shire of ashburton · agenda – ordinary meeting of council 7 21 july 2009 10.07.0 engineering...

AGENDA – ORDINARY MEETING OF COUNCIL 1 21 July 2009

SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING

AGENDA

Ashburton Hall, Ashburton Avenue,

PARABURDOO

21 July 2009


SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING Dear Councillor, Notice is hereby given that an Ordinary Meeting of the Council of the Shire of Ashburton will be held on Tuesday 21 July 2009 at the Ashburton Hall, Ashburton Avenue, Paraburdoo, commencing at 9.00am. The business to be transacted is shown in the Agenda. Keith Pearson CHIEF EXECUTIVE OFFICER 15 July 2009

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


1.07.0 DECLARATION OF OPENING ...................................................................................................................... 5

2.07.0 ANNOUNCEMENT OF VISITORS ................................................................................................................. 5

3.07.0 ATTENDANCE .............................................................................................................................................. 5

3.07.01 PRESENT ..................................................................................................................................................... 5

3.07.02 APOLOGIES ................................................................................................................................................. 5

3.07.03 APPROVED LEAVE OF ABSENCE .............................................................................................................. 5

4.07.0 PUBLIC QUESTION TIME ............................................................................................................................. 5

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

4.07.02 PUBLIC QUESTION TIME ............................................................................................................................ 5

5.07.0 APPLICATIONS FOR LEAVE OF ABSENCE ................................................................................................ 5

6.07.0 PETITIONS / DEPUTATIONS / PRESENTATIONS ........................................................................................ 6

6.07.01 PETITIONS ................................................................................................................................................... 6

6.07.02 DEPUTATIONS ............................................................................................................................................ 6

6.07.03 PRESENTATIONS ........................................................................................................................................ 6

7.07.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ........................................................................... 6

7.07.01 ORDINARY MEETING OF COUNCIL HELD ON 16 June 2009 ..................................................................... 6

8.07.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION ............................................. 6

9.07.0 DECLARATION BY MEMBERS .................................................................................................................... 6

10.07.0 ENGINEERING SERVICES REPORTS ....................................................................................................... 7

10.07.16 DUCK CREEK ROAD – ROAD CLOSURE .................................................................................................. 7

10.07.17 TOM PRICE PRIMARY SCHOOL – CONVERSION OF CREEK ROAD INTO ONE WAY THROUGHFARE ........................................................................................................................................ 10

10.07.18 SHIRE ADMINISTRATION BUILDING TEMPORARY OFFICE .................................................................... 13

10.07.19 SUBMISSIONS FOR MAJOR BUSINESS UNDERTAKING – NANUTARRA MUNJINA ROAD RECONSTRUCTION .................................................................................................................................. 16

10.07.20 ENGINEERING SERVICES DECISION STATUS REPORT ........................................................................ 19

11.07.12 LOCATION OF ENTRY STATEMENT – TOM PRICE ................................................................................. 22

11.07.13 COMMUNITY CULTURAL & SPORTS GRANTS & SPONSORSHIP ........................................................... 25

11.07.14 COMMUNITY & ECONOMIC SERVICES DECISION STATUS REPORT .................................................... 28

12.07.0 CORPORATE SERVICES REPORTS ......................................................................................................... 32

12.07.35 USE OF COMMON SEAL UNDER DELEGATED AUTHORITY ................................................................... 32

12.07.36 DELEGATED AUTHORITY REVIEW .......................................................................................................... 34

12.07.37 OCTOBER 2009 ORDINARY ELECTIONS – APPOINTMENT OF ELECTORAL COMMISSIONER ......... 37

12.07.38 REQUEST FOR WRITE OFF OF MISCELLANEOUS DEBTORS ................................................................ 40

12.07.39 NATIVE TITLE APPLICATIONS ............................................................................................................... 43

12.07.40 FUNDING OF PROPOSED PERGOLAS, BELLARY, WAKUTHUNI AND YOUNGALEENA ABORIGINAL COMMUNITIES .................................................................................................................... 49


12.07.41 STATE GOVERNMENT – ROYALTIES FOR REGIONS GRANT PROGRAM........................................... 52

12.07.42 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FOR MAY & JUNE 2009 ........................ 56

12.07.43 CORPORATE SERVICES STATUS REPORT............................................................................................. 58

13.06.0 DEVELOPMENT SERVICES REPORTS ..................................................................................................... 65

13.07.29 REVOCATION OF APPROVAL FOR „ALFRESCO DINING‟ FACILITIES GRANTED TO THE KARIJINI CAFÉ PREMISES (LOCATED AT LOT 2 ON STRATA PLAN 13318, TOM PRICE) ................... 65

13.07.30 DRAFT TOWN PLANNING SCHEME AMENDMENT– MODIFICATIONS TO THE MINIMUM LOT SIZE PROVISIONS IN „INDUSTRIAL‟ ZONES ......................................................................................... 68

13.07.31 PLANNING APPLICATIONS (2) – CONVERSION OF OUTBUILDINGS TO SINGLE BEDROOM DWELLINGS (GROUP HOUSING) AT LOT 418 CAMERON AVENUE, ONSLOW ..................................... 72

13.07.32 PROPOSED RESIDENTIAL BUILDING, NO. 66 (LOT 403) CAMERON AVENUE (CORNER THIRD AVENUE), ONSLOW .................................................................................................................................. 78

13.07.33 TOWN PLANNING POLICIES REVIEW ..................................................................................................... 84

13.07.34 PLANNING APPLICATION – „TRANSIENT WORKFORCE ACCOMMODATION‟ USE AT LOTS 15 & 16 TUREE, PARABURDOO ................................................................................................................ 89

13.07.35 PLANNING AND DEVELOPMENT REGULATIONS 2009 - ENFORCEMENT AND LEGAL PROCEEDINGS (INFRINGEMENT NOTICES) ...................................................................................... 93

13.07.36 DEVELOPMENT APPROVALS ISSUED UNDER DELEGATION – SHIRE OF ASHBURTON TOWN PLANNING SCHEME NO.7 ........................................................................................................................ 97

13.07.37 PLANNING APPLICATION AND STATE ADMINISTRATION TRIBUNAL MEDIATION OUTCOMES – OVER SIZED SHED AT LOT 221 COGELUP WAY, TOM PRICE. ....................................................... 100

13.07.38 DEVELOPMENT SERVICES DECISION STATUS REPORT..................................................................... 106

14.07.11 WESTERN OPERATIONS DECISION STATUS REPORT ........................................................................ 118

15.07.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING ...................... 124

16.07.0 CONFIDENTIAL REPORTS....................................................................................................................... 124

16.07.10 CONFIDENTIAL ITEM SHIRE ADMINISTRATION – CORPORATE STRUCTURE .................................. 125

17.07.0 NEXT MEETING ........................................................................................................................................ 125

18.07.0 CLOSURE OF MEETING ........................................................................................................................... 125


1.07.0 DECLARATION OF OPENING

2.07.0 ANNOUNCEMENT OF VISITORS

3.07.0 ATTENDANCE

3.07.01 PRESENT

Cr L Corker Shire President, Ashburton Ward Cr L Rumble Deputy Shire President, Paraburdoo Ward Cr I Dias Paraburdoo Ward Cr L Thomas Tableland Ward Cr K White Onslow Ward Cr T Bloem Tom Price Ward Cr C Fernandez Tom Price Ward Mr K Pearson Chief Executive Officer Mr J Breen Executive Manager Engineering Services Ms A O‟Halloran Executive Manager Western Operations Mr L Softley Executive Manager Community & Economic Services Mrs P Hanson Executive Assistant CEO

3.07.02 APOLOGIES

3.07.03 APPROVED LEAVE OF ABSENCE

Cr G Musgrave Tom Price Ward Cr S Dann Pannawonica Ward

4.07.0 PUBLIC QUESTION TIME

4.07.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

4.07.02 PUBLIC QUESTION TIME

5.07.0 APPLICATIONS FOR LEAVE OF ABSENCE


6.07.0 PETITIONS / DEPUTATIONS / PRESENTATIONS

6.07.01 PETITIONS

6.07.02 DEPUTATIONS

6.07.03 PRESENTATIONS

7.07.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

7.07.01 ORDINARY MEETING OF COUNCIL HELD ON 16 June 2009

Officers Recommendation That the Minutes of the Ordinary Meeting of Council held on 16 June 2009, as previously circulated on 24 June 2009, be confirmed as a true and accurate record.

8.07.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION

9.07.0 DECLARATION BY MEMBERS

That Councillors have given due consideration to all matters contained in the Agenda presently before the meeting.


10.07.0 ENGINEERING SERVICES REPORTS

10.07.16 DUCK CREEK ROAD – ROAD CLOSURE

FILE REFERENCE: ES.RM7 AUTHOR’S NAME AND POSITION:

Kardeen Black Engineering Officer

NAME OF APPLICANT/ RESPONDENT:

Mr & Mrs M Avery, Lessees of Mt Stuart Station

DATE REPORT WRITTEN: 24 June 2009 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter

PREVIOUS MEETING REFERENCE:

Agenda item 10.12.36 Ordinary Meeting of Council 16 December 2008

Summary Council previously resolved to close Duck Creek Road to traffic in accordance with Section 3.50 of the Local Government Act 1995, subject to comment being sought from the local stakeholders. Notice of the road closure, requesting submissions relating to the proposal be made by 19 th June 2009 was published in the West Australian on 30 May 2009 and the Pilbara News on 03 June 2009. Public notices were also placed on Shire noticeboards. No submissions were received.

Background

Council, at its December 2008 meeting considered a request by the lessees of Mt Stuart Station, Martin and Deborah Avery, to close Duck Creek Road to the public. The road is reportedly largely disused and is not maintained by the Shire under its Station Access Roads Agreement. The road‟s location is shown on the attached plan.

ATTACHMENT 10.07.16

Following its deliberations Council resolved “That Council

1. Agrees to close Duck Creek Road, and instructs the Chief Executive Officer to advertise its intention to do so.

Attachments/10.07.16%20Duck%20Creek%20Road%20-%20Road%20Closure.pdf


2. Subject to no objections being received to the closure of the road, instruct the Chief Executive Officer to close the road and remove it from the Shire road register.‖

Comment Duck Creek Road is not a gazetted road despite being registered as a Shire Road and is only a minor notation on shire maps. For this reason it is not subject to the requirements of the Land Administration Act. Despite this, it was considered prudent to advertise the intention to close the road to the public, in case there were any vested interests in the road remaining open that the Shire is unaware of. Notice of the road closure was published in the Western Australian on 30 May 2009 and the Pilbara News on 3 June 2009, requesting submissions relating to the proposal be made by 19 June 2009. No submissions were received. It is assumed that, once closed, any portions of the road will be absorbed into Mt Stuart Station. Any person wishing to use the road will need to obtain permission from the owners of Mt Stuart Station. Again, as this is not a gazetted road or dedicated road reserve, it will not affect the Station lease. Statutory Environment

Local Government Act 1995 Section 3.50 Policy Implications There are no policy implications relevant to this matter Financial Implications

The financial implications of this proposal are limited to administrative and advertising costs. Strategic Implications There are no strategic implications relative to this matter. Voting Requirement

Simple majority required.


Officers Recommendation

That Council, 1. Having noted that no submissions were received in response to public notice of the

proposed closure, proceed with the closure to vehicular traffic of Duck Creek Road to vehicular traffic in accordance with Section 3.50 of the Local Government Act 1995.

2. Instruct the Chief Executive Officer, to place signage to this effect, and advise Main Roads

Pilbara Region of Council‟s decision.

Author: Kardeen Black

Signature:

Manager: Jeff Breen

Signature:


10.07.17 TOM PRICE PRIMARY SCHOOL – CONVERSION OF CREEK ROAD INTO ONE WAY THROUGHFARE

FILE REFERENCE: TP.WT.857 AUTHOR’S NAME AND POSITION:

Jeff Breen Executive Manager Engineering Services


Not Applicable

DATE REPORT WRITTEN: 6 July 2009 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.


Agenda item 10.04.07 Ordinary meeting of Council 15 April 2008.

Summary

Council at its April 2008 meeting resolved to support, in principle, traffic management changes to the Tom Price Central Primary School precinct, including conversion of Creek Road into a one-way thoroughfare. As part of the April 2008 resolution The Chief Executive Officer was directed to seek public comment on the proposal to make Creek Road one-way and then report back to Council for final approval prior to making the street one-way.

Background

Council, at its April 2008 meeting considered a report in relation to traffic problems, in the vicinity of the Tom Price Central Primary School (TPCPS), at the start and finish of the school day. The report considered by council stated in part “Traffic congestion has long been a problem around Tom Price Primary School in the mornings and afternoons this poses a danger to pedestrian traffic alighting from cars and entering the school grounds. The proliferation of 4WDs makes the problem worse, with visibility of smaller children diminished by the size of the vehicle. Many parents drop their children in Creek Road, which is narrow and partly services by a narrow footpath on the opposite side of the road to the school. The pavement is 6 metres wise and the road reserve is 10 metres wide. This allows only for two way traffic with no opportunity for parking or widening for parking bays if a footpath is to be retained.


The volume of traffic attempting to stop in the street obscures line of sight for both drivers and pedestrians and creates a chaotic environment, which does not provide sage access for schoolchildren. It is not unusual for vehicles to be forced onto the footpath to negotiate around parked cars and oncoming traffic‖. The report noted that a number of alternatives in addition to the proposed one way street arrangement were being considered, however at the end of its deliberations Council resolved “That Council

1. Support in principle, the changes to school precinct and conversion of Creek Road into a One-Way thoroughfare.

2. Direct the CEO to seek public comment on the proposal to make Creek Road one way.

3. Report back to Council for final approval to proceed with making Creek Road One Way.‖

The proposed conversion of Creek Road to a one way street was subsequently advertised by State wide notice in the West Australian and Pilbara News and through public noticeboards as well as by Tom Price School offering information packages to parents. Submissions close on 10 July and at the date of this report there has been three submissions from the Tom Price Central Primary School Council, Parents and Citizens Association and a local resident.

ATTACHMENT 10.07.17

Comment

The problem of chaotic traffic in Creek Road has been apparent for many years. A number of actions have been implemented to alleviate the problem none with any great degree of success. The school administration, P&C and School Council have been trying to improve the situation in a cooperative manner but to no avail, as explained in the School Council‟s submission. The only other workable and sustainable solution is to convert Creek Road into a One-Way Street and allow formalised parking on the east side of Creek Road thereby reducing potential for vehicle/vehicle and pedestrian/vehicle conflict. A footpath and pedestrian point will allow children to be set down and picked up off the road or to cross safely to the existing path on the west side of Creek Road. Consultation

TPCPS Principal and Vice Principal P&F and School Council Members

Attachments/10.07.17%20Creek%20Road%20Submissions.pdf


Statutory Environment

It is pursuant to the provisions of Regulation 291 of Traffic Code 2000 Temporary closure of or restriction on the use of roads. Policy Implications

There are no policy implications relative to this issue.

Financial Implications

The works are budgeted to be completed this financial year and are subject to Black Sport Funding. Strategic Implications

Maximise the use of existing Educational facilities and services. Voting Requirement

Simple Majority Required Officers Recommendation

That Council 1. Resolve to support the proposal to convert Creek Road into a one-way thoroughfare, in

an anti clockwise direction.

2. Direct the Chief Executive Officer to advise the Minister for Transport of Council‟s decision and request that Creek Road be formally made one-way.

Author : Jeff Breen

Signature :

Manager : Keith Pearson

Signature :


10.07.18 SHIRE ADMINISTRATION BUILDING TEMPORARY OFFICE

FILE REFERENCE: TP.PO.246 AUTHOR’S NAME AND POSITION:

Jeff Breen Executive Manager Engineering Services


Not Applicable

DATE REPORT WRITTEN: 13th July 2009 DISCLOSURE OF FINANCIAL INTEREST:



Not Applicable

Summary

The Shire‟s Tom Price office accommodation has reached crisis point with there being no further room to house additional staff. Indeed, existing staff are inadequately accommodated for. With the increase in Council activities in recent times a lack of office space may threaten delivery of works. It is proposed that a temporary office block be established to accommodate 10 people

Background

The Shire‟s Tom Price office has a number of deficiencies regarding staff accommodation. These include the disjointed layout, insufficient storage space an unappealing public image and, most importantly, insufficient office space for office staff . The Building Code of Australia and OS&H Act require certain levels of space and amenity in an office. For example, a minimum office space of 10m2 per employee is a requirement that is not being met. Over the past four years Council‟s budget has almost trebled. Further, in the past few months almost $20million in extra funding has been received through Royalties for Regions and Federal stimulus programs. It is expected that part of this funding will be used to leverage further funding for major infrastructure projects throughout the Shire.


There has also been a significant increase in Planning and Building applications as a result of the major gas projects that are proposed. This will be ongoing for some years as each of the proposed gas projects roll out. Private works are also contributing significantly to Shire revenue and work load. It is in this context that it is noted that the office is currently beyond its capacity with an attendant loss of productivity and efficiency. The recruitment and retention of staff in the past year has been more successful than previously when staff vacancies tended to mask the problem of a lack of office space. Comment

The delivery of Council programs and fulfilment of statutory responsibilities depend entirely on having staff to carry out the required work. The extra work that has been generated in recent times has been delivered through a combination of minor staff recruitment and some existing staff being overloaded. There is about to be a further significant step increase in activity and therefore work load. For example, an increase in activity requires an extra accounts payable position (no space available), a Corporate Services Manager is required (no space available), two finance people share one office, currently no office space is available for the trainee building surveyor, while extra activity will be required for a full time safety officer (no space available). Further the proposed major infrastructure projects proposed will need project and contract managers to run them (no space available). It is proposed to provide office accommodation for ten staff by installing a transportable office at the rear of the Shire office. The office will be composed of three 12m x 3m units joined as a single building. Work will include providing a doorway at the rear of the existing building to access the new office, a ramp up to the building, a new wall and two internal doorways. This will require relocation of the small shed in the rear of the office yard removal of two ficus trees and relocation of a palm. A plan and costings of the proposed extensions are attached

ATTACHMENT 10.07.18 The proposed building modifications will also allow rearrangement of the CEO‟s office to provide a small, workable meeting space. The total cost of the proposed works is estimated to be $180,000. Consultation

Manager Building Services Chief Executive Officer

Attachments/10.07.18%20Shire%20Office%20Extension.pdf



Local Government Act 1995 Policy Implications



$180,000 to be included in the 2009/10 capital budget. In the event of Council resolving to incorporate new shire offices into the proposed Tom Price Revitalisation Project the proposed temporary structures will have a significant but undefined residual value Strategic Implications

Strategic Plan 2004-09 Key Result Area – Best Practice Local Government Voting Requirement

Absolute Majority Required Officers Recommendation

That Council; 1. Approves the immediate installation of a 12metre by 3metre relocatable office building at

the rear of the existing Tom Price Office. 2. Allocates $180,000 plus GST in the 09/10 budget to complete the work.

Author : Jeff Breen

Signature :


Signature :


10.07.19 SUBMISSIONS FOR MAJOR BUSINESS UNDERTAKING – NANUTARRA MUNJINA ROAD RECONSTRUCTION

FILE REFERENCE: RO.NAWN and RO.MJWI AUTHOR’S NAME AND POSITION:

Jeff Breen Executive Manager Engineering services


Not Applicable

DATE REPORT WRITTEN: 03 June 2009

DISCLOSURE OF FINANCIAL INTEREST:

The author declares a financial interest that being that the author‟s wife is potentially the Project Manager for this work.


Agenda Item10.05.09, Ordinary Meeting of Council, 19 May 2009

Summary

The Shire has been requested to undertake private works by Hammersley Iron. Those works being the reconstruction of a 1400m section of Nanutara-Munjina Road. A Business Plan was prepared as required by the Local Government Act 1995 for a major Business Undertaking and presented at the May Council Meeting since then a public request for submissions has been made. Submissions closed on 29th June. Council‟s approval to proceed with the project is sought.

Background

Clause 3.59 of the Local Government Act 1995 requires a Business Plan to be produced for a Major Business Undertaking by a local Government. The Act stipulates the required contents of Plan and these issues are addressed by a Plan which is prepared for public comment. Hamersley Iron has requested the Shire of Ashburton to undertake works on its behalf to reconstruct a 1400m section of the Nanutarra Munjina Road which provides access to the Brockman 4 mine via Nameless Valley Drive (SOA Road) and White Quartz Road (RTIO private road). Works include realigning and sealing the road and the construction of a major floodway. The value of the work is in excess of $1 million which puts it into the Major Business Undertaking category, as defined in Clause 3.59 of the Act.


The attached “Business Plan for the Major Business Undertaking – Nanutarra Munjina Road Reconstruction” was presented to Council at the May Council Meeting.

