—

(a) governs the local government’s affairs; and

(b) is responsible for the performance of the local government’s functions.

(2) Without limiting subsection (1), the council is to—

(a) oversee the allocation of the local government’s finances and resources; and

(b) determine the local government’s policies.

Local Governance compliance




Policy Implications State Nil Local

Administration Policy 1.1 Policy Register Financial Implications Nil 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 economic implications associated with this proposal. Environmental implications There are no known significant economic implications associated with this proposal. Officer Comment/Details Council is required to review its policies annually. It is recommended that the Council review the proposed amendments with a view to endorse the Register of Policies, as per Attachment 1. The following table shows the changes to the Register:

Amendments / Reasons Policies Amended

General formatting, i.e. adding a full stop to the end of sentence

Various

Changes of position titles, i.e. Human Resources Officer is now Human Resources Coordinator; Community and Club Development Officer is now Community Development Coordinator; Club/Community Development Officer is now Community Development Coordinator; Executive Support Officer is now Executive Assistant; Senior Planner is now Senior Planning Officer

1.1 Policy Register

1.2 Use of Civic Centre – Council Chambers

1.3 Australian Citizenship Ceremonies

1.4 Complaints Handling

1.5 Execution of Documents

1.6 Travel and Accommodation

1.13 Smoking, Other Drugs and Alcohol

1.14 Honorary Freeman of the Shire

1.17 Integrated Workforce Planning and Management Policy




Amendments / Reasons Policies Amended

1.18 OSH Fleet Safety and Motor Vehicle Guidelines

3.2 Bereavement Recognition

3.7 Staff Housing

3.18 Use of Council Vehicles

3.20 Training and Development

3.21 Study Assistance

3.22 Staff Superannuation

3.23 Attraction and Retention

3.24 Loss of Drivers’ Licence

4.6 Agenda Forums

4.7 Mobile Computing Devices and Electronic Agendas

6.1 Australia Day Awards

6.2 Education Scholarship Award

6.5 Financial assistance for residents involved in state/national sporting events

10.4 Clearing of Land

New policy to allow staff to make application for secondary employment which will not interfere with or prejudice their employment with Council.

Staff Policy 3.25 Secondary Employment

9.4.1 RECOMMENDATION / COUNCIL RESOLUTION 100819 Moved Cr Gibson / Seconded Cr Osborn That Council: 1. Endorses the Shire of Chittering Register of Policies, as per Attachment 1; and 2. Requests the Chief Executive Officer to prepare a timeline for the review of Council Policies by

the September Ordinary Meeting of Council.

CARRIED 7/0 8:17PM




9.4.2 Lower Chittering Sports & Recreation Facility: Update from Reference Group*

Applicant Shire of Chittering File ref 02/08/5 Prepared by Community Development Coordinator Supervised by Chief Executive Officer Disclosure of interest Nil Voting requirements Simple Majority Attachments 1 Community Update – Lower Chittering Sports and Recreation Facility

August 2019 Executive Summary Council is requested to note the update on the Lower Chittering Sports and Recreation Facility Reference Group. Background Council resolved at the Ordinary Council meeting on Wednesday 15 May 2019 the following:

14.1.4 OFFICER RECOMMENDATION / COUNCIL RESOLUTION 210519 Moved Cr Tilbury / Seconded Cr Osborn That Council: 1. appoints the following three community representatives:

a. Kerrie Read; b. Kathryn Mizzi; and c. Michelle Rossouw; and

2. recommends that the Principal (currently Lucas Hurley) be the representative from Immaculate Heart College (noting that a proxy representative might be appropriate on occasion);

to the Lower Chittering Sport and Recreation Facility Reference Group.

CARRIED 7/0 10:05PM

The Advisory Group is an important stakeholder engagement mechanism with the primary objective of contributing to the task of overseeing the Lower Chittering Sport and Recreation Facility Project, and [where required] make recommendations to the Chief Executive Officer and/or Council as per the Roles and Responsibilities outlined below:

Roles and Responsibilities a) The Group is to make recommendations to the Chief Executive Officer and/or Council on: b) development of a Communication Plan to guide how the Shire should share information

and seek input from stakeholders and community; c) Updated designs and reports regarding estimated cost, risk, and deliverables; d) The register of design changes, including impact to cost / size / scope; e) Final documented designs before presentation to Council for endorsement; f) Wherever timeliness allows, major variations (over $100,000 in cost, or exceed total

budget, or change in scope that affects functionality or purpose of area) for recommendation to the Chief Executive Officer/Council;

g) An Agreement of Operational Use and Costs Responsibility for the various Stakeholder Groups and for the various parts of the Facility; and

h) The development of a Facility Programming Framework outlining how the various users will utilise the Facility.




Council also resolved the following at the 19 June 2019 Ordinary Council Meeting:

14.1.3 OFFICER RECOMMENDATION / COUNCIL RESOLUTION 300619 Moved Cr Tilbury / Seconded Cr Osborn That Council: 1. Selects the tender from Hodge Collard Preston for provision of architectural services for the design

and supervision of the Lower Chittering Sports & Recreation Facility for the estimated sum of $433,890 (ex GST) as the preferred tender;

2. Enter into the proposed contract for Architectural Services (SC19-001) with Hodge Collard Preston, subject to satisfaction of the following conditions precedent: a. the Immaculate Heart College and the Shire of Chittering signing the Loan Agreement; and b. suitable quantities and qualities of water being located for potable and grounds reticulation

use, or a modified agreement with the Federal Government’s Building Better Regions Fund Grant coordinator.

