shire of ashburton ordinary council … february...minutes - ordinary meeting of council 13 february...

MINUTES - ORDINARY MEETING OF COUNCIL 13 FEBRUARY 2013

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SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING

MINUTES (Public Document)

Ashburton Hall, Ashburton Avenue,

Paraburdoo

13 February 2013


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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 13 February 2013 at Ashburton Hall, Ashburton Avenue, Paraburdoo commencing at 1:00 pm. The business to be transacted is shown in the Agenda. Frank Ludovico A/CHIEF EXECUTIVE OFFICER 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.


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1. DECLARATION OF OPENING..................................................................................... 5 2. ANNOUNCEMENT OF VISITORS ................................................................................ 5 3. ATTENDANCE ............................................................................................................. 5

3.1 PRESENT ...................................................................................................................................... 5 3.2 APOLOGIES .................................................................................................................................. 5 3.3 APPROVED LEAVE OF ABSENCE .............................................................................................. 5

4. QUESTION TIME ......................................................................................................... 5 4.1 PUBLIC QUESTION TIME ............................................................................................................ 5 4.2 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE .................................. 6

5. APPLICATIONS FOR LEAVE OF ABSENCE ............................................................ 13 6. PETITIONS / DEPUTATIONS / PRESENTATIONS .................................................... 13

6.1 PETITIONS .................................................................................................................................. 13 6.2 DEPUTATIONS ........................................................................................................................... 13 6.3 PRESENTATIONS ...................................................................................................................... 13

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ....................................... 13 7.1 ORDINARY MEETING OF COUNCIL HELD ON 23 JANUARY 2013 ........................................ 13 7.2 SPECIAL MEETING OF COUNCIL HELD ON 7 FEBRUARY 2013 ........................................... 14

8. ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION ........ 14 9. DECLARATION BY MEMBERS ................................................................................. 14

9.1 DECLARATION OF INTEREST .................................................................................................. 14 10. CHIEF EXECUTIVE OFFICER REPORTS ................................................................. 16

10.1 SHIRE OF ASHBURTON TENDER ASSESSMENT CRITERIA POLICY AND AMENDMENT TO DELEGATION DA001 - TENDERS............................................................... 16

10.2 DELEGATE FOR THE WITTENOOM STEERING COMMITTEE ............................................... 19 10.3 NOMINATIONS FOR PILBARA JOINT DEVELOPMENT ASSESSMENT PANELS ................. 22 10.4 POLICY REVIEW - EMP24 CREDIT CARD POLICY ................................................................. 24

11. CORPORATE SERVICES REPORTS ........................................................................ 26 11.1 ADOPTION OF THE SHIRE OF ASHBURTON CEMETERIES LOCAL LAW 2013 .................. 26 11.2 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FOR MONTH OF

DECEMBER 2012 & JANUARY 2013 ......................................................................................... 29 11.3 ADOPTION OF THE SHIRE OF ASHBURTON ACTIVITIES ON THOROUGHFARES

AND PUBLIC PLACES AND TRADING LOCAL LAW 2013 ....................................................... 31 11.1 ADOPTION OF THE SHIRE OF ASHBURTON CEMETERIES LOCAL LAW 2013 .................. 34 11.4 ADOPTION OF THE SHIRE OF ASHBURTON EXTRACTIVE INDUSTRIES LOCAL

LAW 2013 .................................................................................................................................... 37 12. STRATEGIC & ECONOMIC DEVELOPMENT REPORTS ......................................... 40

12.1 LEASE OF PREMISES BY TENDER - LOT 811 ASHBURTON COURT, PARABURDOO ....... 40 12.2 TENDER AWARD - RFT 17/12 DIGITAL TELEVISION UPGRADE ........................................... 43

13. TECHNICAL SERVICES REPORTS .......................................................................... 47 13.1 RESCISSION AND RE-ADOPTION OF DRAFT LANDCORP ANSIA INDUSTRIAL

DEVELOPMENT PLAN AND DRAFT AMENDMENT NO. 17 TO PLANNING SCHEME NO.7 ............................................................................................................................................ 47

13.2 RESCISSION AND RE-ADOPTION OF DRAFT AMENDMENT NO. 20 TO THE SHIRE OF ASHBURTON LOCAL PLANNING SCHEME NO. 7 - INITIATE REZONING OF LOT 50 NAMELESS VALLEY DRIVE, TOM PRICE TO 'SPECIAL USE NO. 3 - STORAGE FACILITY/DEPOT/LAYDOWN AREA'. ........................................................................................ 58

13.3 REQUEST FOR COMMENTS ON PROPOSED RESERVATION AND PRIOR ACCESS TO UNALLOCATED CROWN LAND BEING ASHBURTON LOCATION 72, ONSLOW - SHIRE OF ASHBURTON ............................................................................................................ 66

13.4 RETROSPECTIVE APPLICATION FOR PLANNING APPROVAL - FUEL TANK AND FUEL PUMP/BOWSER, LOT 597 BEADON CREEK ROAD, ONSLOW .................................... 69

13.5 DEVELOPMENT APPLICATION - FINAL STAGE OF MOTEL/RESTAURANT DEVELOPMENT, LOT 447 THIRD AVENUE, ONSLOW. .......................................................... 80

13.6 REQUEST FROM WATERCORP TO ESTABLISH AN EASEMENT FOR THE PURPOSE OF WATER PIPELINE OVER RESERVE 38264 (LOT 85), ONSLOW ROAD, ONSLOW ..................................................................................................................................... 95


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13.7 PLANNING APPLICATION - PROPOSED 8 UNIT MULTIPLE DWELLING AT LOT 1 (No 3) BACKBEACH ROAD, ONSLOW ............................................................................................. 98

14. OPERATIONS REPORTS ........................................................................................ 108 14.1 REQUEST TO UNDERTAKE EMERGENCY EVACUATION BITUMINOUS WORKS AT

ONSLOW AERODROME FOR WHEATSTONE PROJECT ..................................................... 108 14.2 AFFIXING OF THE COMMON SEAL TO CONTRACT RFT 02/12 - PROVISION OF

FACILITIES MANAGEMENT SERVICES ................................................................................. 112 15. COMMUNITY DEVELOPMENT REPORTS .............................................................. 114

15.1 LEASE FOR ONSLOW ENDURO CLUB .................................................................................. 114 16. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF

MEETING ................................................................................................................. 117 17. CONFIDENTIAL REPORTS ..................................................................................... 117

17.1 CONFIDENTIAL ITEM - REQUEST TO AFFIX COMMON SEAL TO CONTRACTS OF EMPLOYMENT AND GRANT APPLICATION .......................................................................... 119

17.2 CONFIDENTIAL ITEM - SHIRE OF ASHBURTON PROBITY AUDIT - UPDATE ON ACTIONS ................................................................................................................................... 121

18. COUNCILLOR AGENDA ITEMS .............................................................................. 123 19. PILBARA REGIONAL COUNCIL REPORT ............................................................. 123 20. NEXT MEETING ....................................................................................................... 123 21. CLOSURE OF MEETING ......................................................................................... 123


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1. DECLARATION OF OPENING Commissioner Ronald Yuryevich declared the meeting open at 1.00pm. 2. ANNOUNCEMENT OF VISITORS

Commissioner Ronald Yuryevich welcomed members of the public to the public gallery.