ATTACHMENT 10.07.19

Council endorsed the business plan and directed the Chief Executive Officer to advertise the business plan and receive submissions. . Comment

It is proposed to undertake the works under a similar arrangement as that applying to the recent works undertaken on Nameless Valley Road (i.e., cost plus 15%). This arrangement proved successful on that occasion. In particular, the terms of the agreement protected the Shire from any risk of loss. The subject Business Plan was advertised in the West Australian and Pilbara News. The statutory six week period for submissions was completed on June 29th and no submissions were received. The cost of work is estimated at $3.965 million with an estimated margin of $517,000. Consultation

Chief Executive Officer Executive Manager Engineering Services Contract Project Manager Statutory Environment

Local Government Act 1995 Section 3.59(2) and Section 3.59(3) Policy Implications



An income in excess of expenditure of $517,000 is expected. Strategic Implications

Strategic Plan 2004-09 Key Result Area – Best Practice Local Government Voting Requirement


Attachments/10.07.19%20Business%20Plan%20Nanutarra-Munjina%20Rd.pdf


That Council;

1. Approve the Business Plan for the Munjina –Nanutarra Rd Reconstruction 2. Approve the commencement of the project.

Author :Jeff Breen

Signature :


Signature :


10.07.20 ENGINEERING SERVICES DECISION STATUS REPORT

#

Council Meeting

(mm/yy)

Agenda Ref.

Report Title Council Decision Current Status

1 05/09 10.05.09 Business Plan for a Major Business undertaking Nanutarra Munjina Road Reconstruction

That Council; 3. Endorses the Business Plan for a Major Business

Undertaking – Nanutarra Munjina Rd Reconstruction

4. Directs the Chief Executive Officer to advertise the Business Plan and receive submissions

5. Directs the Executive Manager Engineering Services to report back to Council regarding submissions received at which time Council will consider approval or otherwise for the project.

Finalised Advertisement placed 23

rd

May, 2009 Submissions due 29

th June

2009 Subject of a report to July 09 meeting

2 04/09 10.04.06 Temporary Road Closure – Yampire Gorge Road

1. That Council approves the advertising of the

temporary closure of Yampire Gorge Road (all

sections) for an additional period of eighteen

months, in accordance with the provisions of the

Local Government Act.

2. Review Council Policy EMP02

3. Include in next budget review the cost of required

work for road maintenance of Yampire Gorge

Road.

Ongoing Advertising ends 19

th June

2009. Subject to a report August 09 meeting.

3. 04/09 10.04.07 Warara Street – Major Land Transaction and Shire Development

That Council:- 1. Advise the Department of Planning and

Infrastructure that the Council of the Shire of Shire of Ashburton accepts the offer of purchase price of $230,000.00 (including GST) as outline in its letter of 27 January 2009 for Lot 327 Warara Street, Tom Price.

2. Allocate funding including of up to $240,000 for the purchase of Lot 327 Warara Street, including

Ongoing Contract of Sale forwarded to DPI for finalisation. Meeting held with DH&W regarding purchase of land or land house package. Formal response required to


#

Council Meeting

(mm/yy)

Agenda Ref.


legal and transfer costs, from general revenue.

3. Instructs the CEO to prepare a Business Plan for the development of Lot 327 Warara Street Tom Price, in accordance with the provisions of Clause 3.59 of the Local Government Act

finalise Business Plan. Business Plan subject of report to Council August meeting. Legal advice being sought regarding contract

4 07/07 10.07.19 Residential Land Development – Tom Price

That Council approves the staged development and sale of residential land in Tom Price as generally outlined in the report, subject to the costing of the project being incorporated into the Shire‟s budget for the 2007/08 financial year.

Ongoing Business Plan being prepared. Valuation being undertaken by Landgate but not yet available..

5 05/07 10.05.13 Proposed Sale of Land – Lot 308 Boonderoo Road, Tom Price

That Council; 1. Directs the EMES to carry out a preliminary

subdivision design for the vacant Lot 308 Boonderoo Rd land owned by the Shire.

2. Directs the EMES to seek a valuation of the

proposed subdivision and prepare a detailed cost estimate for all works including survey, design and construction.

3. Subject to financial viability, directs the CEO to

call tenders for the subject land subject to the proviso that subdivision of the land, availability of title and provision of services be completed within 6 months of the sale, and the tender be on the basis that there is no requirement to accept any tender

Ongoing Business Plan and Development plan in process of preparation. Valuations by Landgate in progress. Proposed plan of subdivision being reconfigured to allow improved yield. Awaiting re-design to enable report to Council.

6 04/07 10.04.07 Relocation of Onslow Landfill

1. That the new Onslow Landfill Site be located adjacent to Onslow Road, 17km from Onslow as identified as Site 3 by the consultant, Sinclair Knight Mertz in its report titled „Onslow Landfill Options‟ subject to environmental approvals

Ongoing Monitoring bores completed. Awaiting geotechnical report


#

Council Meeting

(mm/yy)

Agenda Ref.


being forthcoming. 2. That following relevant approvals being obtained

for Site 3, the site be used as the new Onslow Landfill Site. A Further transfer station be established on the existing landfill site in Eagle Nest Rd following closure and rehabilitation of that site.

3. That funds amounting to $100,000 be transferred from the Urban Road Maintenance Account No E121045 (Spent to Date $135,000 from budget $410,000) and that a new account be established to carry out further investigative works on Site 3 prior to seeking approvals and final design.

to proceed with approvals. Advised that this will be available mid July 2009. Land lease of new site being processed by DPI. Change of DPI personnel has delayed progress. .

Officers Recommendation That Council note the contents of this report


11.07.12 LOCATION OF ENTRY STATEMENT – TOM PRICE

FILE REFERENCE: CS IN 2 and CS IN 2/6 AUTHOR’S NAME AND POSITION:

Larry Softley Executive Manager Community & Economic Services.


Not Applicable




Agenda item 11.12.368 Ordinary Meeting of Council 6 December 2005.

Summary The matter of a town entry statement for Tom Price has a long history which has been marked by a lack of progress. This report recommends that Council approves of a working group of Councillors and staff with the express purpose of looking at all the options for the establishment of the Tom Price Entry Statement.

Background

The now defunct Tom Price Tourism Advisory Committee (which was a Committee of Council) actively pursued various options and designs for an Entry Statement to Tom Price. The Committee invited Public Submissions and consulted widely within the community. Further at its meeting on the 15 November 2005 The Committee adopted a proposal to install large boulders, to be donated and installed by Pilbara Iron, on both sides of Mine Road adjacent to the turn off to the Hospital. The boulders were to be installed by Pilbara Iron and the words “Welcome to Tom Price” and “Gateway to Karijini” were to be embedded with polished iron ore. The proposal also included native shrubs and plants with reticulation being provided by a trickle system. The Committee sought Council approval, in principle, for the Entry Statement in order to allow final costings and designs to be completed. Council at its Ordinary Meeting of Council on the 6 December 2005 resolved to the Tom Price Tourism Committee in its endeavours to establish a


Tom Price Entry Statement, but wished to consider further options relating to the Entry Statement location and the nature of the structure. The writer investigated previous Community Services status reports and noted that in a report to Councils Ordinary Meeting 15 December 2006 it was stated that the Tom Price Entry Statement had been referred back to the Tourism Advisory Committee, and the committee advised that it would to arrange a meeting with The Shire‟s Executive Manager, Engineering Services to discuss an action plan. The meeting did occur and the Tourism Advisory Committee was preparing a new plan to satisfy legal requirements. At Council‟s Ordinary Meeting of Council 18 September 2007, however, it was stated in the Community Service Status report that responsibility for progressing the matter of the Entry Statement was taken over by the committee of Tom Price Business Association and that the Business Association was waiting for designs from a sculptor. At Council‟s Ordinary Meeting of Council 16 December 2008 the Community Service Status report stated that discussions had taken place between EMCES and the Tom Price Business Association and that the project would be developed for presentation to Council for the consideration of a budget in the fiscal year 2009/2010. Further to Council‟s efforts, the Rio Tinto sponsored Tom Price Community Action Group (CAG) have had the Tom Price Entry Statement on its list of projects to promote for the last couple of years, however this group has not progressed the project, partly due to changes in membership. Comment

The writer has identified the haulpak site on the corner of Mine Road and the Tom Price to Paraburdoo Road as an option for the Tom Price Entry Statement. It is envisaged that the area could incorporate other elements including but not limited, to things like a much needed dumping station for caravanners waste deposits, “overnight” emergency parking bays for tourists that arrive into town after dark and perhaps even the visitors centre. There is also a need to move the current tourist information bay and associated paraphernalia from the corner of Mine Road and Doradeen Road, as this location is often taken up by large transports (including the fuel supply transport) making it impossible for tourist to access this area. CAG has been made aware of a possible safety issue with the original proposal to install large boulders, donated and installed by Pilbara Iron, on both sides of Mine Road adjacent to the turn off to the Hospital and as a result endorsed the investigation of the haulpak truck area. At a meeting with Cr Fernandez to inspect the haulpak site, the writer expressed his concept for the area. As a result Cr Fernandez has proposed a working group of Councillors and staff to investigate the options and method of community consultation. Consultation

Councillor Fernandez Chief Executive Officer Executive Manager Engineering Services Tom Price Community Action Group Tom Price Business Association



There is no legislation relative to this issue. Policy Implications

Council Policy REC07 – Shire of Ashburton Tourism Policy Financial Implications

It is proposed that Council allocate funds to this project from the 2009/2010 fiscal year budget.

Strategic Implications

Strategic Plan 2007/2011 Economic Growth & Diversity Voting Requirement

Simple Majority Required. Officers Recommendation

Council appoint Cr‟s......................, the Executive Manager, Community & Economic Services and the Executive Manager Engineering Services to a working group for the purpose of looking at all the options for the establishment of the Tom Price Town Entry Statement.

Author: Larry Softley

Signature:

Manager: Keith Pearson

Signature:


11.07.13 COMMUNITY CULTURAL & SPORTS GRANTS & SPONSORSHIP

FILE REFERENCE: FI.DO AUTHOR’S NAME AND POSITION:

Larry Softley Executive Manager Community & Economic Services.


Not Applicable




Agenda item 11.11.28 Ordinary Meeting of Council 18 November 2008. Agenda Item 11.03.04 Ordinary Meeting of Council 17 March 2009. Agenda item 11.04.06 Ordinary Meeting of Council 21 April 2009.

Summary

Council at its April 2009 meeting, requested that Council Policy REC08 Community Donations, Sponsorships and Funding be reviewed following the first round of Community Recreations and Community Grants being determined under the new Council Policy..

Background

Until November 2008 community donations were administered by the Executive Manager Community Services pursuant to Council Finance Policy FIN03 – “Contributions to Various Organisations”. At various times, however, Council had expressed concern with regards to this policy. Particular areas of concern were the lack of involvement by elected representatives and an associated perceived lack of transparency. Council at its Ordinary Meeting of Council 18 November 2008 resolved to:

1. Revoke the previous Council Policy FIN03 ―Contributions to Various Organisations‖ 2. Adopts the proposed Council Policy REC08 ―Community Donations, Sponsorships &

Funding‖


3. Instruct the Chief Executive Officer to call for submissions for the 2008/09 Financial Year Grants for consideration by Council at its meeting to be held on the 17 March 2009.

The 2008-09 financial year round of Community Recreation & Cultural Grants were advertised in the Pilbara News from November through to the close on 27th February, 2009. The applications submitted were presented to Council at its meeting held on the 17 March 2009, and Council resolved to appoint a Community Grants Working Party, President Leanne Corker, Cr Kerry White and Executive Manager Community & Economic Services Larry Softley to scrutinise the applications and make recommendations to the April 2009 meeting of Council. At that meeting Council resolved to accept the recommendations from the Community Grants Working Group and it also instructed the Chief Executive Officer to review the policy with the objective of reducing its complexity. Comment

The author, in consultation with Councillors has amended the grants policy in order to correct a few fundamental errors within the script of the policy. The associated guidelines have also been changed to reflect the alterations to the policy and the evaluation and acquittal reports have been condensed into one document to represent the “Recreation and Culture Grant Scheme” and to simplify the application process for Community members. The proposed amendments include some minor formatting and the removal of the word “individuals” within the paragraph under the heading “Objective” on page 1. Removal of the word “Sponsorship” and replaced with “Donations” as in Annual Community Donations under the heading of “Areas of Assistance” on page 2. Removal of the reference to “Annual Community Sponsorship” and replaced with “Recreation & Cultural Grants” in the first paragraph under “How to Apply” and the removal of the words “in excess of $1000” and replaced with “to the value of $5000 or more” in dot point 2 under the heading “Acquittal Requirements” on page 3. A copy of the amended policy and guidelines is attached.

ATTACHMENT 11.07.13 Consultation

Shire President Leanne Corker Councillors Chief Executive Officer Statutory Environment

Local Government (Financial Management) Regulations 1996 Functions and General Regulations 1996 Policy Implications

Council Policy REC08 Community Donations, Sponsorships & Funding Financial Implications

Attachments/11.07.13%20Policy%20REC08%20Community%20Donations.pdf


Donations and Community Contributions to be included in the 2009/2010 Budget. Strategic Implications

Strategic Plan 2007/2011 (Incorporating Plan for the Future) 6. A Well Managed & Contemporary Corporation

*Statutory Compliance, Compliance with Shire of Ashburton procedures and policies Voting Requirement


1. That Council adopts the amended Council Policy REC08 “Community Donations, Sponsorships & Funding”, including the Recreation & Culture Grant Scheme Guidelines.

ATTACHMENT 11.07.13

Author: Larry Softley

Signature:


Signature:

Attachments/11.07.13%20Policy%20REC08%20Community%20Donations.pdf


11.07.14 COMMUNITY & ECONOMIC SERVICES DECISION STATUS REPORT # Council

Meeting

(mm/yy)

Agenda

Ref. Report Title Council Decision Current Status

1. 05/09 11.05.09 Appointment of Bush Fire Control Officers

That Council 1. Request the BFAC carry out a review of all Fire

Control Officers (FCO) Positions within the Shire of Ashburton.

2. Request the Chief Bush Fire Control Officer and

Deputy Chief Bush Fire Control Officer (CBFCO‟s) approach members of the Onslow ESU and the Private VFRS brigades in Tom Price and Paraburdoo to obtain a list of interested parties.

3. Increase the number of FCO‟s appointed for the

Paraburdoo Area from two (2) to three (3) 4. Increase the number of FCO‟s in the Western Sector

of the Shire from two (2) to three (3)

Ongoing Process begun, nominations to be called at BFAC meeting in September & recommendations tabled at Council meeting in October.

2. 03/09 04/09

11.03.04 11.04.06

Community Cultural and Sports Grants and Sponsorship Community Cultural and Sports Grants and Sponsorship

That Council accept the recommendations from the Community Grants Working Group outlined in this report and instruct the CEO to advise the applicants of Council‟s decisions and award funding as set out in the recommendations, That Council

1. form a working group consisting of Cr Corker, Cr White

and Larry Softley, Executive Manager Community &

Economic Services to review and allocate budgeted

funds to those applicants that meet the grant criteria

and make recommendations to Council at its April

2009 meeting in relation to the grant applications

received, and

2. request the CEO to review the policy incorporating public comment.

Finalised Successful applicants have been notified and budgeted funds are being allocated. Unsuccessful applicants have also been notified. Community Grant Policy has been reviewed and circulated to Councillors. To be submitted to July 2009 Council meeting.

3. 11/08 15.11.01 Proposed Paraburdoo Mechanical Shovel Tourist Project

That Council: a) Support the installation of a “mechanical shovel” to be

gifted by Rio Tinto Ltd on the Paraburdoo Caravan Park site, subject to a satisfactory investigation into

Ongoing Rio Tinto has advised that the shovel will not be available until the second half of this


# Council Meeting

(mm/yy)

Agenda


the impact of the proposal on the proposed Paraburdoo Caravan Park and Public safety.

b) Delegation to the Chief Executive Officer the authority to make a final decision in relation to this matter after having regard to (a) and (ii) above and after consultation with Cr Linton Rumble and Cr Ivan Dias

calendar year.

4. 06/08 11.06.14 Proposal to Combine the Paraburdoo Shire Office and Paraburdoo Library

That Council: 1. Approve renovation costs estimated at $45,000 to

move the existing Paraburdoo Office, jointly occupied by United Credit Union (UCU) in the main shopping walkway, to a location next to the Paraburdoo Library with provision being made in the 2008/09 Budget;

2. Instruct the Chief Executive Officer to arrange a new five year lease agreement between the Shire of Ashburton and UCU for occupying the whole premises incorporating the following:

Rental value of $400.00 per week

UCU are to be responsible for their own utilities (i.e. Power and Water) and cleaning costs:

3. If negotiations are unsuccessful with UCU, instruct the Chief Executive Officer to call for Expressions of Interest for the lease of the building and report back to Council.

Ongoing Office now operational. Negotiations for new lease arrangements with UCU ongoing.

5. 05/08 11.05.08 Review of Council Policies – Recreation & Culture

Requests the Chief Executive Officer to conduct a further review in relation to Council Policies REC05 & REC07 and report back to Council.

Ongoing Administration Manager has reviewed a number of policies that have been adopted by Council and remaining policy reviews are awaiting legal advice.

6. 05/08 11.05.09 Proposed Tom Price Structure Plan & Town Centre Revitalisation Plans

That Council; 1. Form a Tom Price Structure Plan and Town Centre

Revitalisation Working Group, consisting of Cr Bloem, Cr Martin & Cr Fernandez, Chief Executive Officer, Executive Manager Community and Economic Services, Executive Manager Engineering Services, representative of Department for Planning & Infrastructure, representative of Department of

Ongoing Subject to State Government Statement 14 May 2009 Study Brief for urban design/architectural design being prepared


# Council Meeting

(mm/yy)

Agenda


Industry and Resources, representative of Department of Environment & Conservation, representative of Landcorp, representative of Rio Tinto Iron Ore P/L, and representative of Pilbara Development Commission

7. 1

10/08 02/08

11.10.26 11/02.01

Reconstruction of Vic Hayden Memorial Swimming Pool

1. Resolves to bring forward funding of $400,000 this fiscal year 2008/2009 for the construction of the smaller pool at the Vic Hayden Memorial Pool Tom Price.

2. Resolves to endorse the early start of construction (pending confirmation of RIFP funding) by ACS Pty Ltd for the construction of the smaller pool at the Vic Hayden Memorial Pool Tom Price

Council decision as at February 2008 That Council;

1. Directs the CEO to secure the necessary funding to refurbish the Vic Hayton Memorial Pool;

2. Providing that the necessary funds are available,

resolves to refurbish the Vic Hayton Memorial Pool generally in the following manner;

o Refurbishment of the existing pool, retaining it as a

50metre, six lane facility including removal of the surrounding upstand, increase in return water gutter capacity, installation of a semi-wet deck, installation of new waterstop joints, tiling and provision of new hardware

o Upgrade of balance tank and plant room including new pumps and filtration system and extension of plant room

o Demolition of existing toddler‟s pool and construction of new toddler‟s of semi – circular shape with radius 3.81m and depth 230mm to 300mm connected to a children‟s pool, being a rectangular pool with curved sides 6.1m x 12.8m and depth 760mm to 910mm.

o Demolition and construction of concrete concourse including new drainage

Ongoing Works currently in progress. Concrete work on children‟s pool completed. Old main pool has been cut back


# Council Meeting

(mm/yy)

Agenda


o Upgrade lighting to required standard o Refurbishment of existing office, kiosk, change rooms and

toilets; 3. Providing that the necessary funds are available, resolves to direct the Executive Manager Community & Economic Services to call a Design and Construct Tender for the works

8. 7 08/07 11.08.09 Expressions of interest reserve 39204 Tom Price (Archery Site)

That Council a) Invite expressions of interest from persons or

community groups interested in entering into a License Agreement to occupy Reserve 39204

b) That any proponent be required to seek necessary approvals and site clearance as part of their expressions of interest.

Ongoing Awaiting comment from DPI in regards to Management of Reserve and restrictions.

9. 9 12/05 11.12.368 Tom Price Entry Statement That Council grant approval to the Tom Price Tourism Committee for the establishment of a Tom Price Entry Statement on Mine Road Tom Price, and wishes to consider further options for the Entry Statement as these may relate to location and the nature of the structure.

Finalised Report included in July 2009 Agenda

Officers Recommendation That Council note the contents of this report


12.07.0 CORPORATE SERVICES REPORTS

12.07.35 USE OF COMMON SEAL UNDER DELEGATED AUTHORITY

FILE REFERENCE: AS.AS AUTHOR’S NAME AND POSITION:

Pam Hanson Executive Assistant CEO


Not Applicable




Not Applicable

Summary

This report details the use of the Common Seal of the Shire of Ashburton under Delegated Authority.

Background At the 11 April 2006 Council Meeting, Council noted the contents of a report which outlined a proposal to regularly inform Council of details relating to the use of the Common Seal. Comment

The Common Seal has been affixed to the following documents since 16 June 2009. Seal 296 Licence Agreement between Shire of Ashburton and Nameless Family Playgroup Seal 297 Purchase of Lot 327 on deposited plan 191090, Tom Price Consultation

Chief Executive Officer Statutory Environment

Section 9.49 of the Local Government Act 1995. Policy Implications


There are no policy implications relevant to this issue. Financial Implications

There are no specific financial implications related to this issue. Strategic Implications

Strategic Plan 2007-2011 (Incorporating Plan for the Future) 6 – Well Managed and Contemporary Corporation Statutory Compliance, compliance with Shire of Ashburton procedures and policies Voting Requirement


That Council note the contents of this report Author: Pam Hanson

Signature:


Signature:


12.07.36 DELEGATED AUTHORITY REVIEW

FILE REFERENCE: OR.DA AUTHOR’S NAME AND POSITION:

Teigan Don Project Officer CEO


Not Applicable

DATE REPORT WRITTEN: 7 July 2009




Not Applicable

Summary

A review of Council‟s Delegated Authority Register has been conducted in consultation with the Chief Executive Officer and relevant officers. The review concluded that new delegations need to be included in the Delegation Register and Council‟s approval is sought with respect to the same.

