shire of ashburton...attachment 4.06.0.2 (letter) 4.06.0.3 question mary jane honner, from pilbara...

MINUTES – ORDINARY MEETING OF COUNCIL 1 16 June 2009

SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING

MINUTES

RM Forrest Memorial Hall,

Second Avenue,

ONSLOW

16 June 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 16 June 2009 at the RM Forrest Memorial Hall, Second Avenue, Onslow, commencing at 9.00am. The business to be transacted is shown in the Agenda. Keith Pearson CHIEF EXECUTIVE OFFICER 10 June 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.


1.06.0 DECLARATION OF OPENING........................................................................................................................... 5

2.06.0 ANNOUNCEMENT OF VISITORS ..................................................................................................................... 5

3.06.0 ATTENDANCE .................................................................................................................................................... 5

3.06.01 PRESENT............................................................................................................................................................ 5

3.06.02 APOLOGIES........................................................................................................................................................ 5

3.06.03 APPROVED LEAVE OF ABSENCE ................................................................................................................... 5

4.06.0 PUBLIC QUESTION TIME .................................................................................................................................. 5

4.06.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ........................................................ 7

4.06.02 PUBLIC QUESTION TIME .................................................................................................................................. 7

5.06.0 APPLICATIONS FOR LEAVE OF ABSENCE ................................................................................................... 7

6.06.0 PETITIONS / DEPUTATIONS / PRESENTATIONS ........................................................................................... 7

6.06.01 PETITIONS.......................................................................................................................................................... 7

6.06.02 DEPUTATIONS ................................................................................................................................................... 7

6.06.03 PRESENTATIONS .............................................................................................................................................. 7

7.06.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING .............................................................................. 7

7.06.01 ORDINARY MEETING OF COUNCIL HELD ON 19 May 2009 .......................................................................... 7

8.06.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION .............................................. 8

9.06.0 DECLARATION BY MEMBERS ......................................................................................................................... 8

10.06.0 ENGINEERING SERVICES REPORTS ........................................................................................................... 9

10.06.13 AMENDED CORPORATE UNIFORM POLICY (EMP 04) ................................................................................ 9

10.06.14 REVIEW STAFF EDUCATION & STUDY ASSISTANCE POLICY EMP09 ................................................... 11

10.06.15 ENGINEERING SERVICES DECISION STATUS REPORT ............................................................................ 14

11.06.11 COMMUNITY & ECONOMIC SERVICES DECISION STATUS REPORT ....................................................... 18

12.06.0 CORPORATE SERVICES REPORTS ............................................................................................................. 22

12.06.27 PILBARA DEVELOPMENT COMMISSION BOARD VACANCIES .................................................................. 22

12.06.28 DELEGATED AUTHORITY: DOG REGISTRATION OFFICER– DOG ACT 1976 .......................................... 24

12.06.29 REVIEW OF COUNCIL POLICIES – ADMINISTRATION ............................................................................... 26

12.06.30 RECORD KEEPING PLAN – COMPLIANCE WITH STATE RECORD ACT 2000 .................................... 28

12.06.31 USE OF COMMON SEAL UNDER DELEGATED AUTHORITY ...................................................................... 30

12.06.32 FEES & CHARGES 2009/2010 ....................................................................................................................... 32

12.06.33 PILBARA REGIONAL COUNCIL – FUTURE ROLE AND STRUCTURE .................................................... 35

12.06.34 CORPORATE SERVICES STATUS REPORT ................................................................................................. 44

13.06.0 DEVELOPMENT SERVICES REPORTS ......................................................................................................... 49

13.06.20 DEVELOPMENT APPROVALS ISSUED UNDER DELEGATION – SHIRE OF ASHBURTON TOWN PLANNING SCHEME NO.7 .............................................................................................................. 49

13.06.21 DRAFT LOCAL PLANNING POLICY - CONVERSION OF DWELLINGS TO RESIDENTIAL BUILDINGS ....................................................................................................................................................... 52


13.06.22 DRAFT LOCAL PLANNING POLICY - CONSULTATION FOR PLANNING PROPOSALS ......................... 56

13.06.23 DRAFT LOCAL PLANNING POLICY – OUTBUILDINGS ASSESSMENT POLICY FOR ADOPTION ....... 59

13.06.24 DEVELOPMENT APPLICATION –EXTENSION TO TOM PRICE MEDICAL CENTRE BUILDING (TRANSPORTABLE BUILDING), (REAR) LOT 854 CENTRAL ROAD, TOM PRICE – REQUEST FOR COUNCIL REVIEW OF DECISION .......................................................................................................... 62

13.06.25 DRAFT LOCAL PLANNING POLICY PARKING & SETBACK - FIRST AVENUE, ONSLOW FOR ADOPTION ........................................................................................................................................................ 68

13.06.26 TENDER PARABURDOO CARAVAN PARK, LOT 1 CAMP ROAD, PARABURDOO ..................................... 72

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 ................................................................................................................................................. 77

13.06.28 DEVELOPMENT SERVICES DECISION STATUS REPORT .......................................................................... 86

14.06.0 WESTERN OPERATIONS REPORTS ............................................................................................................. 97

14.06.08 PROPOSED ONSLOW MULTIPURPOSE SPORTS FACILITY (INCLUDING RACECOURSE) ..................... 97

14.06.09 ONSLOW MULTI PURPOSE COMPLEX – APPROVAL TO COMMENCE WORKS ................................ 102

14.06.10 WESTERN OPERATIONS DECISION STATUS REPORT ............................................................................ 105

15.06.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING ....................... 110

16.06.0 CONFIDENTIAL REPORTS ........................................................................................................................... 110

16.06.09 CONFIDENTIAL ITEM GORGON SOCIAL IMPACT MANAGEMENT PLAN .............................................. 111

17.06.0 NEXT MEETING ............................................................................................................................................. 112

18.06.0 CLOSURE OF MEETING ............................................................................................................................... 112


1.06.0 DECLARATION OF OPENING

The Shire President declared the meeting open at 9:17am

2.06.0 ANNOUNCEMENT OF VISITORS

The Shire President welcomed seven members of the public in the public gallery

3.06.0 ATTENDANCE

3.06.01 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 S Dann Pannawonica 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

3.06.02 APOLOGIES

There were no apologies received

3.06.03 APPROVED LEAVE OF ABSENCE

Cr G Musgrave Tom Price Ward

4.06.0 PUBLIC QUESTION TIME

4.06.0.1 Question Mrs Jenny Whitmore requested an update on the Rates issue on their properties at Cornish Way and First Avenue Onslow. Answer Ms Amanda O‟Halloran advised that legal advice had been received, and a response will be forwarded to Mr and Mrs Whitmore within a week. 4.06.0.2 Questions Mr Phil Boase, owner of the Paraburdoo Hotel, tabled correspondence and asked four questions in relation to the process followed by the Shire when assessing proposals for the proposed Paraburdoo Caravan Park. The questions asked were


(a) Why was transient workers accommodation considered as a part of the proposal, when development sought by Council was a caravan park?

(b) Did the Shire undertake marketing research in order to establish the economic viability of a caravan park?

(c) Why would Council consider approving a development with a transient workers accommodation, component when it had previously refused similar applications in Pannawonica, Curri Culli in Paraburdoo, the Tom Price mine site and in the Tom Price Caravan Park? and

(d) Why was there no consultation with competing businesses in the town? Answers The Shire Chief Executive Officer, Keith Pearson replied

(a) The definition of a caravan park contained in the Caravan Parks and Camping Grounds Act and the Shire‟s Town Planning Scheme does not differentiate between those staying for tourism, recreational or work purposes. Indeed, nowhere in either piece of legislation is the purpose of a person‟s stay referred to. Further, the Shire is in receipt of correspondence from the Department for Planning and Infrastructure which states that transient workers accommodation fits within the definition of a camping ground.

(b) The Shire did not undertake any marketing research in relation to the level of demand for tourist accommodation as it was the responsibility of tenderers to establish the viability of their proposals.

(c) Council did not refuse an application for a transient workers accommodation facility in Pannawonica, indeed it had issued a development approval. Further, the Shire was limited to only making comments in relation to the Curri Culli and Tom Price Mine site facilities, as the State Agreements governing their development overruled the provisions of the Shire‟s planning Scheme. Finally, there are specific issues associated with the Tom Price Caravan Park which do not make it directly comparable.

(d) It is inappropriate for Council to enter into business discussions with potential, commercial competitors. As a part of the planning application process, however, the proposal was publically advertised by means of notices on the Shire‟s public notice boards. Written notice was also given to Mr Boase, inviting him to make town planning comment on the proposal.

ATTACHMENT 4.06.0.2 (Letter) 4.06.0.3 Question Mary Jane Honner, from Pilbara Aged Care Services, Port Hedland thanked the Shire for their support in the recent upgrade of one of the pensioner cottages and requested that Council consider the upgrade of Unit 5 including the possibility of providing a pathway allowing for wheelchair access for a person with a functional disability (letter tabled)

ATTACHMENT 4.06.0.3 Answer The Shire President said that the matter would be considered as a part of the budget process for the 2009/10 Financial Year.

../Attachments/4.06.0.2%20Para%20Caravan%20Park.pdf

../Attachments/4.06.0.3%20Pensioner%20Units.pdf


4.06.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

There were no previous public questions taken on notice at the Ordinary Meeting of Council on 19 May 2009

4.06.02 PUBLIC QUESTION TIME

5.06.0 APPLICATIONS FOR LEAVE OF ABSENCE

Cr Stephanne Dann, Pannawonica Ward has requested leave of absence for the Ordinary Meeting of Council, 21 July 2009

Council Decision MOVED: Cr Fernandez SECONDED: Cr Bloem Council resolve to approve Cr Dann‟s request for leave of absence for the Ordinary Meeting of Council on 21 July 2009 CARRIED 8/0

6.06.0 PETITIONS / DEPUTATIONS / PRESENTATIONS

6.06.01 PETITIONS

Cr Dias tabled a petition containing 83 signatures requesting the Shire to allocate $15,000 to support the upgrade of the Paraburdoo Library.

6.06.02 DEPUTATIONS

There were no deputations presented to Council

6.06.03 PRESENTATIONS

Mr Pearse Herbert presented to Council a slideshow in relation to the Recreation Clubs Association‟s proposed Multipurpose Sports Facility (including Racecourse.)

7.06.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

7.06.01 ORDINARY MEETING OF COUNCIL HELD ON 19 May 2009

Council Decision / Officers Recommendation MOVED: Cr Bloem SECONDED: Cr White That the Minutes of the Ordinary Meeting of Council held on 19 May 2009, as previously circulated on 22 May 2009, be confirmed as a true and accurate record.

CARRIED 8/0


8.06.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION

The Shire President made no announcements

9.06.0 DECLARATION BY MEMBERS

Cr‟s Corker, Rumble, Dias, White, Dann, Fernandez and Bloem have given due consideration to all matters contained in the agenda presently before the meeting. Cr Thomas advised she had not been able to access the agenda via her e-mail, and therefore had not sufficient time to read the complete agenda.


10.06.0 ENGINEERING SERVICES REPORTS

10.06.13 AMENDED CORPORATE UNIFORM POLICY (EMP 04)

FILE REFERENCE: OR.CI.6 AUTHOR‟S NAME AND POSITION:

Felicia McDonald Human Resources Co-Ordinator

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 12 May 2009 DISCLOSURE OF FINANCIAL INTEREST:

All Shire officers are either recipients of financial and other benefits under the Council Employment Policies or are directly affected in their employment practices.

PREVIOUS MEETING REFERENCE:

Agenda Item 10.03.03 Ordinary Meeting of Council 17 March 2009

Summary At the March 2009 Council meeting the Corporate Uniform Policy (EMP04) was approved, on the proviso that it be submitted to the Ashburton Shire‟s Staff Consultative Group for comment. At its May 4th meeting the Consultative Group unanimously proposed three changes to the policy and these are now presented to Council for consideration.

Background Council at its March 2009 Council meeting considered a report relating to a review of Council‟s Corporate Uniform Policy EMP04. Following its deliberations Council resolved to adopt the proposed, modified policy subject to it being referred back to Council once the matter has been considered by the Staff Consultative Committee. The Staff Consultative Committee has now considered the policy Comment The Staff Consultative Committee unanimously proposed three changes to the Corporate Uniform Policy, these being

A definition of “Corporate Style” in order to ensure clarity with respect to what clothing is acceptable


The inclusion of a provision that if a staff member leaves within six months of commencing employment with the Shire they pay the full cost of uniforms. After six months the reimbursement is to be calculated on a pro rata basis of time served. This differs from the current twelve month qualifying period, and

There be a requirement that a uniform be compulsory for all customer service based roles. It is proposed that Council resolve to modify the policy to reflect these recommendations. A copy of the proposed, amended policy is attached. ATTACHMENT 10.06.13 Consultation Ashburton Consultative Group Statutory Environment There are no statutory implications relative to this matter. Policy Implications Council Policy EMP04 “Corporate Uniform Policy” is the subject of this report. Financial Implications There are very minor financial implications relative to this matter. These are reflected in the annual budget. Strategic Implications Strategic Plan 2007-11 Key Result Area 6 – A Well Managed and Contemporary Corporation Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation

MOVED: Cr Fernandez SECONDED: Cr Rumble Council Adopt the proposed Council Policy EMP04 Corporate Uniform Policy as per the attachment

ATTACHMENT 10.06.13

CARRIED 8/0

Attachments/10.06.13%20Corporate%20Uniform%20Policy.pdf

Attachments/10.06.13%20Corporate%20Uniform%20Policy.pdf


10.06.14 REVIEW STAFF EDUCATION & STUDY ASSISTANCE POLICY EMP09

FILE REFERENCE: PE EM 4 AUTHOR‟S NAME AND POSITION:

Felicia McDonald Human Resources Co-Ordinator


Not Applicable


All Shire officers are either recipients of financial and other benefits under the Council Employment Policies or are directly affected in their employment practices.