3. ATTENDANCE 3.1 PRESENT

Mr R Yuryevich Commissioner

Ms A O’Halloran Executive Manager, Strategic & Economic Development

Ms D Wilkes Executive Manager, Community Development Mr R Paull Principal Town Planner Ms K Cortesi CEO & Councillor Support Officer Ms L Rickert Community Liaison Coordinator Mrs L Lind Project Officer – Local Laws Ms M Tovey Relieving Officer

Mr F Ludovico A/Chief Executive Officer Mrs L Hannagan A/Executive Manager, Corporate Services Mr K Pearson A/Executive Manager, Technical Services

Ms A Serer A/Partnership/ Revitalisation Manager 3.2 APOLOGIES Ms F Keneally Executive Manager, Operations Council Decision MOVED: Commissioner R Yuryevich That Council accept apologies from Ms F Keneally, Executive Manager, Operations.

CARRIED 1/0 3.3 APPROVED LEAVE OF ABSENCE

There were no approved Leave of Absence for this meeting. 4. QUESTION TIME 4.1 PUBLIC QUESTION TIME

Dawn McAullay, from Onslow, tabled the following question. Q1. “Could you please advise what and when is something going to

happen regarding the burnt out Shire Offices, Library and Hall in Onslow.


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Although only four weeks have passed since this tragic loss occurred, time is getting on and that question is being asked by many a concerned citizen in Onslow.

In the meantime could the safety barrier in front of the Hall be moved back to at least the footpath so people don’t have to walk right out onto, what at times is a busy road?”

Mercedes Fox, SAFE (Saving Animals From Euthanasia) Coordinator Tom Price,

tabled the following question.

Q2a. “Does the Shire have plans to increase the capacity at the Tom Price Kennels / Pound? during school holiday periods especially xmas its at capacity which leaves little room for stray / impounded dogs and of course for people to book their own dog into kennels whilst they are on holiday. Therefore they have to leave their dog with friends, or in its yard alone, and this can lead to dog escaping and causing problems, and open to the possibility of injury by snakes, and heat problems during the summer months.

Q2b. Also in relation to kennels run by the Shire, the Paraburdoo

kennels/pound does have smaller pens than Tom Price, and the exercise area on the green grass when they are let out of pen to be cleaned is much smaller, there is also no shade over the facility aprt (sic) from a hot tin roof. Is the Shire able to consider a complete overhaul of this facility?

In relation to previous meeting and question 4 asked, just to note

that the wording is not quite correct. : “SAFE Karratha & SAFE Tom Price have concerns for the welfare of an animal when entrusted to the ranger” – meaning –when he says he will take it to SAFE and it doesn’t arrive. Otherwise we have no problem with the ranger/s and the work they do but if they do think an animal will not be suitable to be rehomed and/or they can’t get it to SAFE then its best to tell the concerned resident this up front.”

4.2 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE At the Ordinary Meeting of Council held on 23 January 2013, the following

questions were taken on notice and a written response will be provided. Councillor Peter Foster, suspended Council Member from Tom Price tabled the

following questions. Q1a. “I believe Shire of Ashburton have received feedback from Tom

Price Youth in respect of the woodchips at the Tom Price Skate Park covering the skate ramps. It is believed that this is a danger and a risk to the users of the Skate Park. Can the Shire advise whether they have received complaints about this, and has their been any plan formulated to rectify this? Perhaps Soft fall or similar might be appropriate?”


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Response No formal feedback has been received by the Shire on this matter,

however, a social media discussion about the issue has taken place on Facebook, and the Shire Ranger has received some comments from local young people when she has been talking with them.

When the landscaping of the area was designed, grassing was considered but there were water pressure issues associated with providing reticulation to that area and it was problematic to access with lawnmowers and/or whipper snippers to maintain the area. Mulch was selected as an easy to maintain option, and one that would also “absorb” many of the gum nuts that currently fall from the tress and land in the mulch and also on the ramps. The ramps are currently swept down twice a day to remove the gum nuts and blow them into the surrounding mulch to ensure the ramps are as safe as possible for the skate park users.

No budget was allocated for softfall at the skatepark; the estimated

cost would be in the vicinity of $50,000, and it could be applied for in the 2013 – 2014 budget.

Q1b. “Further to this, the Tom Price Youth have expressed an interest

into the construction of a Graffiti Wall to compliment the Skate Park. The Tom Price Police have also expressed to Shire of Ashburton that they would support such an idea as it would encourage the Youth to graffiti on the wall, and not on other locations scattered throughout Tom Price. Can the Shire advise whether they have commenced any investigation or planning in this area? I believe there is funding grants available via Western Australia Police for this kind of project.”

Response

Councillor Foster raised this issue at the October 2012 Ordinary Meeting of Council, and received the following response;

“Q3c. Can the Shire of Ashburton please consider the installation of a graffiti wall in the newly renovated Tom Price Skate Park Complex? Both parents and youth residents alike have expressed interest to me personally interested in this idea and project. Response The provision and installation of a graffiti wall was not part of the original design for the Tom Price Skate Park, and as such was not part of the original scope or funding. However, the Shire does recognise the value of such a facility and is happy to identify appropriate external funding sources and to apply for funding for a graffiti wall”

Initial work to identify funding sources has commenced, but it needs to be recognised that many organisations only accept applications at set times of the year, that there are limited funding bodies that will accept applications from local governments, and that it can take many months for applications to be assessed and approved.


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Q1c. “In about October 2012, Tom Price Tidy Town Committee asked

previous CEO Jeff Breen for a tour of Tom Price Tip Site to better understand the rubbish being discarded in Tom Price with a view to help campaign and target waste minimisation locally. The committee received formal advise that this would be okay and that Fiona Kenneally and Margaret Rowe would be liaising with the committee to arrange the visit. To date this not has occurred. Can Shire please advise when the Tidy Town Committee can expect this tour of the Tom Price Tip Site?”

Response The Tidy Town Committee can expect to be contacted by Margaret

Rowe, Waste Coordinator prior to the end of February 2013 to arrange an inspection.