Background

It has become apparent when reviewing certain internal procedures that several delegations need to be added to the current Delegated Authority Register. Comment The register currently consists of delegations to the Chief Executive Officer, who is then able to sub-delegate to other staff e.g. Executive Managers, Principal Environmental Health Officer, Rangers etc. An outline of the recommended new delegations is outlined below, while copies of the proposed new delegations are attached.

ATTACHEMENT 12.07.36

The delegations proposed are:

Certificate of Local Planning Authority – pursuant to the Liquor Control Act 1988

Attachments/12.07.36%20Delegated%20Authority.pdf


These certificates are issued by a Local Government in response to applications to the Liquor Licensing Authority in relation to the issuing or amending of liquor licenses. The certificates certify the town planning status of the proposal. It is requested that, in accordance with Section 40 of the Liquor Control Act 1988, authorisation be given to the Chief Executive Officer, who may then sub-delegate to the Manager for Building Services, to sign Certificate‟s of the Local Planning Authority with respect to applications made in relation to applying for a grant or removal of a licence, or for a change in the use or condition of any premises (conditions apply, please see attachment).

Certificate of Local Government – pursuant to the Liquor Control Act 1988 These certificates are issued by a Local Government in response to applications to the Liquor Licensing Authority in relation to the issuing or amending of liquor licenses. The certificates certify the status of the proposal in relation to the Health Act. It is requested that, in accordance with Section 39 of the Liquor Control Act 1988, authorisation be given to the Chief Executive Officer, who may then sub-delegate to the Principal Environmental Health Officer, to sign Certificate‟s of the Local Government with respect to applications made in relation to applying for a grant or removal of a licence, or for a change in the use or condition of any premises (conditions apply, please see attachment).

Authority to Enter Upon and Inspect Land and/or Buildings Division 17, Section 420 of the Local Government (Miscellaneous Provisions) Act 1960 provides the Minister or the Building Surveyor of the Local Government, or a person appointed in writing by them, the power of entry and inspection. The appointed persons may at reasonable times enter and inspect buildings, completed or not, or land. It is requested that authorisation be given to the Chief Executive Officer, or a person authorised in writing by the Chief Executive Officer, to enter upon land and buildings to carry out duties under Section 420 of the Local Government (Miscellaneous Provisions) Act 1960 (conditions apply, please see attachment).

Consultation

Chief Executive Officer Principal Environmental Health Officer Manager Building Services Statutory Environment

Liquor Control Act 1988 Local Government (Miscellaneous Provisions) Act 1960


Policy Implications

There are no policy implications relevant to this issue.


There are no financial implications relevant to this issue. Strategic Implications

Strategic Plan 2007 – 2011 (Incorporating Plan for the Future) 6 – A Well Managed and Contemporary Corporation

4 – Statutory Compliance, Compliance with Shire of Ashburton Procedures and Policies Voting Requirement


That Council adopt the proposed Delegations in relation to

Certificates of Local Planning Authority – pursuant to the Liquor Control Act 1988

Certificates of Local Government – pursuant to the Liquor Control Act 1988

Authority to enter upon and inspect land and/or buildings pursuant to Section 420 of the Local Government (Miscellaneous Provisions) Act 1960, as per attachment 12.07.36

ATTACHMENT 12.07.36

Author : Teigan Don

Signature :


Signature :

Attachments/12.07.36%20Delegated%20Authority.pdf


12.07.37 OCTOBER 2009 ORDINARY ELECTIONS – APPOINTMENT OF ELECTORAL COMMISSIONER

FILE REFERENCE: OR.EL.3 AUTHOR’S NAME AND POSITION:

Donna Reid Administration Manager


Not Applicable




Not Applicable

Summary

Correspondence has been received from the WA Electoral Commission requesting that Councils give consideration to whether they will be conducting the 2009 Local Government Election as a postal or in person election. There are a number of factors which need to be considered in making this decision and are presented for Council‟s deliberation. It is recommended that the WA Electoral Commission appoint a returning officer and conduct the vote. It is also recommended that the election be conducted by postal vote.

Background

In accordance with the Local Government Act 1995, Local Government ordinary elections will be held on 17 October, 2009. Four Councillor terms are due to expire in October 2009 being Pannawonica (1), Tom Price (2) and Paraburdoo (1). The election held in 2007 was conducted by postal vote, with the Electoral Commission appointing a Returning Officer. Section 4.20(4) of the Local Government Act 1995 states: “(4) A local government may, having first obtained the written agreement of the Electoral

Commissioner, declare* the Electoral Commissioner to be responsible for the conduct of an election, or all elections conducted within a particular period of time, and, if such a declaration is made, the Electoral Commissioner is to appoint a person to be the returning officer of the local government for the election or elections.


* Absolute majority required.‖ Comment

The Administration has received notification from the WA Electoral Commissioner (correspondence attached 12.07.37) that Local Government Ordinary Elections are to be held on the 17 October 2009, with an estimated cost of $14,500 and the Commissioner also confirmed that if the Shire of Ashburton agrees, he would be responsible for the conduct of the Election.

ATTACHMENT 12.07.37

The Administration also received an estimated cost for the Election to be held as a voting in person election at $17,000 inc GST (correspondence attached).

ATTACHMENT 12.07.37a

The Shire of Ashburton has traditionally used the Western Australian Electoral Commission (WAEC) to conduct its elections and it is recommended that this continue as it keeps the political process independent of the Shire Administration.

The last day for the appointment of the Electoral Commissioner to conduct a postal election is the 29 July, 2009. A copy of the Election Timetable is attached.

ATTACHMENT 12.07.37 b Consultation

Not Applicable Statutory Environment

Local Government Act 1995 section 4.20(4) Local Government Act 1995 section 4.61(2) Policy Implications

There are no specific policy implications relative to this issue Financial Implications

The WAEC is required to operate on a full cost recovery basis, and has estimated a cost of $14,500 plus GST. This has been included in the 2009/2010 Draft Budget. Strategic Implications

There are no strategic implications relative to this issue Voting Requirement

Attachments/12.07.37%20Letter%20Local%20Gvt%20Elections.pdf

Attachments/12.07.37a%20Local%20Gvt%20Elections%20Letter.pdf

Attachments/12.07.37b%20Local%20Gvt%20Planner.pdf



That Council :

1. Declare, in accordance with section 4.20(4) of the Local Government Act 1995, the Electoral Commissioner to be responsible for the conduct of the 2009 Ordinary Elections together with any other elections or polls which may also be required; and

2. Decide, in accordance with section 4.61 (2) of the Local Government Act 1995 that the

method of conducting the election will be as a postal election.

3. Make provision for the expenditure of $15,000 on costs associated with 2009 Ordinary Elections.

Author: Donna Reid

Signature:


Signature:


12.07.38 REQUEST FOR WRITE OFF OF MISCELLANEOUS DEBTORS

FILE REFERENCE: FI.RE AUTHOR’S NAME AND POSITION:

John Pianta Finance Manager


Not Applicable




Not Applicable

Summary

The Local Government Act 1995 allows Council to write off any sum of money, where it is considered appropriate. Council has granted delegated authority to the Chief Executive Officer and Executive Manager Western Operations to write off amounts up to $1000. Any amount over $1000 must be approved for write-off by Council.

Background

Section 6.12 of the Local Government Act 1995 states: (1) Subject to subsection (2) and any other written law, a local government may —

(a) when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money;

(b) waive or grant concessions in relation to any amount of money; or (c) write off any amount of money, which is owed to the local government. * Absolute majority required.

(2) Subsection (1)(a) and (b) do not apply to an amount of money owing in respect of rates

and service charges.


(3) The grant of a concession under subsection (1)(b) may be subject to any conditions determined by the local government.

(4) Regulations may prescribe circumstances in which a local government is not to exercise a

power under subsection (1) or regulate the exercise of that power.” Comments

Three debtor amounts have been identified which it is proposed that Council consider writing off. Each of these proposed write offs has its origins in period when the Shire changed from the Authority Accounting System to the Quickbooks program They are; Tom Price Tourist Park (Kaussie Holdings Pty Ltd) Balances previously transferred from Authortiy. Receipts verifying payments were brought in by Tom Price Tourist Park in order for credits to be raised. The original documents cannot be located. The Executive Manager Economic & Community Services verified all details were correct. The total amount of funds involved is $7,048.53 Nicki D School of Performing Arts Invoice dates back to the Authority system (October/November 2004), previous employees have stated that payment was made although it has not been possible to confirm this. The total amount of funds involved $2,582.50 Unknown Deposit The Shire has no details to process this payment as there is no detail available in the earlier accounting systems. The total amount involved is $1,736.53 (credit) The records available for each of these transactions will be available at the Council meeting. Consultation

Chief Executive Officer Statutory Environment

Local Government Act 1995. Policy Implications

Policy DA008 Delegated Authority – Writing Off Debts Policy FIN13 Accounts Receivable Recovery Financial Implications

The total amount of debt under consideration to be written off is $7,894.50



There are no strategic implications relative to this issue. Voting Requirement


That Council:

1. Write off the amount outstanding of $7,048.53 relating to Tom Price Tourist Park – Kaussie Holdings Pty Ltd (Invoice 874 & 875)

2. Write off the amount of $2,582.50 relating to Nicki D School of Performing Arts. (Invoice 61)

3. Unknown Credit amount of -$1,736.53 (Invoice 938)

Author: John Pianta

Signature:


Signature:


12.07.39 NATIVE TITLE APPLICATIONS

FILE REFERENCE: LE.CA.3 AUTHOR’S NAME AND POSITION:

Teigan Don Project Officer CEO


Not Applicable





Agenda Item 12.03.10 at Ordinary Council Meeting of 17 March 2009

Summary

This report summarises the current status of litigation in relation to Native Title Applications which relate to land within the Shire of Ashburton. Council is requested to consider whether any of the discussed Native Title applications are of great significance and whether the Shire should instruct solicitors in order to protect its interests and assets.

Background

The Shire currently holds 21 files with respect to Native Title Applications. Of those 21 applications three matters have been determined, namely, those relating to the Thalanyji People, the Eastern Guruma People and the Ngaluma and Injbandi People. A further three matters relate to Indigenous Land Use Agreements (ILUA). At its Ordinary Meeting of 17 March 2009, Council resolved not to remain a party to the Wong-Goo-Tt-Oo Native Title Claim due to its very limited geographic impact on the Shire. On 8 April 2009, the Shire wrote to the Federal Court advising of Council‟s decision and accordingly, the Shire was removed from the application. Of the remaining ongoing Native Title Applications six applications have been referred to the Shire solicitors, Civic Legal, to ensure the Shire remains a party to the proceedings in order to protect its interests and assets and to maintain and develop a relationship with the indigenous groups. As per the Federal Court of Western Australia‟s database, there are presently five applications whereby the Shire no longer remains a party to the proceedings and three applications whereby


the Shire still remains a party to the proceedings and is currently maintaining a watching brief over each file. A copy of the National Native Title Tribunal‟s Location Diagram is attached for Council‟s reference outlining the boundaries for each Native Title Application.

ATTACHMENT 12.07.39

Comment

A summary of the Native Title Application‟s is detailed below: Yaburara and Mardudhunera People The Yaburara and Mardudhunera People lodged a Native Title Application with the National Native Title Tribunal (NNTT) on 1 August 1996. Presently the Yaburara Mardudhunera application is in Court-ordered overlap mediation with the NNTT, Wong-Goo-Tt-Oo People and Kuruma Marthudunera People, little progress has been made in relation to these claims. The State has initiated strikeout of portions of the claim extant within the external boundary of the Ngarluma Yindibarndi determination area. At the Pilbara Regional Directions Hearing of 3 February 2009 Orders were made that the matter be adjourned to take place at the next Regional Directions Hearing listed for 28 July 2009 at 10:00am. At a further Directions Hearing, which took place on 11 February 2009, orders were made that the State‟s motion dated 15 July 2008 and the joinder motion dated 4 August 2008 be listed for hearing during 10 June 2009 to 12 June 2009. The Hearing listed for 10 June 2009 was adjourned. No further Hearing date has been relisted. On review of the National Native Title Tribunal‟s Location Diagrams, this application is located predominantly between the Shire of Roebourne, Point Samson, Dampier and Cape Preston South to the Shire of Ashburton border and extends into the Shire of Ashburton North of Deepdale. It has no significant impact on any Shire assets. The Shire is currently not listed as a party to the proceedings and it is suggested that there is no need for the Shire to be a party to this claim. Gnulli People

The Gnulli People lodged a Native Title Application with the National Native Title Tribunal on 14 April 1997. The Shire was notified on 19 March 1998 that the Gnulli People had lodged an application which was to be determined in the Federal Court. We have been advised by Tom Weaver of the NNTT that the matter is an intermediate level claim and is about to enter into the research phase with respect to the connection progress. At the Pilbara Regional Directions Hearing of 3 February 2009 orders were made that the matter be adjourned to take place at the next Regional Directions Hearing listed for 28 July 2009 at 10:00am.

Attachments/12.07.39%20%20Native%20Title%20Maps.pdf


On review of the National Native Title Tribunal‟s Location Diagrams, this claim predominantly relates to an area near the Gascoyne Junction, Exmouth, Carnarvon, the Western half of the Upper Gascoyne and South of Onslow (coastal) within the Shire of Ashburton. While the proposed Ashburton North LIA is unaffected by this claim, the southern portion of the Straits Salt proposal is within the claim area. The Shire is currently not listed as a party to the proceedings and it is considered that there is no need for it. Thudgari People The Shire was notified on 5 May 2000 that the Thudgari People had lodged a Native Title Application with the National Native Title Tribunal (NNTT) on 18 November 1997. We have been advised by the NNTT that the matter is well advanced and is to enter into consent determination. At the Pilbara Regional Directions Hearing of 3 February 2009 Orders were made that the matter be adjourned to take place at the next Regional Directions Hearing listed for 28 July 2009 at 10:00am. On review of the National Native Title Tribunal‟s Location Diagrams, this claim straddles the intersection of the Shire of Ashburton, Carnarvon, Meekatharra and Upper Gascoyne Junction and includes part of the Glen Florrie Pastoral Station. It has no significant impact on any Shire assets.

The Shire is currently not listed as a party to the proceedings and, again, it is recommended that it not be a party to the claim. Jurruru People

The Jurruru People lodged a Native Title Application with the National Native Title Tribunal (NNTT) on 24 July 2000. The Shire was notified on 22 May 2001 that the Jurruru People had lodged an application which was to be determined in the Federal Court. Presently the Pilbara Native Title Service (PNTS) has prepared a connection report, which was provided to the State in April 2008, addressing inter-group issues including boundary/overlapping resolutions within the Pilbara Connection Project (PCP). The PNTS has reported that it will be relying on the PCP connection reports for the Innawonga People and Gobawarrah Minduarra Yinhawanga People to assist in resolving the Jurruru overlap. At the Pilbara Regional Directions Hearing of 3 February 2009 orders were made that the matter be adjourned to take place at the next Regional Directions Hearing listed for 28 July 2009 at 10:00am. It was also ordered that the Yamatji Marlpa Aboriginal Corporation provide the NNTT and the Court with a detailed program for settling claim boundaries and claim group composition within the PCP.


On review of the National Native Title Tribunal‟s Location Diagrams, this claim is located within the Southerly portion of the Shire of Ashburton including the Kaolin Pastoral Station. The application appears to be a minor claim and does not impact on any Shire assets. The Shire is currently not listed as a party to the proceedings and does not appear to need to be. Yindjibarndi People The Yindjibarndi People lodged a Native Title Application with the National Native Title Tribunal (NNTT) on 9 July 2003. The Shire was notified on 10 October 2003 that the Yindjibarndi People had lodged an application which was to be determined in the Federal Court. At present the provision of supplementary material has delayed the matter for an undetermined period. The State received connection material in May 2008 and has requested further clarification. The NNTT is unaware of when the additional material will be provided. At the Pilbara Regional Directions Hearing of 3 February 2009 orders were made that the matter be adjourned to take place at the next Regional Directions Hearing listed for 28 July 2009 at 10:00am. On review of the National Native Title Tribunal‟s Location Diagrams, this application is an area generally North West of Wittenoom including part of the Chichester Ranges and generally West of Camp Anderson. It is a small claim with very little, if any, impact on Shire assets. The Shire is currently not listed as a party to the proceedings and it is recommended that it not become one. Gobawarrah Minduarra Yinhawanga People The Gobawarrah Minduarra Yinhawanga People lodged a Native Title Application with the National Native Title Tribunal 25 June 1997. The Shire was notified on 20 March 2000 that the Gobawarrah Minduarra Yinhawanga people had lodged an application which was to be determined in the Federal Court. At the Pilbara Regional Directions Hearing of 3 February 2009 Orders were made that Yamatji Marlpa Aboriginal Corporation (YMAC) were to provide the NNTT and the Court with a detailed program for settling claim boundaries and claim group composition of all claims within the Pilbara Connection Project (PCP) prior to submitting connection reports to the State Government from 30 June 2009 – 30 August 2009. The matter was adjourned to take place at the next Regional Directions Hearing listed for 28 July 2009 at 10:00am. On review of the National Native Title Tribunal‟s Location Diagrams, this claim is located within an area South of Paraburdoo including part of the Upper Gascoyne and Meekatharra Shires and only covers a small portion of the Shire of Ashburton. This application does not impact upon any Shire assets of great significance. The Shire currently remains a party to the proceedings but, in view of the limited impact of the claim on the Shire, it is recommended that it cease to be a party to the claim.


Innowonga people The Shire was notified on 22 March 2000 that the Innowonga People had lodged a Native Title Application with the National Native Title Tribunal (NNTT) on 29 September 1998. At the Pilbara Regional Directions Hearing of 3 February 2009 Orders were made that Yamatji Marlpa Aboriginal Corporation (YMAC) were to provide the NNTT and the Court with a detailed program for settling claim boundaries and claim group composition of all claims within the Pilbara Connection Project (PCP) prior to submitting connection reports to the State Government from 30 June 2009 – 30 August 2009. The matter was adjourned to take place at the next Regional Directions Hearing listed for 28 July 2009 at 10:00am. On review of the National Native Title Tribunal‟s Location Diagrams, this claim is similar to the Gobawarrah Minduarra Yinhawanga claim as it relates to the same location within the Shire of Ashburton. This application does not impact upon any Shire assets of significance. The Shire currently remains a party to the proceedings, however, it is recommended that it cease being a party to the claim. Kariyarra People The Shire was notified on 7 January 1999 that the Kariyarra People had lodged a Native Title Application with the National Native Title Tribunal (NNTT) on 30 May 1997. As per the NNTT Pilbara Regional Directions Hearing report of 3 February 2009, the State expects to provide outcomes of assessment of connection material by the end of February 2009. Both State and the Pilbara Native Title Service (PNTS) are hopeful of avoiding a litigated outcome. PNTS is involved in discussions with members of the dismissed, adjacent Bindurrna application and has requested NNTT medication assistance. The matter was listed for a Directions hearing on 25 February 2008 whereby orders were made that the Hearing be dismissed for a date and a time to be fixed. A further Directions Hearing has been relisted for 29 June 2009 at 2:15pm. On review of the National Native Title Tribunal‟s Location Diagrams, this claim is located predominantly almost outside of the Shire of Ashburton and covers an area within Port Hedland and half way to Roebourne, and south to the Chichester Ranges. This application is only a miniscule claim in terms of the Shire and does not impact upon any Shire assets. The Shire currently still remains a party to the action but it is recommended the Shire cease its involvement in the Claim. Consultation

Chief Executive Officer



Native Title (State Provisions) Act 1999 Policy Implications

There are no known policy implications relative to this matter.


There are no known financial implications relative to this matter. Strategic Implications

There are no known strategic implications relative to this matter. Voting Requirement


That Council:-

1. Note the contents of this report;

2. Continue not to be a party to the following claims by the

- Yaburara and Mardudhunera People - Gnulli People

- Thudgari People

- Jurrura People

- Yindjibarndi People

3. Advise the National Native Title Tribunal that it no longer wishes to be a party to the following claims by the

- Gobawarrah Minduarra Yinhawoanga People

- Innowonga People

- Kariyarra People

Author : Teigan Don

Signature :


Signature :


12.07.40 FUNDING OF PROPOSED PERGOLAS, BELLARY, WAKUTHUNI AND YOUNGALEENA ABORIGINAL COMMUNITIES

FILE REFERENCE: LO.WNDL.134, LO.GRGY.105 & AC.YOBU AUTHOR’S NAME AND POSITION:

Keith Pearson Chief Executive Officer


Cr Cecilia Fernandez




Not Applicable

Summary Cr Fernandez has requested that Council consider including the cost of constructing gazebos in the Bellary, Wakuthuni and Youngaleena Aboriginal Communities in the Shire‟s budget for the 2009/10 Financial Year. It is estimated that the cost of the proposal to the Shire would be in the vicinity of $100,000.