Agenda Item 12.07.1045 Ordinary Meeting of Council 15 July 2003

Summary A review of Council Policy EMP 09 Staff Education and Study Assistance Policy has indicated a need to update the current policy to reflect the increasing cost of education and to reinforce Council‟s commitment to staff through education and training. Part of Council‟s Strategic Plan refers to implementing a strategy to optimize leadership, performance and staff retention. The policy being presented will assist in achieving those objectives.

Background A review of Council Policy EMP09 “Staff Education and Study Assistance Policy has indicated a need to update the current policy to reflect the increasing cost of education and to reinforce Councils commitment to staff through education and training. Comment The current Education and Study Assistance Policy only allocates $2000pa toward study expenses. Furthermore, it does not allow for assistance if students choose to use the Higher Education Contribution Scheme (HECS), nor does it include travel, accommodation and book expenses, which, given the Shire‟s location, puts staff at a monetary disadvantage. By changing the policy to include travel, accommodation and book expenses, as well as allowing employees using the HECS system to seek financial assistance from Council, the policy will


encourage employees to further their studies, which will benefit the organisation through productivity, knowledge and retention. In line with rising educational costs it is recommend that the total allowance per annum increase to $3000. A copy of the proposed, amended policy is attached ATTACHMENT 10.06.14 Consultation Chief Executive Officer Executive Manager Engineering Services Statutory Environment There are no statutory implications relative to this matter. Policy Implications There are no policy implications relative to this matter. Financial Implications There are financial implications if Employees opt to use Policy EMP09 although they are not significant in the context of the Shires overall staff training budget. Strategic Implications Strategic Plan 2007-11 Key Result Area 6 – A Well Managed and Contemporary Corporation. 6.1 Implement a strategy to optimize leadership, performance and staff retention Voting Requirement Simple Majority Required


MOVED: Cr Bloem SECONDED: Cr Fernandez Council adopt the amended Council Policy EMP09 Education and Study Assistance Policy

ATTACHMENT 10.06.14 CARRIED 7/1

Attachments/10.06.14%20Education%20&%20Study%20Assistance%20Policy.pdf

Attachments/10.06.14%20Education%20&%20Study%20Assistance%20Policy.pdf


Council Decision MOVED: Cr Bloem SECONDED: Cr Fernandez That Council adjourn for morning tea at 10:20am

CARRIED 8/0

Cr‟s Corker, Rumble, Dias, White, Dann, Fernandez, Bloem, Thomas, Keith Pearson, Amanda O‟Halloran, Jeff Breen and Pam Hanson left the room at 10:21am Cr‟s Corker, Rumble, Dias, White, Dann, Fernandez, Bloem, Thomas, Keith Pearson, Amanda O‟Halloran, Jeff Breen and Pam Hanson re-entered the room at 10:45am

Council Decision MOVED: Cr Fernandez SECONDED: Cr Dann That Council reconvene at 10:47am

CARRIED 8/0


10.06.15 ENGINEERING SERVICES DECISION STATUS REPORT

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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; 1. Endorses the Business Plan for a Major Business

Undertaking – Nanutarra Munjina Rd Reconstruction

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

3. 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.

Ongoing Advertisement placed 23

rd

May, 2009 Submissions due 29

th June

2009

2 05/09 10.05.10 Amendment to Council Policy FIN12 Purchasing & Tender

That Council approves the Purchasing and Tender policy FN12 as amended

Finalised Policy incorporated into Policy Register

3 05/09 10.05.11 Expression of Interest – Kerbside Recycling

That Council; 1. Receive the Pilbara Regional Council report in relation to kerbside recycling of waste and 2. Directs the Chief Executive Officer to advise the PRC that Council is not supportive of the kerbside recycling proposal at this time.

Finalised PRC notified of Council decision.

4. 04/09 10.04.05 Employment Policies Review

That Council retain all presented Council Employment Policies (i.e., EMP01, EMP03, EMP11, EMP17, EMP18, EMP21 and EMP23 without amendment

Finalised Policies incorporated into Policy register

5. 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

Ongoing Advertising ends 19

th June

2009. Policy Review being conducted with regard to risk assessment report by GHD and other


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3. Include in next budget review the cost of required

work for road maintenance of Yampire Gorge

Road.

considerations still ongoing.

6. 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 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

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 finalise Business Plan. Business Plan subject of report to Council July meeting.

7 03/09 10.03.03 Corporate Uniform Policy

1. That Council Adopts the proposed Council Policy EMP04 Corporate Uniform Policy as per Attachment 10.03.03a subject to Clause 4 from the existing policy (Where an employee requires modifications to clothing e.g., shortening of trousers, the cost shall be borne by Council within the cost limit specified above.) being included to the policy.

2. Directs the CEO to refer the policy back to Council once the matter has been considered by the Staff Consultative Committee

Finalised Subject of report to June 09 meeting.


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8 10/08 10.10.26 Onslow Refuse Disposal site – operational charges

That Council approves the staffing of the Onslow Tip with restricted opening times in accordance with this report.

Ongoing. Advertising of hours to commence 8

th June 2009 for

a 30 day period.

9 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..

10 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.

11 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 being forthcoming.

2. That following relevant approvals being obtained

Ongoing Monitoring bores completed. Awaiting geotechnical report to proceed with approvals. Advised that this will be available mid July 2009.


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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.

Land lease of new site being processed by DPI. Change of DPI personnel has delayed process but have now requested the file from records. .

Council Decision / Officers Recommendation MOVED: Cr Fernandez SECONDED: Cr Bloem That Council note the contents of this report CARRIED 8/0


11.06.11 COMMUNITY & ECONOMIC SERVICES DECISION STATUS REPORT # Council

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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 BFAC meeting will be held 11 June 2009. New FCO‟s will be nominated at meeting

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.

Ongoing 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


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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

half of this 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 New toilet and associated plumbing works completed. Painting, floor tiles and electrical work being finished. Expected move to new office by the end of June when office renovations are finalized. Waiting for Telstra to transfer phone lines to new office.

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


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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


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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.

Report to be prepared for submission to July 2009 Council meeting.

Council Decision / Officers Recommendation MOVED: Cr Bloem SECONDED: Cr Dias That Council note the contents of this report

CARRIED 8/0


12.06.0 CORPORATE SERVICES REPORTS

Prior to Agenda Item 12.06.27 being considered the Chief Executive Officer Keith Pearson, tabled a written letter of interest from Cr G. Musgrave

ATTACHMENT 12.06.27

12.06.27 PILBARA DEVELOPMENT COMMISSION BOARD VACANCIES

FILE REFERENCE: OR.IG.2.7 AUTHOR‟S NAME AND POSITION:

Teigan Don Project Officer CEO


Not Applicable


The author has no financial interest in this matter.


Not Applicable

Summary The Pilbara Development Commission is seeking nominations to fill two Local Government vacancies on its Board of Management. Council is requested to nominate up to two Councillors for the vacant positions.

Background

The Pilbara Development Commission is seeking nominations to fill two Local Government vacancies on its Board of Management. Both positions are for a term of up to three years from the date of appointment. In accordance with the Regional Development Commissions Act, the four Local Government authorities in the Pilbara are invited to nominate up to two Councillors for each vacant position. Comment Council is requested to forward its nominations together with a completed application form and a brief CV for each of its nominees to the Pilbara Development Commission by 26 June 2009 at 5:00pm.

../Attachments/12.06.27%20Exp%20of%20Interest%20Cr%20Musgrave.pdf


Nominee details will then be forwarded to the Minister for Regional Development, the Hon. Brendon Grylls MLA, for his consideration and selection. Successful candidates will then be advised of their appointment following endorsement by the Western Australian State Cabinet. Consultation

Chief Executive Officer Statutory Environment

Regional Development Commissions Act Policy Implications

There are no policy implications relevant to this issue.

Financial Implications

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

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

Simple Majority Required


MOVED: Cr Fernandez SECONDED: Cr Bloem That Council nominate Cr‟s Fernandez and Musgrave for the vacant positions on the Pilbara Development Commission.

CARRIED 8/0


12.06.28 DELEGATED AUTHORITY: DOG REGISTRATION OFFICER– DOG ACT 1976

FILE REFERENCE: OR.DA LEAC.3 AUTHOR‟S NAME AND POSITION:

Teigan Don Project Officer CEO


Not Applicable




Not Applicable

Summary Council‟s approval is sought to provide the Administration Manager and Tom Price Customer Services Officer the powers of Dog Registration Officer under Delegation DA012 - “Legal Proceedings – Dog Act 1976”

Background

The Administration when reviewing internal procedures became aware that it is desirable that the Administration Manager, Ms Donna Reid, and the Tom Price Customer Services Officer Ms Michelle Digney be delegated the powers of Dog Registration Officer, in order to register dogs in accordance with the Dog Act 1976. Comment The Chief Executive Officer does not have the delegated authority to authorise staff to be Dog Registration Officers. A copy of the amended Delegation DA012 “Legal Proceedings - Dog Act 1976” is attached for Council‟s reference.

Consultation



Dog Act 1976 Policy Implications

There are no policy implications relevant to this issue.


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

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



MOVED: Cr Bloem SECONDED: Cr Dias

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” CARRIED 8/0


12.06.29 REVIEW OF COUNCIL POLICIES – ADMINISTRATION

FILE REFERENCE: OR.CM1 AUTHOR‟S NAME AND POSITION:

Donna Reid Administration Manager


Not Applicable

DATE REPORT WRITTEN: 3 June 2009 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter


Agenda Item 11.06.13, Ordinary Meeting of Council 17 June 2008

Summary In accordance with Council Policy ADM01 – Policy Manual Review and the Local Government Act, it is a requirement to review Council policies annually. The Administration Manager, in consultation with Executive Management, has conducted a review of the Administration Policies and these are now presented to Council for adoption or amendment.

Background A review of all Council Policies should be conducted at least once every financial year in accordance with Council Policy ADM01. The four Administration policies were last reviewed by Council at the 17 June 2008 Council meeting. Comment A review of the four Administration policies has been undertaken following consultation with Executive Management, Administration Manager and Records Administrator. These policies are now being presented to Council for adoption. Three Council Policies (ADM01 “Policy Manual Review”, ADM05 “Video Conferencing” and ADM03 “Flying of Flags – Council Buildings” have been reviewed and no amendments are proposed.

ATTACHMENT 12.06.29 The proposed amendments to Council Policy ADM04 “Records Management” are highlighted in the enclosed attachment. These amendments reflect the changes made to the Shire‟s Record

Attachments/12.06.29%20Policy%20Manual%20Review.pdf


Keeping Plan which has been the subject of a five yearly review in accordance with the requirements of the State Records Act 2000. (The amended Shire Record Keeping Plan is the subject of a separate officer report in the current Council agenda – see Agenda Item 12.06.30)

ATTACHMENT 12.06.29a Statutory Environment Local Government Act 1995 Flags Act 1953 State Records Act 2000 Public Sector Management Act 1994 Policy Implications Council Policy ADM01 – Policy Manual Review Council Policy ADM05 – Video Conferencing Council Policy ADM 03 – Flying of Flags Council Policy ADM04 – Records Management Financial Implications There are no financial implications relative to this issue Strategic Implications Strategic Objective 6 – A Well Managed and Contemporary Corporation Statutory Compliance, Compliance with Shire of Ashburton procedures and policies Voting Requirement Simple Majority Required.


MOVED: Cr Bloem SECONDED: Cr Dann That Council:

1. Adopts the amended Council Policy ADM04 “Records Management”; (ATTACHMENT 12.06.29a) 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.

CARRIED 8/0

Attachments/12.06.29a%20Records%20Management.pdf


12.06.30 RECORD KEEPING PLAN – COMPLIANCE WITH STATE RECORD ACT 2000

FILE REFERENCE: AS.RE.6 AUTHOR‟S NAME AND POSITION:



Not Applicable


The author has no financial interest in this matter


Agenda Item 12.12.1085 Ordinary Meeting of Council, 9 December 2003

Summary The State Record Act 2000 Section 28 (5) requires local governments to review their Record Keeping Plan (RKP) every 5 years. The reviewed draft Record Keeping Plan review has been prepared for Council‟s endorsement prior to submission to the State Records Office for its endorsement.