Q1d. “In about November 2012, It was raised at a Shire of Ashburton

Council Meeting concerns that various community groups had in respect of the Clem Thompson Oval redevelopment. In particular groups were concerned as to what the plans actually looked like, and whether construction was continuing on time so that their festivals and sporting events could occur on time in 2013. To date no plans have appeared on the Shire’s website, no timelines have been published, nor have any progress reports. Can Shire advise why this has not occurred and when can residents expect this to be posted on the Shire of Ashburton website?”

Response

In October 2012, Councillor Foster raised the following concerns during Public Question Time in the Ordinary Meeting of Council, which were responded to as shown below.

“Q5b. With the redevelopment of the Clem Thompson Oval imminent, what measures have been put in place to accommodate the sporting groups? Response Liaison with the various sporting groups has been happening at an informal level for many months, but a formal meeting was held on 28 August 2012. About 25 people representing all the sporting groups using the Clem Thompson oval attended that meeting. As a result of the meeting, most of the sporting groups made decisions around changing their playing/training times for the upcoming season to enable them to relocate to Area W and play during the day. The Shire has assisted the groups by offering free usage of other playing areas while the redevelopment is taking place.

Q5c. Has the Shire investigated the costs of setting up temporary lighting to accommodate Friday night & Saturday night games? Can funding be sourced in your opinion for these lights? Response The option of temporary lighting was explored with the sporting groups at the 28 August 2012 meeting, but because there was a


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possibility that rechanneling funds for the project into lighting might affect the overall funding available for the redevelopment, the groups decided that temporary lighting was not a priority. Various funding options have been explored, but because the lighting would only be temporary it falls outside the funding guidelines of organisations such as the Department of Sport and Recreation. It has previously been suggested that one of the resource companies might be able to donate light towers, however the running costs (primarily the cost of diesel to power the generators required to run the lights) would be in the vicinity of $80,000, and that money has not been budgeted for, and is not likely to be easily funding from external funding sources.”

At the meeting held on 28 August 2012, plans for the Pavilion and Oval redevelopment were made available for all present to view and to take and distribute after the meeting. These plans were also distributed at various meetings and venues (eg Nameless Festival in 2011) held in 2010, 2011 and early 2012. On 29 January 2013 a meeting was held to update all user groups and stakeholders on the progress and timelines, with further meetings scheduled every month until completion of the project. The outcomes from the 29 January 2013 meeting, together with the building plans will be available on the website by mid-February 2013.

Q1e. “In about October 2012, and again in November 2012, it was

raised at Shire of Ashburton Council Meeting concerns about the delays in the purchase and installation of CCTV in Tom Price Mall. Since this time there have been various graffiti and damage incidents concerning infrastructure and business in the Tom Price Mall. Can Shire please advise what the delay is, and when business and residents can expect these CCTV to be installed? I note this was a budgetary item passed by Council in the 2012/2013 budget.”

Response

In September 2012, Councillor Fernandez raised the following question

“Q1a. On behalf of the Post Office Manager and staff. Two windows have been vandalised just in the Post Office and not sure how many in other shops at the Tom Price Shopping Centre. Therefore we ask, when is Shire going to set up the video cameras that are already approved and funded? Give us a priority and tell us when??? Response $75,000 was allocated to CCTV cameras in the 2012 -2013 budget, with $50,000 of that being identified for a feasibility study to outline the “hot spots” in both Paraburdoo and Tom Price. A further $25,000 was allocated for the installation of cameras once those hot spots had been identified. In line with Local Government and


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Shire policies and procedures, quotes will need to be obtained prior to the feasibility study being undertaken, and the study will then take a period of time to research, write and provide recommendations, so it is unlikely that the cameras will be installed before mid-2013.”

Although there was an error in the response dated October 2012, and the correct response should have read $25,000 for a Feasibility Study and $50,000 for the installation of cameras in identified hot spots, the response remains accurate. A Feasibility Study is seen as critical, especially given that the Shire’s experience of the installation, and ongoing use, of CCTV in Onslow is that the desired results of crime prevention, and even apprehension after the event, are problematic at best. A feasibility study will enable a decision to be made on whether CCTV is, in fact, the best option, or whether newer security technologies may produce better results.

It should be also be noted that any security installations undertaken by the Shire will be for the purpose of monitoring Shire assets and public spaces; the security and surveillance of the privately owned and privately rented business in the Tom Price Mall remains the responsibility of the business owner/operator.

Q1f. “Has the Shire of Ashburton considered a more active approach

to Social Media? Given that most Shires and Cities in Western Australia now use Facebook and Twitter as active means to promote messages across their districts, wouldn’t there be some real benefit to the Shire of Ashburton doing the same? Most Australians use a form of social media now to communicate with friends and family. The Shire could communicate community events such as Australia Day and ANZAC Day more effectively over the medium, as well as announcing Council Meetings and getting more community involvement in the governance process.”

Response

The Shire of Ashburton has considered engaging in social media and had, some time ago started a Facebook page, however this has been inactive as guidelines had not been developed to manage it properly.

Whilst Social media is not a local government service requirement, it can help a local government build a stronger social connection to the community it represents and can be used as a communication tool. Therefore an Integrated Social Media Plan is currently being developed and the Shire of Ashburton is expected to reactivate its Facebook page with proper management and monitoring by June 2013.

Q1g. “Has the Shire of Ashburton considered changing the CAR

system (Customer Action Request) system from a form that is required to be faxed or emailed to the Shire to a web-based system where a resident can fill in the boxes and submit their query to the Shire electronically? Not all residents have access to


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fax or printer to complete the CAR form, and with more and more residents accessing the internet via a smart phone a web-based solution would be easier to access to more residents.”

Response

The Shire of Ashburton is already covering all communication bases for Customer Action Requests which can be made in the following way: 1. Telephone the Shire; 2. Email the Shire; 3. Print Form and Fax/Email the Shire; 4. Attend the Shire in person. So there is currently no need for residents to have a printer or a fax and a variety of easy ways for residents to contact the Shire. Consideration will be given to providing a smart CAR form which can be completed online in the future, but this project will most like form a broader approach to see a full suite of online features such as online bookings for venues, Dog Registrations etc. There is currently no budget allocation for any major changes to the current CAR methodology or upgrades to the Shire’s online services and the recent Community Survey (conducted in October 2012) did not see any of our communities raise this as an area of concern.

Q1h. “When will the Shire of Ashburton replace the sand in ALL of its’

parks with softball(sic)? I note that money was budgeted in the 2012/2013 financial year for this project. As early as 7th January Shire Staff were force to clean several broken stubby bottles out of the sand at Lion’s Park. Whilst it isn’t the Shire’s fault the glass was broken, the glass was scattered throughout the sand, and is a danger to adults and children alike.”

Response

Both the Lions Park and Tom Price and the Onslow Playgrounds have money allocated in the 2012 -2013 budget for the installation of softfall. Tender documents for this installation are currently being developed, with an anticipated installation before the end of the financial year.