Background

Cr Fernandez initially submitted a written request that Council make provision in its budget for the 2009/10 Financial Year for the construction of gazebos and BBQ areas, to serve as meeting areas in the Wakuthuni, Bellary and Youngaleena Aboriginal Communities. A copy of Cr Fernandez‟s request is attached

ATTACHMENT 12.07.40

An initial cost assessment of the proposed facilities, based on the pergola structure recently erected by the Shire on Beadon Point, Onslow, suggested that the total cost of the three structures including BBQs would be approximately $165,000. Cr Fernandez has subsequently modified her request to include three pergolas, but with no fencing nor BBQs. She has also requested that the pergolas be of a more simplified design than that at Beadon Point.

Attachments/12.07.40%20Cr%20Fernandez%20Agenda%20Request.pdf


Comment

The Shire‟s Executive Manager Engineering Services has advised that a less expensive pergola than that constructed at Beadon Point, with a concrete floor slab, but without a surrounding fence would cost in the vicinity of $35,000. Cr Fernandez has sourced a $5,000 donation towards the cost of the Bellary structure from IBN Corporation which represents a significant number of residents of Bellary Springs.


Based upon the above, it is estimated the cost to the Shire of funding the three proposed pergolas would be in the vicinity of $100,000. Cr Fernandez states in support of her request ―I think that it is also our role to look at the improvement of local areas in our shire, to help and include every resident and communities within our district, therefore I would like to request to Councillors for their consideration to approve a project for isolated Aboriginal communities..... As a councillor I believe it is my responsibility to address these issue as the Aboriginal communities are very much our responsibility and of care. In the past very minimum or nil had been expended in previous budget, so now that we have the extra funding it will be good to share with our residents from Aboriginal Communities.‖ Cr Fernandez also stated ―These are the pictures that you think can show how the community of Bellary is at the moment, with nothing really for the members to get together as their ―meeting place‖ for discussions and consultations, for social and cultural events as for children and young people there is not a single facility for them to meet and play, not playgrounds or sports facilities etc.‖ Attached are photos of the proposed pergola site at Bellary and also of the existing pergolas at Beadon Point, Wakuthuni and Kings Lake, Tom Price. Also included is a supporting letter from The Chairperson Wakuthuni Community.

ATTACHMENT 12.07.40b

It is noted that the proposed structures would not be constructed on Shire controlled land and therefore the proposal would not qualify for funding under the State Government‟s Royalties for Regions program. Rather, the cost of the projects would rank as a Shire funded donation to the respective communities. For that reason Council may wish to consider the proposals as a part of its overall budget process, particularly having regard to the possible precedent it may set.

Attachments/12.07.40a%20IBN%20Support%20Letter.pdf

Attachments/12.07.40b%20Pergola%20Photos%20and%20Support%20Letter.pdf


Consultation

Cr Fernandez Executive Manager, Engineering Services Statutory Environment

Local Government Act 1995 Policy Implications

There are no known policy implications relative to this issue.


The three proposed pergolas would represent a $100,000 charge on the Shire‟s budget for the 2009/10 Financial Year.


TBA Voting Requirement

Absolute Majority Required Cr Fernandez’s Recommendation That Council include the provision of $100,000 in its budget for the 2009/10 Financial Year as a Contribution towards the construction of pergolas at Bellary Springs, Wakuthuni and Youngaleena Aboriginal Communities.

Author : Keith Pearson

Signature :


Signature :


12.07.41 STATE GOVERNMENT – ROYALTIES FOR REGIONS GRANT PROGRAM

FILE REFERENCE: OR. IG. 1.7 AUTHOR’S NAME AND POSITION:



Government of Western Australia




Not Applicable

Summary The Shire is the recipient of $1,803,793.00 funding from the Government of Western Australia pursuant to the Royalties for Regions program. Council, at its March 2009 meeting, passed a resolution allocating these funds to a series of infrastructure programs. Council is now requested to confirm the specific projects to be undertaken.

Background

Council, at its March 2009 meeting considered a report in relation to the State Government‟s Royalties for Regions Grant Program (Agenda Item 12.03.02. That report stated, in part, ―On 16 December 2008 the State Government announced that under the Royalties for Regions program it will distribute funding of $400 million over four years to assist Country Local Governments to provide and renew infrastructure. Local Governments within the nine regions of the State, as defined by the Regional Development Commissions Act 1993, will be eligible for funding. The Shire of Ashburton has been advised that it will receive funding of $1,803.793.00 as a part of this program.‖ The report went onto note that


―The guidelines for the program (see attachment) indicate that the funds may be used to assist Country Local Governments to build and maintain community infrastructure, as highlighted by the following: Allocation of funds is tied to expenditure against the following Local Government asset classes according to the Local Government Accounting Manual:

Buildings;

Infrastructure: o Roads; o Bridges; o Drainage; o Parks, Gardens and Reserves; o Footpaths and Cycleways; o Airports; o Sewerage; o Other.‖

The funds cannot, however, be used for non-infrastructure items, nor purchasing plant and equipment, employing staff, engaging consultants, retiring debt or any other organisation requirements that fall outside the above asset classes‖. Following its deliberations Council resolved ―That Council:

1. Note the receipt of a $1,803,793.00 grant pursuant to the Royalties for Regions Program. 2. Allocate the grant funds in the following manner for the first year of the grant program.

Project Year 1

Onslow Drainage – 3rd Avenue, Cornish/ Shanks Road, Onslow Road

$200,000.00

Footpaths/lighting all towns $300,000.00

Tom Price Town Centre redevelopment $500,000.00

Sports facilities upgrades – buildings, lighting, reticulation, surface

$350,000.00

Community facility upgrades (libraries, pools) $350,000.00

Waterwise gardens, verges etc $100,000.00

Total $1.8m


3. Invite Councillors to submit project ideas under the various categories listed in 2

above, for prioritisation. 4. Workshop the allocations in order to establish specific priorities. 5. Include the following proposed distribution of funds in the Shire‘s draft budget for Year

2 of the grant program.

Tom Price Town Centre Development - $500,000

Onslow Evacuation Centre - $500,000‖

Subject to the March 2009 Council meeting Councillors were invited to submit their proposal in relation to the funding and as a result several Councillors have made written submissions. Copies of these submissions are attached for consideration.

ATTACHMENT 12.07.41

It is noted for Council‟s information, that the Shire has been allocated a further $1,156,277 under the same scheme for the 2009/10 Financial Year. Comments

It is requested that Council identify the specific projects to be undertaken in the following categories.

Footpaths/lighting all towns $300,000

Sports Facilites Upgrades $350,000

Community Facility Upgrades $350,000

Waterwise gardens verges $100,000

Clarification is being sought from the Department for Regional Development whether the $500,000 previously identified as being assigned to the Tom Price Centre Redevelopment can be reassigned to other infrastructure projects in the light of the State Government‟s recent $10,000,000 grant to that project. It is anticipated that the department‟s advice will be available prior to the Council meeting. Consultation

Individual Councillors Executive Management Group


There are no specific implications related to this item. Policy Implications There are no known policy implications relative to this matter.

Attachments/12.07.41%20Royalties%20for%20Regions.pdf



The $1,803.793.00 grant represents revenue which was not budgeted for. As no matching funds are required from the Shire the overall impact on the Shire‟s finances will be revenue neutral. Strategic Implications

Strategic Plan 2007 – 2011 Voting Requirement

Absolute Majority Required Officers Recommendation That Council allocate the following Royalties for Regions grant funds in the following manner.

1. Footpaths/lighting all towns (Total $300,000) …………………………………………………… ……………………………………………………

2. Sports Facilites upgrades (Total $350,000) …………………………………………………… ……………………………………………………

3. Community Facility Upgrades (Total $350,000) ……………………………………………………. …………………………………………………….

4. Waterwise gardens, verges (Total $100,000) …………………………………………………… ……………………………………………………

Author : Keith Pearson

Signature :


Signature :


12.07.42 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FOR MAY & JUNE 2009

FILE REFERENCE: FI.RE AUTHOR’S NAME AND POSITION:



Not Applicable


The author has no financial interest in this item


Not Applicable

Summary In accordance with regulation 34 of the Local Government (Financial Management) Regulations, the Shire is to prepare a monthly Statement of Financial Activity for approval by Council The relevant documents for May and June 2009 are tabled.

Background

The objective of this item is to present a summary of the financial activity for May and June 2009. Comment Presented in this report are the financial reports for the months of May and June 2009 for the financial period ended 30 June 2009 are the:

Statements of Financial Activity for May 2009

Reconciliation of statements of financial activity to current assets for the period 1 July – 31 May 2009 Please note the new format – to ensure statutory compliance

ATTACHMENT 12.07.42

And

Statements of Financial Activity for June 2009

Reconciliation of statements of financial activity to current assets for the period 1 July – 30 June 2009 Please note the new format – to ensure statutory compliance

Attachments/12.07.42%20May%20Statement.pdf



Monthly Financial Overview Report – June 2009

ATTACHMENT 12.07.42b

The schedule of accounts paid as per attachment 12.07.42c under delegated authority as summarised below, and which is submitted to Council for receipt, has been checked and is fully supported by vouchers and invoices which have been duly certified as to the receipt of goods and rendition of services, and verification of prices, computations and costings.

ATTACHMENT 12.07.42c

Consultation

Finance Manager Finance Officers Consultant Accountant Statutory Environment

Local Government Act 1995, Part 6 – Financial Management, Section 6.4 and Local Government (Financial Management) Regulation 1996, Part 4 – Financial Reports – Regulation 34, (regulation 35 repealed in Gazette 31 March 2005).

Policy Implications

There are no Council Policies relevant to this issue. Financial Implications

Financial implications and performance to budget are reported to Council on a monthly basis. Strategic Implications

There are no strategic implications relevant to this issue Voting Requirement


That Council receive the Financial Reports and Schedule of Accounts for May and June 2009

Author: John Pianta

Signature:


Signature:

Attachments/12.07.42a%20June%20Statement.pdf

Attachments/12.07.42b%20June%20Overview.pdf

Attachments/12.07.42c%20May%20&%20June%20Payments.pdf


12.07.43 CORPORATE SERVICES STATUS REPORT

# Council Meeting

Agenda


1 06/09 12.06.27 Pilbara Development Commission Board Vacancies

That Council nominate Cr‟s Fernandez and Musgrave for the vacant positions on the Pilbara Development Commission Board

Finalised Nomination forms submitted to PDC

2 06/09 12.06.28 Delegated Dog Authority – Dog Registration Officer – Dog Act 1976

That Council authorise the Administration Manager, Donna Reid and the Tom Price Customer Services Officer, Ms Michelle Digney to be an authorised person under the “Dog Act 1976”

Finalised Delegations assigned to staff members

3 06/09 12.06.29 Review of Council Policies - Administration

That Council:- 1. Adopts the amended Council Policy ADM04 “Records

Management” and 2. Notes the review of Council Policies ADM01 “Policy Manual

Review ”ADM 05 “Video Conferencing” and ADM03 “Flying of Flags – Council Buildings” and endorses these with no amendments

Finalised Reviewed policies included in Policy Register

4 06/09 12.06.30 Record Keeping Plan – Compliance with State Record Act 2000

That Council:

1. Endorse the reviewed Shire of Ashburton Record Keeping Plan, including the policies and procedures as attached; (ATTACHMENTS 12.06.30,12.06.30a and 12.06.30b)

2. Instruct the CEO to submit the Record Keeping Plan to the

State Records Office for approval.

Finalised Record keeping plan submitted to State Records Office for approval

5 06/09 12.06.32 Fees & Charges 2009/2010 That the Fees and Charges schedule as per the attachment 12.06.32 be adopted for the year ended 30

th June 2010.

Ongoing Fees and Charges Schedule is subject to Public Notice Advertising procedure

6 06/09 12.06.33 Pilbara Regional Council – Future Role and Structure

That Council advise the Pilbara Regional Council that:

1. The Shire continues to support the operations of the Regional Council, generally in its present form.

2. The Shire reiterates its earlier concerns expressed to the Regional Council concerning the need for there to be equitable funding mechanism which ensures that all member Councils contribute to the Regional Council‟s operations in proportion to the benefits received.

Finalised PRC notified of Council decision in writing. Cr‟s Rumble and Thomas, as well as CEO subsequently attended Special meeting of PRC on 27/28 June to discuss member LGA‟s


# Council Meeting

Agenda


3. The Shire confirms that it will contribute $90,000.00 (plus

GST) to the ex-operations of the PRC during the 2009/10 financial year. This will consist of $55,000.00 for general operations, $25,000.00 for the Regional Waste Management Program and $10,000.00 for office accommodation and fit out. Funding beyond this level will be considered on a project by project basis and will be subject to an assessment of benefits to the Shire.

4. The Shire does not support for the proposed transfer of the Pilbara Day Care Scheme to the PRC is conditional upon there being no significant cost implications arising out of the need to provide office accommodation.

5. The Shire supports the expansion of the Communities for Children Program but does not support the PRC playing a role in its management.

6. The Shire supports PRC‟s ongoing role in relation to Regional Waste Management.

7. The Shire is of the opinion that great care will be required to ensure that there is an equitable distribution of benefits resulting from the Royalties for Regions funding.

8. While the increased use of solar power is consistent with the Shire‟s Strategic Plan, the Shire considers the potential benefits resulting from an investigation into solar power generation as being relatively limited. Rather, this may be a matter better progressed by individual Councils.

9. The Shire places a heavy emphasis on the PRC‟s advocacy role regarding services and would support this role being further developed, with specific emphasis on infrastructure issues, land release programs, indigenous services as well as State and Commonwealth Government services.

responses.


# Council Meeting

Agenda


7 05/09 12.05.22 Local Government Convention 2009

That Council:- 1. Approve Councillors Fernandez, Thomas, White and Dias to

attend the Local Government Convention from Thursday 6 August 2009 – Saturday, 8 August 2009, on behalf of the Shire of Ashburton; and

2. Allocate an amount of $14,000 in the 2009/2010 Draft Budget to cover all costs associated with the Convention.

Finalised Bookings have been finalised.

8 05/09 12.05.23 Strategic Plan Two Yearly Review

That Council 1. instruct the Chief Executive Officer to undertake a review of the Shire‟s Strategic Plan 2007 – 2011 (Incorporating the Shire‟s Plan for the Future). The review is to incorporate a community consultation process which is to include, but not be limited to:-

A community survey;

A series of facilitated community focus group meetings.

2. Allocate $9,000 to meet consultant costs associated with the strategic plan review

Ongoing Public consultation process presently being undertaken Comments received are being reviewed.

9 04/09 12.04.16 Selection Panel – Executive Manager Corporate Services

That Council endorse the following membership of a selection panel, in order to assist the Chief Executive Officer in selecting a preferred candidate for the position of Executive Manager Corporate Services

Cr Corker

Cr Rumble

Executive Manager

Chief Executive Officer

Ongoing Chandler McLeod, Personal Consultants, are undertaking search for appointee.

10 04/09 12.04.17 Local Government Reform That the Council: (a) Endorse the Reform Checklist (Attachment 12.04.17) for

forwarding to the Local Government Reform Steering Committee

(b) Nominate the Shire President and the Chief Executive Officer as the Shire of Ashburton‟s representatives on

Ongoing Reform checklist forwarded to Local Government Reform Committee. Next step of process


# Council Meeting

Agenda


any Local Government Reform Process Project Team formed by the four Pilbara Local Governments to investigate regional sharing opportunities.

(c) Proposes the retention of a Council consisting of nine

Councillors

being undertaken

11 03/09

12.03.02 State Government – Royalties for Regions Grant Program

That Council: 1. Note the receipt of a $1,803,793.00 grant pursuant to

the Royalties for Regions Program. 2. Allocate the grant funds in the following manner for the

first year of the grant programe.

Project Year 1

Onslow Drainage – 3rd

Avenue, Cornish/ Shanks Road, Onslow Road

$200,000.00

Footpaths/lighting all towns

$300,000.00

Tom Price Town Centre redevelopment

$500,000.00

Sports facilities upgrades – buildings, lighting, reticulation, surface

$350,000.00

Community facility upgrades (libraries, pools)

$350,000.00

Waterwise gardens, verges etc

$100,000.00

Finalised See agenda item July 2009 Agenda


# Council Meeting

Agenda


TOTAL $1.8m

3. Invite Councillors to submit project ideas under the

various categories listed in 2 above, for prioritisation. 4. Workshop the allocations in order to establish specific

priorities. 5. Include the following proposed distribution of funds in

the Shire‟s draft budget for Year 2 of the grant program.

Tom Price Town Centre Development - $500,000

Onslow Evacuation Centre - $500,000

12 12/08 12.12.71 Housing, Utilities, Bonds and Sundry Debtors Review and Proposed Restructure

That Council 1. Endorse the proposal to –

a) Cease the payment of rents and include the cost in the individual package of the employee‟s position.

b) Instruct staff to take on the direct payment of utilities with no subsidy from the Shire.

c) Amend the lease agreement to include the payment of $500.00 bond from the final pay of the employee and the further charging of maintenance expenses as deemed appropriate from the final inspection of the Shire property. All funds not required will be repaid to the employee.

d) Cease the sundry debtor “bank like” practice and refund the employees funds on reconciliation of the accounts.

2. Instruct the CEO with assistance of the Executive Manager Western Operations and Finance in conjunction with Human Resources to review the relevant policies to reflect the directives above.

Ongoing Detailed investigation to be undertaken

13 11/08 16.11.15 Update Report - Wittenoom Asbestos Litigation

That Council 1. Note the contents of this report, and; 2. Instruct the Chief Executive Officer to seek a meeting with

the State Premier, as a matter of urgency, in order to discuss the matters raised in this report.

Shire President and CEO attended meeting with Director General of Premiers Department on 17 June 2009. Matter is to be the subject of an


# Council Meeting

Agenda


agenda item at August 2009 Council meeting.

14 11/08 16.11.16 Tom Price Tourist Park Reserve 38762

That Council: (a) Issue a Notice of Default on Kaussie Holdings Pty Ltd,

lessees of the Tom Price Tourist Park (Reserve 38762 Tom Price), in accordance with the provisions of Clause 6.2 of the lease, for various breaches of the current lease including but not limited to, Clauses 4.5, 4.6 and 4.7 of the lease. Such notice shall provide a 28 day period to remedy all outstanding breaches, to the satisfaction of the Shire.

(b) Delegate to the Shire Chief Executive Officer the authority to take all steps necessary to enforce the Notice of Default, identified in (a) above, in accordance with the provisions of the lease.

Ongoing. Notice of Default served on 28 November 2008 Lessee notified of Council decision not to support retention of illegal structures for workers accommodation. The Lessee has appealed the refusal of the relevant planning application to the State Administration Tribunal. A Direction Hearing to be held on 13 July 2009

15 08/07 12.08.54 Local Laws That Council 1. Having considered any submissions received, approves the

minor amendments to the Shire‟s Cats Local Law, Dogs Local Law, Extractive Industries Local Law, Health Local Law and Parking Local Law, as set out in Attachments 12.08.54, pursuant to the provisions of Section 3.16 of the Local Government Act 1995.Instructs the CEO to research the possibility of the adoption of a Property Local Law which would encompass the following local laws – Aerodromes, Cemeteries with the possibility of Seashore Management, Caravan/Camping and Park Management, Reserve Management and Signage also being included.

Ongoing DL Consulting has been engaged to review local laws. Meeting held between consultant and Executive Management Team. Report to be submitted to August meeting.

16 07/07 12.07.45 Offer from Department of Local Government –

That Council advise the Department of Local Government and Regional Development that it accepts the Department‟s proposal, as

Ongoing Council decision


# Council Meeting

Agenda


Outstanding Rates – Wittenoom

set out in its advice received 20 June 2007 (Attachment 12.07.45), in return for the Shire exercising the provisions of Section 6.74 of the Local Government Act, in relation to vacant land within the former town site of Wittenoom, where the rates outstanding are for three or more years.

being implemented. 30 Day Public Advertising Period completed. Matter referred to Shire Solicitor for finalisation

Officers Recommendation That Council note the contents of the report


13.06.0 DEVELOPMENT SERVICES REPORTS

13.07.29 REVOCATION OF APPROVAL FOR ‘ALFRESCO DINING’ FACILITIES GRANTED TO THE KARIJINI CAFÉ PREMISES (LOCATED AT LOT 2 ON STRATA PLAN 13318, TOM PRICE)

FILE REFERENCE: ST.969 AUTHOR’S NAME AND POSITION:

Rob Paull Shire‟s Planning Consultant


Not Applicable




Agenda Item No. 13.03.185 Ordinary Meeting of Council, 11 March 2009

Summary „Alfresco dining‟ associated with the Karijini Cafe within the Tom Price shopping centre „Mall Reserve‟ has existed for approximately nine years. During much of that time the Shire has struggled to achieve compliance with the Approvals issued. There is an operational and legal need to ensure that the covered walkway abutting the Tom Price shopping centre is safe for pedestrians. It is also clear from written and verbal complaints received over time that the positioning of the tables and chairs within the covered walkway is both a nuisance and danger to the public generally and those with shopping trolleys, prams etc, in particular. Continued attempts by the Shire to ensure that the tables and chairs remain outside the covered walkway, are constantly thwarted presumably by patrons moving them under the covered walkway. It is recommended that the Approval issued 11 February 2009 for „alfresco dining‟ associated with the Karijini Cafe be revoked.