Background The original draft Record Keeping Plan (RKP) was presented to Council at its 9 December, 2003 Ordinary meeting, Council endorsed the RKP, including its associated policies and procedures. The purpose of an organisation‟s RKP is to set out the matters about which records are to be created by the organisation and how it records are to be kept. The Plan is to provide an accurate reflection of the record keeping program within the organisation, including information regarding the organisation‟ s record keeping system, disposal arrangements, policies and procedures. The RKP is the primary means of providing evidence of compliance with the Act and indicates best practices have been implemented in the organisation. The reviewed Shire of Ashburton Record Keeping Plan is attached for Council‟s consideration.

ATTACHMENT 12.06.30 Comment Section 28(5) of The State Record Act requires local governments to review their RKP every 5 years. The State record office has supplied a “record plan” template as the basis for the reviewed

Attachments/12.06.30%20Record%20Keeping%20Plan.pdf


plan. This template differs significantly to the original template supplied in 2003. For this reason both the RKP and the Council Policy ADM04 – “Records Management” have been amended in compliance with these requirements. The RKP has a number of attachments which, when accessed as a whole, will provide an accurate reflection of the policies and practices within the organisation. These with the exception of the policy (see agenda item 12.06.29) are appended for Council‟s information.

ATTACHMENT 12.06.30a (Filing Guide) ATTACHMENT 12.06.30b (Staff Records Guide) Statutory Environment State Records Act 2000, Section 28, requires government organisations to submit their reviewed Record Keeping Plan every five years The Local Government Act 1995, Section 5.41(h) Role of the CEO, requires that the records and documents are properly kept by the local government Policy Implications Council Policy ADM04 as reviewed in Agenda Item 12.06.29 Financial Implications There are no financial implications relative to this issue. Strategic Implications Strategic Plan 2007 – 2011, Strategic Objective 6: A Well Managed and Contemporary Corporation Voting Requirement Simple majority required.

Council Decision /Officers Recommendation

MOVED: Cr Fernandez SECONDED: Cr Bloem 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.

CARRIED 8/0

Attachments/12.06.30a%20Records%20Filing%20Guide.pdf

Attachments/12.06.30b%20Staff%20Records%20Guide.pdf


12.06.31 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 19 May 2009. Seal 291 Contract of Sale, Lot 327 on deposited Plan 191090, Tom Price between DPI & Shire of Ashburton Seal 292 Deed of Discharge /Release Cooke v CSR Ltd & Ors – Wittenoom Litigation Seal 293 Deed of Discharge /Release Bertocchi – Wittenoom Claim Seal 294 Town Planning Scheme Amendment No 4 Seal 295 Town Planning Scheme Amendment No 3 Consultation


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


Council Decision / Officers Recommendation MOVED: Cr Fernandez SECONDED: Cr Bloem That Council note the contents of this report CARRIED 8/0


12.06.32 FEES & CHARGES 2009/2010

FILE REFERENCE: FI.FE AUTHOR‟S NAME AND POSITION:



Not Applicable


The author has no financial interest in this item


Not Applicable

Summary Council sets its fees and charges on an annual basis. It is recommended that the attached Schedule of Fees and Charges be applicable as for the 2009/10 Financial Year.

Background Council is required to set fees and charges on an annual basis in accordance with Sections 6.16 and 6.17 of the Local Government Act 1995. Section 6.16 of the Act states “6.16. Imposition of fees and charges

(1) A local government may impose* and recover a fee or charge for any goods or service it provides or proposes to provide, other than a service for which a service charge is imposed. *Absolute majority required

(2) A fee or charge may be imposed for the following – (a) Providing the use of, or allowing admission to, any property or facility wholly or partly

owned, controlled, managed or maintained by the local government; (b) Supplying a service or carrying out work at the request of a person; (c) Subject to section 5.94, providing information from local government records; (d) Receiving an application for approval, granting an approval, making an inspection

and issuing a licence, permit authorisation or certificate;


(e) Supplying goods. (f) Such other service as may be prescribed.

(3) Fees and charges are to be imposed when adopting the annual budget but may be-

(a) Imposed* during a financial year; and (b) Amended* from time to time during a financial year

*Absolute majority required”

Section 6.17 of the Act states

6.17. Setting the level of fees and charges

(1) In determining the amount of a fee or charge for a service or for goods a local government is required to take into consideration the following factors –

(a) The cost to the local government of providing the service or goods; (b) The importance of the service or goods to the community; and (c) The price at which the service or goods could be provided by an

alternative provider.

(2) A higher fee or charge or additional fee or charge may be imposed for an expedited service or supply of goods if it is requested that the service or goods be provided urgently.

(3) The basis for determining a few or charge is not to be limited to the cost of providing the service or goods other than a service

(a) Under section 5.96; (b) Under section 6.16(2)(d); or (c) Prescribed under section 6.16(2)(f) where the regulation

prescribing the service also specifies that such a limit is to apply to the fee or charge for the service.

Comment The Fees and Charges list for the 2008/09 Financial Year was used as the basis for preparing the attached proposed Fees and Charges list for the year 2009/10

ATTACHMENT 12.06.32 The list has been prepared after receiving recommended changes from members of the Executive Management Team, Specific amendments of note include:

A general increase on numerous, more frequently collected charges and fees in order to reflect inflationary increases

A new series of fees for costs associated with health inspections and licencing.

A new schedule of town fees (these fees are fixed by state legislation which is reviewed on an annual basis.

Modest increases in swimming pool fees

Attachments/12.06.32%20Fees%20&%20Charges.pdf


A three percent increase in sanitation charges

Proposed changes are marked in red on the attached schedule.

Consultation Executive Management Team Program Managers Consultation Executive Management Team Program Managers Statutory Environment

Local Government Act 1995 Section 6.16 and 6.17 Policy Implications

There are no Council Policies relevant to this issue Financial Implications

Proposed fees and charges are included in the Draft 2009/2010 Budget. Strategic Implications

The revenue raised from Fees and Charges set by Council will underpin its ability to provide services and facilities for the 2009/2010 financial year and into the future. Voting Requirement

Absolute Majority Required

Council Decision / Officers Recommendation MOVED: Cr Bloem SECONDED: Cr Dias That the Fees and Charges schedule as per the attachment 12.06.32 be adopted for the year ended 30th June 2010. Cr Thomas & Cr White voted against the resolution CARRIED 6/2

Keith Pearson left the room at 11:45am Keith Pearson re-entered the room at 11:47am


12.06.33 PILBARA REGIONAL COUNCIL – FUTURE ROLE AND STRUCTURE FILE REFERENCE: OR.IG.3.8 AUTHOR‟S NAME AND POSITION:

Keith Pearson Chief Executive Officer


Pilbara Regional Council

DATE REPORT WRITTEN: 7 June 2009

DISCLOSURE OF FINANCIAL INTEREST:



Agenda Item 12.12.74 Ordinary Meeting of Council 16 December 2008

Summary The Pilbara Regional Council is seeking guidance from its four member local governments in relation to the future role and structure of the body.

Background General In 2000 the four Pilbara Local Government Authorities established the Pilbara Regional Council with the expressed purposes being:

1. To assess the possibilities and methodology of facilitating and to identifying funding opportunities for a range of services on a regional basis.

2. To undertake, manage and facilitate agreed regional services. 3. Influence and liaise with State and Federal Government in the development of policies and

legislation which are of benefit to the region. 4. To provide Administrative services in relation to the Pilbara position on the WALGA State

Council. Since its formation the success of the regional body has fluctuated between periods of relative inactivity to periods of reasonable success. The last two years have been one of the latter periods, with progress being made in relation to a number of matters including the introduction of asset management plans at each of the four local governments, as well as the development of a Regional Waste Management Plan and a Regional Tourism Plan, amongst a number of successes.


The PRC has, in recent times, also been significantly more active with respect to it advocacy role. The Council now employs two staff (an Executive Officer and an Administration Officer) and is seeking to engage a Regional Waste Management Co-ordinator. The Council has traditionally been „housed‟ at the Shire or Roebourne and incorporated within their finance and other operational systems abut more recently has been established as a more self-sufficient entity with its own office (in Wickham) and now manages its own financial affairs. Recent Developments Council, at its December 2008, ordinary meeting considered a report entitled “Discussion Paper Pilbara Regional Council Five Year Budget” (Agenda item 12.12.74) which detailed a request from the Pilbara Regional Council (PRC) for comment on a draft, five year budget for the regional council. The report to this Council noted

“A combination of increased operating costs and the depletion of a cash surplus which has been carried forward from earlier years when the PRC was unable to find staff has meant that individual local government contributions to the PRC have increased from $45,000 in the 2007/08 Financial Year to $80,000 in the current years (i.e., $55,000 for „general‟ costs and $25,000 for towards the costs of implementing the Regional Waste Management Plan)”.

The report went onto highlight the fact that the draft Five Year Budget required membership contributions to increase significantly if the Regional Councils activities are to remain much as they are now. Indeed, the draft budget (a copy is attached) indicated that annual membership contributions would need to increase to between $116,000.00 and $185,000.00 depending on whether staff office and housing accommodation issues are addressed

ATTACHMENT 12.06.33 The author noted, in his December 2008 report to Council:

“It must be acknowledged that under its present administration the PRC has become a much more effective and relevant body when representing regional local government issues in the Pilbara. It is noted, for example, that local government in the regional has had a stronger and more united voice, when advocating and lobbying matters of importance to it. There has also been excellent work undertaken in relation to common activities (e.g., Asset Management Strategies). This is particularly relevant having regards to the State Government‟s apparent interest in pursuing regional application of government services where practical, in an attempt to improve local government sustainability.

In contrast, some aspects of the PRC‟s operations have been less effective than hoped. For example, joint procurement of physical assets has proved to be impractical, (e.g. plant and equipment) while the joint tendering for services has proved cumbersome (e.g. Management of Aquatic Centres). Finally it is noted that at times the interest of individual Councils may be in conflict when issues are considered in a regional context. Health/hospital issues are an example of this

Attachments/12.06.33%20PRC%205%20Year%20Draft%20Plan.pdf


as state health policies favour and benefit the larger coastal towns in the Pilbara at the expense of inland counterparts.

This complex range of issues makes if difficult to come to a single conclusion with respect to the future of the PRC. It is appropriate to say however, that Council needs to consider whether it will receive “value” for its increased financial contribution to the Regional Council. The author would find that question easier to answer in the “positive” if:

(a) More tangible positive outcomes could be identified. (Having said that, the author acknowledges that significant endeavours have been made to achieve this type of outcome); and

(b) The distribution of costs more accurately matches the distribution of benefits (The Shire of Ashburton has the smallest revenue base of the four local governments but contributes an equal amount to costs)

Following its deliberation, Council resolved:

“That Council advise the Pilbara Regional Council that while the Shire if Ashburton acknowledges the significantly increased contribution being made by the PRC to local government in the Pilbara, Council is of the opinion that the significant increase in the costs of its operations can only be supported if:

(a) More tangible positive outcomes can be identified; (b) The distribution of costs amongst the participating Councils more accurately reflects

the distribution of benefits.

The PRC was notified of Councils decision, however, no formal comments was received from the remaining three Councils. The matter rested there until the attached correspondence (including enclosures) was received from Cr Lynne Craigie, Chairperson of the PRC.

ATTACHMENT 12.06.33a

The letter is extensive in its scope, and concludes with a request that the Shire advise the PRC of its position in relation to the following matters.