Q1i. “Can the Shire of Ashburton state where the Street Lighting

situation is at with Onslow, Tom Price and Paraburdoo? Questions have been asked as Shire Meetings previously with the responses given that an audit had been undertaken. No results have been tabled to date with the results of this audit. Residents are sick of being ‘left in the dark’ over this issue.”

Response

The Tom Price and Paraburdoo Normalisation Agreements (cira 1980s) resulted in street lighting assets in the two towns being owned by Rio Tinto, while the Shire was assigned maintenance and operational responsibilities.


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This agreement has not proved to be practical and therefore there are ongoing discussions taking place between the Company and the Shire, in an attempt to reach a more appropriate distribution of responsibilities and assets.

While discussions are taking place with Rio Tinto, the Shire is reviewing existing lighting inventories with the objective of identifying priorities in relation to upgrading lighting in the two towns. Onslow street lighting is planned by PUPP(Pilbara Underground Power Project) out to community before 2013. We have installed street lighting in Onslow at McGrath Avenue valued at over $145,000

Q1j. “Can the Shire of Ashburton consider being more pro-activ with

Road Conditions and Emergency conditions reports? Many residents have expressed a view that this information should be made available via the Shire of Ashburton website and social media. Residents are concerned, especially in the summer months with Bushfires and Cyclones, and would like to know which roads / areas to be avoided, and emergency procedures such as evacuation points and safe houses. Can this Information please be posted on the Shire of Ashburton website and social media?”

Response

The Shire is already pro-active with Road Condition reports. The Shires website homepage has a front page link to the Shire’s Road Condition Report and that page also has a direct link to the Department of Main Roads. The Shire can only “re broadcast” reports from the front line agencies such as Department of Main Roads, Bureau of Meteorology and DFES (Department of Fire and Emergency Services). Re publishing this is seen as being a waste of time – if people are looking online for information they would direct their search to the appropriate agency. Resident’s in Onslow would not look at the Shire’s website if a Cyclone was imminent, they would of course look at the Bureau of Meterology site. The same applies to Fires. The Department of Fire and Emergency Services website has a “Current Warnings” link on it’s home page. Computers and websites are of little use when there is no power supply, which is often the case in a Cyclone or Fire. Residents are encouraged to have batteries as the National Broadcaster (ABC) provides information from all the front line emergency agencies and it is not the Shire’s role to interfere.


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5. APPLICATIONS FOR LEAVE OF ABSENCE There were no applications for Leave of Absence for this meeting. 6. PETITIONS / DEPUTATIONS / PRESENTATIONS 6.1 PETITIONS There were no petitions presented to Council for this meeting. 6.2 DEPUTATIONS There were no deputations presented to Council for this meeting. 6.3 PRESENTATIONS There were no Presentations presented to Council for this meeting. 7. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 7.1 ORDINARY MEETING OF COUNCIL HELD ON 23 JANUARY 2013

Council Decision MOVED: Commissioner R Yuryevich That the Minutes of the Ordinary Meeting of Council held on 23 January 2013, as previously circulated on 30 January 2013, be confirmed as a true and accurate record, subject to the following amendment: In Agenda Item 13.10 (Minute: 11415) - Draft 'Local Planning Policy - Mooring of 'Boatel's At Beadon Creek and in waters off Onslow, Point 3 of the Resolution, the word “not” be inserted between ‘decision’ and ‘to adopt’. Point 3 of the resolution should now read as follows: “3. Request the Chief Executive Officer to notify submitters of Council’s

decision not to adopt the ‘Local Planning Policy – Mooring of ‘Boatel’s at Beadon Creek and waters off Onslow.”

CARRIED 1/0


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7.2 SPECIAL MEETING OF COUNCIL HELD ON 7 FEBRUARY 2013

Council Decision MOVED: Commissioner R Yuryevich That the Minutes of the Special Meeting of Council held on 7 February 2013, as previously circulated on 8 February 2013, be confirmed as a true and accurate record, subject to the following amendment: In Agenda Item 6.1 (Minute: 4) - 'Tender Award - RFT 16/12 Supply and Delivery of Road and Runway Materials for Aerodrome and Associated Works’, Point 1 of the Resolution, the amount ‘$3,570,00’ be replaced with ‘$3,570,000’. Point 1 of the resolution should now read as follows: “1. Award tender RFT 16/12 for the Supply and Delivery of Road and Runway

Making Materials for Onslow Aerodrome and Associated Works to WA Limestone to the value not exceeding $3,570,000 (Ex GST).”

CARRIED 1/0 8. ANNOUNCEMENTS BY THE PRESIDING PERSON

WITHOUT DISCUSSION 9. DECLARATION BY MEMBERS

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

9.1 DECLARATION OF INTEREST Councillors to Note A member who has a Financial Interest in any matter to be discussed at a Council or Committee Meeting, that will be attended by the member, must disclose the nature of the interest:

(a) In a written notice given to the Chief Executive Officer before the Meeting

or;

(b) At the Meeting, immediately before the matter is discussed.

A member, who makes a disclosure in respect to an interest, must not:

(c) Preside at the part of the Meeting, relating to the matter or;

(d) Participate in, or be present during any discussion or decision-making procedure relative to the matter, unless to the extent that the disclosing member is allowed to do so under Section 5.68 or Section 5.69 of the Local Government Act 1995.


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NOTES ON FINANCIAL INTEREST (FOR YOUR GUIDANCE) The following notes are a basic guide for Councillors when they are considering whether they have a Financial Interest in a matter.

I intend to include these notes in each agenda for the time being so that Councillors may refresh their memory.

1. A Financial Interest requiring disclosure occurs when a Council decision might advantageously or detrimentally affect the Councillor or a person closely associated with the Councillor and is capable of being measure in money terms. There are exceptions in the Local Government Act 1995 but they should not be relied on without advice, unless the situation is very clear.

2. If a Councillor is a member of an Association (which is a Body Corporate) with not less than 10 members i.e. sporting, social, religious etc), and the Councillor is not a holder of office of profit or a guarantor, and has not leased land to or from the club, i.e., if the Councillor is an ordinary member of the Association, the Councillor has a common and not a financial interest in any matter to that Association.

3. If an interest is shared in common with a significant number of electors or ratepayers, then the obligation to disclose that interest does not arise. Each case needs to be considered.

4. If in doubt declare.

5. As stated in (b) above, if written notice disclosing the interest has not been given to the Chief Executive Officer before the meeting, then it MUST be given when the matter arises in the Agenda, and immediately before the matter is discussed.