Background The matter before Council has an extensive nine year history during which compliance with the various approvals to operate „alfresco dining‟ at the Karijini Cafe has, at best, been questionable.


An extensive history of the Approvals and enforcement action by the Shire associated with the establishment of „Alfresco dining‟ associated with the Karijini Cafe is included as an Attachment, as is a copy of the February 2009 approval.

ATTACHMENT 13.07.29 Comment

As the above „Background‟ indicates, since the establishment of the „Alfresco dining‟ associated with the Karijini Cafe, the Shire has struggled to achieve compliance with the Approvals issued. Council has an operational and legal need to ensure that the covered walkway abutting the Tom Price shopping centre is safe for pedestrians. It is clear from written and verbal complaints received over time that the positioning of the tables and chairs within the covered walkway is both a nuisance and danger to the public generally and those with shopping trolleys, prams etc, in particular. It is also clear that the continued attempts by the Shire to ensure that the tables and chairs remain outside the covered walkway are constantly thwarted presumably by patrons moving them under the covered walkway. This is unfortunate as the opportunity to utilise „alfresco dining‟ does add to the character and opportunity of the shopping centre. Irrespective of the outcome of the Approvals issued associated with the Karijini Cafe, „alfresco dining‟ should be encouraged as part of the „revitalisation‟ of Tom Price. It is noted that since the letter of 22 June 2009 to the proprietor of the Karijini Cafe, irregular inspections of the „alfresco dining‟ area has revealed that, in the main, the tables and chairs has been correctly located. Irrespective of the recent observations of compliance, however it is recommended that the Approval issued 11 February 2009 for „alfresco dining‟ associated with the Karijini Cafe be revoked, for the reasons expressed above. Statutory Environment

Planning & Development Act 1995 Shire of Ashburton Local Planning Scheme No. 7 - Clause 5.15.3 “Amending or revoking a Planning Approval” states: 5.15.3 ―If the Local Government grants its approval subject to conditions, and any of the conditions are not fulfilled or complied within the time stipulated by Local Government, or stipulated subsequently on reasonable notice to the applicant, the Local Government may in addition to any other remedies available to it, revoke its approval.‖ Policy Implications Local Planning Policy PLA 18, “Alfresco Dining”. PLA 18 includes the following clause:

Attachments/13.07.29%20Karijini%20Cafe%20Attachment.doc


―Any outdoor eating area should not obstruct pedestrian movement. Pedestrians should be able to make normal use of the footpath without being obliged to make unwanted detours. A minimum footpath width of 2 metres must be retained. Outdoor eating will not be permitted on the entire length of the footpath along the Tom Price Town Centre Mall between the building faces and the verandah support posts. Council will encourage the use of the mall area for outdoor eating adjacent to appropriately approved food premises‖. Financial Implications

There are no financial implications relative to this issue.


There are no strategic implications relative to this issue. Voting Requirement



That Council: 1. Pursuant to Clause 5.15.3 of the Shire of Ashburton Local Planning Scheme No. 7 revoke

the Approval issued on 11 February 2009 for „Alfresco Dining‟ facilities within the Tom Price Mall and associated with the Karijini Café premises (located at Lot 2 on Strata Plan 13318, Tom Price) for the following reasons:

i) Failure of the operator of the „Alfresco Dining‟ to consistently comply with condition (k)

associated with the Approval.

ii) Causing undue risk and inconvenience to pedestrians and the like due to the failure to comply with condition (k) associated with the Approval.

2. Request the Chief Executive Officer to inform the proprietor of the Karijini Cafe in writing of

1. above and advise: i) that should tables and chairs or other furniture be placed within the „Mall Reserve‟ the

Shire will confiscate the furniture and seek to take the necessary legal action; and

ii) of rights of appeal available under the Planning and Development Act 2005 (as amended) against the decision of Council.

Author: Rob Paull

Signature:


Signature:


13.07.30 DRAFT TOWN PLANNING SCHEME AMENDMENT– MODIFICATIONS TO THE MINIMUM LOT SIZE PROVISIONS IN ‘INDUSTRIAL’ ZONES

FILE REFERENCE: PS.TP.7.6 AUTHOR’S NAME AND POSITION:

Rob Paull Shire‟s Town Planning Consultant


Not Applicable

DATE REPORT WRITTEN: July 6, 2009 DISCLOSURE OF FINANCIAL INTEREST:



Not Applicable

Summary

The Shire of Ashburton Local Planning Scheme No.7 („Scheme‟) defines a minimum subdivision lot size of 2000m2 for Industry zone and Mixed Business zone. This limitation is considered to be unreasonable where the provision of full-reticulated services can be made available. It is recommended that Council initiate an Amendment to the Scheme where lot sizes in the Industry zone and Mixed Business zone can be less than 2000m2 where reticulated services are provided and where the land is defined in a Development Plan.

Background

The Shire of Ashburton Local Planning Scheme No.7 („Scheme‟) includes the following provision:

‗6.11.4 Local Government, in considering applications for subdivision/ amalgamation of land under clause 24(2) of the Act, shall not recommend approval of lots in the Mixed Business, Industry or Industrial/Mixed Business Development Zones which are below 2 000 m2 or include battleaxe access legs‖.

An associated notation with clause 6.11.4 states: ―Note: Local Government has a preference for mixed business and industrial zones to have a range of lot sizes to accommodate diversity in industrial activity‖.


Comment It is considered that Clause 6.11.4 actually conflicts with the above notation in that the Clause prevents diversity of industrial activity. It is suggested that the Clause 6.11.4 be modified to provide the opportunity for a proponent to pursue lot sizes smaller than 2000m2 where reticulated services (water, sewer, drainage and power) form part of the subdivision and where it comprises a „Development Plan‟ pursuant to the Scheme. The „Development Plan‟ requirement would ensure a comprehensive assessment of any subdivision layout. Further, the Western Australian Planning Commission („WAPC‟) would review any proposal prior to it being approved. It is in this context that it is noted that the WAPC‟s „ Policy No. DC 4.1 Industrial Subdivision‘ states: 3.3.3 The Commission recognises that lot sizes for the different types of industrial subdivision will

vary according to function and purpose. No minimum lot sizes are specified within this policy, as the land area required for a particular industrial activity or activities should reflect the most efficient and beneficial utilisation of the land involved. In considering appropriate lot sizes for an industrial subdivision, the Commission will have regard to the following factors:

a) the subdivision, where it involves the creation of a significant number of lots, should

provide for variety in lot size; b) the size of lots should provide sufficient space to accommodate the industrial

operations and buildings envisaged, make allowance for possible future expansion, and allow the site to function properly and efficiently in terms of development requirements of the local authority(s) concerned These requirements may relate to such factors as safe ingress and egress, vehicular movement within the curtilage of the site, parking, deliveries, storage and bin areas, boundary setback requirements and landscaped areas;

c) the overall pattern of lot sizes in the locality and the type of industrial activity characteristic of the locality in which the subdivision is located;

d) planning policies and other requirements of the Commission, the local authority and other consultees (primarily relevant servicing authorities) which relate to specific areas, localities or activities.

A modification to the Scheme as recommended would allow Council to reflect the direction of the above WAPC policy. Consultation Chief Executive Officer Executive Manager Engineering Services Statutory Environment Planning and Development Act 2005 Town Planning Scheme amendments are processed in accordance with the Planning and Development Act and Town Planning Regulations. The decision on whether to adopt an


amendment is solely that of Council. No appeal rights are available if Council elects not to adopt an amendment. Upon adoption by Council the amendment is referred to the Environmental Protection Authority (EPA) after which public advertising of the proposal occurs. After public advertising, Council will consider whether to adopt the amendment for final approval with or without modifications. The final decision on whether to grant final approval to an amendment rests with the Minister for Planning & Infrastructure, acting upon recommendation from the Western Australian Planning Commission.

Shire of Ashburton Town Planning Scheme No. 7 Environmental Protection Act 1986 Western Australian Planning Commission Policy - DC 4.1 Industrial Subdivision‘‟ Policy Implications There are no policy implications that relate to this matter. Financial Implications

There are no direct financial implications that relate to this matter. However, indirectly, the provision of services for large industrial lots is considered to be financially unsustainable. It is reasonable for Council or for any developer to seek to maximise lot yields to ensure a financial return for the provision of services. Strategic Implications

Under the heading “Diversify and Strengthen the Economy” of the Council‟s Strategic Plan, the following objective is noted: ―New Industry Measures and Targets » Increase in major investment enquiries » Increase in building activity » Community satisfaction with economic development » Increased employment opportunities‖ It is suggested that the modifications to the Scheme as sought will assist in achieving that above objectives. Voting Requirement Simple Majority Required Officers Recommendation That Council In pursuance of Part V of the Planning and Development Act 2005 ("Act"), adopt for community consultation purposes draft Amendment No. 6 ("draft Amendment") to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") that proposes to:


1. Modify Clause 6.18 (c) of the Scheme to read as follows:

6.11.4 ―Local Government, in considering applications for subdivision/ amalgamation of land shall not recommend approval of lots in the Mixed Business, Industry or Industrial/Mixed Business Development Zones which are below 2 000 m2 or include battleaxe access legs unless the subdivision/ amalgamation proposes connection to reticulated sewer, water, power and drainage and is land included in an approved Development Plan pursuant to Clause 6.4 of the Scheme.

2. That, as the draft Amendment is in the opinion of Council consistent with Part V and Schedule

1 of the Act, regulations made pursuant to the Act and relevant state planning policy prepared under Part III of the Act, that upon preparation of the necessary documentation, the draft Amendment be referred to the Environmental Protection Authority (EPA) as required by Part V of the Act, and on receipt of a response from the EPA indicating that the draft Amendment is not subject to formal environmental assessment, be advertised for a period of 42 days, in accordance with the Town Planning Regulations 1967.

3. That following advertising of the draft Amendment, the matter be referred back to Council for

further consideration.

Author: Rob Paull

Signature:


Signature:


13.07.31 PLANNING APPLICATIONS (2) – CONVERSION OF OUTBUILDINGS TO SINGLE BEDROOM DWELLINGS (GROUP HOUSING) AT LOT 418 CAMERON AVENUE, ONSLOW

FILE REFERENCE: ON.CA.418 AUTHOR’S NAME AND POSITION:



Graham Whitmore (Applicant) A Jenkinson and P Wilson (Owner)




Agenda Item 13.08.219, Ordinary Meeting of Council, 21 August 2003.

Summary

Two separate Applications for Planning Approval have been received in relation to Lot 418 Cameron Avenue, Onslow. Both Applications are seeking to convert existing outbuildings (one a shed and the other a garage) for the purpose of single room dwellings. The conversion of the shed (Application no. 20090681) and the garage (Application no. 20090682) can be considered by Council due to the opportunities provided by the R12.5/30 Residential zoning of the land. In this regard, the Residential Design Codes („R Codes‟) provide for up to 3 dwellings on the land and the Applications are essentially for „group housing‟‟ use and development on the site. The conversion of what are essentially an industrial sized shed and domestic garage for accommodation purposes should be avoided as it will establish a very low level of residential amenity for the occupier and for the local area. All residential development is assessed against the R Codes and the proposed „conversions‟ are considered to be deficient in numerous areas of the R Codes. On the basis and concern that such conversions are detrimental to the local amenity, it is recommended that both applications be refused.

Background

Lot 418 Cameron Avenue is occupied by a 3 bedroom dwelling, garage (that serves the dwelling), „laundry‟ building and 86.4m2 outbuilding (shed).


It is noted that a Building Licence for the existing 86.4m2 shed was issued on 9 October 2007. The existing garage is quite old and Shire records for any approval are not available. On 21 August 2003, Council resolved to issue Planning Approval to convert the existing, three bedroom dwelling for short term accommodation for couples or single groups containing up to a total of six individuals at any one time (i.e. “residential building”). The Approval was subject to ten (10) conditions, with the following relevant to the application before Council: b. Not more than six guests shall be accommodated within the premises at any one time; c. Prior to the use commencing, a plan showing three onsite parking spaces in accordance with

Appendix 3 of the Scheme shall be submitted to and approved in writing by the Shire‘s Manager Development Services;

d. All car parking generated by the use shall occur within the boundaries of the property; e. Vehicle parking, manoeuvring and circulation areas are to be suitably constructed, drained

and maintained to the satisfaction of the Shire of Ashburton; f. Car parking and vehicle circulation areas shall be available for these purposes at all times

and shall not be used for any other purpose; g. The use shall not continue beyond twelve calendar months of the date of granting this

approval, without the written approval of Council. When assessing whether the use is to be approved for a period beyond twelve calendar months, Council shall have regard to whether the use has had any adverse impact on the amenity of the surrounding area;

The Shire‟s records do not indicate that the Approval was extended pursuant to Condition g. Further Planning Approval was issued under delegation on 12 December 2007 for use of the house for „Bed and Breakfast‟. The Approval expires on 12 December, 2009. Under the Scheme, Bed and Breakfast is defined within the interpretation of „Home Business‟, which amongst other things, is ―…. a business, service or profession carried out in a dwelling or on land around a dwelling‘. To operate a Bed and Breakfast, the dwelling needs to be used for residential purposes. Comment

The Applications essentially comprise a group housing development reflecting the existing three bedroom dwelling and two (proposed) single bedroom dwellings. The merit or otherwise of the Applications are discussed below. Conversion of the shed (Application no. 20090681) The proposed single room dwelling is to have an area of 28.8 m2 and be established via resuming the space from the existing 86.4 m2 outbuilding (shed). It is proposed that the single room dwelling essentially sit within the shed with a mezzanine (presumably for storage) above. A condition placed on the Building Licence issued on 9 October 2007 for the shed stated: 7. Outbuildings/storerooms shall not be used for habitation purposes. The plans provided with the application are of a poor standard however it is clear that no windows are proposed and there is no reference to ventilation.


All residential development is assessed against the Residential Design Codes („R Codes‟) and as the following indicates, the proposed „conversion‟ is deficient in numerous areas of the R Codes: Setbacks The existing shed is set back 1.3m from the northern boundary. Under the R Codes, the

boundary setback is 1.5m. It is considered that with insufficient setback, the change of use could result in negative impacts on local amenity. In addition, the application has not addressed necessary issues such as fire separation of the building to the adjoining land.

Clause 6.4 Private Open space Table 1 of the R Codes requires a minimum area of 24m2 for private open space with the

area required to be directly assessable from the dwelling with a minimum length and width dimension of 4m. No such area has been provided and it is considered that due to the design of the shed it is unlikely that private open space in accordance with the R Codes could in fact be provided.

Clause 6.5 Car parking As the conversion is for a „single bedroom‟ dwelling, the R Codes requires only car space

associated with the dwelling to be provided. Combined with the two other dwellings, a total of five spaces are required. No car parking is shown. It is accepted that it is likely that the site is capable of containing the additional car spaces. Ideally, car parking should abut the building however it is not possible due to the siting of the building and intrusion of other buildings in front of it. It should also be noted that the Scheme requires a minimum of one covered car bay per dwelling.

Subdivision Potential Should the development be supported, it would be difficult for Council (and the WAPC) not

to support a corresponding application for strata subdivision. Although the intention of the land owner with respect to subdivision is not known, Approval of the Application would indicate that the use and development of the land is acceptable in terms of the Scheme and the R Codes.

Conversion of the garage (Application no. 20090682) The proposed single room dwelling is to be established via converting an existing 24.9m2 outbuilding (garage). Copies of the plans of the proposal are attached

ATTACHMENT 13.07.31 Setbacks The existing garage is set back 0.5m from the northern boundary. Importantly, the garage

directly abuts the neighbouring dwelling. Under the R Codes, the boundary setback is 1.5m. It is considered that with insufficient setback, the change of use could result in negative impacts on local amenity. In addition, the application has not addressed necessary issues such as fire separation of the building to the adjoining land.

Clause 6.4 Private Open space

Attachments/13.07.31%20%20%20418%20Camerson%20St.pdf


Table 1 of the R Codes requires a minimum area of 24m2 for private open space with the area required to be directly assessable from the dwelling with a minimum length and width dimension of 4m. No such area has been provided and it is considered that due to the design of the shed it is unlikely that private open space in accordance with the R Codes, could in fact be provided.

Clause 6.5 Car parking As the conversion is for a „single bedroom‟ dwelling, the R Codes requires only one car

space associated with the dwelling to be provided. Combined with the two other dwellings, a total of five spaces are required. No car parking is shown. It is accepted that it is likely that the site is capable of containing the additional car spaces and could abut the building. It should also be noted that the Scheme requires the minimum of one covered car bay per dwelling.

Subdivision Potential Should the development be supported, it would be difficult for Council (and the WAPC) not

to support a corresponding application for strata subdivision. Although the intention of the land owner with respect to subdivision is not known, Approval of the Application would indicate that the use and development of the land is acceptable in terms of the Scheme and the R Codes.

Conclusions Both Applications fail to meet the minimum design and amenity standards of the R Codes and fail to provide carparking associated with the respective conversions (a total of two spaces). The two spaces required are in addition to the three parking spaces required as part of the „residential buildings‟ use approval. It should be noted that if approved, the conversions would need to comply with the current Building Code and associated standards. The conversions would be defined as a Class 1(dwelling) and accordingly, must be structurally sound. In this regard, a Building Licence would need to be sought and issued. Significant modifications to both buildings would be required. This would include (but not be limited to) energy efficiency ratings, fire separation from boundaries (fire rated walls), damp proofing (including proper water proof membranes under the concrete slabs), termite protection (under the slab for the garage, as it is timber framed), along with approved connection to sewer and water. The current demand for accommodation within Onslow is understood. However, the conversion of what are essentially industrial sheds and domestic garages for accommodation purposes should be avoided as it will establish a very low level of residential amenity for the occupier and for the local area. All residential development is assessed against the R Codes and as this Report indicates, the proposed „conversions‟ are deficient in numerous areas. On the basis of the failure of both applications to comply with the minimum standards of the R Codes along with the parking provisions of the Scheme.


Consultation Chief Executive Officer Manager Building Services Community consultation was not required by the Scheme. Statutory Environment

Shire of Ashburton Town Planning Scheme No. 7 Residential Design Codes (‟R Codes‟). Policy Implications There are no existing policy implications that relate to this matter. Financial Implications There are no strategic implications that relate to this matter. Strategic Implications There are no strategic implications that relate to this matter. Voting Requirement

Simple Majority Required Officers Recommendation That Council: 1. Application no. 20090681 to convert approximately 28.8 m2 of an existing 86.4 m2 outbuilding

(shed) to a single roomed dwelling (comprising „group dwelling‟ development) at Lot 418 Cameron Avenue, Onslow be refused for the following reasons: A. The proposed dwelling is not in keeping with the General Objectives of the Residential

Design Codes, namely Clause:

1.3.1(b) To ensure appropriate standards of amenity for all dwellings. 1.3.1(c) To ensure appropriate provision of on-site facilities for all dwellings 1.3.1(e) To protect the amenity of adjoining residential development.

B. The proposed dwelling does not comply with the following requirements of the Residential

Design Codes, namely Clause: 6.3.1 The setback from the adjoining (northern) boundary as defined in Table 1 and

Table 2b.


6.4.2 The provision of outdoor living area. 6.5.1 Onsite vehicle parking.

2. Application no. 20090682 to convert an existing outbuilding (garage) to a single roomed

dwelling (comprising „group dwelling‟ development) at Lot 418 Cameron Avenue, Onslow be refused for the following reasons: A. The proposed dwelling is not in keeping with the General Objectives of the Residential

Design Codes, namely Clause:

1.3.1(b) To ensure appropriate standards of amenity for all dwellings. 1.3.1(c) To ensure appropriate provision of on-site facilities for all dwellings 1.3.1(e) To protect the amenity of adjoining residential development.

B. The proposed dwelling does not comply with the following requirements of the Residential

Design Codes, namely Clause: 6.3.1 The setback from the adjoining (northern) boundary as defined in Table 1 and

Table 2b. 6.4.2 The provision of outdoor living area. 6.5.1 Onsite vehicle parking.

3. Advise the applicants that rights of appeal are available to them under the Planning and

Development Act 1928 (as amended) against the decision of Council, including any conditions associated with this decision. Further any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

Author: Rob Paull

Signature:

Manager: Bernard Smith

Signature:


13.07.32 PROPOSED RESIDENTIAL BUILDING, NO. 66 (LOT 403) CAMERON AVENUE (CORNER THIRD AVENUE), ONSLOW

FILE REFERENCE: ON.TH.403 AUTHOR’S NAME AND POSITION:



Maxine Hambley and Eric Hambley




Not Applicable

Summary A development application has been received from the owner of No. 8 (Lot 403) Cameron Avenue (Corner Third Avenue), Onslow to operate a “residential building” use within the existing dwelling on the subject site. The Shire‟s Local Planning Scheme No. 7 („Scheme‟) lists the proposed use as a land use which Council may, at its discretion; permit after public notice of application has been given in accordance with the scheme provisions. Notice of the proposal was provided to surrounding property owners and given fourteen (14) days to comment. No submissions were received. The Application reflects the provisions of the draft „Local Planning Policy - Conversion of Dwellings to Residential Buildings‘. It is recommended that the proposal be approved subject to a number of conditions including a requirement that operation of the use to be reviewed after a period of twelve months.