3. Notes that the eventual fee paid to the architects will be based on the contract conditions and the percentage charge rate multiplied by the final cost of the Facility project;

4. Delegates authority to the Chief Executive Officer to negotiate the terms and to enter into a contract with Hodge Collard Preston;

5. Authorises the Chief Executive Officer to manage the Hodge Collard Preston contract, including the provision of possible variations (provided the variation is necessary in order for the goods or services to be supplied, does not change the general scope of the contract, and is managed within the Professional Fees component of the Facility’s budget);

6. Authorises the Shire President and/or Chief Executive Officer to sign the Contract and affix the Shire’s Common Seal (if required); and

7. In acknowledging that (a) securing confirmation of suitable quantities and qualities of water (as outlined in (2b) above) might take several weeks, and (b) that the grant condition requires the project’s completion by 30 June 2022, that the Council authorised the Chief Executive Officer to negotiate with Hodge Collard Preston, a short term arrangement where initial engagement for the provision of architectural services can commence (within the parameters of the proposed head contract for $433,890) to a maximum of $25,000.

CARRIED 4/2 BY AN ABSOLUTE MAJORITY

CR’S GIBSON AND ANGUS VOTED AGAINST THE MOTION 9:22PM

Consultation/Communication Implications Local The first formal meeting of the Lower Chittering Sports and Recreational Facility Reference Group occurred on 5 June 2019. The following agenda items were discussed:

Development of a Community Engagement Plan;

Operational use and costs responsibility;

Facility Programming Framework;

Building Design;

Building construction; and

Additional Functions to be considered.




Architects Hodge Collard Preston attended two reference group meetings on Thursday 4 July and Thursday 1 August to outline the process of the design. A community engagement plan is being finalised for the Project with the following activities undertaken to date:

The attached Community Update - Lower Chittering Sports & Recreation Facility August 2019 was circulated via the following means on Monday 5 August 2019. o Shire Website under the Project tab; o eChatter – 638 registered members; o Keep Me Posted – 54 registered members; o Community Development Community Contacts List – 69 local clubs and associations; and o Shire Facebook Page – published on 12 August 2019. It is expected that a Community Update will be circulated following each Reference Group meeting.

A Community Survey is being finalised and will be circulated to the community via the above outlined community engagement strategies once a final draft concept design has been confirmed by the reference group.

It is the intention of the Reference Group to hold a community information session once the concept plans have been finalised.

A register of interested community members who wish to be kept up to date on the project is being facilitated by the Shire’s Community Development Coordinator.

State Not applicable Legislative Implications State Not applicable Local Not applicable Policy Implications State Not applicable Local

Council Committee and Advisory Group Booklet, 3.1.5 Lower Chittering Sport and Recreation Facility

Project Advisory Group

Financial Implications Initial costings presented by Hodge Collard Preston have come in under budget. The Reference Group, in consultation with the Architect are determining priority aspects for the facility and will be seeking community input to the final design, ensuring that this is within budget. Community engagement strategies undertaken by the Reference Group may require some budgetary considerations as these have not been factored into the initial project budget outlined within the grant application to Building Better Regions Fund (BBRF) although, $173,648 has been allocated as staff time.




Strategic Implications Local

Strategic Community Plan 2017-2027 Focus Area: Our Community Objective S1.1 An active and supportive Community Strategy: S1.1.2 Develop and enhance existing recreation and social facilities for local

communities Objective: S2 Outcome: Strong sense of community Strategy: S1.2.3 Activate our local centres and towns Focus Area: Our built environment Objective: S3 Outcome: Development of local hubs Strategy: S3.1.1 Plan for new and enhanced community facilities

Objective: S3 Outcome: Improved infrastructure and amenities Strategy: S3.3.1 Improved asset management across all asset classes Focus Area: Strong leadership Objective: S5.1 An engaged community Strategy: S5.1.1 Encouraged and promote community engagement

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

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

Shire of Chittering Community Engagement Plan 2012

State Nil Site Inspection Not applicable Triple Bottom Line Assessment Financial implications As highlighted above, community engagement strategies undertaken by the Reference Group may require some budgetary considerations as these have not been factored into the initial project budget outlined within the grant application to BBRF although, $173,648 has been allocated as staff time.




Social implications The importance placed on community engagement by the members of the Lower Chittering Sports and Recreation Facility Reference Group is highlighted within the Shire of Chittering Community Engagement Plan, where there is a demonstrated commitment towards:

being open and accountable;

ensuring that the Shire and Council plan services that continue to meet Community needs;

enabling the Shire and Council to prioritise services and make better use of resources;

allowing the broadest range of views to be expressed;

ensuring the maximum amount of information is gathered prior to making decisions;

the Shire, Council and Community working together to achieve balanced decisions;

opportunities for the Community to contribute to and influence outcomes which directly affect their lives; and

via an open and familiar process which becomes easier for Community members to participate in. Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details The Community Update introduces the members of the Group, provides an update on what the Group has been discussing and how members of the community can be kept up-to-date with the Project.

RECOMMENDATION Moved Cr Tilbury / Seconded Cr Angus That Council receives the update from the Lower Chittering Sports and Recreation Facility Reference Group, as per Attachment 1.

AMENDMENT Moved Cr King That the format and content of the updates from the Reference Group be agreed with Council.

MOTION / COUNCIL RESOLUTION 110819 Moved Cr Tilbury / Seconded Cr Osborn That Council suspend Local Government (Council Meetings) Local Law 2014, Part 8 – Conduct of Members to allow free and open debate.

CARRIED 7/0 8:22PM

MOTION / COUNCIL RESOLUTION 120819 Moved Cr Tilbury / Seconded Cr Ross That Council resume the meeting in accordance with Local Government (Council Meetings) Local Law 2014, Part 8 – Conduct of Members.