“The believed scope of responsibilities, size, physical location, Member funding obligations, etc for the PRC;

Level of commitment, including financial commitment if required, to reviewing how we collectively deliver the local government services cited within Resolution 1 above;

Position with regard to who should be responsible for the ongoing management of Family Day Care in the Pilbara‟

Position with regard to a PRDA : PRC consortium to manage a Pilbara wide Communities for Children Program;

Attachments/12.06.33a%20PRC%20Review.pdf


Position with regard to the PRC‟s role within waste management in the Pilbara, and commitment to ongoing funding of the Regional Waste Management Co-ordinator role;

How the Royalties for Region money to be allocated to the PRC should be managed and used;

Position with regard to the PRC implementing a new program within its Strategic Plan focusing on Sustainability Initiatives;

The type and level of advocacy work that the PRC should be undertaking; and

Any other pertinent matters that we should be collectively considering now.” Comment

The PRC has now reached a critical point in its existence. At a time when there is pressure for the Regional Council to take on a significantly increased regional role, the organisation itself is experiencing significant pressures as a result of limited human and financial resources, as well as a lack of basic office accommodation. The pressure for the Council to evolve and expand its role is more obviously coming about as a result of the State Government‟s Local Government Reform agenda and the State‟s directing a significant portion of its Royalties for Regions funding ($2.4M, or one third of Pilbara Local Government Funding for the 2009/10 financial year and $3.5M, or a half of the following years Pilbara allocation). In terms of resources it is difficult to see how the PRC can continue to function in its present form. It‟s very physical existence is completely dependent on the goodwill of its staff who make space available in their own home for office functions. Office accommodation is a priority which has not been taken into account in Council budgets to date. As well as the cost of sustaining an office, however, another important consideration is its possible location. Depending on the role identified for the organisation, it may, for example be appropriate to rent premises in Perth (e.g. in the event of lobbying and advocacy work being identified as an important PRC role). The other issues of potentially great significance relates to staffing. As has been noted earlier the PRC presently has two administrative staff members. In the event of the body taking on additional roles there is likely to be pressure for this number to increase (with a corresponding increase in cost to member Councils). Irrespective of whether there is a staff increase or not, the organisation‟s level of success is going to be highly dependent on the quality of its senior administrator. On that score the PRC is extremely fortunate to have an Executive Officer of the calibre of Andrew Ellson. This will not necessarily always be the case. The author has made brief comments below in relation to the various, specific matters raised by the PRC Chairperson, in her letter. The comments should be viewed as an initial point for


Council discussion. Similarly, the officer‟s recommendation is presented as a starting point around which Council can develop its own response. The following comments are made in relation to specific issues raised: “The PRC responsibilities, size, location and member funding obligation”. The author is of the opinion that the PRC advocacy/lobbying activities have the potential to be of continuing value to this Shire. There have also been significant benefits arising out of the PRC‟s activities in relation to the introduction of asset management systems and regional waste management. In contrast, group funding and purchasing arrangements have been much less effective. When the annual cost of funding the PRC was relatively low the equity issue associated cost/benefit consideration was not a major consideration. This is however now a more important issue to this Council due to this Shire having the smallest population base and there being increasing costs associated with operating the PRC. Regional Service Delivery In practice, the scope for physical Regional Service Delivery in the region is not as great as may be imagined, largely due to distance considerations. There is the potential, however, for joint provision of some internal service activities. It is noted for example, all four Local Governments now have the same accounting/administrative software which may render some activities such as IT services, rate processing etc. Family Day Care While the service does serve the whole Pilbara Region and it has no direct cost to ratepayers (it is fully funded), the introduction of this activity into the PRC is likely to exacerbate the existing office space issue. Communities for Children (“C 4 C”) There are operational reasons why an expanded C 4 C program should be integrated into the PRC. Further its proposed method of operation would not result in any significant administrative impact on the regional Council. It is noted, however, that there are varying opinions on the effectiveness of the program. Waste Management The regional approach to Waste Management has had a positive outcome for the Shire and it is recommended that the Shire continue with the program. Royalties for Regions Care needs to be taken to ensure that the benefits of the regional component of this fund are fairly shared across the whole region. It is possible that such an outcome could be achieved by the judicious choice of projects relating to, for example, Waste management and regional tourism. Sustainability Initiative


This item relates to new a program focussing on sustainability issues. The specific proposal is to investigate the potential for solar energy to serve local government buildings in the region. The cost/benefits, as they relate to this Shire which has four offices, are likely to be problematic. Advocacy Work This has been a traditional role of the PRC and is an area of operation which could be expanded upon, with positive outcomes. Consultation

The Pilbara Regional Council Other Chief Executive Officers of Pilbara Local Governments Statutory Environment

The Local Government Act applies to the operation of the Pilbara Regional Council Policy Implications

There are no policy implications relative to this matter. Financial Implications

The Shire of Ashburton is required to find one quarter of the annual costs of the Pilbara Regional Council. During the current financial year this amounted to $80,000. The amounts for the 2009/10 Financial Year is to be fixed, however, the draft 5 years Budget, prepared in December 2009 indicates a possible range of between $116,000.00 and $185,000.00. Strategic Implications

Strategic Plan 2007/2011 (incorporating Plan for the Future) Strategic Objective 1: Diversity and Strengthen The Economy

Voting Requirement


Officers Recommendation

MOVED: Cr Fernandez SECONDED: Cr Bloem

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, with a greater emphasis on....

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.

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‟s 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 and endorses the PRC playing a role in its management. It does not, however, support administrative responsibility being assigned to the Regional Council.

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. Further, the Shire of Ashburton is of the opinion that this may be best achieved through projects associated with Waste Management and regional tourism.

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 and would support this role being further developed, with specific emphasis on infrastructure issues, land release programs, as well as State and Commonwealth Government services.

Council Decision

MOVED: Cr Bloem SECONDED: Cr Dann 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.


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.

CARRIED 8/0

Reason for change to Officers Recommendation Council amended the report officers recommendation for the following reasons

Council did not have any preference for any specific change in emphasis on the part of the PRC

Council did not support the proposed transfer of the Pilbara Day Care Scheme to the PRC because it was of the opinion that benefits to the Shire of Ashburton were not commensurate with the associated costs.

Council did not support the PRC taking a management role in an expanded Communities for Children Program because it was of the opinion that the benefit to the Shire were not commensurate with the associated costs.

While Council recognised the need for care to be taken by the PRC in order to ensure there is an equitable distribution of Royalties for Regions funding, Council did not wish to specifically identify how this is achieved.


Council was of the opinion that the issue of indigenous services was a matter of significance in the pilbara and hence was one which the PRC should play an important advocacy role.

Council Decision That Council adjourn for lunch at 12:35pm MOVED: Cr Bloem SECONDED: Cr Fernandez

CARRIED 8/0

Cr‟s Corker, Rumble, Dias, White, Dann, Fernandez, Bloem, Thomas, Keith Pearson, Amanda O‟Halloran, Jeff Breen and Pam Hanson left the room at 12:36pm Cr‟s Corker, Rumble, Dias, White, Dann, Fernandez, Bloem, Thomas, Keith Pearson, Amanda O‟Halloran, Jeff Breen and Pam Hanson re-entered the room at 1:05pm

Council Decision That Council reconvene at 1:06pm MOVED: Cr Bloem SECONDED: Cr Fernandez

CARRIED 8/0


12.06.34 CORPORATE SERVICES STATUS REPORT

# Council Meeting

Agenda


1 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.

Ongoing Bookings are to be finalised

2 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

3 04/09 12.04.15 Compliance Audit Return– Department of Local Government and Regional Development

That Council: Adopts the Compliance Return, as attached, as the official Return of the Council for the period 1 January 2008 to 31 December 2008 and forward it to the Executive Director of the Department of Local Government.

Completed. The document has been forwarded to DLGRD

4 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 Selection Panel formed and has reviewed applications received. As no applicant was considered suitable, the Panel is reviewing


# Council Meeting

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how to progress the matter.

5 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 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

Ongoing Reform checklist forwarded to Local Government Reform Committee

6 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,

$350,000.00

Ongoing Councillors requested to submit projects for consideration at workshops A number of Councillors submissions have been received.


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surface

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

8 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

Ongoing Detailed investigation to be undertaken


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the directives above.

9 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.

Ongoing. Position paper has been submitted to Premier, Attorney General, Treasurer, and various Meetings held with Minister for Regional Development and Acting Director General for Local Government . It is proving to be very difficult to arrange a meeting with the Premier, however the Shire President and CEO will be meeting the Director General of the Premiers Department on 17 June 2009.

10 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


# Council Meeting

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Tribunal. A Direction Hearing was held on 8 June 2009

11 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 Perth Company - DL Consulting has been engaged to review local laws. Meeting held between consultant and Executive Management Team. Report to be submitted to July meeting.

12 07/07 12.07.45 Offer from Department of Local Government – Outstanding Rates – Wittenoom

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

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

Council Decision /Officers Recommendation MOVED: Cr Bloem SECONDED: Cr White That Council note the contents of the report CARRIED 8/0


13.06.0 DEVELOPMENT SERVICES REPORTS

13.06.20 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 Executive Manager Development 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 Executive Manager Development Services since the last Council Meeting are set out in this report.

Background

Council has delegated to the Executive Manager Development 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 Executive Manager Development 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 – Transient Workforce & Holiday Accommodation.


Mr. Kevin Sweetman Onslow

Planning Application – Temporary Kitchen/Dining Room Robe River Mining Company Pannawonica

Planning Application – Ensuites, Recreation Room & Dive Store Property Development Solutions Thevenard Islands

Planning Applications – Temporary Construction Camp McConnell Dowell Constructions Lyndon Station

Planning Application – Refurbishment of Pannawonica Tavern Robe River Mining Company Pannawonica

Planning Application – Gym, Internet Building & Recreation Building Robe River Mining Company Pannawonica

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.

Strategic Implications

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


Council Decision /Officers Recommendation MOVED: Cr Fernandez SECONDED: Cr Bloem That the contents of this report be noted. CARRIED 8/0

Amanda O‟Halloran left the room at 1:10pm Amanda O‟Halloran re-entered the room at 1:15pm


13.06.21 DRAFT LOCAL PLANNING POLICY - CONVERSION OF DWELLINGS TO RESIDENTIAL BUILDINGS

Declaration of Interest Part way through the debate in relation to this agenda item Cr Kerry White declared a financial interest in Agenda Item 13.06.21, in accordance with section 5.60(b) and (c), the nature of the interest being her ownership of 7 Clarke Street, Onslow

Cr White requested Council to consider that she be able to discuss but not vote on agenda item 13.06.21

Cr White left the room at 1:30pm

Council Decision That Council allow Cr White to discuss but not vote on item 13.06.21, in accordance with the provision of Section 5.68(1) of the Local Government Act 1995 MOVED: Cr Rumble SECONDED: Cr Fernandez CARRIED 7/0

Cr White re-entered the room at 1:35pm FILE REFERENCE: PS.DV.21.2 AUTHOR‟S NAME AND POSITION:

Rob Paull Shire‟s Town Planning Consultant


Not Applicable




Not Applicable

Summary Recently the Administration has become aware of pressures developing in the residential accommodation market in general and in Onslow, in particular, as a result of dwellings being let by their owners for short term accommodation to renters, who are frequently employees of resource companies, thus resulting in detriment to the surrounding residential area.


In response, the Administration has prepared a draft „Local Planning Policy - Conversion of Dwellings to Residential Buildings‟. The objective 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 surrounding locality. It is recommended that in most circumstances, Council is unlikely to support the conversion of sheds, garages and the like to be used for residential buildings for Transient Workforce Accommodation.

Background

Recently the Administration has become aware of pressures developing in the residential accommodation market in general and in Onslow, in particular, as a result of dwellings being let by their owners to short term tenants, who are often employees of resource companies, often to the detriment of the surrounding residential area. This activity, in fact, represents a change of land use, pursuant to the Shire‟s Planning Scheme. This is due to a dwelling being defined 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

Whereas the new use fits the definition of a residential building, which is defined as 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 specific issue, in the context of the planning scheme, is the change from „permanent habitation to temporary habitation by unrelated people. In response to this issue the Administration has prepared a draft “Local Planning Policy – Conversion of Dwellings to Residential Buildings in order to ensure the potential adverse impacts of these changes of use are addressed

Comment


The draft Policy includes the following objectives: “3.1 To establish clear guidelines for the consideration of Applications for the conversion of

dwellings and outbuildings to residential buildings. 3.2 To describe the conditions applicable to applications for the conversion of dwellings to

residential buildings. 3.3 To ensure that the conversion of dwellings to residential buildings does not create land use

conflicts and protects the environmental, social and residential amenity”. It is recommended that the Shire advertise applications for the conversion of dwellings and outbuildings to residential buildings as the amenity of the locality surrounding could be adversely affected by such use of land and dwellings. The draft Policy seeks to provide guidance in relation to assessing Applications for „residential buildings‟ and to provide the anticipated conditions for any approval. For any Application the following matters are identified for consideration by Council:

i) potential for increased levels of noise, disturbance and car parking and the likely adverse

impact on the residential amenity of neighbouring or nearby dwellings; ii) 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

iii) residential buildings must be connected to the Water Authority‟s reticulated water supply and town sewers.

A copy of the draft policy is attached

ATTACHMENT 13.06.21 Should Council favourably consider granting Approval, the following minimum conditions are recommended: i. Approval is a particular approval, to the applicant 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 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;

vi. vehicles with operating audible reversing warning systems will be prohibited; and

Attachments/13.06.21.pdf


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.

In the event the draft Policy (or an amended draft) is acceptable to Council, it will be necessary to publish information relating to the policy in a newspaper circulating in the Scheme area. Submissions may be lodged during the advertising period (not less than 21 days). It is then necessary for Council to review the proposed policy in the light of any submissions made, before adopting the document. Consultation Chief Executive Officer Manager Building Services Should Council resolve to support the draft Policy for public comment, it would need to be advertised for public submissions for a period of not less than 21 days. Statutory Environment Shire of Ashburton Town Planning Scheme No. 7 Part 2 “Planning Policy” Policy Implications There are no policy implications relative to this matter 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


Council Decision /Officers Recommendation MOVED: Cr Bloem SECONDED: Cr Fernandez 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. CARRIED 6/1

13.06.22 DRAFT LOCAL PLANNING POLICY - CONSULTATION FOR PLANNING PROPOSALS FILE REFERENCE: PS.DV.21.3 AUTHOR‟S NAME AND POSITION:



Shire of Ashburton




Not Applicable

Summary This draft Local Planning Policy provides guidance as to the method for carrying out consultation in a manner that acknowledges the different levels of public consultation needed to be undertaken in respect of a range of land use and development proposals.