Background

No. 8 (Lot 403) Cameron Avenue (corner Third Avenue), Onslow is occupied by a single 3 bedroom dwelling. The applicant advises that the application is for no more than three (3) residents. Council resolved at the June 2009 meeting that draft „Local Planning Policy - Conversion of Dwellings to Residential Buildings‘ would be advertised (for 21 days) for public comment. Advertising has commenced and closes on 20 July. The intent of the Policy is to ensure that a


rigorous assessment of such applications is undertaken to ensure that such uses do not impact upon the residential amenity of the locality. Comment

The proposed use fits within the definition of a „Residential Building‟ which is defined in the Shire‟s Local Planning Scheme No. 7 („Scheme) as: “―... a building or portion of a building being used or intended, adapted or designed to be used for the purpose of human habitation on a permanent basis by:

a single person,

a single family,

no more than six (6) persons who do not comprise a single family‖.

Residential building means: ―…a building or portion of a building, together with rooms and outbuildings separate from such building but ancillary thereto; such building being used or intended, adapted or designed to be used for the purpose of human habitation: a) temporarily by two or more persons, or b) permanently by seven or more persons, who do not comprise a single family; but does not include a hospital, nursing home, prison, juvenile detention centre, school, residential school, hotel, motel or holiday accommodation‖. The subject land is zoned Residential in the Scheme. Within such a zone a Residential Building is a „D‟ use which is a use that Council may, at its discretion, permit after public notice of application has been given. The proposal is also subject to the provisions of Council Policy PLA10 – Non-Residential Land Users in Residential Areas. While not binding on Council, Council should give consideration to the contents of the policy when considering the subject development application. The policy states that any application is to be considered on its individual merits, having regard to the following criteria.

Location

Residential Amenity

Noise generation

Essential Services and Waste Disposal

Traffic implications

Building modifications More specific to the Application is draft Local Planning Policy - Conversion of Dwellings and Outbuildings to Residential Buildings‘. Clause 4.5 of the draft Policy states:


a) Applications will be examined with regard to the following:

i) potential for increased levels of noise, disturbance and car parking and the likely greater impact on the residential amenity of neighbouring or nearby dwellings;

ii) to ensure that any such uses will not adversely impact on residential amenity values

currently enjoyed by those in surrounding properties; iii) car parking provision of one car for each bedroom within the facility shall be provided

on the site two of which may be in tandem formation. Where a greater number of cars is required these will be examined in each case as to the position of the bays and their likely impact on the street and neighbouring properties; and

iv) residences must be connected to the Water Authority‘s reticulated water supply.

b) Should Council consider Approval of an Application, the following will apply:

i) approval is a particular approval, and is not transferable without prior written approval of Council;

ii) where the existing standard of a dwelling is considered by Council to be inappropriate,

consent may not be granted until the dwelling is upgraded to a satisfactory standard. If, after inspection, the dwelling is considered to be unsafe or inadequate for Residential Building use, the application will be refused;

iii) smoke alarms along with emergency response plans (i.e. fire escape route maps,

cyclone evacuation contingency, etc) are required and are to be clearly displayed in a conspicuous location within the dwelling;

iv) any approval granted will be for a limited period of one (1) year such that the Council

may be assured that the use will not result in any unreasonable impact on adjoining properties;

v) car parking spaces shall be well constructed, kerbed and drained to the satisfaction

and specifications of the Shire; and vi) vehicles with operating audible reversing warning systems will be prohibited; vii) in areas where driveways are steeply inclined or stabilisation problems are likely to

occur Council may require sealing of the car park and access/egress to avoid problems occurring at a later date.

The draft Policy is still to be considered by Council. Accordingly, it cannot be regarded as a substantially considered document of the Shire and its relevance to this current application is limited. However, it appropriate for Council to be reminded of the provisions of the draft Policy.


Accordingly, considering the current proposal against both PLA10 – Non-Residential Land Users in Residential Areas and draft Local Planning Policy - Conversion of Dwellings and Outbuildings to Residential Buildings‘, the following comments are made. Location The location of the proposed use has no particular significance and all parking generated to be accommodated on site. Residential Amenity The proposal‟s greatest potential for an adverse impact on the residential amenity of the surrounding area is noise generation and car parking. It is considered that both these issues can be adequately addressed in the manner set out below. As further protection against inappropriate activity on the site, however, it is recommended that Council, if it decides to grant approval, should initially limit any approval it may issue to a period of twelve months after which time the use could be reviewed. Noise Generation Noise made by guests has the greatest potential to impact on the amenity of the local area. In the event of Council deciding to issue a development approval it would be appropriate to include a condition that ensures a manager of the business oversees the use. Essential Services and Waste Disposal The proposed use will have a minimal impact on water sewerage and power supplies, as well as other essential services. Traffic Implications While the proposal will not be a significant traffic generator in absolute terms, the proposed use has the potential to cause a localised problem if the parking it generates is not accommodated on-site. For this reason a requirement that adequate on-site parking spaces be provided and that all parking generated is accommodated on-site should be included in any development approval Council may decide to issue. Emergency Escape Plan The Applicant has provided a „fire escape plan‟ that shows an assembly area within the front yard of the dwelling. It is suggested that if an Approval be granted, a condition should be included that provides information to residents on cyclone evacuation contingency should be required. Building Modifications The policy requires that the appearance of the proposed non residential use should not impact on the residential character of the surrounding area.

It is not proposed to make any external modifications to the existing dwelling which would result in this occurring. Statutory Environment

Planning and Development Act; and


Shire of Ashburton Local Planning Scheme No.7 Policy Implications Council Policy PLA10, Non-Residential Land Uses in Residential Areas and draft Local Planning Policy - Conversion of Dwellings and Outbuildings to Residential Buildings‘ are relative to this issue. Financial Implications There are no financial implications relative to this issue. Strategic Implications There are no strategic implications relative to this issue. Voting Requirement



That Council: 2. Approve the development application made by Maxine Hambley and Eric Hambley to use the

existing dwelling at Lot 403 Cameron Avenue (Corner Third Avenue), for the purposes of a residential building subject to the following conditions:

b. The development shall comply with the Shire of Ashburton‟s Local Planning Scheme

No. 7, the Health Act, the Building Code of Australia, the West Australian Fire Board Regulations and any other relevant Acts, Regulations and Local Laws.

c. Not more than six guests shall be accommodated within the premises at any one time.

d. Prior to the use commencing, a plan showing three (3) onsite parking spaces in accordance with Appendix 9 of the Scheme shall be submitted to and approved in writing by the Shire of Ashburton.

e. Prior to the use commencing, an Emergency Escape Plan shall be prepared providing

information and the method of advising residents of cyclone evacuation contingency should be required and approved in writing by the Shire of Ashburton.

f. All car parking generated by the use shall occur within the boundaries of the property.

g. Vehicle parking, manoeuvring and circulation areas are to be suitably constructed,

drained and maintained to the satisfaction of the Shire of Ashburton.


h. Car parking and vehicle circulation areas shall be available for these purposes at all times and shall not be used for any other purpose.

i. The use shall not continue beyond twelve calendar months of the date of granting this

approval, without the written approval of Council. When assessing whether the use is to be approved for a period beyond twelve calendar months, Council shall have regard to whether the use has had any adverse impact on the amenity of the surrounding area.

j. The use shall be managed to the satisfaction of Council at all times. A condition of this

approval is that the person/s with management responsibility shall be responsible for the operation of Lot 403 Cameron Avenue (corner Third Avenue), Onslow.

k. The name or names of those persons with management responsibility for the use are to

be provided in writing to Council prior to the use commencing. Council shall be advised in writing of any change in manager prior to the event occurring.

3. Council has determined this application. Rights of appeal are also available to you under

the Planning and Development Act 1928 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

ATTACHMENT 13.07.32

Author: Rob Paull

Signature:

Manager: Bernard Smith

Signature:

Attachments/13.07.32%20%20%2066%20Cameron%20St.pdf


13.07.33 TOWN PLANNING POLICIES REVIEW

FILE REFERENCE: OR.CM.1

AUTHOR’S NAME AND POSITION:



Not Applicable





Agenda Item 13.04.17 - Ordinary Meeting of Council 15 April 2008

Summary With the adoption of the Shire‟s Town Planning Scheme No. 7 („Scheme‟) , Council can convert most of its “town planning related” Council policies into Local Planning Policies („LPP‟) A LPP has a significantly greater status before independent bodies such as the State Administrative Tribunal. A number of policies have already been converted to take the form of LPP, however this process needs to be completed and updated. In addition, a new Consultation for Planning Proposals LPP is sought in order to ensure that clear, concise and structured process is established to deal with the community consultation process for planning proposals.

Background

Council may prepare Local Planning Policies („LPP‟) which are in effect, similar to Council Policies but are policies which have a significant status before bodies such as the State Administrative Tribunal, albeit not to the extent of a Local Law or the planning scheme itself. The increased status of LPP beyond that of a conventional Council Policy is only achieved after Council has followed a formal process which includes the preparation and advertising of a draft policy, a period for public submissions, and a Council review of the policy and, finally the public notification of the adopted policy. Amendments to LPP follow a similar process. When Council last undertook an overall review of Council‟s Policies/Local Planning Polices in


April 2008, it retained the following: Local Planning Policies PLA01 Home Occupancy/Home Business PLA08 Transient Workforce Accommodation (note PLA 21) PLA09 Advertising Signs Policy PLA15 Retail Uses in the Industrial Zone PLA16 Private Display/Sale of Motor Vehicles within a Public Place or on Private Land PLA17 Control of Unsightly Land in Private Ownership/ Leasehold PLA18 Alfresco Dining PLA19 Transportable Dwellings New and Secondhand PLA 20 Mineral Exploration PLA 21 Transient Workforce Accommodation (note PLA 08) (2007) PLA 22 Percent for Public Art (2008) PLA23 Parking and Setbacks - First Avenue Onslow (2009) PLA 24 Outbuildings Assessment (2009) Council Polices

PLA02 Caretaker Accommodation – Industrial Land Policy. PLA03 Antennae, Radio Masts and Satellite Dishes in Residential Areas Policy PLA04 Energy Policy PLA05 Regulation of Cat Pounds Policy PLA06 Regulation of Dog Kennels Policy

PLA 07 (deleted) PLA10 Non Residential Land Uses in Residential Areas Policy PLA11 Standard Development Conditions Policy PLA12 Standard Sub Division Conditions Policy PLA13 Design Guidelines for the Tom Price Town Centre Policy PLA14 Car Parking Requirements Policy

Comment

As the following indicates, some modifications to the LPP‟s is recommended, along with the deletion of policies that do not appear to have particular „head of power‟ to be implemented. The LPP‟s are discussed as follows:

PLA01 Home Occupancy/Home Business

This policy requires modification to reflect the „standard‟ format of the LPP and modified to be statutorily correct.

PLA02 Caretaker Accommodation – Industrial Land Policy

This policy contains inconsistencies with the Scheme and should be rewritten as a LPP to reflect Caretaker Accommodation in all relevant zones.

PLA05 Regulation of Cat Pounds Policy PLA06 Regulation of Dog Kennels Policy

These policies should be rewritten as a LPP as they relate to assessment of planning


applications and could be relied upon at any planning appeal. PLA09 Advertising Signs

This policy requires modification to reflect the „standard‟ format of the LPP and modified to be statutorily correct.

PLA10 Non Residential Land Uses in Residential Areas Policy

This policy contains inconsistencies with the Scheme and requires modification to reflect the „standard‟ format of the LPP and modified to be statutorily correct.

PLA13 Design Guidelines for the Tom Price Town Centre Policy

The policy will be eventually be revised as part of the Townsite „Revitalisation‟ process. However, in the meantime the existing policy should be modified to reflect the „standard‟ form, modified to be statutorily correct but anticipating it will be replaced in the near future.

PLA14 Car Parking Requirements Policy

This policy contains inconsistencies with the Scheme and requires modification. PLA15 Retail Uses in the Industrial Zone


PLA18 Alfresco Dining


PLA19 Transportable Dwellings New and Secondhand


PLA 20 Mineral Exploration


Please note that Council Policies and LPP are referred to should be renumbered to reflect the LPP status and to avoid confusion with „standard‟ Council Policies. PLA11 Standard Development Conditions Policy and PLA12 Standard Subdivision Conditions Policy were consolidated and significantly modified by Council at the Meeting in March 2009. New LPP‟s will be introduced over time which will add to the consistency of assessment of Council as well as being accepted by the State Administrative Tribunal.

ATTACHMENT 13.07.33 (Local Planning Policies) It is recommended that “PLA 16 Private Display/Sale of Motor Vehicles within a Public Place or on Private Land” and PLA 17 Control of Unsightly Land in Private Ownership/ Leasehold both be deleted as there does not appear to be any clear „head of power‟ to enforce the requirements of

Attachments/13.07.33%20Town%20Planning%20Council%20Policies.doc


the Policies. In this regard, a Local Law would be required to address the issues raised in the Policies. Consultation Executive Management Team Statutory Environment Local Government Act 1995 Local Government (Miscellaneous Provisions) Act 1960 Local Government Regulations (Various) Shire of Ashburton (By-Laws) Local Laws Health Act 1911 Dog Act 1976 Building Code of Australia Planning and Development Act 2004 Shire of Ashburton Town Planning Scheme No7 Local Laws Policy Implications

This item has been prepared in accordance with Council Policy ADM01 – Review of Council Policies. Financial Implications Where a financial issue exists relative for a specific policy this has been noted at that point. Strategic Implications Where a strategic implication exists for a specific policy this has been noted at that point. Voting Requirement Simple Majority Required Officers Recommendation That Council 1. Adopt the following (renumbered) as Council Policies:

PLA 1 Antennae, Radio Masts and Satellite Dishes in Residential Areas Policy

PLA 2 Energy Policy

PLA 3 Standard Development and Subdivision Conditions


2. Delete Council Policy PLA 16 “Private Display/Sale of Motor Vehicles within a Public Place or on Private Land” and Council Policy PLA 17 “Control of Unsightly Land in Private Ownership/ Leasehold”.

3. Request the Chief Executive Officer to review the issues of the private display/sale of motor vehicles within a public place or on private Land and the control of unsightly land in private ownership/ leasehold as part of any Local Law review.

4. Adopt the following as a Local Planning Policy under the provisions of Clause 2.3 of Town

Planning Scheme No.7 and be advertised in accordance with Clause 2.31 of the scheme.

LPP 1 Transportable Dwellings New and Secondhand

LPP 2 Home Occupancy/Home Business.

LPP 3 Advertising Signs

LPP 4 Retail Uses in the Industrial Zone

LPP 5 Alfresco Dining.

LPP 6 Caretaker Accommodation

LPP 7 Cat Pounds and Catteries

LPP 8 Dog Kennels

LPP 9 Non Residential Land Uses in Residential Areas

LPP10 Design Guidelines for the Tom Price Town Centre

LPP11 Cash-in-Lieu Parking Requirements

LPP12 Mineral Exploration. 5. Directs that upon completion of the advertising period referred to in 2. above, the matter to

be referred back to Council for further consideration.

6. Notes that it has previously adopted the following as a Local Planning Policy under the provisions of Clause 2.3 of Local Planning Scheme No.7:

Transient Workforce Accommodation; and

Percent for Public Art.

Parking and Setbacks - First Avenue Onslow

Outbuildings Assessment

Author: Rob Paull

Signature:


Signature:


13.07.34 PLANNING APPLICATION – ‘TRANSIENT WORKFORCE ACCOMMODATION’ USE AT LOTS 15 & 16 TUREE, PARABURDOO

FILE REFERENCE: PA.TU.0015 & PA.TU.0016 AUTHOR’S NAME AND POSITION:



Pasha Khokhar on behalf of GLH Contracting (Lessees)




Not Applicable

Summary

An application for Planning Approval has been lodged for „transient workforce accommodation‟ on Lots 15 & 16 Turee Way, Paraburdoo. The 3, four bedroom „dongas‟ and a bathroom and utility room „donga‟ have in fact, already been erected, without planning and building approval. Lots 15 & 16 are zoned „Industrial‟ under the Shire of Ashburton Town Planning Scheme No. 7 („Scheme‟). Under the Scheme, „transient workforce accommodation‟ is a prohibited use in the „Industrial‟ zone. The Applicant was made aware of the Scheme provisions prior to lodging the Application. The State Government owns the land and State Land Services has agreed to sign the Application on the basis that the Shire can make a determination of the Application. It is proposed that the Application be refused on the basis that it is prohibited under the Scheme. In addition, it is recommended that Council advise State Land Services (as land owner) and the lessee that the „ dongas‟ will need to be removed within 28 days of being advised by the Shire, otherwise appropriate legal action will be taken to enforce the scheme.

Background Lots 15 & 16 Turee Way, Paraburdoo are used for industrial purposes, (transport depot for earthmoving equipment).


An application for development approval has been lodged to construct and use the transient workers accommodation on the subject land. The „transient workforce accommodation‟ which is the subject of this application has in fact been erected and comprises 3, four bedroom „dongas‟ and a bathroom and utility room „donga‟. The attached plans show details of the project

ATTACHMENT 13.07.34

Lots 15 & 16 are zoned „Industrial‟ under the Shire of Ashburton Town Planning Scheme No. 7 („Scheme‟). Under the Scheme, „transient workforce accommodation‟ is prohibited in the „Industrial‟ zone. Comment In mid 2008, the Shire became aware that the lessee had erected four dongas on the land and was using them for the purposes of transient workforce accommodation. Further investigation revealed that the land was owned by the State Government, and the occupier of the land, GLH Contracting, leased the land. Correspondence was sent to State Land Services (as land owner) requiring the removal of the donga‟s as neither planning nor building approval had been obtained. The lessee subsequently wrote to the Shire requesting that they be allowed to retain the donga‟s. The Shire advised the lessee that under the Scheme, it wasn‟t possible for Council to consider an application for „transient workforce accommodation‟ in the „Industrial‟ zone as the use is prohibited by the Shire‟s planning scheme. It is proposed that the Application be refused on the basis that it is prohibited under the Scheme. In addition, it is recommended that Council advise State Land Services (as land owner) that the „ dongas‟ will need to be removed within 28 days of being advised by the Shire. In this regard, it is also recommended the CEO be requested to notify State Land Services that should the donga‟s not be removed, the Council authorizes appropriate legal action to be commenced for enforcement purposes. Consultation Chief Executive Office Manager Building Services State Land Services Section of Department for Planning and Infrastructure Applicant Statutory Environment Shire of Ashburton Town Planning Scheme No. 7 Under the Scheme, „transient workforce accommodation‟ is defined as:

Attachments/13.07.34%20Lot%2015%20&%2016%20Turee%20Way.pdf


―… dwellings intended for the temporary accommodation of transient workers and may be designed to allow transition to another use or may be designed as a permanent facility for transient workers and includes a contractors camp and dongas‖. The Zoning Table defines „transient workforce accommodation‟ as an x use – which means a use is not permitted by the Scheme.

Under Clause 5.4 of the Scheme, it is possible for Council to consider unlawful development, provided the Scheme allows for the use to be lawfully established. In this regard, there is no means to lawfully approve the Application as the use is prohibited.

Policy Implications Council on 16 December 2007 adopted Local Planning Policy ―Transient Workforce Accommodation‖. Specifically, the Policy States: 4.5 Location of Camps 4.5.3 The particular location of any proposed camp is at the discretion of the Shire and will

depend on the capability, suitability and appropriateness of the site for the proposal. The Shire does not support Transient Workforce Accommodation camps located:

in a position or area that would adversely affect residential, rural residential or rural

smallholdings uses or lifestyles or that would detract from any particular scenic or visual

attraction;

adjacent to recognised tourist routes, unless suitably screened or designed for

permanent use;

within any sensitive areas such as industrial buffer areas or waste water treatment plant

buffers or the following zones:

Rural Residential;

Industrial and mixed Business/Development;

Industry; or

Mixed Business. Financial Implications There are no financial implications that relate to this matter. Strategic Implications There are no strategic implications that relate to this matter. Voting Requirement

Simple Majority Required


Officers Recommendation That Council: 4. Refuse the Application for Planning Approval for the construction and use of „transient

workforce accommodation‟ at Lots 15 & 16 Turee Way, Paraburdoo for the following reasons:

a) Lot 15 & 16 Turee Way, Paraburdoo are zoned „Industrial‟ Pursuant to the Shire of

Ashburton Town Planning Scheme No. 7, „Transient workforce accommodation‟ is an „x‟ use within the Industrial Zone –not permitted by the Scheme.

b) „Transient workforce accommodation‟ is a use not appropriate to the „Industrial‟ zone.