CARRIED 7/0 8:31PM




AMENDMENT Moved Cr King That the format and content of the updates from the Reference Group be agreed with Council.

THE AMENDMENT WAS WITHDRAWN BY THE MOVER

9.4.2 RECOMMENDATION / COUNCIL RESOLUTION 130819 Moved Cr Tilbury / Seconded Cr Angus That Council receives the update from the Lower Chittering Sports and Recreation Facility Reference Group, as per Attachment 1.

CARRIED 5/2 CRS GIBSON AND KING VOTED AGAINST THE MOTION

8:33PM




9.4.3 Escorted Oversize Loads – Bindoon Townsite

Applicant Cr Aaron King File ref A11674 Prepared by Chief Executive Officer Supervised by Not applicable Disclosure of interest Nil Voting requirements Simple Majority Attachments Nil Executive Summary Council is requested to approve a letter being sent to Main Roads to request a Risk Assessment for the portion of Great Northern Highway within the Bindoon townsite. Background With the number of escorted oversize loads passing through the Bindoon townsite, there has been an increase in the number of near misses and collisions between vehicles. This is creating a safety issues for motorists driving on this section of the Great Northern Highway. Consultation/Communication Implications Local Nil State Craig Manton – Regional Manager, Main Roads Wheatbelt Legislative Implications State Nil Local Nil Policy Implications State Nil Local Nil Financial Implications Nil




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 While the Great Northern Highway is not a responsibility of the Shire of Chittering, the safety of the community is a responsibility.

9.4.3 RECOMMENDATION / COUNCIL RESOLUTION 140819 Moved Cr King / Seconded Cr Osborn That Council request the Chief Executive Officer to write to Main Roads Western Australia informing them of the near misses and requesting a Safety Audit be conducted for the portion of Great Northern Highway situated within the Bindoon Townsite.

CARRIED 7/0 8:37PM




10. REPORTS OF COMMITTEES

10.1 Chittering Bushfire Advisory Committee

10.1.1 Receiving of ‘Unconfirmed’ Minutes and Endorsement of the Fire Control Officers and CBFAC Members for 2019/20*

Applicant Shire of Chittering File ref 09/02/4 Prepared by Development Services Support Officer Supervised by Community Emergency Services Manager Disclosure of interest Nil Voting requirements Simple Majority Attachments 1 ‘Unconfirmed’ CBFAC Minutes

2 AGM Minutes for Muchea VBFB held 6 June 2019 3 AGM Minutes for Lower Chittering VBFB held 5 June 2019 4 AGM Minutes for Upper Chittering VBFB held 25 May 2019 5 AGM Minutes for Wannamal VBFB held 24 June 2019 6 AGM Minutes for Incident Support Brigade held 8 June 2019

Executive Summary Council is requested to receive the unconfirmed minutes from the Chittering Bush Fire Advisory Committee meeting held on Thursday 11 July 2019. Additionally, Council is also requested to endorse the Fire Control Officers and nominated members for the Chittering Bush Fire Advisory Committee for 2019/20. Background The Shire’s Volunteer Bushfire Brigades conduct their Annual General Meetings during the month of May each year. At the Annual General Meeting, brigade members are to be nominated to the Chittering Bushfire Advisory Committee to serve as Fire Control Officers for their Brigade until their next Annual General Meeting. Following the Chittering Bush Fire Advisory Committee meeting held on 11 July 2019 the Committee recommended the following to Council:

5.1 OFFICER / COMMITTEE RECOMMENDATION Moved Shelly Pannell/ Seconded Phill Humphry That the Chittering Volunteer Bush Fire Brigade recommends to Council the following appointments: 1. Fire Control Officer:

a. Shelly Pannell and Shane Robertson representing Muchea Volunteer Bush Fire Brigade. b. Max Brown and Graham Furlong representing Lower Chittering Volunteer Bush Fire Brigade. c. Aaron Cover and Gordon Carter representing Upper Chittering Volunteer Bush Fire Brigade. d. Scott Ormsby and Nic Walter representing Bindoon Volunteer Bush Fire Brigade. e. Kim Haeusler and Clayton Smith representing Wannamal Volunteer Bush Fire Brigade. f. Matthew Johns and Mark Smith representing the Shire of Chittering.

CARRIED UNANIMOUSLY




5.2 OFFICER / COMMITTEE RECOMMENDATION Moved Peter Watterston/ Seconded Graham Furlong That the Chittering Volunteer Bush Fire Brigade recommends to Council the following appointments: 1. Captain/Fire Control Officer

a. Peter Watterston, Captain Bindoon Volunteer Bush Fire Brigade. b. Richard Rose, Captain Wannamal Volunteer Bush Fire Brigade.

CARRIED UNANIMOUSLY

5.3 OFFICER / COMMITTEE RECOMMENDATION Moved Peter Watterston/ Seconded Aaron Cover That the Chittering Volunteer Bush Fire Brigade recommends to Council the following appointments: 1. Deputy Chief Bush Fire Control Officer:

a. David Wilson representing the South region. b. Phil Humphry representing the Central region. c. Kim Haeusler representing the North Region.