6. Ordinarily the disclosing Councillor must leave the meeting room before discussion commences. The only exceptions are:

6.1 Where the Councillor discloses the extent of the interest, and Council carries a motion under s.5.68(1)(b)(ii) or the Local Government Act; or

6.2 Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act, with or without conditions.


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10. CHIEF EXECUTIVE OFFICER REPORTS

10.1 SHIRE OF ASHBURTON TENDER ASSESSMENT CRITERIA POLICY AND AMENDMENT TO DELEGATION DA001 - TENDERS

MINUTE: 11425 FILE REFERENCE: OR.CM.01.00 AUTHOR’S NAME AND POSITION:

Frank Ludovico A/Chief Executive Officer

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 2 February 2013 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in the proposal.

PREVIOUS MEETING REFERENCE:

Not Applicable

Summary The Shire of Ashburton Probity Audit 2012 highlighted a number of issues in respect to Council's purchasing and tendering policies. These matters are currently being reviewed. One factor that arose during the Probity Audit process is the requirement for a local government to determine assessment criteria for each of its tenders before it is advertised as required by the Regulation 14(2a) Local Government (Functions and General) Regulations 1996. It is proposed to address this matter separately so that tenders can be issued without the Council establishing individual selection criteria for each tender. The purpose of this agenda items in is to establish a policy for the assessment criteria of Shire of Ashburton tenders and to alter the CEO's delegations to reflect the new policy. Background The Shire of Ashburton Probity Audit 2012 highlighted a number of issues in respect to Council's purchasing and tendering policies. These matters are currently being reviewed. One factor that arose during the Probity Audit process is the requirement for a local government to determine assessment criteria for each of its tenders before it is advertised as required by the Regulation 14(2a) Local Government (Functions and General) Regulations 1996.


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Comment Since the Shire of Ashburton Probity Audit 2012 several agenda items have been presented to Council for the sole purpose of establishing assessment criteria for the evaluation of tenders. This administrative procedure is both time consuming and inefficient, lengthening the tender process by several weeks. Currently the Shire has a number of projects that require the timely provision of goods and services so they can be completed on time. Staff have reviewed the types of tenders issued or required over the last two years and have determined these fit into three broad categories: Plant - generally vehicles, machinery, small and large plant. Services - provision of materials, services, consultancy advice etc. Infrastructure - construction, upgrading and upkeep of buildings, roads and ports waste, facilities, community facilities, real estate, property, etc. For each category assessment criteria have been developed to cater for that particular category. Staff consider that almost 90% of all tenders will fit within these three categories. Any tenders that do not do so will be to be referred to Council so assessment criteria can be established.

ATTACHMENT 10.1A The second part of this process is to amend Council delegation DA001 – Tenders. It is proposed that separate limits be delegated to the Chief Executive Officer for each of the categories contain in the tender assessment criteria policy.

ATTACHMENT 10.1B In particular the advent of WALGA Council Purchasing Service has meant that plant and motor vehicles purchases can be supplied through that Service or through the State Government tender processes without the requirement for advertising (Regulations 11(2)(b) and 11(2)(e) Local Government (Functions and General) Regulations 1996. This means these items can been purchased without the administrative overhead of advertising tenders, and is well established and used by many other local governments. It should be noted that even though there is no requirement to advertise, any plant or motor vehicles purchases still need to be evaluated using Council’s assessment criteria. It is proposed that the Council Delegation DA 001 – Tenders allow the Chief Executive Officer to purchase plant and motor vehicles up value of $300,000 per item provided funding has been made available in Council's budget. This will enable items such as graders and rollers and motor vehicles to simply be replaced when required. Plant tenders over this threshold will require Council to determine the successful tenderer. It is not proposed to alter the existing limit of $250,000 for the other categories ie Services and Infrastructure at this stage.


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Consultation Department of Local Government A/Chief Executive Officer A/Executive Manager - Technical Services Executive Manager - Operations Consulting Engineer Statutory Environment Section 3.57 of the Local Government Act 1995 and the associated Local Government (Functions and General) Regulations 1996 are applicable. They determine the processes and obligations for the procurement of goods and services for local governments. Financial Implications The development of the Shire of Ashburton Tender Assessment Criteria Policy and the revision of Delegation DA001 – Tenders will mean that the development of individual agenda items for individual tenders will no longer be needed. This will save the time and cost of preparing these agenda items. The delegation clearly states that unless funding has been provided in the budget the Chief Executive Officer will be unable to exercise that delegation. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Strategic Community Plan Goal 5 – Inspiring Governance Objective 04 – Exemplary Team and Work Environment. Policy Implications Nil Voting Requirement Absolute Majority Required Council Decision MOVED: Commissioner R Yuryevich That Council:

1. Adopt “The Shire of Ashburton Tender Assessment Criteria Policy” as per ATTACHMENT 10.1A.

2. Delegate to the Chief Executive Officer, Delegation DA001- Tenders as per

ATTACHMENT 10.1B with the removal of Information Bulletin in the Method of recording use of Delegation section.

CARRIED BY ABSOLUTE MAJORITY 1/0 REASON FOR CHANGE OF RECOMENDATION: The Commissioner wished all uses of this delegation reported to Council via the Council Agenda.


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10.2 DELEGATE FOR THE WITTENOOM STEERING COMMITTEE

MINUTE: 11426 FILE REFERENCE: AS.WI.002.00 AUTHOR’S NAME AND POSITION:



Department of Regional Development and Lands




Nil

Summary The Department of Regional Development and Lands (RDL) has written to Council indicating that it wishes to reconvene the Wittenoom Steering Committee. This committee was first established in 2002 and at that time the Shire of Ashburton was only provided with observer status, this request from the Department asked the Shire to nominate a delegate to the Committee. Background RDL has written to Council indicating that it wishes to reconvene the Wittenoom Steering Committee. This committee was first established in 2002 in order to coordinate an across government approach to the asbestos issues in Wittenoom. At that time the Shire of Ashburton was only provided with observer status, this request from the Department asked the Shire to nominate a delegate to the Committee. “Through reconvening the steering committee RTL aims to achieve the following major outcomes: Redrafting of the previous be withdrawn Cabinet submission to encapsulate the following items: the "phasedown" of the town – providing an update on negotiations with residents and land owners, Proposal for amending the current legislation to enable compulsory acquisition of any remaining freehold land, Strategies to minimise the asbestos exposure risk to aboriginal people who access the Wittenoom area from traditional and cultural purposes, Demolition of existing premises, buildings and removal of the mining equipment and other "ghost town" relics and artifacts that provide attraction for tourists and, Providing an update on the development of strategies/approach for the