Background The Shire is obliged to carefully consider the means by which community consultation is carried out for planning applications, draft scheme amendments and Draft Development Plans. In most cases, the Scheme and the Planning and Development Act provide at least partial guidance as to


how consultation is to be undertaken. The draft Local Planning Policy seeks however, to ensure consistency of approach. Comment The desire is to provide the community with adequate and appropriate opportunities to be kept informed, to comment on and respond to town planning issues and proposals. The proposed new Local Planning Policy seeks ensure that clear, concise and structured processes are established to deal with the community consultation process for the range of planning matters considered by Council. A copy of the draft policy is attached.

ATTACHMENT 13.06.22 Consultation Chief Executive Officer Should Council resolve to support the draft Policy for public comment, it would need to be advertised for public submissions for a period of not less than 21 days. Statutory Environment Shire of Ashburton Town Planning Scheme No. 7. Part 2 “Planning Policy” Policy Implications Adoption of the Policy will reaffirm Council‟s desire to establish string communication links with the community. 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

Attachments/13.06.22%20Consultation%20for%20Planning%20Proposals.pdf


Council Decision / Officers Recommendation MOVED: Cr Bloem SECONDED: Cr Dann 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. CARRIED 7/1


13.06.23 DRAFT LOCAL PLANNING POLICY – OUTBUILDINGS ASSESSMENT POLICY FOR ADOPTION

FILE REFERENCE: PS.DV.21.1 AUTHOR‟S NAME AND POSITION:



Shire of Ashburton

DATE REPORT WRITTEN: May 26, 2009 DISCLOSURE OF FINANCIAL INTEREST:



Agenda Item 13.03.05 Ordinary Meeting of Council 17 March 2009

Summary At its Ordinary meeting of 17 March 2009 Council adopted a draft Local Planning Policy – “Outbuilding Assessment Policy” and resolved that it be advertised in accordance with the provisions of the Shire‟s Town Planning Scheme No. 7 („Scheme‟). The draft Local Planning Policy seeks to streamline the approval process and provide further interpretation of the Residential Design Codes and the Scheme when assessing applications for outbuilding development within the Shire of Ashburton. The draft Local Planning Policy is intended to control construction of any building that is defined under the Building Code of Australia as a Class 10A building (outbuilding), or a Class 7 or 8 building. The advertised period is complete and no submissions were received.

Background

At its Ordinary meeting of 17 March 2009 Council adopted a draft Local Planning Policy – “Outbuilding Assessment Policy” and resolved that it be advertised in accordance with the provisions of the Scheme. The advertising has been undertaken in accordance with the Scheme and no submissions were received. The draft Local Planning Policy sets is to streamline the approval process and provide further interpretation of the Residential Design Codes and the Scheme when assessing applications for outbuilding development within the Shire of Ashburton. A copy of the draft policy is attached

ATTACHMENT 13.06.23

Attachments/13.06.23%20Outbuildings%20Assess%20Policy.pdf


The draft Local Planning Policy is intended to control construction of any building that is defined under the Building Code of Australia as a Class 10A building (outbuilding), or a Class 7 or 8 building. The desire of some land owners to erect very large sheds and outbuildings on residential lots has become most apparent in recent years. The opportunity for the Shire to assess the impact of these outbuildings and sheds is not clearly defined in either the Building Code nor the Scheme as it presently stands. In is considered that in some cases, the siting and location of these outbuildings and sheds can present an undesirable built form to the street/neighbouring property. The most appropriate means of consideration is through the preparation and consideration of a Local Planning Policy. Comment

This Policy applies to all Class 10A, Class 7 or 8 buildings including garages, sheds, carports, patios, pergolas and gazebos, rural sheds but excluding swimming pools, within the Shire of Ashburton. The Policy relates to all lots with Residential, Urban Development, Rural Residential, Rural Living and Rural zoning. The Tourism, Commercial and Civic, Mixed Business, Industrial and Mixed Business/Development and Strategic Industry/Business zones are excluded from this Policy. Outbuildings associated with activities under a State Agreement Act are also excluded. The draft Local Planning Policy provides the opportunity to seek comments from neighbours where a proposed outbuilding is considered to have the potential to adversely impact on neighbouring residents. Applicants will be requested to supply written comments from adjoining and affected landowners to assist in determining the application. Consultation

Chief Executive Officer Manager Building Services The public consultation provisions of Town Planning Scheme No.7 have been observed. Statutory Environment

Shire of Ashburton Town Planning Scheme No. 7 “Part 2 Planning Policies” Policy Implications

This Policy will strengthen the policy framework of the Shire in relation to assessing outbuildings. Financial Implications

There are no financial implications that relate to this matter.



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

Council Decision /Officers Recommendation MOVED: Cr Bloem SECONDED: Cr Dann 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.

CARRIED 6/2


Declaration of Financial Interest In accordance with Section 5.60 (b)and (c) of the Local Government Act Cr Bloem and Cr Dias declared a financial interest in Agenda Item 13.06.24, the nature of the interest being that they are employees of Rio Tinto or a subsidiary of Rio Tinto which is the applicant for approval

Cr Bloem and Cr Dias requested Council to consider as their interest is trivial and that they be allowed to discuss the item and vote. Cr Dias and Cr Bloem left the room at 1:45pm

Council Decision That Council allow Cr Bloem and Cr Dias to discuss and vote on item 13.06.24, in accordance with the provisions of Section 5.68 (1) of the Local Government Act MOVED: Cr Fernandez SECONDED: Cr Rumble CARRIED 6/0

Cr Dias and Cr Bloem re-entered the room at 1:47pm Prior to the item being considered the CEO, Keith Pearson tabled correspondence from Dr Sheryl Thrussell in relation to Agenda Item 13.06.24 ATTACHMENT 13.06.24a

13.06.24 DEVELOPMENT APPLICATION –EXTENSION TO TOM PRICE MEDICAL CENTRE BUILDING (TRANSPORTABLE BUILDING), (REAR) LOT 854 CENTRAL ROAD, TOM PRICE – REQUEST FOR COUNCIL REVIEW OF DECISION

FILE REFERENCE: TP.CX.854 AUTHOR‟S NAME AND POSITION:



Rio Tinto Pty Ltd



Attachments/13.06.24a%20Dr%20Thrussell%20Letter.pdf



Agenda Item 13.05.18 Ordinary Meeting of Council 19 May 2009

Summary Council at its May 2009 meeting considered an application for planning approval to extend the existing Tom Price Medical Centre by positioning a transportable building on the site. Council did not support the officer‟s recommendation that the application be approved. Council did not, however, formally resolve to refuse the application. The Applicant has requested that the application be „re-tabled‟ at June meeting of Council in order that a formal resolution can be made on the matter. In doing so the applicant has made a number of amendments to the application. It is necessary for Council to determine the Application as either an Approval or Refusal. The Staff‟s recommendation is that it be approved subject to conditions. Should Council not support that recommendation, it is necessary for Council to adopt specific grounds of refusal.

Background Council at its May 2009 meeting considered an application for planning approval to extend the existing Tom Price Medical Centre by means of a transportable building having an area of 22.5m2

Plans, photos and Rio Tinto letter of application of the proposed extension are attached

ATTACHMENT 13.06.24

The subject site has a total area of 1423m2 square metres and currently contains a medical centre (fronting Court Street) and the Tom Price Fire Station (fronting Central Avenue). Tom Price Medical Centre has been operating since the early years of the Tom Price townsite.

Within the immediate vicinity of the subject site, land is used for community purposes – including court house and police station. Land to the north is public open space with land to the west, residential.

The land (Lot 854) is reserved for the purposes of “Parks, Recreations and Drainage Reserve” in the Shire‟s Town Planning Scheme No 7. The site is, in fact the subject of a proposed scheme amendment (Amendment No 4) which was adopted at Councils May 2009 meeting. The proposed amendment has been referred to the WAPC and the Minister for Planning for approval. This application is not, however, reliant on the amendment being approved by the Minister.

Although the officer report submitted to the May 2009 Council recommended that Council conditional approve the proposal, Council voted against that recommendation for the following reason

Attachments/13.06.24%20Transportable%20Dr%20Examination%20Room.pdf


“Council did not think a transportable building suitable, and would prefer a more permanent and amenable structure”. Council did not, however, formally resolve to refuse the development application. It simply refused to adopt the officers recommendation. The applicant has now requested that the application be „re-tabled‟ at the June meeting of Council. In doing so the applicant has made a number of amendments to the application. These include

Increasing the height of the fence from 1.6 to 1.8 metres

Adding a bull nose verandah to the building

Adding a „gable‟ roofline on the building; and

Accepting a limited period of time if deemed necessary by the Shire.

Comment

The development sought is associated with the existing Medical Centre and within a disturbed area on the Lot. The building is a prefabricated transportable and in usual circumstances, would not be supported in the locality unless it complied with the provisions of the Scheme. However, the transportable building is the most effective means of relieving the shortage of work space at the Medical Centre.

Clause 6.15 of the Scheme refers to transportable structures as follows: 6.15.1 When considering planning applications which include transportable buildings and

structures Local Government shall have regard for:

(a) whether the structure is to be permanent or temporary, (b) the location and design of the structure in relation to surrounding structures and other

physical features, (c) the footings or other methods of stabilising the structure, and (d) proposed landscaping to be associated with the structure.

6.15.2 Local Government may specify a period to which planning approval applies and the

requirements for removal of structures which are intended to be temporary. 6.15.3 Local Government may require modifications, additions or landscaping to be undertaken as

part of the placement of transportable structures. In this regard, the proposal addresses the above provision, however, with respect Clause 6.15.1 (d), it is suggested that due to the proposed fence, it is unlikely that landscaping would effectively screen the building. It is considered that the proposed transportable building complies with the relevant Scheme provisions.


Importantly, the building will have a gable roof and bull nose verandah which will soften its impact on the streetscape. The Applicant proposes to „hide‟ the building behind a fence raised to 1.8metres. The Applicant has also advised that it is will to accept a condition retaining the building on site for a limited period of time. In this regard, it is recommended that the building will be linked to the use of the medical centre and be removed should the centre cease to operate.

The operator of the Tom Price Medical Centre has advised that the failure to obtain development approval for the extension will have a significant negative impact on the service offered by the Medical Centre.

In the event of Council wishes to refuse the development application an appropriate resolution for Council to consider would be

“That Council refuse the development application lodged by Rio Tinto Iron Ore Pty Ltd to expand and use the premises at Lot 854 Central Road, Tom Price as a medical centre for the following reason

1. The proposed temporary structure will detract from the amenity of the surrounding area.

Consultation

Chief Executive Officer Manager Building Services As the land is reserved under the Scheme, it is open for Council to advertise any application which is not in accordance with the purpose of the Reserve. However, the development sought is in keeping with areas of existing development and within disturbed area on the Lot and accordingly, advertising is not recommended. Statutory Environment Shire of Ashburton Planning Scheme No 7 Policy Implications

Council‟s Car Parking Policy applies to all development however, as no additional medical staff are intended to be occupied on site, no additional parking is recommended.


There are no financial implications that relate to this matter.


There are no strategic implications that relate to this matter.

Voting Requirement



Council Decision /Officers Recommendation MOVED: Cr Fernandez SECONDED: Cr Rumble 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:

1. A Building Licence for the development should be obtained prior to June 16,

2011. This Planning Consent lapses if a Building Licence for the development has not been obtained by June 16, 2011. Further to this, if the development is not substantially commenced in accordance with the Building Licence by June 16, 2011, then this Planning Consent lapses at that date.

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 the transportable building being occupied, a screen wall/fence 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 to be submitted with the building licence application.

4. Prior to the transportable building being occupied the Applicant shall enter into

a signed agreement with the Shire of Ashburton. The agreement shall nominate the removal of the transportable building upon the associated medical centre ceasing to operate for that purpose.

5. 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.

6. 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 1. 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.


2. 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 (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.

3. 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).

The Shire president used her casting vote CARRIED 4/4

Cr‟s Fernandez, Thomas, Dias & White voted against the motion


13.06.25 DRAFT LOCAL PLANNING POLICY PARKING & SETBACK - FIRST AVENUE, ONSLOW FOR ADOPTION

FILE REFERENCE: PS DV 13 AUTHOR‟S NAME AND POSITION:



Shire of Ashburton




Not Applicable

Summary Some portions of the road pavement for First Avenue, Onslow has been constructed outside the defined road reserve and are situated on private land. The extent of this intrusion into private property ranges from a few millimetres to just under a metre. At its Ordinary meeting of 21 October 2008, Council adopted Local Planning Policy – Parking & Setback Policy - First Avenue, Onslow and resolved that it be advertised in accordance with the provisions of the Shire‟s Town Planning Scheme No. 7 („Scheme‟). The draft Policy provides the opportunity for the Shire to resolve the issue of the road reserve and the constructed road whilst providing the opportunity for landowners to have car parking within the setback. The advertised period is complete and one submission signed by four (4) landowners (owners of Lot 336 and Lot 501) in First Avenue was received. This Report addresses the submission and recommends that Council formally adopt the Policy subject to the modification identified.