2. David Carroll as the Chief Bush Fire Control Officer.

CARRIED UNANIMOUSLY

9.1 OFFICER RECOMMENDATION That the Chittering Bush Fire Advisory Committee recommends to Council that membership effective 11 July 2019 is as follows: Moved David Wilson / Seconded Shelly Pannell

Delegate Deputy

Cr Peter Osborn Cr Carmel Ross

Matthew Gilfellon, Chief Executive Officer Nil

Dave Carroll, Community Emergency Services Manager/Chief Bush Fire Control Officer

Nil

David Wilson, Deputy Chief Bush Fire Control Officer - Southern Region

Nil

Phill Humphry, Deputy Chief Bush Fire Control Officer - Central Region

Nil

Kim Haeusler, Deputy Chief Bush Fire Control Officer - Northern Region

Nil

Peter Watterston, Bindoon Volunteer Bush Fire Brigade

Scott Ormsby, Bindoon Volunteer Bush Fire Brigade

Graham Furlong, Lower Chittering Volunteer Bush Fire Brigade

Max Brown, Lower Chittering Volunteer Bush Fire Brigade

Shelly Pannell, Muchea Volunteer Bush Fire Brigade

Shane Robertson, Muchea Volunteer Bush Fire Brigade

Aaron Cover, Upper Chittering Volunteer Bush Fire Brigade

Gordon Carter, Upper Chittering Volunteer Bush Fire Brigade

Richard Rose, Wannamal Volunteer Bush Fire Brigade

Clayton Smith, Wannamal Volunteer Bush Fire Brigade

Peter Hall, Chittering Incident Support Brigade Sam Murray-Whelan, Chittering Incident Support Brigade

CARRIED UNANIMOUSLY




Consultation/Community Implications Local Chittering Bush Fire Advisory Committee Muchea Volunteer Bushfire Brigade Lower Chittering Volunteer Bushfire Brigade Bindoon Volunteer Bushfire Brigade Upper Chittering Volunteer Bushfire Brigade Wannamal Volunteer Bushfire Brigade Chittering Incident Support Brigade State Nil Legislative Implications Local

Shire of Chittering Bushfire Brigades Local Law 2012 3.6 Holding of annual general meeting

A bush fire brigade is to hold its annual general meeting during the month of May each year.

3.7 Nomination of bush fire control officers to Bush Fire Advisory Committee

At the annual general meeting of a bush fire brigade, brigade member/s are to be nominated to the

Bush Fire Advisory Committee to serve as the bush fire control officer for the brigade until the next

brigade annual general meeting.

3.8 Minutes to be tabled before the Bush Fire Advisory Committee

(1) The brigade Secretary is to forward a copy of the minutes of the annual general meeting of a bush

fire brigade to the Chief Bush Fire Control Officer within one month after the meeting.

(2) The Chief Bush Fire Control Officer is to table the minutes of the bush fire brigade’s annual

general meeting at the next meet of the—

(a) Bush Fire Advisory Committee; or

(b) Council, if there is no Bush Fire Advisory Committee.

following their receipt under subclause (1)

3.9 Functions of Advisory Committee

The Bush Fire Advisory Committee is to have the functions set out in section 67 of the Act and is to

include such number of nominees of the bush fire brigades as determined by the local government.

3.10 Advisory Committee to nominate bush fire control officers

As soon as practicable after the annual general meeting of each bush fire brigade in the district, the

Bush Fire Advisory Committee is to nominate to the local government from the persons nominated by

each bush fire brigade a person for the position of a bush fire control officer for the brigade area.

3.11 Local government to have regard to nominees

When considering persons for the position of a bush fire control officer, the local government is to

have regard to those persons nominated by the Bush Fire Advisory Committee, but is not bound to

appoint the persons nominated.

3.12 Advisory Committee to consider bush fire brigade motions

The Bush Fire Advisory Committee is to make recommendations to the local government on all

motions received by the Bush Fire Advisory Committee from bush fire brigades.




State

Local Government Act 1995, s5.12 and s5

Bush Fires Act 1954

38 Local Government may appoint bush fire control officer

(1) A local government may from time to time appoint such persons as it thinks necessary to be its

bush fire control officers under and for the purposes of this Act, and of those officers shall

subject to section 38A(2) appoint 2 as the Chief Bush Fire Control Officer and the Deputy Chief

Bush Fire Control Officer who shall be first and second in seniority of those officers, and

subject thereto may determine the respective seniority of the other bush fire control officers

appointed by it.

(2A) The local government shall cause notice of an appointment made under the provisions of

subsection (1) to be published at least once in a newspaper circulating in its district.

(2E) A bush fire control officer appointed by a local government under the provisions of this section

shall be issued with a certificate of appointment by the local government or, if he is appointed

by the FES Commissioner, by the FES Commissioner.

(3) The local government may, in respect to bush fire control officers appointed under the

provisions of this section, exercise so far as they can be made applicable the same powers as it

may exercise in respect to its other officers, under the provisions of the Acts under which those

other officers are appointed.

(4) A bush fire control officer appointed under the provisions of this section shall, subject to such

directions as may be given by the local government, and subject to this Act take such measures

as appear to him to be necessary or expedient and practicable for —

(a) carrying out normal brigade activities;

[(b), (c) deleted]

(d) exercising an authority or carrying out a duty conferred or imposed upon him by any of

the provisions of Part III;

(e) procuring the due observance by all persons of the provisions of Part III.

(5A) A local government may issue directions to a bush fire control officer appointed by the local

government, or to an officer of a bush fire brigade registered by the local government to burn,

subject to the provisions of this Act, bush on, or at the margins of, streets, roads, and ways,

under the care, control and management of the local government.

(5B) The bush fire control officer, or officer of the bush fire brigade, may by authority of any

directions issued under subsection (5A) carry out the directions but subject to the provisions of

this Act.

(5C) The provisions of subsections (5A) and (5B) are not in derogation of those of subsection (4).

(6) In this section—

approved local government means a local government approved under subsection (7)by the

FES Commissioner.