2. Instruct the Chief Executive Officer to advise State Land Services (as land owner)and GLH Contractors (as lessees) that:

a. the „dongas‟ erected on Lot 15 & 16 Turee Way, Paraburdoo must be removed within

28 days of being advised by the Shire; and b. should the donga‟s not be removed, the Council authorizes the CEO to initiate

appropriate legal action to enforce removal of the „dongas‟.

Author: Rob Paull

Signature:


Signature:


13.07.35 PLANNING AND DEVELOPMENT REGULATIONS 2009 - ENFORCEMENT AND LEGAL PROCEEDINGS (INFRINGEMENT NOTICES)

FILE REFERENCE: OR.DA AUTHOR’S NAME AND POSITION:

Rob Paull Shire‟s Planning Consultant


Not Applicable




Not Applicable

Summary

The Western Australian Planning Commission has introduced Planning and Development Regulations 2009 that come into operation on 1 July 2009. This Report concentrates on Part 5 – Enforcement and legal proceedings (infringement notices). The Council‟s Delegation Register (DA037 Certain planning functions relating to Shire of Ashburton Town Planning Scheme No. 7) will need to be amended to reflect Part 5 of the Planning and Development Regulations 2009.

Background

The Western Australian Planning Commission has introduced Planning and Development Regulations 2009 that come into operation on 1 July 2009. The new Regulations cover a number of matters including:

Activities on State land.

Subdivision and development control.

Road access conditions.

Easements.

Compensation.

The aspect of the new Regulations this Report seeks to bring to the attention of Council is Part 5 – Enforcement and legal proceedings (infringement notices)


Comment Part 5 of the Planning and Development Regulations 2009 Part 5 of the Planning and Development Regulations 2009 („PD Regulations‟) is new. It has been prepared to give effect to Division 3 of Part 13 of the Planning and Development Act 2005 („PD Act‟). Those provisions establish a regime whereby a designated person appointed by the responsible authority under section 234 may issue an infringement notice to a person (the „alleged offender‟) where the designated person has reason to believe that the person has committed a prescribed offence. The following offences are prescribed under Regulation 42 as offences for which an infringement notice can be issued by a designated person:

failing to comply with a direction given by a responsible authority regarding unauthorised development: Section 214;

contravening a planning scheme: Section 218;

commencing, continuing or carrying out development in a planning control area without obtaining prior approval: Section 220;

contravening an interim development order: Section 221;

undertaking a prohibited activity on State land: part 2 of the Regulations; and

contravening a road access condition: Regulation 31 of the Regulations. Regulation 42 also prescribes the modified penalty for each offence. These penalties are typically $500. Regulation 43 states that the designated person must issue an infringement notice in form 2, which is prescribed under schedule 1 of the PD Regulations. If an infringement notice is to be withdrawn under section 231 of the PD Act, the designated person must use form 3, which is also prescribed in schedule 1.

Implementation of the infringement notices regime It is intended that infringement notices will be used in straightforward matters where it is clear that an offence has been committed. In considering the circumstances in which an infringement notice may be issued, the following considerations are relevant:

whether the offence committed is a minor contravention of the Act or scheme;

whether the physical elements of the offence are clear cut;

whether the evidence gives the designated person reason to believe that the alleged offender committed the offence;

whether it is appropriate for an infringement notice to be issued for the offence;

whether issuing an infringement notice would be an effective means of addressing the offence; and

whether the use of an infringement notice and payment of a modified penalty to address the offence reduces the impression of the seriousness of that offence.

An infringement notice must be given to the alleged offender within six months after the offence is believed to have been committed. However, to ensure that matters are dealt with promptly, the


WAPC recommends that local governments attempt to issue an infringement notice as soon as possible after the offence has been committed. This ensures that the breach of the PD Act or regulations is addressed promptly. The evidentiary burden that applies for a prosecution must be satisfied before an infringement notice is given to an alleged offender. From a practical perspective, if the alleged offender elects to go to court rather than pay the modified penalty, the responsible authority must have the evidence necessary to prosecute the alleged offender. As such, the responsible authority/ designated person should investigate the offence as if it was intended to prosecute the alleged offender for committing the offence. Circumstances in which an infringement notice may be issued For offences under Sections 214, 218, 220 and 221 of the PD Act, the circumstances in which it would be appropriate to issue an infringement notice, following consideration of the matters set out in section 5, include:

unauthorised erection of signs;

unauthorised storage and wrecking of motor vehicles (for example, derelict vehicles in front yard of dwelling);

unauthorised parking of motor vehicles (for example parking of commercial trucks in residential areas);

operating a business or conducting an activity outside of the approved operating hours of such business or activity;

exceeding the approved capacity limit of land or premises used for business or activity;

failure to provide adequate car parking facilities;

failure to provide appropriate access;

failure to undertake and maintain landscaping (where this a condition of approval);

unauthorised or non-conforming garden walls and/or retaining walls;

unauthorised dumping of waste;

unauthorised storage of materials;

unauthorised clearing of vegetation;

unauthorised use of land or buildings (for example, use of residential premises for commercial purposes);

unauthorised change in the type of land use (for example, change from warehouse to showroom; or residential to consulting rooms); and

unauthorised minor works. Consultation Chief Executive Officer Statutory Implications Planning and Development Regulations 2009, Part 5 – Enforcement and Legal Proceedings


Policy Implications

The Delegation Register (DA037Certain planning functions relating to Shire of Ashburton Town Planning Scheme No. 7) will need to be amended to reflect division 3 of part 13 of the Planning and Development Act 2005 and Part 5 of the Planning and Development Regulations 2009. Financial Implications

There are no financial implications relative to this issue. Strategic Implications

There are no strategic implications relevant to this issue. Voting Requirement


That Council 1. Note this Report; and

2. Amends the Delegation DA037 ‗Certain planning functions relating to Shire of Ashburton

Town Planning Scheme No. 7‘ to reflect reference to division 3 of part 13 of the Planning and Development Act 2005 and Part 5 of the Planning and Development Regulations 2009 as follows:

―B. Authorisation is given to issue an infringement notices pursuant to division 3 of part 13 of

the Planning and Development Act 2005 and Part 5 of the Planning and Development Regulations 2009 and where deemed necessary, institute legal proceedings and on behalf of the Shire of Ashburton for breaches of the provisions of TPS. No.7‖.

Author: Rob Paull

Signature:


Signature:


13.07.36 DEVELOPMENT APPROVALS ISSUED UNDER DELEGATION – SHIRE OF ASHBURTON TOWN PLANNING SCHEME NO.7

FILE REFERENCE: PS.TP.7 AUTHOR’S NAME AND POSITION:

Belinda Chambers Executive Assistant Development Services


Not applicable




Not applicable

Summary

Council has delegated to the Manager Building Services the authority to issue development approvals pursuant to the Shire‟s Town Planning Scheme No.7, in certain circumstances. Details of approvals issued by the Manager Building Services since the last Council Meeting are set out in this report.

Background

Council has delegated to the Manager Building Services the authority to issue development approvals, pursuant to the Shire‟s Town Planning Scheme No.7, in certain circumstances. Details of approvals issued by the Manger Building Services since the last Council Meeting are set out below. Comment

Six (6) approvals have been issued under delegation up until the date of this report. These were for:

Planning Application – Robe River Mining Co Peedamulla Way, Pannawonica 10 x New Dwellings


Planning Applications – JAG Marine Holdings Beadon Creek Harbour, Onslow Perimeter Fence, Bitumen seal & Transportable office

Home Occupation Application – Jodie Bedwell 335 Willow Road, Tom Price Hair dressing

Home Occupation Renewal – Sonia Finlay 1202 Wilgerup Street, Tom Price Hair dressing

Home Business Application – Jeff Brenton 1763 Larnook Street, Tom Price Pilbara Gorge Tours

Home Occupation Renewal – Louise Gillett 1174 Tarwonga Circuit, Tom Price Gillies Cakes & Pastries

Home Occupation Renewal – Nicola Thomson 454 Beadon Creek Road, Onslow Relaxation Massage & Beauty Therapy

Home Occupation Renewal – Gaynor O‟Donnell 1135 Yanagin Place, Tom Price Botanical Medicine

Home Occupation Renewal – Melanie Perry 15 Cogelup Way, Tom Price Carpet Hotline

Details of the approval may be obtained from the Manager Building Services. Statutory Environment

Clause 9.3 of the Shire of Ashburton Town Planning Scheme No.7. Sections 5.45, 5.46, 5.70 and 5.71 of the Local Government Act 1995. Shire Code of Conduct.

Policy Implications

There are no policy implications relative to this matter.


There are no financial implications relative to this matter.



Values:

Professionalism

Quality service delivery & services

Our Focus:

Economic growth and diversity

Quality lifestyle and social well being

Ecological sustainability and best practice environmental management

Improved services and infrastructure

Best practice local government

Critical Success Factors:

Sound management practices

Determination and implementation of the agreed levels of services and service delivery

Action Plan, Improved Services & Infrastructure:

Review & implement managerial policies and practices

Voting Requirement

Simple Majority Required

Recommendation

That the contents of this report be noted.

Author: Belinda Chambers

Signature:

Manager: Bernie Smith

Signature:


13.07.37 PLANNING APPLICATION AND STATE ADMINISTRATION TRIBUNAL MEDIATION OUTCOMES – OVER SIZED SHED AT LOT 221 COGELUP WAY, TOM PRICE.

FILE REFERENCE: TP.CJ.221 AUTHOR’S NAME AND POSITION:



B. A. Thomas




Agenda Item 13.04.10 Ordinary Meeting of Council, 21 April 2009

Summary An application for Planning Approval for an over sized outbuilding (116m2) on land zoned Residential R20 at Lot 221 Cogelup Way, Tom Price, was refused by Council at its April 2009 meeting due to the building‟s excessive bulk, the inappropriate nature of its proposed use within a residential zone and the fact that vehicular access was proposed from Killawarra Drive. The Applicant lodged an appeal with the State Administrative Tribunal (SAT) and Mediation was held with a SAT Mediator, the Applicant, CEO and Consultant Planner at Tom Price on 3 July 2009. Based on the preparedness of the Applicant to amend the proposal, the Tribunal subsequently issued orders inviting Council to reconsider its decision. The modifications proposed include a reduction in the building‟s floor area and bulk The Applicant still seeks access to Killawarra Drive through an existing gate. The modifications generally reflect the recently adopted Draft Local Planning Policy – Outbuildings Assessment Policy, however the wall height under the Policy is 2.4m (3.5m wall height is sought). The modified building will substantially dominate the immediate locality however on the basis of the acceptance of neighbours to the original application, its proposed setback of 3.5 metres to the side boundary and substantial compliance with the Policy, it is recommended that SAT be advised that subject to conditions, the modified plan is acceptable.


Background An application for Planning Approval for an over sized outbuilding (116m2) on land zoned Residential R20 at Lot 221 Cogelup Way, Tom Price was considered by Council at it‟s April 2009 meeting. A two-storey dwelling is located on the land. The size of the proposed „colourbond‟ shed was 10m x 11.6 m (116m2) with a 4.3m wall height and 5m ridge height. The proposed shed was sited at the rear of the lot with setbacks to the eastern boundary of 3.5m and 1.4m to the rear (northern) boundary. The sliding door of the proposed shed faced the eastern boundary with an existing gate to Killawarra Drive. The land owner had commenced construction of the shed and was issued the appropriate „stop work‟ notice. He was advised of the need to apply for relevant planning and building approvals. Council determined the Application for Planning Approval at its April 2009 meeting as follows: ―That Council: Refuse the Application for Planning Approval for an over sized outbuilding (116m2) at Lot 221 Cogelup Way, Tom Price for the following reasons: 1. The proposed outbuilding is not in keeping with the General Objectives of the

Residential Design Codes, namely Clause:

1.3.1(c) To protect the amenity of adjoining residential development. 2. The bulk and scale of the outbuilding is inappropriate for residential use. 3. The orientation of the outbuilding is such that it directly faces Killawarra Drive.

Access to Killawarra Drive is not supported by Council, for traffic safety reasons 4. The proposed use is inconsistent with the objectives of the Residential zone‖. The Applicant lodged an appeal with the State Administrative Tribunal (SAT) and Mediation was held with a SAT Mediator, the Applicant, CEO and the Shire‟s Consultant Planner at Tom Price on 3 July 2009. Based on the preparedness of the Applicant to amend the proposal, the Tribunal subsequently issued orders inviting Council to reconsider its decision. The amendments proposed in relation to Application are as follows:

Shed area reduced from 116m2 to 90m2.

Wall height reduced from 4.2m to 3.5m.

Ridge height reduced from 5m to 4.2m.

The Applicant still seeks access to Killawarra Drive through an existing gate. Comment The size of the shed is larger than what is normally considered necessary for residential purposes. The landowner does appear to operate a business from the home and the shed use


relates to both business and home uses. A copy of the Applicant‟s further submission and modified plan is included as Attachment 13.07.37

ATTACHMENT 13.07.37 While the proponent‟s latest written submission does not state the following, the applicant advised those attending the Mediation Conference that

The 3 tonne truck which is parked either on the Cogelup Way Street frontage or Killawarra Drive verge is to be sold.

The 10 tonne truck which is usually parked adjacent to the 3 tonne truck will be parked inside the boundary property, along the eastern (Killawarra Drive) boundary. Further it will be substantially screened from view by a gate on the Cogelup Way property frontage.

The existing sea container, located on Killawarra Drive/Cogelup Way corner of the site will be removed once its contents are transferred to the completed shed.

The modifications generally reflect the recently adopted Draft Local Planning Policy – Outbuildings Assessment Policy, however the wall height recommended under the Policy is 2.4m (3.5m wall height is sought). Council has in past agreed to an oversized shed with a 5m ridge height and a wall height of 3m at Lot 791 Kulai Street, Tom Price (Council meeting at its meeting 26 March 1996). This shed however is in the rear yard of the dwelling and does not appear to dominate the landscape. The Applicant has also set the building back from the side boundary to 3.5m. Under the R Codes, only one (1.5) metres is required. The modified building will dominate the immediate locality however on the basis of the acceptance by neighbours, the setback of the building 3.5 to the side boundary and substantial compliance with the Policy, it is recommended that the SAT be advised that subject to conditions, the modified plan is acceptable. With respect to access to Killawarra Drive, the Applicant considers that he has „approved‟ access through an existing gate. Although a Building Licence was issued with a gate to Killawarra Drive from the subject land, this does not reflect formal approval. Further, the Executive Manager Engineering Services is strongly of the opinion that access via Killawarra Drive should not be supported. It is recognised, however that Council would have difficulty to physically to prevent direct access to Killawarra Drive, as there are no clear legal provisions to deny such access. In this regard, it is recommended that the Council not oppose the Application for the oversized shed on the basis of access. However, it is reasonable to advise the Applicant that Council will not agree to formal sealing of access or the formation of a crossover. In addition, should the existing curbing be damaged, Council may seek to undertake legal action to rectify the curbing and to have access closed. In conclusion, it is noted that Clause 6.7 of the Shire‟s Planning Scheme requires Shire approval to park commercial or individual vehicles on a residential property, under certain circumstances. On this basis, the applicant will require separate approval for this activity from the Shire.

Attachments/13.07.37%20Oversize%20Shed.pdf


Consultation Chief Executive Officer Executive Manager Development Services Executive Manager Engineering Community consultation was not undertaken as part of Mediation. However, as part of the original Application, the Applicant sought and received letters of no objection from adjoining and opposite occupiers. Statutory Environment Shire of Ashburton Town Planning Scheme No. 7 Residential Design Codes. State Administrative Tribunal Act 2005 Policy Implications The Local Planning Policy – Outbuildings Assessment Policy was adopted by Council in April 2009 that seeks to establish a local planning policy for the outbuildings in the residential areas of Shire. Financial Implications

There are no strategic implications that relate to this matter. Strategic Implications

There are no strategic implications that relate to this matter. Voting Requirement Simple Majority Required Officers Recommendation

That Council: 1. That the Council instruct the Chief Executive Officer to settle SAT Matter No. DR 183 of 2009

with respect to an over sized outbuilding (90m2) at Lot 221 Cogelup Way, Tom Price by way of a SAT consent determination approving the modified plan („Mediated Plan‟) subject to the following conditions and advice note:

i. All development is to be in accordance with the approved Plan including any

amendments placed thereon by the Shire of Ashburton and except as may be modified by the following conditions.


ii. A building licence application under the provisions of the Local Government Miscellaneous Provisions Act must be submitted to and approved by the Shire of Ashburton prior to the commencement of any on-site works whatsoever.

iii. The design, materials and colours of both the existing and proposed development are

to be matched to the satisfaction of the Shire of Ashburton. Details to be submitted prior to or with the building licence application.

Advice to Applicant from Council Council does not oppose the Application for the oversized shed on the basis of access to Killawarra Drive. However, Council will not agree to any formal sealing of access or the formation of a crossover from the subject land to Killawarra Drive. Should the existing curbing be damaged, Council may seek to undertake legal action to rectify the curbing and to have access closed. Council also reiterates advice provided by Shire representatives at the SAT mediation in relation to Clause 6.7 „Residential Zone‟ as follows: 6.7.1 Unless prior planning approval has been granted by Local Government, no person shall, within a residential zone: (a)park or allow to remain stationary for more than four hours consecutively: (i) more than one commercial or industrial vehicle on a particular lot, (ii) a commercial or industrial vehicle, boat trailer, boat, movable dwelling, recreational vehicle, freight container or other storage device unless it is parked in a domestic garage or outbuilding, or such vehicle is parked entirely on the lot in a position which is not unduly obtrusive, (iii) any vehicle which, due to size or load, is not capable of being completely parked within a domestic garage or outbuilding having a maximum floor area of 45 square metres in which no horizontal dimension is more than 15 metres, (iv) a vehicle which, together with its load, exceeds three metres in height or longer or wider than permitted on roads without requiring special warning signs, unless the vehicle is being used in connection with building or construction works,

(b) build, repair, paint, service, or renovate any marine vessel, caravan, commercial or industrial vehicle in front of the building line.

In this regard, the Applicant is advised that the approval of the parking of a commercial vehicle in the oversized shed would still require the consent of Council.

2. That the Chief Executive Officer be delegated authority to approve any required SAT consent

orders for the remaining DGP documentation and any modified conditions relating to the modified DGP plans the subject of the consent determination in 1 above.


Author: Rob Paull

Signature:


Signature:


13.07.38 DEVELOPMENT SERVICES DECISION STATUS REPORT #

Council Meeting

(mm/yy

Agenda


1. 06/09 13.06.21 Draft Local Planning Policy – Conversion of Dwellings to Residential Buildings

That Council: 1. Council adopts the draft Local Planning Policy -

Conversion of Dwellings and Outbuildings to Residential Buildings‘ as a Draft Local Planning Policy under the provisions of clause. 2.3 of Town Planning Scheme No. 7 and it be advertised in accordance with clause 2.31 of the scheme.

2. Upon completion of the advertising period the matter be referred back to Council for further consideration.

Ongoing Currently being advertised in accordance with Town Planning Scheme no 7.

2. 06/09 13.06.22 Draft Local Planning Policy – Consultation for Planning Proposals

That Council: 1. Council adopts the draft Local Planning Policy -

Consultation for Planning Proposals as a Draft Local Planning Policy under the provisions of clause. 2.3 of Town Planning Scheme No. 7 and it be advertised in accordance with clause 2.31 of the scheme. (see attachment 13.06.22)

2. Upon completion of the advertising period the matter be referred back to Council for further consideration.

Ongoing Currently being advertised in accordance with Town Planning Scheme no 7.

3. 06/09 13.06.23 Draft Local Planning Policy – Outbuildings Assessment Policy for Adoption

That Council 1. Adopt the draft Local Planning Policy – “Outbuilding

Assessment Policy” as a Local Planning Policy (attachment 13.06.23) under the provisions of the Shire of Ashburton Town Planning Scheme No. 7.

2. Give public notice of Council‟s decision as is required by the Shire of Ashburton Town Planning Scheme No. 7.

Finalised Adopted & advertised in accordance with Town Planning Scheme no 7


#

Council Meeting

(mm/yy

Agenda


4. 06/09 13.06.24 Development Application – Extension to Tom Price Medical Centre Building (Transportable Building), (Rear) Lot 854 Central Road, Tom Price – Request for Council to Review of Decision

That Council: 1. Approve the Planning Application made by RTIO for

Doctor‟s Examination building (transportable building) on Lot 854 Central Road, Tom Price in accordance with the submitted plans and subject to the following conditions:

(Council decision included various conditions and advice notes)

Finalised Notice of Council Determination forwarded to applicant

5. 06/09 13.06.25 Draft Local Planning Policy Parking & Setback – First Avenue, Onslow for Adoption

That Council 1. Adopt the draft Local Planning Policy – Parking &

Setback Policy - First Avenue, Onslow as a Local Planning Policy as amended (Attachment 13.06.25) under the provisions of the Shire of Ashburton Town Planning Scheme No. 7.

2. Give public notice of Council‟s decision as is required

by the Shire of Ashburton Town Planning Scheme No. 7.