Background At its Ordinary meeting of 21 October 2008, Council adopted draft Local Planning Policy – Parking & Setback Policy - First Avenue, Onslow to address the issue of road construction outside the defined road reserve in First Avenue, Onslow Attachment 13.06.25

Attachments/13.06.25%20Parking%20&%20Setback%20First%20Ave%20Onslow.pdf


Under the Shire of Ashburton Local Planning Scheme No. 7 (“Scheme”), land fronting First Avenue, is zoned Commercial and Civic. First Avenue, itself, is reserved for „Conservation, Recreation and Nature Land‟. Clause 6.10.3 of the Planning Scheme as it relates to residential development in the Commercial and Civic Zone in the Onslow Coastal Hazard Area, limits development to R30, as set out in Code of the Residential Planning Codes. The Shire has required that the set back of land associated with Clause 6.10.3 of the Planning Scheme reflect the R30 provisions of the Residential Planning Codes, which is 4 metres. Some portions of the road First Avenue pavement for have been constructed outside the defined road reserve and are situated on private land. The draft Local Planning Policy – Parking & Setback Policy - First Avenue, Onslow provides the opportunity for the Shire to resolve the issue of the road reserve and the constructed road whilst providing the opportunity for landowners to have car parking within the setback. Submission Received One submission was received from the joint owners of Nikki‟s Restaurant. The submission addresses the issue of the draft Policy but also broadly discusses the matters associated with redefining the road reserve, the pavement and foreshore works. The submission is addressed further in the attached Submission Schedule. ATTACHMENT 13.06.25a As a result of the submission, a modification to the Amendment is recommended where the existing 90° parking for Nikki‟s restaurant is recognized. The recommended modification to the draft Policy is as follows: “In relation to Lot 336, the Policy recognizes the existing 90° car parking on the land serving the restaurant use. This Policy does not apply to Lot 336 whilst the restaurant use or other use approved by Council is in operation” Comment In keeping with the R30 requirements of the Residential Planning Codes, it is reasonable to retain a minimum 4.0 metre building setback to any boundary fronting First Avenue. However, it is considered appropriate for Council to allow a setback of a fence or retaining wall to be 3.0 metres, with car parking allowable in the setback. However, as a condition of any Planning Approval, Council should seek to have any portion of the existing road to be transferred to the Shire at no cost. Importantly, any such land transfer will not impact upon the calculation for density. In addition, in order to ensure continuity of building development, it is considered appropriate for Council to define a preference of retaining wall (as per the draft Policy). Subject to the modification as recommended (resulting from the submission), the draft Local Planning Policy – Parking & Setback Policy – First Avenue, Onslow should be adopted.

Attachments/13.06.25a%20Schedule%20for%20Parking%20&%20Setback.pdf


Consultation Chief Executive Officer Executive Manager Development Services The public consultation provisions of Town Planning Scheme No.7 have been observed. In addition, a meeting was organized in Onslow on 28 April 2009 with all land owners affected by the draft Policy (nine landowners) invited to attend to discuss their concerns with Shire staff. It also gave the Shire the opportunity to explain and clarify the purpose of the draft Policy. Two land owners attended the meeting (owner of Lots 333/334 and the owner of Lot 501) and sought clarification as to the impact of the Policy on their (respective) land. It is the view of the Administration that the meeting outcome addressed their issues and clarified the intent and impact of the draft Policy. It should be noted that the owner of Lots 333/334 who is probably the most affected by the location of the existing road pavement and the draft Policy, has not lodged a submission to Council. Statutory Environment Shire of Ashburton Town Planning Scheme No. 7 (Part 2 Planning Policy) Policy Implications Adoption of the Policy as modified will establish the Council direction for the development of First Avenue. 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

Council Decision /Officers Recommendation MOVED: Cr Fernandez SECONDED: Cr Bloem 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. CARRIED 8/0


13.06.26 TENDER PARABURDOO CARAVAN PARK, LOT 1 CAMP ROAD, PARABURDOO

FILE REFERENCE: PA.CM.1 AUTHOR‟S NAME AND POSITION:



Gumala Aboriginal Corporation


The author notes that his wife is an employee of a subsidiary of Gumala Aboriginal Corporation; however he is of the opinion that he is able to objectively assess the matter which is the subject of this report.


Agenda Item 13.08.33 Ordinary Meeting of Council, 19 August 2008

Summary Council, at its August 2008 meeting, resolved to appoint Gumala Aboriginal Corporation as the preferred tenderer in relation to the proposed development and operation of a caravan park on Lot 1 Camp Road, Paraburdoo. Extensive discussions have taken place with Gumala since that time and the matter is now referred back to Council for final consideration.

Background

Council, at its August 2008 meeting, considered a report in relation to a tender which sought proposals in relation to the development and operation of a caravan park on Lot 1 Camp Road, Paraburdoo The land to be developed is owned by Rio Tinto Iron Ore Pty Ltd, but is the subject of a 15 year lease to the Shire. Two tenders were received at the time tenders closed and the relative merits of these were considered at the August 2008 Council meeting. Following its deliberations Council resolved That Council resolves to;


1. Appoint Gumala Aboriginal Corporation as the preferred Tender for the Development and Operation of the Paraburdoo Caravan Park.

2. Instruct the CEO to negotiate all aspects of the Tender with Gumala Aboriginal Corporation and

3. Providing negotiations with Gumala Aboriginal Corporation are satisfactory, approve the CEO to award the contract.

Comments Gumala Aboriginal Corporation‟s (GAC‟s) proposal consisted of 60 three bedroom cabins, 22 caravan sites and 40 tent sites. Further, the company offered a monthly rental of $2,000 per month plus occupancy fees of $2 / night for caravan and camping bays, as well as $3/night for cabins. A copy of the layout submitted at the time of tender is attached. ATTACHMENT 13.06.26 Gumala Aboriginal Corporation, in the documentation it submitted with its tender, placed an emphasis on the tourist related market. After Council considered the matter in August 2008, the company proposed a more intense development which had a heavy emphasis on transient workers accommodation. Shire officers were advised that the proposal was geared to meet the needs of Rio Tinto Iron Ore Pty Ltd, FIFO workforce and other workers in the town. The Administration advised GAC that the amended proposal was unacceptable and as a result the company reverted to a four stage proposal, based on the company‟s original submission at the time of tender

ATTACHMENT 13.06.26a

The company has stated, in supporting correspondence, dated 4 March 2009 “Gumala Enterprises, on the 10 December 2008 formalised a Business Plan on the commercial feasibility of the development and operation of the Paraburdoo Tourist Park. Due largely to external market factors, the Business Plan concluded that developing the entire Paraburdoo Tourist Park would involve considerable risk and a safer alternative would be to develop the park in stages. Gumala Enterprises proposed to develop the Paraburdoo Tourist Park in four stages, with each stage being a viable stand alone commercial operation..................... Tourism The Paraburdoo Tourist Park is predominantly targeted at the backpacker, caravan, tour group, and VIP guest markets. In order to target these critical markets from the onset, the initial site development (Stage 1) will involve the establishment of all caravan bays and tent sites and approximately a quarter of all cabin accommodation for those non

Attachments/13.06.26.pdf

Attachments/13.06.26a.pdf


caravan/non-backpacking tourists. This includes the VIP cabin accommodation which will cater for families during school holidays and executive VIP accommodation during all non-holiday periods. The subsequent development stages provide additional cabin accommodation and associated facilities to increase the parks capacity to occupy the non-caravaning/non- backpacking markets”. Initially it is proposed to construct

15, 3 bedroom standard cabins

2, 2 bedroom VIP cabins

22 caravan bays

39 tent sites

1 laundry block

1 ablution block

1 reception, office and shop building

1 manager‟s residence

Parking facilities for all four stages

Footpaths linking Stage 1 facilities

Park area and Stage 1 landscaping

4 gazebos Future stages are proposed on the basis of market demand and will each consist of 15, 3 bedroom cabins and ancillary facilities. Finally the company has advised that its original tender submission was based on the assumption that the whole of the site would be developed. Now that a staged construction is envisaged the company has advised that it has amended the proposed fixed component of the rental from $2,000 per month, to $500 per month, per stage. The company‟s staged development program is understandable and its proposal to ensure that the caravan and company facilities are to be included in the first part of the proposal to be developed is to be supported. The fact remains however, that the complete proposal has a significant functional emphasis on transient workers accommodation, due to the following:-

The proposed 3 bedroom cabins are relatively impracticable accommodation for tourists

The carparking provision for the whole development is significantly less than that required if the park was to operate predominately as a tourist facility

The positioning of the main carparking provision in a single location and not dispersed amongst the accommodation structures is inconsistent with the manner in which tourist accommodation functions.

The author notes that the commercial reality is that for a caravan park to function as a sustainable business in Paraburdoo it will require a component of workers accommodation facilities to make it viable. It is also noted that there is a legitimate demand for worker accommodation generated by a number of businesses in the town, besides the main resource company in the town. Indeed


Council on a number of occasions has recognised the lack of accommodation in the town for contractors and local business people. In an attempt to balance conflicting objectives including the desire for tourist accommodation, the need for the project to be commercially viable, the demand for workers accommodation and finally Council‟s desire to discourage FIFO workforces, the author proposes that Council support the preferred tenderer subject to

(a) The development being limited to Stages 1 and 2, only (b) 5 of the 3 bedroom cabins in Stage 1 being replaced by 2 bedroom cabins.

Consultation

Gumala Aboriginal Corporation Executive Manager Community & Economic Services Statutory Environment

Section 3.57, Local Government Act 1995 and Part 4, Local Government Act (Functions and General) Regulations 1996.

Policy Implications

There are no known policy implications relative to this issue.


There will be a financial return to Council. The size of the return will largely depend on the level of occupancy achieved.


Strategic Plan 2007-11 Business Plan Objective – Include and Engage our Community – Facilitate the establishment of a caravan park in Paraburdoo. Voting Requirement


Council Decision /Officers Recommendation

MOVED: Cr Rumble SECONDED: Cr Bloem

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.

CARRIED 5/3


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

FILE REFERENCE: PA.CM.0001 AUTHOR‟S NAME AND POSITION:



Gumula Aboriginal Corporation




Agenda Item 13.08.33 Ordinary Meeting of Council 19 August 2008

Summary An application for Planning Approval has been lodged by Gumala Aboriginal Corporation (GAC) to construct and use Lot 1 Camp Road, Paraburdoo, as a tourist/caravan park. In August 2008 Council resolved to appoint GAC as the preferred Tender for the development and operation of the Paraburdoo Caravan Park. The Application generally reflects the information lodged with Council for its Tender Application. The Application was advertised and at the time of writing the Report to Council, no objections have been received. It is recommended that Planning Approval be issued subject to conditions ensuring any that „Transient Workforce Accommodation‟ is ancillary to any tourist use. Further the plan should be modified to provide a greater degree of cabin development for „tourist‟ purposes, and staging is controlled in a manner that ensures the completion of the „tourist‟ component of the development before any „Transient Workforce Accommodation‟.

Background An application for planning approval has been lodged by Gumala Aboriginal Corporation (GAC) to construct and use Lot 1 Camp Road, Paraburdoo, as a tourist/caravan park.


The 3.10 hectare site has previously been used as a caravan park, however this use ceased several years ago and since then the site has been vacant. GAC proposes a four stage development, consisting of the following staged development. Development Stage 1 Stage 1 consists of developing the following; • 15, 3 bedroom standard cabins • 2, 2 bedroom VIP cabins • 22 caravan bays • 39 tent sites • 1 laundry block • 1 ablution block • 1 reception, office and shop building • 1 manager‟s residence • Parking facilities for all four stages comprising - 64 „guest‟ parking bays;

- 6 office/service related bays; - 7 „check-out‟ short term bays; - 2 bus parking bays.

• Footpaths linking Stage 1 facilities • Park area and Stage 1 landscaping • 4 gazebos Development Stage 2 Stage 2 consists of developing the following; • 15, 3 bedroom standard cabins • Footpaths linking Stage 2 development with Stage 1 • Landscaping • 4 gazebos Development Stage 3 Stage 3 consists of developing the following; • 15, 3 bedroom standard cabins • 1 laundry block • Footpaths linking Stage 3 development with previous Stages • Landscaping • 2 gazebos


Development Stage 4 Stage 4 consists of developing the following; • 15, 3 bedroom standard cabins • Footpaths linking Stage 4 development with previous Stages • Landscaping • 2 gazebos Copies of plans of the various stages of the proposed development, as well as the correspondence which accompanied the application are attached

ATTACHMENT 13.06.27 The proposed development is the subject of a separate report to Council on the June 2009 agenda. (Agenda Item 13.06.26 „Tender Paraburdoo Caravan Park‟) as the application relates to GAC‟s response to the Council‟s call for tender submissions relating to the development and operation of a caravan park on the subject land. It is in this context that it is noted that the Shire in its role as sub lessor of the site, still needs to sign the development application for it to be a valid application. The subject land is zoned „Tourism‟ in the Shire‟s planning scheme. Part 4.1 (b)(ii) of the Scheme stating the Tourism zone is “.....intended to accommodate development which has the primary focus on providing tourism services”. Clause 6.10.1 of the Scheme states: “Development in the Commercial and Civic and Tourism Zones should be generally in accordance with the strategic statement contained in the Scheme Report, or strategic statements contained in the Scheme Report, or Policy in the policy manual.‟ The Scheme Report states: The Tourism Zone may or may not include holiday accommodation but is intended to accommodate development which has a primary focus on providing a tourism service. Comment The intent of this Report is two-fold-

1. To seek guidance from Council with respect to whether it is prepared to consent to sign the Application form as Sub-Lessor; and

2. Should Council consent to signing the Application form, Council view is sought to consider the Planning merit of the Application for Planning Approval.