43. Election and duties of officers of bush fire brigades

A local government which establishes a bush fire brigade shall by its local laws provide for the

appointment or election of a captain, a first lieutenant, a second lieutenant, and such additional

lieutenants as may be necessary as officers of the bush fire brigade, and prescribe their respective

duties.

[Section 43 amended by No.51 of 1979 s.5; No.14 of 1996 s.4.]




Policy Implications State Nil Local Nil Financial Implications Costs for the advertising of the appointed Fire Control Officers is included in the Shire’s 2019/20 Annual Budget. 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 Bush Fire 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/Committee Comment The Chittering Bush Fire Advisory Committee has considered the nominations that have been presented from each Brigade’s Annual General Meeting for the position of Fire Control Officer. The position of Chief Bushfire Control Officer is filled by the Shire’s Community Emergency Services Manager.




All Fire Control Officer positions from each Brigade become vacant annually in May, and it is the responsibility of each Brigade to provide their nominations to the Chittering Bush Fire Advisory Committee Secretary following their Annual General Meeting. The Officer/Committee Recommendation is reflective of the motions made during the Committee meeting held Thursday 11 July 2019.

10.1.1 COMMITTEE RECOMMENDATION/ COUNCIL RESOLUTION 150819 Moved Cr Osborn / Seconded Cr Ross That Council: 1. Receives the unconfirmed minutes of the Chittering Bush Fire Advisory Committee meeting held

on Thursday 11 July 2019. 2. Authorises t and publishes the following appointments in accordance with section 38 of the Bush

Fires Act 1954: a. Fire Control Officers:

i. Shelly Pannell and Shane Robertson representing Muchea Volunteer Bush Fire Brigade;

ii. Max Brown and Graham Furlong representing Lower Chittering Volunteer Bush Fire Brigade;

iii. Aaron Cover and Gordon Carter representing Upper Chittering Volunteer Bush Fire Brigade;

iv. Scott Ormsby and Nic Walter representing Bindoon Volunteer Bush Fire Brigade; v. Kim Haeusler and Clayton Smith representing Wannamal Volunteer Bush Fire

Brigade; and vi. Matthew Johns and Mark Smith representing the Shire of Chittering.

b. Captain/Fire Control Officers: i. Peter Watterston, Captain Bindoon Volunteer Bush Fire Brigade; and ii. Richard Rose, Captain Wannamal Volunteer Bush Fire Brigade.

c. Deputy Chief Bush Fire Control Officer: i. David Wilson representing the South region; ii. Phil Humphry representing the Central region; and iii. Kim Haeusler representing the North Region.

d. David Carroll as the Chief Bush Fire Control Officer. 3. Endorses membership of the Chittering Bush Fire Advisory Committee effective 19 July 2019 as

follows:

Delegate Deputy

Cr Peter Osborn Cr Carmel Ross

Matthew Gilfellon, Chief Executive Officer Nil

Dave Carroll, Community Emergency Services Manager/Chief Bush Fire Control Officer

Nil

David Wilson, Deputy Chief Bush Fire Control Officer - Southern Region

Nil

Phill Humphry, Deputy Chief Bush Fire Control Officer - Central Region

Nil

Kim Haeusler, Deputy Chief Bush Fire Control Officer - Northern Region

Nil

Peter Watterston, Bindoon Volunteer Bush Scott Ormsby, Bindoon Volunteer Bush Fire




Fire Brigade Brigade

Graham Furlong, Lower Chittering Volunteer Bush Fire Brigade

Max Brown, Lower Chittering Volunteer Bush Fire Brigade

Shelly Pannell, Muchea Volunteer Bush Fire Brigade

Shane Robertson, Muchea Volunteer Bush Fire Brigade

Aaron Cover, Upper Chittering Volunteer Bush Fire Brigade

Gordon Carter, Upper Chittering Volunteer Bush Fire Brigade

Richard Rose, Wannamal Volunteer Bush Fire Brigade

Clayton Smith, Wannamal Volunteer Bush Fire Brigade

Peter Hall, Chittering Incident Support Brigade

Sam Murray-Whelan, Chittering Incident Support Brigade

CARRIED 7/0 8:38PM

11. MOTIONS, OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

12. QUESTIONS FROM MEMBERS WITHOUT NOTICE

12.1 Previous questions from Members without notice asked at the Ordinary Council Meeting held on 20 July 2019

12.1.1 Lower Chittering Sports Facility and the Sale of the Land to Immaculate Heart College – Cr Aaron King

Can the Chief Executive Officer advise if previous decisions of Council pertaining to the Lower Chittering Sports Facility and the Sale of Land to Immaculate Heart College (IHC) are “in force” given the Shire’s failure to follow due process and comply with S3.59 of the LGA 1995. Note s. 3.59

(5) After the last day for submissions, the local government is to consider any submissions

made and may decide* to proceed with the undertaking or transaction as proposed or

so that it is not significantly different from what was proposed. * Absolute majority required.

(5a) A notice under subsection (4) is also to be published and exhibited as if it were a local

public notice.

(6) If the local government wishes to commence an undertaking or transaction that is

significantly different from what was proposed it can only do so after it has complied

with this section in respect of its new proposal.