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remediating/managing asbestos impacted areas Participate and contribute to the decision making processes required as part of the current engineering study for the remediation/management of the three highest risk sites in Wittenoom area including Wittenoom Mine, Eastern Gorge, Colonial Mine, Mill and Tailings, and the Wittenoom Gorge Reviving the options for the re-routing the main road into Wittenoom so that it bypass the townsite and avoids potentially contaminated areas.” The following agencies have been invited to participate in the Wittenoom steering committee: Department of Regional Development And Lands Department of Environment And Conservation – Contaminated Sites Branch Department of Health – Human Health Branch And Aboriginal Health Division Department of Indigenous Affairs State Solicitor’s Office Department of Mines and Petroleum LandCorp and Shire of Ashburton

Comment The Shire of Ashburton’s previous Chief Executive Officer and Acting Executive Manager - Technical Services, Mr Keith Pearson attended this committee in the past. It is appropriate that the Shire of Ashburton is represented on this committee so that is aware of the future of the Wittenoom townsite. It is recommended that Mr Keith Pearson represent the Shire on this committee due to his past experience and his detailed knowledge of Wittenoom litigation issues. Consultation Commissioner Ronald Yuryevich A/Chief Executive Officer A/Executive Manager - Technical Services Statutory Environment There are no statutory issues in this matter as it is a request for a member to a State Government Committee. Financial Implications Additional expenditure will occur in order to attend meetings of this Committee. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Strategic Community Plan Goal 4 – Distinctive and Well Serviced Places Objective 02 – accessible and Safe Towns. Policy Implications Council Policy EMP02 –Prohibited Areas – Wittenoom and Yampire Gorge is relative to this issue.


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Voting Requirement Simple Majority Required Council Decision MOVED: Commissioner R Yuryevich That Council nominate Mr Keith Pearson A/Executive Manager - Technical Services as its representative and Mr Frank Ludovico A/Chief Executive Officer as his deputy to the Wittenoom Steering Committee. CARRIED 1/0


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10.3 NOMINATIONS FOR PILBARA JOINT DEVELOPMENT ASSESSMENT PANELS

MINUTE: 11427 FILE REFERENCE: PS.SP.01.01 AUTHOR’S NAME AND POSITION:



Department of Planning


The author has no financial interest in this matter.


Item 13.10.61 Ordinary Meeting of Council 27 October 2009 Item 13.04.24 Ordinary Meeting of Council 20 April 2011 Item 13.05.27 Ordinary Meeting of Council 18 May 2011 Item 10.2 Minute:11043 Ordinary Meeting of Council 19 October 2011 Item 7.1 Ordinary Meeting of Council 16 November 2011

Summary At the Council’s October 2011 meeting (and corrected at its November 2011 meeting) the following Councillors were nominated to the Pilbara Joint Development Assessment Panels (PJDAP) for the Shire of Ashburton: Delegate: Crs White and Dias (expiring 26 April 2013), Deputies: Cr Foster and Cr Wright (expiring 26 April 2013) The Department of planning has written to Council seeking nominations for members for the PJDAP expiring on 26 of April 2015. The purpose of this item is to determine the Shire Ashburton delegates and deputies for the PJDAP. Background Pilbara Joint Development Assessment Panels (PJDAP) have been introduced by the State Government as part of a raft of amendments to legislation governing the planning system which in essence seek to improve its performance and outcomes. At the Council’s October 2011 meeting (and corrected at its November 2011 meeting) the following Councillors were nominated to the Development Assessment Panels (PJDAP) for the Shire of Ashburton:


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Delegate: Crs White and Dias (expiring 26 April 2013), Deputies: Cr Foster and Cr Wright (expiring 26 April 2013)

Staff believe all Councillors except Cr Foster have undertaken the necessary training to represent Council on the PJDAP.

The suspension of the Councillors at the Shire of Ashburton produces an interesting dilemma. The Shire needs representation at PJDAPs in order to progress planning application and so the Commissioner must be nominated. However Councillors until they return to their duties cannot act as councillors so cannot be nominated. In order to address this situation it is proposed to seek Council nominations once Council is re-instated. Statutory Environment Regulation 26 of the Planning and Development (Development Assessment Panels) Regulations 2011 Council is able to nominate two members and two alternate members to see on the local DAP. The Department of Planning (DoP) has also advised that if, within the 2 year term, a local PJDAP member is not re-elected to Council, they cannot hold the position of local DAP member. Local government elections may result in a change to local DAP membership if current councillors, who are PJDAP members, are not re-elected. In this instance, the deputy local DAP members will take the place of the former local DAP members. If both local and alternate (deputy) local members are not re-elected, the local government will need to renominate and the Minister to reappoint. Policy Implications There are no policy implications relative to this issue. Financial Implications Nil Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Strategic Community Plan Goal 5 – Inspiring Governance Objective 03 – Council Leadership. Voting Requirement Simple Majority Required Council Decision MOVED: Commissioner R Yuryevich That Council nominate Commissioner Ronald Yuryevich as its delegate to the Pilbara Joint Development Assessment Panels. CARRIED 1/0


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10.4 POLICY REVIEW - EMP24 CREDIT CARD POLICY MINUTE: 11428 FILE REFERENCE: OR.CM.01.00 AUTHOR’S NAME AND POSITION:

Felicia Mudge Manager Organisational Development


Not Applicable


The author is named as a Corporate Credit card holder.


Ordinary Meeting of Council 23 January 2013 Agenda Item 10.2

Summary The 2012 Probity Compliance Audit, Recommendation 2 proposed that Council policy EMP 24 be reviewed, to ensure that the policy considers all of the matters suggested in Local Government guideline 11 – Corporate Credit Cards. The Probity Audit also suggested that Council determine how to deal with credit card reward schemes. At Council meeting in January 2013 the Commissioner resolved that the matter of EMP 24 Corporate Credit Card policy be further reviewed and brought back to February’s meeting. This policy is now presented to Council for adoption. Background The 2012 Probity Compliance Audit, Recommendation 2 proposed that Council policy EMP 24 be reviewed, to ensure that the policy considers all of the matters suggested in Local Government Guideline 11 – Corporate Credit Cards. The Probity Audit also suggested that Council determine how to deal with credit card reward schemes. This policy is now presented to Council for adoption.