The use of the site for „tourist/caravan park‟ is in keeping with the zone and the clear intent of the Lease with Hamersley Iron Pty Ltd (the owner of the land) and the Shire. Some modification is recommended to the camping, caravan and parking arrangements to ensure compliance with the Shire of Ashburton Local Planning Scheme No 7 („Scheme‟) and to the maximise user convenience.

Attachments/13.06.27%20Tender%20Paraburdoo%20Caravan%20Park.pdf


Of specific concern are the proposed carparking arrangements. It is proposed to construct a centralised carpark of 60 spaces during Stage 1 of development with minimal changes in this number during the latte three stages. It is noted that the Shire‟s scheme requires parking at the following rates Holiday Accommodation One per accommodation unit, plus one per every three units for visitors. Transient Workforce Accommodation Two every three sleeping units, plus one oversized vehicle parking bay every 10 sleeping unit (minimum two bays), plus at Local Government‟s discretion the provision of oversized vehicle bays. On this basis the following would be the necessary carparking proviso Holiday Acc TWA Stage 1 64 35 Stage 1 & 2 122 68 Stages 1,2,3 and 4 240 133 Council does have the discretion to reduce these parking requirements where it considers it appropriate. In this context, the proposed number of spaces appears reasonable for Stage 1 but slightly deficient for Stage 1 & 2. In the absence of any justification the provision is clearly deficient for the proposed four stage development. This, combined the concentrating of almost all of the parking spaces in one location (and not dispersed them throughout the site) suggests that a major redesign of car parking arrangements is necessary. A more over-riding issue or the Council is the use of the development for “Transient Workforce Accommodation”- which is defined under the Scheme as: “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 contractor‟s camp and dongas.” It is not clear from the Application how many of the proposed buildings, caravan sites and camping sites are sought to be used for “Transient Workforce Accommodation”. By letter dated 4 March 2009, the Applicant advised: “Gumala Contracting propose to develop the Paraburdoo Tourist Park in four stages, with each stage being a viable stand alone commercial operation. Our development is targeted predominantly at the backpacking, caravan, tour group, and executive guest markets. However, to a lesser extent, Gumala Contracting also envisage that the Paraburdoo Tourist Park could cater for the transient workers and the FIFO workers market, improving the commercial viability of the development during the tourism offseason”.


The Applicant appears to be seeking a flexible approach to the use of the land for “Transient Workforce Accommodation” which might be suitable as a marketing approach, but is unrealistic from the planning position of the Council and the Shire. Accordingly, the Council should provide the direction as to what degree of “Transient Workforce Accommodation” would be acceptable. It is considered that some “Transient Workforce Accommodation” while still protecting the use of the land for tourist purposes. In this regard, it is suggested that the 15 three (3) bedroom cabins (45 rooms) defined in „Stage 2‟, along with the 10 three (3) bedroom cabins (30 rooms) within the „southern block‟ defined in „Stage 1‟be permitted to be established for “Transient Workforce Accommodation” purposes. The 5 five (3) bedroom cabins (15 rooms) located to the north of the 10 cabins referred to above should be modified to be VIP cabins and be available for use for tourist purposes as these cabins are considered to be more closely aligned to tourist use. It is considered an important requirement to ensure the establishment of the „Park‟ for tourist use should occur prior to the use of the land for any “Transient Workforce Accommodation”. At this stage, it is recommended that Stages 3 and 4 not be supported by Council due to their emphasis on transient workers accommodation at the expense of tourist accommodation. Consultation Chief Executive Officer Manager Building Services Community consultation was undertaken in accordance with the Scheme and at the time of writing, no objections were received. Notice of the application was placed on the Shire‟s Paraburdoo Notice Board and the proprietor of the local hotel was notified of the application in writing. Statutory Environment Shire of Ashburton Town Planning Scheme No 7 Policy Implications Council‟s Local Planning Policy – Transient Workforce Accommodation is applicable to the proposed development. Financial Implications There are no financial implications relating specifically to the development application. There would however, be a financial benefit to the Shire if it enters into a commercial base with the proponent.


Strategic Implications The proposal reflects Project No. 8 of the Business Plan Objectives of the Shire‟s Strategic Plan which states “Facilitate the establishment of a caravan park in Paraburdoo”. Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation MOVED: Cr Bloem SECONDED: Cr Dias 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:

1. Prior to the commencement of any works, plans are to be submitted that are

generally in accordance with plans and elevations submitted by the Applicant with the following modifications:

a) deletion of Stages 3 and 4;

b) elevations of all proposed buildings associated with Stages 1 and 2;

c) on site car parking facilities shall be redesigned in modification to reflect a

manner to the satisfaction of the Chief Executive Officer

d) the provision of 179 spaces (including 8 „oversized‟ spaces) or other figure that after modification to reflect the changes required pursuant to this Planning Approval represents the parking provisions of the Shire of Ashburton Local Planning Scheme No. 7;

e) tent site area modified to include car parking directly associated with 75% of

sites;


f) caravan sites of a suitable size to cater for a van and the towing vehicle;

g) compliance with the provisions of the Caravan Parks and Camping Grounds Regulations 1997;

2. A building licence for the development should be obtained prior to 16 June 2011.

This Planning Approval lapses if a building licence for the development has not been obtained by 16 June 2011. Further to this, if the development is not substantially commenced in accordance with the building licence by 16 June 2011, then this Planning Approval lapses at that date. With the permission of the Shire of Ashburton, this Planning Approval may be extended.

3. Unless with the written consent of the Council, the car parking landscaping, tent sites, caravan sites, ablution block, laundry block, park, reception and managers residence shall be completed to the satisfaction of the Shire prior to the commencement and use of the any transient workforce accommodation.

4. Prior to the development being occupied the Applicant shall enter into a signed

agreement with the Shire of Ashburton pursuant to Clause 6.9.4 of the Scheme. The agreement shall:

a) provide that the VIP cabins in Stage 1 will be available for short term stay and

not exclusively be used for transient workforce accommodation;

b) any publicity for the park would acknowledge the availability of the VIP cabins for tourist purposes;

c) nominate the removal of cabins associated with the transient workforce

accommodation and require the structures to cease being used for that purpose by 16 June 2024 or other period as agreed by the Chief Executive officer and where directed in writing on or after 16 June 2024, the structures to be removed within 28 days of the agreement.

5. Plans submitted with the building licence are to be generally in accordance with

plans submitted show finished ground levels and finished floor levels to the satisfaction of the Shire of Ashburton.

6. The development being designed and constructed to allow easy access for people with disabilities to the satisfaction of the Shire of Ashburton. Details to be submitted with the building licence application.

7. The external wall colours and materials for the development shall be to the

satisfaction of the Shire of Ashburton.

8. The parking areas, driveways, accessways and points of ingress and egress [including crossovers] to be designed, constructed, sealed, drained, marked and thereafter maintained to the specifications and satisfaction of the Shire of


Ashburton. Details to be submitted with the building licence application.

9. Not less than one percent (0.5%) of all car parking bays (or other percentage as agreed to in writing by the Shire) is to be designed and designated disabled parking bay(s) and located convenient to the building entrance and with a minimum width of 3.6 metres, to the satisfaction of the Shire of Ashburton.

10. The numbers of toilets/showers are to reflect the provisions of the Caravan Parks

and Camping Grounds Regulations 1997 with evidence of compliance to be submitted with the building licence application.

11. No caravan or tent site to be occupied by any person for more than 3 months

within any 12 month period. In this regard, the manager / operator are to maintain a register of guests which is to be made available for perusal by Shire of Ashburton officers on demand.

12. Prior to the issue of a building licence (whichever comes first), the Applicant shall

submit a landscape plan and a landscape assessment to the satisfaction of the Shire of Ashburton. The Plan should indicate the location:

location and species of all trees to be removed and / or retained;

the l and type of fencing to be installed;

the location and type of reticulation to be installed; and

the location and type of paving to be installed.

The Plan should also include a plant schedule nominating each species, the spacings of each species, the numbers of plants required; and the size of each plant to be used at the time of planting, together with the anticipated height of each plant at maturity. The Plan should identify and include any adjoining road verges. The Plan must be submitted and approved prior to the issue of a building licence.

13. Landscaping and reticulation to be established in accordance with the approved

plan(s) prior to occupation of the terminal building and thereafter maintained to the satisfaction of the Shire of Ashburton.

14. The provision of a suitably screened bulk bin area/s for refuse to the specifications and satisfaction of the Shire of Ashburton prior to occupation of the development. Details to be submitted with the building licence application.

15. A screening fence constructed of materials and of a colour to the satisfaction of

the Shire shall be constructed around the development prior to the buildings being occupied.

16. The development shall not be occupied until the entire development satisfies the

provisions of the Health Act 1911, to the satisfaction of the Shire‟s Principal Environmental Health Officer.


17. All caravan and camping facilities shall be constructed and operated in accordance with the Caravan Parks and Camping Grounds Act 1995, and associated legislation.

18. The land being connected to the comprehensive district drainage system at the

Applicant‟s cost to the satisfaction of the Shire of Ashburton. Details to be submitted with the building licence application.

19. All development being connected to all reticulated services, i.e. power, water,

sewerage and telecommunications prior to occupation. Details to be submitted with the building licence application.

Advise the Applicant as follows:

i. The Applicant is advised that Council wishes to ensure that any „Transient Workforce Accommodation‟ is ancillary to any tourist use of the land. In this regard, Council has resolved to delete proposed Stages 3 and 4 as it wishes to monitor the establishment and operation of Stages 1 and 2 before considering any further Stages. It should be noted that the provision of carparking reflected in this Approval includes a „discount‟ of car parking for only 75% of camp sites. However, Council wishes to advise that the issue of parking will be a matter of concern for Stages 2 and 3 as there is a calculated short fall of approximately 45 spaces and 9 „oversized‟ spaces. Council considers that the deletion of Stages 3 and 4 as part of this Application will enable the issue of parking to be monitored and provide the opportunity to gain some empirical evidence on the parking needs of the overall development.

ii. 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).

CARRIED 5/3 Cr‟s Thomas, White and Fernadez voted against the resolution


13.06.28 DEVELOPMENT SERVICES DECISION STATUS REPORT #

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

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

8. 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.

9. 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.

10. 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.

11. The building shall be connected to a reticulated water

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


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

Advice Notes 4. 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.

5. 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 (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.

6. 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).

2. 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.

On-Going Notice of refusal sent to applicant. Applicant has Appealed to the State Administrative


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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

Tribunal and a Direction hearing was held on 27 May. Mediation date is 2 July 2009 in Tom Price.

3. 04/09 13.04.11 Draft Local Planning Scheme Amendment No 3 – Modification to the Zoning Table to allow „aged or dependent Persons Dwelling‟ as a „Discretionary‟ use within the „Community Zone‟ – (Consideration of Adoption for Final Approval)

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 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

Ongoing. Documents

prepared and referred to

WAPC/Minister for Planning for final approval.


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amendment in which case it shall be referred to the Council for consideration.

4. 04/09 13.04.12 Onslow Sun Chalet Tender

That Council: 1. That the tendered amount of $267,788.50 from Munro

Contracting not be accepted as it is approximately $80,800 over the adopted budget.

2. Instructs the Chief Executive Officer to review the schedule of proposed works and call for quotations for amendments for the re-schedule of works.

Ongoing. Tenderers notified of

Council decision. Quotations

called for and contract

awarded to Munro

Contracting.

5. 03/09 13.03.05 Draft Local Planning Policy Outbuildings Assessment Policy

That Council

1. Adopt the draft Local Planning Policy – Outbuilding Assessment Policy as a Draft Local Planning Policy under the provisions of CI. 2.3 of Town Planning Scheme No.7 and be advertised in accordance with clause 2.31 of the scheme.

2. Directs that upon completion of the advertising

period the matter to be referred back to Council for further consideration.

Finalised Subject of Report to June 2009 Council meeting

9. 10/08 13.10.40 Parking and Setback Policy – First Ave Onslow

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

Setback Policy – First Avenue, Onslow as a Draft Local Planning Policy under the provisions of C1 1.3 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..

Finalised Report prepared for Council consideration in the June Agenda (as the matter can be addressed at the Council meeting


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in Onslow).

10. 08/08 13.08.33 Tender Paraburdoo Caravan Park Lot 1 Camp Road Paraburdoo

That Council resolves to; 1. Appoint Gumala Aboriginal Corporation as the

preferred Tender for the Development and Operation of the Paraburdoo Caravan Park.

2. Instruct the CEO to negotiate all aspects of the Tender with Gumala Aboriginal Corporation, and

3. Providing negotiations with Gumala Aboriginal Corporation are satisfactory, approve the CEO to award the contract.

Finalised Subject of report to June 2009 Council meeting.

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 Review

That Council 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

Ongoing . Report prepared for Council consideration in the July Agenda.