3. Advise the authors of the submission to Council.

Finalised Adopted & advertised in accordance with Town Planning Scheme no 7 Authors of submissions to Council notified of Council decision in writing

6. 06/09 13.06.26 Tender Paraburdoo Caravan Park, Lot 1 Camp Road, Paraburdoo

That Council accept the tender from Gumala Aboriginal Corporation to construct and operate a caravan park on Lot 1 Camp Road, Paraburdoo in accordance with its tender submission, subject to

(a) the development being limited to Stages 1 and 2 as illustrated on the attached plans, except modified to reflect a reduction in the number of 3 bedroom cabins from 5 to 3 and there being a corresponding increase in the number of deluxe, two bedroom VIP cabins.

Ongoing GAC advised of Council decision in writing. Company given until 21 July 2009 to accept conditions.


#

Council Meeting

(mm/yy

Agenda


7. 06/09 13.06.27 Proposed Tourist/Caravan Park with potential to use all or part of the Park for Transient Workforce Accommodation, Lot 1 Camp Road, Paraburdoo

That Council:

(a) Advise the Gumula Aboriginal Corporation that it consents to the signing of the Application for tourist/caravan park with potential for transient workforce accommodation at Lot 1 (on Plan 187365 Vol 1821 and Fol 93) Camp Road, Paraburdoo as it is the opinion of Council that it reflects the purpose of the proposed Lease and is in accordance of Council resolution of 19 August 2008;

(b) Subject to (a) above, Council Approve the Application

for Planning Approval made by Gumula Aboriginal Corporation for tourist/caravan park with potential for transient workforce accommodation at Lot 1(on Plan 187365 Vol 1821 and Fol 93) Camp Road, Paraburdoo in accordance with the submitted plans submitted with the Application (Stages 1 and 2 only) and subject to the following conditions:

(Council decision included various conditions and advice notes)

Tenderer advised of Council decision – approval to be sent once fees have been paid.

8. 05/09 13.05.17 Draft Local Planning Scheme Amendment No 4 – rezoning of land reserved for „Parks Recreation and Drainage Reserve‟ Lot 854 Court Street, Tom Price to „Community Zone‟ and lots 1049 & 1050 Gunggari Circuit and Lot 1053 Ceron

That Council: Approve the Planning Application made by RIO Tinto Iron Ore Pty Ltd to construct and use a building as a Doctor‟s Examination building (transportable building) in accordance with the submitted plans and subject to the following conditions: 1 A Building Licence for the development should be

obtained prior to March 31, 2010. This Planning Consent lapses if a Building Licence for the development has not been obtained by March 31, 2010. Further to this, if the

Ongoing. Documents prepared and referred to WAPC/Minister for Planning for final approval.


#

Council Meeting

(mm/yy

Agenda


Street, Tom Price to „Residential R20‟(considerations of adoption for final approval)

development is not substantially commenced in accordance with the Building Licence by March 31, 2010, then this Planning Consent lapses at that date.

2 2. The land use and development shall be undertaken

generally in accordance with the approved plans, in a manner that is deemed to comply with the to the satisfaction of the Shire of Ashburton.

3 Prior to occupation of the building, a screen wall is to be erected fronting Court Street with a minimum of 1.8 metres in height and to be designed and constructed to the satisfaction of the Shire of Ashburton. Details of the screen wall to be submitted with the building licence application.

4 Plans shall be submitted with the building licence

application are to show details of stormwater and roof run-off disposal to the satisfaction of the Shire of Ashburton.

5 The building shall be connected to a reticulated water

supply and reticulated sewer to the satisfaction of Pilbara Iron Infrastructure prior to occupation of the development.

Advice Notes 6 A Building Licence application under the provisions of the

Local Government Miscellaneous Provisions Act must be submitted to and approved by the Shire prior to the demolition of existing buildings and the commencement of any on-site works whatsoever.

7 Further to this approval, the Applicant is required to submit

working drawings and specifications to comply with the requirements of Part 4 of the Building Regulations, 1989


#

Council Meeting

(mm/yy

Agenda


(as amended) and the Health Act, 1911 (as amended) which are to be approved by the Shire‟s Principal Building Surveyor and Principal Environmental Health Officer prior to the issue of the Building Licence.

8 Rights of appeal are also available to you under the

Planning and Development Act 2005 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

9. 04/09 13.04.10 Planning Application – Over Sized Shed at Lot 221, Cogelup Way, Tom Price

That Council: Refuse the Application for Planning Approval for an over sized outbuilding (116m2) at Lot 221 Cogelup Way, Tom Price for the following reasons:

1. The proposed outbuilding is not in keeping with the General Objectives of the Residential Design Codes, namely Clause:

1.3.1(c) To protect the amenity of adjoining residential development.

2. The bulk and scale of the outbuilding is inappropriate for residential use.

3. The orientation of the outbuilding is such that it directly faces Killawarra Drive. Access to Killawarra Drive is not supported by Council, for traffic safety reasons

The proposed use is inconsistent with the objectives of the Residential zone

On-Going Notice of refusal sent to applicant. Applicant has Appealed to the State Administrative Tribunal and. Mediation undertaken on 2 July 2009 in Tom Price. Applicant to submit revised plan (referred to in current agenda).

10. 04/09 13.04.11 Draft Local Planning Scheme Amendment No 3 – Modification to the

1. That the Council, in pursuance of Part V of the Planning and Development Act 2005, adopt draft Amendment No. 3 to the Shire of Ashburton Local Planning Scheme No. 7 for

Ongoing. Documents prepared and


#

Council Meeting

(mm/yy

Agenda


Zoning Table to allow „aged or dependent Persons Dwelling‟ as a „Discretionary‟ use within the „Community Zone‟ – (Consideration of Adoption for Final Approval)

final approval, which proposes to modify the zoning table as follows: (a) Identifying „Aged or Dependent Persons Dwelling‘ as

a 'D' use class in the „Community‟ zone;

2. That the Council note that no submissions were received in response to the community consultation undertaken in relation to Scheme Amendment No.3.

3. That the Council refer Amendment No. 3 to the Shire of Ashburton Local Planning Scheme No. 7 for final approval, to the Western Australian Planning Commission with a request for the approval of the Hon. Minister for Planning.

4. That, where notification is received from the Western

Australian Planning Commission that a modification of the amendment is required prior to approval of the amendment by the Minister, this modification is to be undertaken in accordance with the requirements of the Town Planning Regulations 1967, unless it is considered by the Shire that the modification affects the intent of the amendment in which case it shall be referred to the Council for consideration.

referred to WAPC/Minister for Planning for final approval.

11. 05/08 13.05.23 Council Policy Review – Health

Directs the Chief Executive Officer to draft a new Council Policy relating to Aboriginal Environmental Health Strategy and report back to Council

Ongoing. In line with a new AEHW being appointed recently, the PEHO will update the existing SOA Aboriginal Health Strategy.

12. 04/08 13.04.17 Town Planning Policies That Council Finalised


#

Council Meeting

(mm/yy

Agenda


Review 1. Retains Local Planning Policies PLA01; PLA08; PLA09; PLA15; PLA16; PLA17; PLA18; PLA19 and PLA20 without amendment.

2. Direct the Chief Executive Officer to prepare draft Local Planning Policies generally similar to Council Policies PLA02; PLA10; PLA11; PLA12 PLA13 and PLA14 for submission to Council.

3. Retain Council Policies PLA03, PLA04 and PLA06 without amendment.

4. Retain Council Policy PLA05, subject to all references in the policy to “cat pound” be changed to “cattery”.

5. Delete Council Policy PLA07 and refer the matter to the Old Onslow Town site Working Group with the objective of developing a new policy.

. Report prepared for Council consideration in the July Agenda.

14 03/08 13.03.10 Town Planning Scheme Amendment No. 1 – Lot 300 Boonderoo Road, Tom Price

That Council, in pursuance of Part V of the Planning and Development Act 2005 ("Act") adopt for final approval Amendment No.1 as advertised, subject to the following modifications: 1. That new parts be included in the Amendment as follows:

(a) an asterisk be placed next to „I‟ of the zoning table

coordinated between „Transient Workforce Accommodation and „Mixed Business‟. (b) include the following note immediately after the Zoning

Table: ―* Note: Clause 6.9.5 prohibits ‗Transient Workers Accommodation use at Lot 300 Boonderoo Road, Tom Price‖

(c) include new Clause 6.9.5 of the Scheme to read as follows: ―6.9.5 Notwithstanding any other provision of

this Scheme, the use and development of ‗Transient Workers Accommodation at Lot 300 Boonderoo

Ongoing Amendment submitted to Western Australian Planning Commission/Minister for Planning for final approval.


#

Council Meeting

(mm/yy

Agenda


Road, Tom Price is prohibited‖ 2. That Council, upon receipt of the necessary amending

documentation, refers the Amendment so adopted for final approval to the Western Australian Planning Commission with a request for approval of the Minister for Planning and Infrastructure.

3. Where notification is received from the Department for Planning and Infrastructure that a modification of the Amendment is required prior to approval of the Amendment by the Minister, this modification be undertaken in accordance with the requirements of the Town Planning Regulations 1967 unless it is considered by the Chief Executive Officer that the modification affects the intent of the for consideration.

4. Should the Proponent not provide the necessary amending

documentation referred to in 2. above to the satisfaction of the Executive Manager Development Services, the Chief Executive Officer be requested to make appropriate arrangements to ensure that the modifications to Amendment No. 1 are carried out.

15 03/08 13.03.11 Town Planning Scheme Amendment No. 2 – Modification to the Scheme to reflect local planning policy – Transient Workforce Accommodation

That Council, in pursuance of Part V of the Planning and Development Act 2005 ("Act"), adopt for community consultation purposes draft Amendment No. 2 ("Amendment") to Shire of Ashburton Town Planning Scheme No. 1 ("Scheme") that proposes: 1. That the zoning table be modified as follows:

(a) Identifying „Transient Workforce Accommodation‟ as a 'X' use class in the „Mixed Business‟ zone;

(b) Identifying „Transient Workforce Accommodation‟ as a 'X' use class in the „Industrial & Mixed Business Development‟ zone; and

(c) Identifying „Transient Workforce Accommodation‟

Ongoing. Further information being gathered for Council. Being considered in association with Tom Price Structure Plan.


#

Council Meeting

(mm/yy

Agenda


as a 'X' use class in the „Rural Living‟ zone;

2. That, as the draft Amendment is in the opinion of Council consistent with Part V and Schedule 1 of the Act, regulations made pursuant to the Act and relevant state planning policy prepared under Part III of the Act, that upon preparation of the necessary documentation, the draft Amendment be referred to the Environmental Protection Authority (EPA) as required by Part V of the Act, and on receipt of a response from the EPA indicating that the draft Amendment is not subject to formal environmental assessment, be advertised for a period of 42 days, in accordance with the Town Planning Regulations 1967.

3. That following advertising of the draft Amendment, the matter be referred back to Council for further consideration.

16 11/07 13.11.41 Land Relinquishment That Council That Council advise Rio Tinto Iron Ore P/L and the Minister for State Development that 1. on the basis of discussions to date, the Shire is unable to

provide a letter confirming satisfactory progress has been made by the company in the release of company controlled land, but

2. the Shire is of the opinion that a time extension until 31

December 2008 is warranted subject to the company

a. initiating and financing an independent review of existing power, water and sewer infrastructure in Tom Price. The purpose of the review being to assess the capacity and functionality of the current infrastructure to;

Ensure the existing facilities are capable of serving the

Ongoing Subject of report to August 2009 Council meeting


#

Council Meeting

(mm/yy

Agenda


infrastructure requirements of Tom Price as it is currently developed and zoned for development under the Town Planning Scheme No 7

Ensure the infrastructure complies with current Australian Standards

Estimate the useful remaining life of the existing infrastructure and the renewal gap cost The review will prioritise any works required and provide timelines for implementation of the recommendations. The review to be completed and accepted by the Shire of Ashburton by 30

th April 2008.

b. Implementing the recommendations contained in the Consultant‟s report at the cost to the company.

c. funding an independent Order of Magnitude study with regard to future capacity requirements based on long term Town Planning options. The company will seek to develop the Terms of Reference for the study in conjunction with the Shire of Ashburton. The study shall enable key stakeholders to understand what the future capacity requirements may be, however there is no commitment on behalf of the company in terms of developing the future capacity.

d. agreeing to relinquish one of two Lots of residentially zoned land in Tom Price currently held under a special lease. These lots are known as:

Lot 2B “Golf Course subdivision” and;

Lot C “Karijini Special Use Zone”

e. committing to review its potential requirement for further residential housing development in line with Operational needs by end of 2008. The company shall advise the Shire accordingly of any requirements with a view to entering


#

Council Meeting

(mm/yy

Agenda


into discussions around potential for the company to relinquish the second lot as per above.

f. shall, in consultation with the Shire of Ashburton, establish a process to facilitate the development of land within Tom Price similar to a normal service provider.

g. participating and assisting with the development of a

Structure Plan for Tom Price along with other stakeholders including Land Corp, DPI, DOIR and the Shire of Ashburton.

h. undertaking an urgent and realistic assessment of the infrastructure needs to support the development of the proposed tourist facility off Central Road. RTIO will provide the required facilities within reasonable proximity (30m max.) of the site (sewer to be at lowest point ).

i. with the Shire establishing a process to progress the

normalisation of water, electricity and sewer infrastructure.

j. with the Shire establishing a Memorandum of Understanding to articulate the aspirations of both parties and to establish a framework to work cooperatively to achieve those aspirations.

18 06/05 12.06.1227 Staff Housing Upgrade That a comprehensive review of the Staff Housing Plan be undertaken for Council‟s further consideration, to incorporate recommendations for dwelling refurbishments, replacement and acquisition and appropriate funding strategies

Ongoing. Commenced. Some aspects of Housing Plan will be incorporated into AWA & Policy Review.


14.07.11 WESTERN OPERATIONS DECISION STATUS REPORT

# Council Meeting

Agenda


ENGINEERING

1. 03/09 15.03.01 Mosquito Management Plan

That Council 1. Formalise a Mosquito Control Program for

the Shire of Ashburton 2. Approve the unbudgetted capital expenditure

of $23,000 on Mosquito Control Progam assets

Ongoing PEHO to prepare Shire wide strategy

2.

02/03 10.01.673 Onslow Sea Wall Ownership and Progress Report MES

Advise the contractor, WA Limestone/Roadstone JV, that the surface of the boat ramp at First Avenue, Onslow, is not acceptable due to the unevenness of the patched section and the small voids that exist in other parts of the surface; Approve the additional works associated with the Onslow sea wall project to be: (a) Ocean View Caravan Park Reserve retaining soil $20,000; (b) Seniors Units & Sun Chalet reserves area fill to level behind sea wall $35,000; (c) Beach replenishment $15,000; (d) Design disabled access $5,000; and (e) Survey and peg reserve boundaries $7,000. Have the property boundaries surveyed and marked on site before further considering formal control of the sea wall being accepted.

Ongoing Survey completed Feb 2009

(a) Complete (b) Complete (c) Complete Development Services progressing

COMMUNITY


# Council Meeting

Agenda


3 06/09 14.06.08 Proposed Onslow Multipurpose Sports Facility (Including Racecourse)

That Council (a) Advise the Onslow Recreational Clubs

Association that it continue to support the proposed development in principle.

(b) Inform the Onslow Recreational Clubs Association that the Shire is willing to provide conditional access to the land identified for the proposed Onslow Multipurpose Sports Facility for non intrusive investigations (e.g., Heritage and Environmental Studies), subject to the Association acknowledging that such Shire approval is not interpreted to mean that the land will definitely become available to the Association.

(c) Support the rezoning of the existing Onslow Strategic Industrial Area to “Rural” pursuant to the Shires Town Planning Scheme No 7.

Ongoing

4 06/09 14.06.09 Onslow Multi Purpose Complex – Approval to commence works

That Council approves 1. The immediate commencement of

works on the Onslow Multi Purpose Complex.

2. The allocation of $100,000.00 towards the commencement of works in the 2008/2009 budget.

Ongoing


# Council Meeting

Agenda


5 06/09 16.06.09 Gorgon Social Impact Management Plan

That Council endorse Chevron‟s actins as it develops a proactive engagement plan with the Shire, in relation to its Social Impact Management Plan

Ongoing

6 05/09 14.05.04 Lot 944 First Street, Onslow Reserve 42626

That Council, following their scheduled inspection of the property 944 First Street Onslow, resolve to contract a heritage architect to assess the property and provide a report to Council outlining future options and costs and include the cost in the draft 2009/10 Budget

Ongoing At the June 2009 Council Meeting Councillors were offered the opportunity to view the house. A further agenda item will be presented to Council in August.


# Council Meeting

Agenda


7 11/08 14.11.18 Pannawonica Community Plan

That Council advise the Minister for State Development and Robe River Mining Company Pty Ltd, that

(a) The Shire views with concern the company‟s public release of the Pannawonica Community Plan prior to the Council having an opportunity to formally consider the Shire initiated plan

(b) It does not support the Pannawonica Community plans prepared by the company for the following reasons:

a. The community infrastructure

and services components of the plan lack definition, are limited in scope and are largely uncosted

b. The community plan largely consists of elements which are not community infrastructure or services

c. The community plan is based on a workforce which appears to have a greater emphasis on Fly In – Fly Out operators based in Pannawonica than when the Mesa A project was submitted to the Minister for State Development for approval pursuant to the State Agreement.

Ongoing Awaiting Robe River Mining Company Pty Ltd to provide copy of amended plan

CORPORATE

8 03/05 12.03.120 Robe River Memorandum of Understanding

That Council agrees to the Memorandum of Understanding between the Shire of Ashburton and Robe River containing the following commitments: 1. The Shire of Ashburton leasing:

The Library, Shire Office and Sentinel Chicken Coops;

Ongoing Discussions with Rio Tinto are underway. (Pannawonica)


# Council Meeting

Agenda


The Dog Pound; The Caravan Park and Ablutions Block.

2. Robe River renovating the above facilities prior to the commencement of the leases. 3. The Shire of Ashburton donating the amount of

$1,000 annually to each of the Occasional Child Care Centre and Neighbourhood Centre.

4. The Shire of Ashburton committing to funding the Community Liaison Officer position for twenty (20) hours per week and to actively pursuing alternative funding sources for an additional twenty (20) hours.

5. The Shire of Ashburton providing two free street sweeps per year with additional sweeps provided on a fee for service basis.

DEVELOPMENT

9

12/06 14.12.018 Residential Plan for the Shire of Ashburton – Onslow

That Council instruct CEO to prepare tender documents for the building residences at 318 Second Avenue, 360 Third Avenue, and 578 Hedditch Street.

Currently - Preparing for sale of First Avenue Block – July 09 Preparing tender for design and construct of 3 units for Second Ave Block July 09

10 12/05 13.12.408 Proposed Transfer of Emergency Services Building

That :- 1. Council agree to transfer the tenure of the

Onslow Emergency Service Building to FESA subject to:-

i) FESA to become responsible for the outstanding loan on the facility and any financial outlay required for the transfer

Ongoing Land issues finalised – Negotiating with FESA to finalise building handover.


# Council Meeting

Agenda


thereof; and ii) A condition being placed on the

Management Order over the premises that they are to be used only to house the local Volunteer Emergency Services including the Marine Rescue Service.

2. The necessary procedures required to effect the transfer be implemented.

3. The present designation of Lot 971 in the Shire‟s Town Planning Scheme No.7 be amended to reflect the existing land use during the Planning Scheme review for Onslow.

4. The future need of the Onslow Emergency Services Building Management Committee and Instrument of Delegation DA503 be noted and in due course be discontinued.



15.07.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING

16.07.0 CONFIDENTIAL REPORTS

Under the Local Government Act 1995, Part 5, and Section 5.23, states in part: (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:

(a) a matter affecting an employee or employees; (b) the personal affairs of any person; (c) a contract entered into, or which may be entered into, by the local government and

which relates to a matter to be discussed at the meeting; (d) legal advice obtained, or which may be obtained, by the local government and

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

(I) a trade secret; (II) information that has a commercial value to a person; or (III) information about the business, professional, commercial or financial affairs

of a person,

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

(f) a matter that if disclosed, could be reasonably expected to:

(I) Impair the effectiveness of any lawful method or procedure for preventing,

detecting, investigating or dealing with any contravention or possible contravention of the law;

(II) Endanger the security of the local government’s property; or (III) Prejudice the maintenance or enforcement of any lawful measure for

protecting public safety;

(g) information which is the subject of a direction given under section 23(1a) of the Parliamentary Commissioner Act 1981; and

(h) such other matters as may be prescribed.


16.07.10 CONFIDENTIAL ITEM SHIRE ADMINISTRATION – CORPORATE STRUCTURE

FILE REFERENCE: OR.AM.9 AUTHOR’S NAME AND POSITION:



Not Applicable



The author is the recipient of an employment package from the Shire and to that extent has an interest in this matter.


Confidential Agenda Item 16.12.143, Ordinary Meeting of Council 6 December 2009

Please refer to Confidential Attachment 16.07.10 under separate cover

17.07.0 NEXT MEETING

The next Ordinary Meeting of Council will be held on 18 August 2009, at the Meeting Room, Community Recreation Centre, Tom Price, commencing at 9:00am

18.07.0 CLOSURE OF MEETING