For clarity, Council resolutions pertaining to the Lower Chittering Sports Facility are listed below:

Meeting Type

Date Month Year Item No Agenda

Page No

Resolution Resolution

No

OCM 19-Apr-18 April 2018 9.4.1 Proposed Lower Chittering Sports and Community Centre Project: Stage 1*

24 Carried 7/0

70418 Pre- Grant

OCM 17-Oct-18 October 2018 9.4.6 Lower Chittering Sports and Recreation Facility*

53 Carried 7/0

141018 Pre- Grant

OCM 20-Mar-19

March 2019 9.4.3 Lower Chittering Sport & Recreation Facility - Stage 1

56 Carried 6/0

260319 Post Grant Approval

OCM 17-Apr-19 April 2019 9.4.3 Lower Chittering Sport and Recreation Facility - Stage 1

40 Carried 4/3


OCM 15-May-19

May 2019 9.4.2 Lower Chittering Sport & Recreation Facility: Immaculate Heart College Self-Supporting Loan

42 Carried 4/3


OCM 15-May-19

May 2019 14.1.4 CONFIDENTIAL ITEM: Lower Chittering Sport & Recreation Facility Project Advisory Group*

51 Carried 7/0


OCM 19-Jun-19 June 2019 9.4.2 Lower Chittering Sport & Recreation Facility: Immaculate Heart College Self-Supporting Loan Agreement*

45 Carried 5/1


OCM 19-Jun-19 June 2019 14.1.3 CONFIDENTIAL ITEM: RFT SC19-001 Assessment - Provision of Architectural Services - Lower Chittering Sport and Recreation Facility Project*

63 Carried 4/2


Response from the Chief Executive Officer In regards to prior decisions of Council forming ‘intent’, which would then breach Section 3.59 of the Local Government Act 1995. Advice received from the Department of Local Government is that a Council is allowed to make pre-cursor or preparatory decisions prior to deciding to enter into a Major Land Transaction. It is impossible not to as the decision to develop the business case required to meet the requirements of Section 3.59 would be a decision that shows an intention to enter into the Major Land transaction.




12.1.2 Lower Chittering Sports Facility Architectural Design Works – Cr Aaron King

Will the Chief Executive Office suspend all architectural design works on the Lower Chittering Sports Facility pending (1) receipt of public submissions on 20th August 2019, (2) a confirmed long-term sustainable water supply (and quality) meeting the total project water requirements by an independent hydrologist, (3) an approved water licence issued by DWER? Response from the Chief Executive Officer No. Under the Local Government Act my duty is to cause Council decisions to be implemented. There is a Council decision to spend up to $25,000 on the design, and I will continue to carry out that decision.

12.1.3 Land Transactions of Shire properties – Cr Aaron King

Can the Chief Executive Officer advise if the following previous transactions qualify for compliance with S3.58 or S3.59 of the LGA 1995 and confirm that this was done? 1. Sale of property – Portion of Lot 89 Koomal Street, Bindoon (previously part Lot 62 Great

Northern Highway) (WA Retirees)

2. Re-Purchase of property – Portion of Lot 89 Koomal Street, Bindoon (previously part Lot 62

Great Northern Highway) (March 19)

3. Purchase of Property – Lot 168 Binda Place, Bindoon (old Bindoon bakery) (July 2017)

4. Purchase of Property – Lot 215 Great Northern Highway, Bindoon (land behind Bindoon

oval) (July 2017);

5. Leasing (Disposal) of Property – 21 Binda Place, Bindoon (old medical centre) (November 17)

6. Sale of the Shire owned house – Lot 121 (RN 6169) Great Northern Highway, Bindoon (Sept

2018);

7. Transfer of Land for New Ambulance Station (July 2018)

8. Lease of Property – Lot 168 Binda Place, Bindoon (November 2017)

Response from the Chief Executive Officer Section 3.59 relates to Commercial enterprises by Local Governments are in the form of either a Major Trading Undertaking or Major Land Transaction. For the Shire of Chittering a Major Land Transaction is one over 10% of its operating revenue for the previous financial year, which is approximately $1.2 million. The Shire is exempt from the requirements if it enters into the transaction without intending to make a profit and without intending to give another party any use rights. Section 3.58 requires the Shire to advertise the sale of land when it is not sold through a public action or via a public tender. Exemptions apply to sales of land to: a body of which the objects are charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; the Crown, department, agency or instrumentality of the crown or another local government. Details for recent land transactions are below.

Property Details Section 3.58 Section 3.59

1 89 Koomal Street exempt from the S3.58 process as it was disposed to a charitable body.

exempt from S3.59 as it was under 10% of the operating expenditure.

2 Re-purchase of Lot 89 Koomal Street

N/A does not apply to the purchase of property.


3 Purchase of Lot 168 Binda Place


N/A does not apply to the purchase of




Property Details Section 3.58 Section 3.59

property.

4 Purchase of Lot 215 Great Northern Highway



5 Leasing (Disposal) of 21 Binda Place

This is exempt from Section 3.58 as it is leased to a department, agency or instrumentality of the Crown

N/A value is under the threshold.

6 Disposal of Lot 121 Great Northern Highway

The Section 3.58 Process was undertaken.


7 Sale of Land for Ambulance Station

The sale has not yet taken place, but we have commenced the process required for a Section 3.58


8 Lease of Property 168 Binda Place

This transaction is not straightforward. The lease that is in operation commenced before Council purchased the property, so Council took over the lease that was already in place. There is no specific exemption for this situation, but conversely it is not clear if this would constitute a disposal of property when the lease was an annexure to the purchase of the property.


12.2 Questions from Members without Notice asked at the Ordinary Meeting of Council held on 21 August 2019

12.2.1 Cost Benefit Analysis of the Lower Chittering Sports and Recreation Project – Cr Aaron King

Why was a full CBA (Cost Benefit Analysis) over the life span (or at a minimum over the 20 year loan period) of the Lower Chittering Sports and Recreation Project NOT undertaken by the Shire, considering it is widespread general practice across all levels of government to undertake a rigorous CBA on infrastructure project?