ATTACHMENT 10.4 Comment Two significant changes were made to the policy based on Local Government Guideline 11. When the Corporate Credit Cards issued by the financial institution include reward schemes, these will be accumulated in the name of the Shire of Ashburton. The Chief Executive Officer, at his discretion, will decide how these rewards are utilised and could include offering


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these to charitable institutions, or sporting clubs. Under no circumstances is the reward scheme to be used for a Staff/Councillors private benefit. Specific instructions were also added to the policy to outline the process for use and destruction of cards. The corporate credit cardholder agreement which outlines cardholder responsibilities has been amended to reflect more stringent processes. Consultation Department of Local Government A/Chief Executive Officer A/Executive Manger – Corporate Services Statutory Environment Section 2.7 of the Local Government Act 1995 (LGA) indicates the Role of Council is to Oversee the allocation of the local government’s finances and resources; and determine the local government’s policies. Section 6.5 LGA states in respect to Accounts and records The CEO has a duty – To ensure that there are kept, in accordance with regulations, proper accounts and records of the transaction and affairs of the local government. Regulation 11 of Local Government (Financial Management) Regulation 1996 indicates, a local government is to develop procedures for the authorisation of, and the payment of, accounts to ensure that there is effective security for, and properly authorised use of cheques, credit cards, computer encryption devices and passwords, purchasing cards and any other devices or methods by which goods, services, money or other benefits may be obtained; Financial Implications Nil Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Strategic Community Plan Goal 5 – Inspiring Governance Objective 04 – Exemplary Team and Work Environment. Policy Implications Nil Voting Requirement Simple Majority Required Council Decision MOVED: Commissioner R Yuryevich That Council adopt the reviewed policy EMP24 Corporate Credit Cards as per ATTACHMENT 10.4. CARRIED 1/0


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11. CORPORATE SERVICES REPORTS

11.1 ADOPTION OF THE SHIRE OF ASHBURTON CEMETERIES LOCAL LAW 2013

MINUTE: 11429 FILE REFERENCE: LE.LL.04.00 AUTHOR’S NAME AND POSITION:

Leanne Lind Project Officer (Local Laws)


Not Applicable




Agenda Item 12.02.08 Ordinary Meeting of Council 17 February 2010 Agenda Item 11.1 Ordinary Meeting of Council 18 July 2012 Minutes Number 11229 Agenda Item 11.1 Ordinary Meeting of Council 15 August 2012 Minutes Number 11225

Summary The purpose of this report is to:

1. Consider the submissions received on the proposed Shire of Ashburton Cemeteries Local Law 2013;

2. Give notice to the purpose and effect of the Shire of Ashburton Cemeteries Local Law 2013;

3. Make the Shire of Ashburton Cemeteries Local Law 2013;

4. Authorise the local law’s gazettal in the Government Gazette;

5. Give public notice, (after gazettal), of the date of the Shire of Ashburton Cemeteries Local Law 2013;

6. Authorise the affixing of the Common Seal to this local law. Background At the Council meeting on 17 February 2010 Council resolved to undertake a review of its existing Local Laws. This local law was Gazetted on 17 July 1998 with the primary objective of providing rules and guidelines for control and management of Cemeteries within the Shire.

ATTACHMENT 11.1A


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Comment The Minister for Local Government has carriage of the Cemeteries Act and recently engaged the Department of Local Government in a review of the Cemeteries Local Law. The review led to changes of a technical drafting and content nature, and this proposed Local Law is presented to Council for adoption. Purpose: To provide for the orderly management of the Cemeteries in Onslow (Reserve

No. 20632) and Tom Price (Reserve No. 43087) which includes new facilities such a niche wall and to create offences for inappropriate behaviour within the cemetery grounds.

Effect: To ensure compliance by all persons engaged in the administration of the cemetery, burying deceased in the cemetery, or otherwise providing services to or making use of the cemetery.

ATTACHMENT 11.1B Consultation Public consultation was undertaken as part of the advertising process required by section 3.12(3). The review was advertised on 23 October 2012 with a closing date for submissions of 6 December 2012. No public submissions were received. The Department of Local Government, Legislation Section, provided comments on the proposed local law and these recommendations have been included in the local law and are attached for reference.

ATTACHMENT 11.1C A/Executive Manager - Corporate Services Manager Governance, WALGA – The Cemeteries Local Law is predominantly based on the WALGA Model. DL Consulting Statutory Environment Cemeteries Act 1986 Local Government Act 1995, Section 3.12 Financial Implications Nil Strategic Implications Shire of Ashburton 10 year Community Strategic Plan Goal 5 Inspiring Governance Objective 3 Council Leadership. Policy Implications Nil Voting Requirement Absolute Majority Required


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Council Decision MOVED: Commissioner R Yuryevich That Council:

1. Adopt the Shire of Ashburton Cemeteries Local Law 2013 as per ATTACHMENT 11.1B in accordance with the provisions of the Local Government Act.

2. Authorise the local law’s gazettal in the Government Gazette. 3. Authorise the public notice advertisement, (after gazettal), of the date of the

Shire of Ashburton Cemeteries Local Law 2013. 4. Authorise the affixing of the Common Seal to this local law

CARRIED BY ABSOLUTE MAJORITY 1/0 NOTE: An amendment to point 4 of the Resolution of Agenda Item “11.1 Adoption Of The Shire Of Ashburton Cemeteries Local Law 2013”was made following Agenda Item “11.3 Adoption of the Shire of Ashburton Activities on Thoroughfares and Public Places and Trading Local Law 2013.”


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11.2 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FOR MONTH OF DECEMBER 2012 & JANUARY 2013

MINUTE: 11430 FILE REFERENCE: FI.RE.00.00 AUTHOR’S NAME AND POSITION:

Andy Grant Senior Finance Officer


Not Applicable




Not Applicable

Summary In accordance with Regulation 34 of the Local Government (Financial Management) Regulations, the Shire is to prepare a monthly Statement of Financial Activity for consideration by Council. Background Regulation 34 of the Local Government (Financial Management) Regulations requires the Shire to prepare a monthly statement of Financial Activity for consideration by Council. Comment This report presents a summary of the financial activity for the following month: November 2012

• Statements of Financial Activity and associated statements for the Month of November 2012.

ATTACHMENT 11.2A

December 2012

• Schedule of Accounts and Credit Cards paid under delegated authority for the Month of December 2012.

ATTACHMENT 11.2B

Consultation Executive Manager - Corporate Service Other Executive Managers Finance Manager Finance Officers Consultant Accountant


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Statutory Environment Section 6.4 Local Government Act 1995, Part 6 – Financial Management, and regulation 34 Local Government (Financial Management) Regulation 1996. Financial Implications Financial implications and performance to budget are reported to Council on a monthly basis. Strategic Implications Shire of Ashburton 10 year Community Strategic Plan Goal 5 Inspiring Governance Objective 4 Exemplary Team and Work Environment. Policy Implications Nil Voting Requirement Simple Majority Required Council Decision MOVED: Commissioner R Yuryevich That Council receives the Financial Reports for November 2012 and Schedule of Accounts and Credit Cards paid in December 2012. CARRIED 1/0


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11.3 ADOPTION OF THE SHIRE OF ASHBURTON ACTIVITIES ON THOROUGHFARES AND PUBLIC PLACES AND TRADING LOCAL LAW 2013




Not Applicable




Agenda Item 12.02.08 Ordinary Meeting of Council 17 February 2010 Agenda Item 11.1 Ordinary Meeting of Council 18 July 2012 Minutes Number 11229 Agenda Item 11.3 Ordinary Meeting of Council 19 September 2012 Minutes Number 11297


1. Consider the submissions received on the proposed Shire of Ashburton Activities on Thoroughfares and Public Places and Trading Local Law 2013;

2. Give notice to the purpose and effect of the Shire of Ashburton Activities on Thoroughfares and Public Places and Trading Local Law 2013;

3. Make the Shire of Ashburton Activities on Thoroughfares and Public Places and Trading Local Law 2013;


5. Give public notice, (after gazettal), of the date of the Shire of Ashburton Activities on Thoroughfares and Public Places and Trading Local Law 2013;

6. Authorise the affixing of the Common Seal to this local law. Background At the Council meeting on 17 February 2010 Council resolved to undertake a review of its existing Local Laws. This local law was Gazetted on 10 March 1998 with the primary objective of providing rules and guidelines for control and management of Activities on Thoroughfares and Public Places and Trading within the Shire.