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developing a new policy.

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 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

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


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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‟ 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

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


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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 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

Ongoing Subject of report to July 2009 Council meeting


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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 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


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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.

17 04/06 13.03.015 Amendment to Health Local Law – Prescribed Refuse Collection Areas

That:- 1. Council resolved to amend the Health Local Laws by

adding the following to Schedule 15:-

Any other defined areas of the district that have been approved and developed in accordance with the provisions of a State Agreement or an approval offered by the Shire of Ashburton under the Town Planning & Development Act 1928 (as amended).

2. The necessary statutory procedures be instigated and the matter be referred back to Council for further consideration at the appropriate time.

3. It be noted that the wording of the proposed amendment as adopted by Council under item 7.09.539, Ordinary Meeting of Council 19 September 2000, has been altered.

Finalised Being incorporated into Local Law review process. Report to be submitted to July Council meeting.

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.


Council Decision /Officers Recommendation MOVED: Cr Bloem SECONDED: Cr Dann That Council note the contents of the report CARRIED 8/0


14.06.0 WESTERN OPERATIONS REPORTS

14.06.08 PROPOSED ONSLOW MULTIPURPOSE SPORTS FACILITY (INCLUDING RACECOURSE)

FILE REFERENCE: ON.R.19291 AUTHOR‟S NAME AND POSITION:



Onslow Recreational Clubs Association Inc

DATE REPORT WRITTEN: 6 June 2009

DISCLOSURE OF FINANCIAL INTEREST:



Agenda Item 14.04.06 Ordinary Meeting of Council 15 April 2008 Agenda Item 14.02.02 Ordinary Meeting of Council 19 February 2008 Agenda Item 14.05.006 Ordinary Meeting of Council 16 May 2006

Summary The Newly formed Onslow Recreational Clubs Association Inc is seeking to apply for land tenure in order to relocate the Ashburton Race Club race track and to build a new multipurpose sport facility on the Onslow Common. While the concept of a multipurpose sports facility generally in the location proposed is worthy of Council support, there are specific locational issues associated with the site chosen by the proponents. The proponents previously requested “in principle” support from Council and whilst this was given there were numerous issues to be considered prior to formal support being provided. The proponents were also requested to submit to Council a detailed proposal. This has now been submitted and it is proposed that Council further consider the Association‟s request. At this time there is no formal agreement between the proponents of the facility and therefore it will be necessary for them to formalise their partnership arrangement, if the proposal is to be progressed.


Background

Council at its May 2006 and April 2008 meetings considered a report in relation to a proposal to relocate the existing Ashburton Race Club race track at Onslow to a new location on the western side of Onslow Road, within the Shire managed Onslow Common Reserve (Reserve 19291) The proposal, as presented to Council in May 2006 and April 2008 was lacking in detail, however, the Council was of the opinion that it was worthy of initial support and therefore resolved: That Council advise the Onslow Multipurpose Sports Facility proponents that it supports the proposed development, in principle, subject to:

(a) the proposed complex being moved in order that it does not intrude into the Strategic Industrial zone, as identified in the Shire‟s Town Planning Scheme No7;

(b) the proponents submitting to Council a detailed submission setting out the following

information

Area of land

Proposed route of main access to the site

Track and facilities layout

Estimated development time frame

Estimated budget and

Proposals for the use of existing track and facilities

as was requested by Council, at its meeting on 16 May 2006, and (c) Council being provided with copies of “letters of support” from individual supporting organisations, in a form acceptable to Council. Correspondence, which addresses the information requested by Council, has recently been received from the Onslow Recreational Clubs Association INC. The information submitted also provides evidence of the formalisation of the agreement between the individual clubs by the way of an association that provides a management forum for the proper use and maintenance of the Onslow Multipurpose Sports Facility. A copy of the Onslow Recreational Clubs Association Inc constitution, location map and support letters are attached.

ATTACHMENT 14.06.08

Comment

In summary, the documentation recently received from the Onslow Recreational Clubs Association Inc highlights the following :-

Attachments/14.06.08%20%20Onslow%20Recreation%20App.pdf


the proponents‟ preferred location for the race track is unchanged and therefore remains in the Onslow Common, which is a reserve managed by the Shire.

the proposed track continues to straddle an area partly zoned “Rural” and partly zoned “Strategic Industry” in the Shire‟s Town Planning Scheme No7.

ORCA proposes a 5 year lease conditional on meeting development milestones. They further propose that once on ground works have been completed Council consider a longer lease term.

The proposed development is documented to take 3 years and is broken down into 3 stages – (access road and landscaping of the overall area will be ongoing throughout the 3 stages).

Stage 1 – development of the Clubroom, main ablution facilities and Race track, once tenure is secured it is anticipated these works could be completed in 12 months.

Stage 2 – installation of power, water and phone facilities. Stage 3 – construction of Golf course and motocross track – completion by late

2010.

The total budget is estimated to be $600,000.00. It is anticipated that a significant proportion of the cost will be completed “in-kind” by local businesses and volunteers.

ORCA is actively seeking funding and once land tenure is secured will be in a position to progress applications.

It is further proposed that the Onslow Rifle and Pistol Club will remain in the current location at the existing race track.

ORCA are not seeking a permanent liquor license. They will apply for an occasional license when required for a specific event.

It is clear that the proponents have progressed the proposal since it was last considered by Council, in that they have formed an incorporated body and have prepared a more detailed submission which sets out how the proposal is to be progressed. The precise location of the proposed facility still remains an issue in that it continues to straddle land, part of which is zoned “Strategic Industry”(Council may recall that the proposed use is prohibited in such a zone) Recent discussions with State Government agencies in relation to the proposed Ashburton North Strategic Industrial Area suggests, however, that this encumbrance on the proposed project may be overcome in the not too distant future. More specifically the State Government Working Groups (which include the Department for Planning and Infrastructure) have informally, raised no objection to the existing Onslow Strategic Industrial Area (which includes part of the land proposed for the racetrack) being „back zoned “to “Rural” at the same time the Shire‟s Planning Scheme is amended to reflect a new Strategic Industrial Area at Ashburton North, in the event the latter is progressed. Should the portion of land zoned “Strategic Industrial” which is to be occupied by the proposed racecourse, be rezoned to Rural, Council would then have the discretion to give positive consideration to an application for development approval. It would also be able to support an application to the State Government to excise the necessary land from the “Town Common” reserve


and make it a separate reserve for the purposes of “Recreation”, with the power to lease to a third party. It is acknowledged that rezoning of the subject land would take a reasonable period of time. During that time, however, there would be no reason why the proponents could not undertake investigations such as heritage and environment studies, which would be required to progress the proposal. In the event of Council agreeing to the latter occurring it should only be on the firm understanding that the Shire agreeing that such investigations can take place must not be interpreted that the land will definitely become available for the proposed development. Consultation Ashburton Race Club Onslow Golf Club Onslow Rifle and Pistol Club Onslow Wheels Club Onslow Rodeo Club Mr Pearse Herbert, Mr Bob Harris, Ann Eyre and Mr Robert Lund (Correspondence) Department of Planning and Infrastructure Department of State Development

Statutory Environment

Land Administration Act Local Government Act 1995 Planning & Development Act 2005 Shire of Ashburton Town Planning Scheme No7 Policy Implications

Onslow Structure Plan 2003 Draft Onslow Structure Plan 2008


There are no qualified financial implications at this stage, should Council choose to proceed budget implications may include – planning considerations and supporting contributions to the development. Strategic Implications

Strategic Plan 2007-2011; the proposal has the impact to support Council‟s strategic direction in regards to – improved services and infrastructure and quality lifestyle and wellbeing. Voting Requirement



Council Decision / Officers Recommendation MOVED: Cr Bloem SECONDED: Cr Rumble 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.

CARRIED 8/0


14.06.09 ONSLOW MULTI PURPOSE COMPLEX – APPROVAL TO COMMENCE WORKS

FILE REFERENCE: CS.ES.3 AUTHOR‟S NAME AND POSITION:

Amanda O‟Halloran Executive Manager Western Operations and Finance


Not Applicable


The Author has no financial interest in this matter.


Not Applicable

Summary The Shire of Ashburton has been endeavouring to raise funds to build a Multi Purpose Complex in Onslow for the last 11 years. On numerous occasions funding has been received and then duly returned because the whole of project funding had been unachievable. Recent funding grants contained in the State Governments budget mean that the Shire can now begin to plan for construction as funding has been secured for the whole project. The Administration seeks approval to commence works on this significant project.

Background The Onslow Multi Purpose Complex has been an eleven year project. The community of Onslow has long sort to have an evacuation centre and a venue for large scale community and recreational events. The proposed complex will aim to provide a facility for four (4) main purposes. 1) Emergency Evacuation 2) Indoor Sport and Recreation 3) Function Hire 4) Child Care The high risk of cyclonic and tsunami activity to the Onslow area means that the proposed facility will provide a vital venue in the event that evacuation of community members being required.


Further, the proposal will provide a modern facility for community members to access indoor sporting and recreational activities. Onslow‟s extreme weather conditions mean that the Complex will provide an alternative to outdoor sport and recreation activity for all community members. The Complex will be used for productions, bands and other performances and give Onslow the capacity to utilise the Country Arts scheme and the like. It will also provide a hire out venue for functions such as dances, weddings, conferences and so on. The Complex will also contain a new Child Care Centre. Comment The Shire has received a $7 Million Dollar grant towards the cost of the Onslow Multipurpose Complex from the State Government‟s Royalties for Regions – Pilbara Communities Fund. This funding will allow the project to commence immediately. It is anticipated that the project will physically commence in October 2009 with a completion date set for the commencement of the 2010/11 Cyclone season and summer. Preliminary planning and works (e.g., site survey, geo technical testing and tender preparation) require a budget allocation. It is requested that Council approve a budget of $100,000.00 for 2008/2009 and further funds be allocated through the 2009/2010 budget process. These funds will be recouped from the State Government grant. Consultation Chief Executive Officer Executive Manager Engineering Services SOA - Asset Management Officer Stephen Webster – CEO Pilbara Development Commission Policy Implications Nil applicable Financial Implications Requesting $100,000 to be allocated from the 2008/2009 financial budget. Funding is held in reserve for the project. This expenditure will be recouped form the $7.0 Million State Government Grant. Statutory Environment Local Government Act 1995, Part 6 – Financial Management, Section 6.2 and Local Government (Financial Management) Regulation 1996, Part 3 – Annual Budget – Regulation 22.


Strategic Implications 2007-2011 SOA Strategic Plan 5. Community Safety and Security – 1. Construction of Emergency Evacuation Centre in Onslow (Multi Purpose Complex). Voting Requirement Absolute Majority Vote

Council Decision / Officers Recommendation MOVED: Cr Fernandez SECONDED: Cr White

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.

CARRIED 8/0


14.06.10 WESTERN OPERATIONS DECISION STATUS REPORT

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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


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3 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 Councillors are to inspect building at the time of the June 2009 Council meeting

4 05/09 14.05.06 Local Emergency Management Committee UHF Radio Project

Council authorises the $22,000.00 expenditure for the Onslow LEMC UHF RADIO Project as per the National Mitigation Grant funding arrangements received in 2008.

Finalised Radios Purchased and due for delivery 15

th

June 2009

5 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

Ongoing Awaiting Robe River Mining Company Pty Ltd to provide copy of amended plan


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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.

CORPORATE

6 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; 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.

Ongoing Discussions with Rio Tinto are underway. (Pannawonica)


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DEVELOPMENT

7

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

8 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 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.

Ongoing Land issues finalised – Negotiating with FESA to finalise building handover.



MOVED: Cr Bloem SECONDED: Cr Fernandez

That Council note the contents of this report

CARRIED 8/0


15.06.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING

16.06.0 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.


Council Decision MOVED: Cr Fernandez SECONDED: Cr Rumble That Council close the meeting to the public at 2:15pm pursuant to sub section 5.23 (2)(e) of the Local Government Act 1995.

CARRIED 7/0

16.06.09 CONFIDENTIAL ITEM GORGON SOCIAL IMPACT MANAGEMENT PLAN

FILE REFERENCE: RD.OG.2.3 AUTHOR‟S NAME AND POSITION:

Amanda O‟Halloran Executive Manager Western Operations and Finance


Not Applicable


The Author has no financial interest in this matter.


Confidential Agenda Item 16.04.06 Ordinary Meeting of Council 21 April 2009

Please refer to Confidential Attachment 16.06.09 under separate cover

Council Decision / Officers Recommendation MOVED: Cr Fernandez SECONDED: Cr Bloem That Council endorse Chevron‟s actions as it develops a proactive engagement plan with the Shire, in relation to its Social Impact Management Plan CARRIED 7/0

Council Decision That the meeting be re-opened to the public at 2:19pm MOVED: Cr Fernandez SECONDED: Cr Bloem

CARRIED 8/0


17.06.0 NEXT MEETING

The next Ordinary Meeting of Council will be held on 21 July 2009, at the Ashburton Hall, Ashburton Avenue, Paraburdoo, commencing at 9:00am

18.06.0 CLOSURE OF MEETING

The Shire President declared the meeting closed at 14:48pm