12.2.2 Project Reference Group of the Lower Chittering Sports and Recreation Reference Group – Cr Aaron King

What measures has the Shire undertaken to ensure optimism bias has not occurred in relation to the Lower Chittering Sports and Recreation Project, particularly with regard to the establishment of the original ‘Project Reference Group’ and further more the recent appointment of the Lower Chittering Sports and Recreation Reference Group. In particular what processes and mitigation strategies have been implemented by the Shire to ensure that these 2 groups, plus other interested parties are NOT or HAVE NOT been able to influence the way in which the information has or will be collected, the research or studies undertaken or how the project is carried out?




12.2.3 Overestimated Projected Demand and Expenses/Revenue of the Lower Chittering Sports and Recreation Sports Facility Project – Cr Aaron King

In light of the overestimated projected demand and expenses/revenue for this project compared to what has been recently reported in the current business case, what measures and processes will the Shire adopt to test and ensure the robustness of outcomes to changes in variables or assumptions in the business case; ensure a clear statement of the assumptions underpinning the analysis has been provided and considered; and that due process has been undertaken in relation to the identification of the results of comparable projects carried out elsewhere?

12.2.4 Business Plan Amendment – Cr Aaron King

When will the Shire be publishing an amendment to the Business Plan (that was recently out for public comment) to inform and advise the public of the actual contribution of IHC, not the reported contribution of IHC as documented incorrectly in the Business Plan?

12.2.5 Funds Received from the Sale of Land – Cr Aaron King

On what basis or ruling can the Shire include the provision of funds to be received from of the sale of land to be included as IHC’s contribution towards the Sports and Rec Centre Project, in light of the Hon Rita Saffioti’s media statement released on Wednesday, 12 December 2018, in which it states “Three hectares of land to be made available to Shire of Chittering for on-sale to the Immaculate Heart College for the expansion of the college and for the sale proceeds to be used by the Shire of Chittering to fund the development of a new sport and community centre”?

12.2.6 Sale of Land Business Case – Cr Aaron King

Why has the Shire included the sale of land in the business case? When in fact it needs to be dealt with as a separate contract matter? If not why?

12.2.7 Water Licence with Water Corporation – Cr Aaron King

When will the Shire be informing the public that they have submitted and applied for a water licence with Watercorp in regards to the Lower Chittering Sports and Recreation Project as per discussions with Watercorp on the 15th Aug where it was confirmed that the Shire has already applied for a licence? Furthermore will the Shire be holding themselves to the same account and rigorous scrutiny regarding decisions made by the Shire in which the Shire strenuously objected to Clint O’Neil obtaining a water licence for commercial activity on environmental grounds and referred the matter to the EPA?

12.2.8 Advertising of the Project Proposal – Cr Aaron King

Why was the advertising of the project proposal only recently advertised? Should this have not been done previously when there is extensive evidence and a clear intent from the Shire to proceed with this project over the last 18 months. Evidence includes; several council minutes voting on and agreeing to the project, 2 feasibility studies, 2 businesses cases, BBRF grant application and recent conversations with Christian Porter, Water Corp, Shane Love and Darren West all stating that they were under the impression that this project was proceeding well before the Shire’s recent advertising.




12.2.9 Opportunity Cost Analysis – Cr Aaron King

Why has the Shire not undertaken a detailed opportunity cost analysis including canvasing local businesses within the Shire to analyses the project’s impact on business revenue both negative and positive, especially in relation to businesses that currently capitalise on additional traffic/patronage resulting from sporting activities in Bindoon/Chinkabee Complex? Will the Shire be undertaking this analysis? If not, why not, on what reasoning?

12.2.10 Actual Costs of the Proposed Lower Chittering Sports and Recreation Project – Cr Aaron King

What are the actual costs of the proposed Lower Chittering Sports and Recreation project over a 20 year period, taking into consideration present values?

12.2.11 Hurdle Rate – Cr Aaron King

What is the Shire’s hurdle rate in establishing the viability of this Project? Why?

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

MOTION Moved Cr Tilbury / Seconded Cr Osborn That Council, in accordance with c5.4(2) of Local Government Act 1995 hold a Special Meeting of Council to be held on Tuesday 27 August 2019 commencing at 7pm for the purpose of discussing: 1. Petition presented to Council on 21 August 2019 by the Muchea Hall User Group; 2. Major Land Transaction: Construction of Lower Chittering Sports and Recreation Facility and Use

Rights for Immaculate Heart College – Lot 99 Santa Gertrudis Drive, Lower Chittering; and 3. Disposal of Land Sale: Lot 99 Santa Gertrudis Drive, Lower Chittering. The meeting will be held at Council Chambers, Shire of Chittering, 6177 Great Northern Highway, Bindoon.

Cr Tilbury provided the following reasons: Given the lodgement of an urgent Petition for the immediate consideration of Council and this issue being of significant Community importance, determination of these issues need to be undertaken expeditiously.

PROCEDURAL MOTION / COUNCIL RESOLUTION 160819 Moved Cr King / Seconded Cr Osborn That the meeting adjourned at 8:43PM to allow for the review of the Local Government (Council Meetings) Local Law 2014, c5.4 New business of an urgent nature.

CARRIED 7/0 8:44PM




MOTION / COUNCIL RESOLUTION 170819 Moved Tilbury / Seconded Cr Ross That the meeting be resumed

CARRIED 7/0 8:48PM

MOTION Moved Cr Tilbury / Seconded Cr Osborn That Council, in accordance with c5.4 of Local Government (Council Meetings) Local Law 2014 hold a Special Meeting of Council to be held on Tuesday 27 August 2019 commencing at 6pm for the purpose of discussing:

1. Petition presented to Council on 21 August 2019 by the Muchea Hall User Group; 2. Major Land Transaction: Construction of Lower Chittering Sports and Recreation Facility and Use

Rights for Immaculate Heart College – Lot 99 Santa Gertrudis Drive, Lower Chittering; and 3. Disposal of Land Sale: Lot 99 Santa Gertrudis Drive, Lower Chittering.

The meeting will be held at Council Chambers, Shire of Chittering, 6177 Great Northern Highway, Bindoon.

MOTION Moved Cr King / Seconded Cr Gibson That the ruling of the Presiding Member be disagreed with in accordance with Local Government (Council Meetings) Local Law 2014, c11.10 Ruling of the Presiding Member to be disagreed with.

LOST 3/4 8:58PM

Cr King provided the following reasons: Don’t believe it is of an important and can be dealt with at the September ordinary meeting of council. The urgent nature is administration rushing through two significant transactions, and the petition was only received today. Have not proven that it is of an urgent nature and can be dealt with at the September Ordinary Meeting of Council.

MOTION Moved Cr Tilbury / Seconded Cr Osborn That Council, in accordance with c5.4 of Local Government (Council Meetings) Local Law 2014 hold a Special Meeting of Council to be held on Tuesday 27 August 2019 commencing at 6pm for the purpose of discussing: 1. Petition presented to Council on 21 August 2019 by the Muchea Hall User Group; 2. Major Land Transaction: Construction of Lower Chittering Sports and Recreation Facility and Use

Rights for Immaculate Heart College – Lot 99 Santa Gertrudis Drive, Lower Chittering; and 3. Disposal of Land Sale: Lot 99 Santa Gertrudis Drive, Lower Chittering. The meeting will be held at Council Chambers, Shire of Chittering, 6177 Great Northern Highway, Bindoon.




MOTION / COUNCIL RESOLUTION 180819 Moved Cr King / Seconded Cr Gibson That Council suspend Local Government (Council Meetings) Local Law 2014, Part 8 – Conduct of Members to allow free and open debate.

CARRIED 7/0 9:02PM

MOTION / COUNCIL RESOLUTION 190819 Moved Cr King/ Seconded Cr Gibson That Council resume the meeting in accordance with Local Government (Council Meetings) Local Law 2014, Part 8 – Conduct of Members.

CARRIED 7/0 9:11PM

MOTION / COUNCIL RESOLUTION 200819 Moved Cr Tilbury / Seconded Cr Osborn That Council, in accordance with c5.4 of Local Government (Council Meetings) Local Law 2014 hold a Special Meeting of Council on the week commencing Monday 26 August 2019 commencing at 7pm for the purpose of dealing with the following matters: 1. Petition presented by the Muchea Hall User Group to the Ordinary Meeting of Council on 21

August 2019; 2. Major Land Transaction: Construction of Lower Chittering Sports and Recreation Facility and Use

Rights for Immaculate Heart College – Lot 99 Santa Gertrudis Drive, Lower Chittering; 3. Disposal of Land Sale: Lot 99 Santa Gertrudis Drive, Lower Chittering; and 4. Questions from Members without notice asked by Cr Aaron King at the Ordinary Meeting of

Council held on 21 August 2019.

The meeting will be held at Council Chambers, Shire of Chittering, 6177 Great Northern Highway, Bindoon.


9:21PM




14. MEETING CLOSED TO THE PUBLIC

14.1 Matters for which the meeting may be closed

14.1 RECOMMENDATION /COUNCIL RESOLUTION 210819 Moved Cr Tilbury / Seconded Cr Osborn That Council moves into a confidential session to discuss item 14.1.1 “Ferguson House: Lot 91 (RN 6138) Great Northern Highway, Bindoon” under the terms of the Local Government Act 1995, section 5.23(2):

(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— (e) a matter that if disclosed, would reveal —

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

CARRIED 7/0 9:21PM

14.1.1 Ferguson House: Lot 91 (RN 6138) Great Northern Highway, Bindoon

Applicant Shire of Chittering File ref 02/02/0001 Prepared by Community Development Coordinator Supervised by Chief Executive Officer Disclosure of interest Nil Voting requirements Simple Majority Attachments Nil Reason for confidentiality

Local Government Act 1995, Section 5.23(2)(e) 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— (e) a matter that if disclosed, would reveal —

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




14.2 Public reading of resolution that may be made public

14.1.1 RECOMMENDATION / COUNCIL RESOLUTION 240819 Moved Cr Ross / Seconded Cr Osborn That Council: 1. Confirm Kidz First as the preferred lessee for lease of Ferguson House, Lot 91 (RN6138) Great

Northern Highway, Bindoon, and direct the Chief Executive Officer to proceed with the lease arrangements for the facility under the following conditions: a. a fixed term of five years; b. all relevant Shire approvals (e.g. Planning, Health and Building requirements, etc.) being

obtained by the Lessee; c. no structural changes without prior consent by the Shire; and d. commencement rental of $150/week (to be reviewed at the conclusion of each 12 months

period with the view to reaching a commercial rental at the earliest reasonable opportunity).

2. Authorises the Chief Executive Officer to:

a. secure as per Local Government Act 1995, S3.58, the relevant information (e.g. market valuations) and undertake the necessary public advertising; and

b. arrange for the development of a Standard “Commercial Lease” document that can be utilised for this Ferguson House Lease (and which can also be used as a base document for other future commercial type leases of the Shire); and

3. If there are no objecting submissions resultant from the S3.58 public advertising period, authorise

the President and Chief Executive Officer to execute the Lease document.


9:33PM

15. CLOSURE

The Presiding Member declared the meeting closed at 9:34PM.