ATTACHMENT 11.3A


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Comment The proposed local law is to meets the needs of the users of thoroughfares and public places and current legislation. Purpose: This Local Law is to consolidate various local laws relating to activities in

thoroughfares and public places and trading. Effect: This Local Law is to regulate activities on thoroughfares, and trading in

thoroughfares and public places; and ensure that all persons wishing to conduct an activity on a thoroughfare or trade in a thoroughfare or public place comply with the provisions of the local law.


ATTACHMENT 11.3C Building and Environmental Health Coordinator Principal Environment Health Officer Senior Ranger/Supervisor Emergency Services Executive Manager Community Development Manager Governance, WALGA DL Consulting Statutory Environment Local Government Act 1995, Section 3.12 Financial Implications Nil Strategic Implications Shire of Ashburton 10 year Community Strategic Plan Goal 5 Inspiring Governance Objective 3 Council Leadership. Policy Implications Nil Voting Requirement Absolute Majority Required


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1. Adopt the Shire of Ashburton Activities on Thoroughfares and Public Places and Trading Local Law 2013 as per ATTACHMENT 11.3B in accordance with the provisions of the Local Government Act.


Shire of Ashburton Activities on Thoroughfares and Public Places and Trading Local Law 2013.

4. Authorise the Commissioner and the A/Chief Executive Officer to affix the Shires Common Seal to the Shire of Ashburton Activities on thoroughfares and public places and trading Local Law 2013.

CARRIED BY ABSOLUTE MAJORITY 1/0


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11.1 ADOPTION OF THE SHIRE OF ASHBURTON CEMETERIES LOCAL LAW 2013




Not Applicable




Agenda Item 12.02.08 Ordinary Meeting of Council 17 February 2010 Agenda Item 11.1 Ordinary Meeting of Council 18 July 2012 Minutes Number 11229 Agenda Item 11.1 Ordinary Meeting of Council 15 August 2012 Minutes Number 11225


1. Consider the submissions received on the proposed Shire of Ashburton Cemeteries Local Law 2013;

2. Give notice to the purpose and effect of the Shire of Ashburton Cemeteries Local Law 2013;

3. Make the Shire of Ashburton Cemeteries Local Law 2013;


5. Give public notice, (after gazettal), of the date of the Shire of Ashburton Cemeteries Local Law 2013;

6. Authorise the affixing of the Common Seal to this local law. Background At the Council meeting on 17 February 2010 Council resolved to undertake a review of its existing Local Laws. This local law was Gazetted on 17 July 1998 with the primary objective of providing rules and guidelines for control and management of Cemeteries within the Shire.

ATTACHMENT 11.1A


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Comment The Minister for Local Government has carriage of the Cemeteries Act and recently engaged the Department of Local Government in a review of the Cemeteries Local Law. The review led to changes of a technical drafting and content nature, and this proposed Local Law is presented to Council for adoption. Purpose: To provide for the orderly management of the Cemeteries in Onslow (Reserve

No. 20632) and Tom Price (Reserve No. 43087) which includes new facilities such a niche wall and to create offences for inappropriate behaviour within the cemetery grounds.

Effect: To ensure compliance by all persons engaged in the administration of the cemetery, burying deceased in the cemetery, or otherwise providing services to or making use of the cemetery.


ATTACHMENT 11.1C A/Executive Manager - Corporate Services Manager Governance, WALGA – The Cemeteries Local Law is predominantly based on the WALGA Model. DL Consulting Statutory Environment Cemeteries Act 1986 Local Government Act 1995, Section 3.12 Financial Implications Nil Strategic Implications Shire of Ashburton 10 year Community Strategic Plan Goal 5 Inspiring Governance Objective 3 Council Leadership. Policy Implications Nil Voting Requirement Absolute Majority Required


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1. Adopt the Shire of Ashburton Cemeteries Local Law 2013 as per ATTACHMENT 11.1B in accordance with the provisions of the Local Government Act.


Shire of Ashburton Cemeteries Local Law 2013. 4. Authorise the affixing of the Common Seal to this local law

CARRIED BY ABSOLUTE MAJORITY 1/0 NOTE: An amendment to point 4 of the Resolution of Agenda Item “11.1 Adoption Of The Shire Of Ashburton Cemeteries Local Law 2013”was made following Agenda Item “11.3 Adoption of the Shire of Ashburton Activities on Thoroughfares and Public Places and Trading Local Law 2013.”

REASON FOR CHANGE OF RECOMENDATION: Previous authorisation for affixing the Common Seal was incorrect.


1. Amend Council Minute: 11.1 Adoption of the Shire of Ashburton Cemeteries Local Law 2013 resolution 4 from “Authorise the affixing of the Common Seal to this local law” to “Authorise the Commissioner and the A/Chief Executive Officer to affix the Shires Common Seal to the Shire of Ashburton Cemeteries Local Law 2013.”

CARRIED 1/0


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11.4 ADOPTION OF THE SHIRE OF ASHBURTON EXTRACTIVE INDUSTRIES LOCAL LAW 2013




Not Applicable




Agenda Item 11.2 Ordinary Meeting of Council 18 July 2012 Minute Number 11232 Agenda Item 11.4 Ordinary Meeting of Council 19 September 2012 Minutes Number 11280


1. Consider the submissions received on the proposed Shire of Ashburton Extractive Industries Local Law 2013;

2. Give notice to the purpose and effect of the Shire of Ashburton Extractive Industries Local Law 2013;

3. Make the Shire of Shire of Ashburton Extractive Industries Local Law 2013;


5. Give public notice, (after gazettal), of the date of the Shire of Ashburton Extractive Industries Local Law 2013;

6. Authorise the affixing of the Common Seal to this local law. Background The Shire’s original Extractive Industries Local Law was gazetted in 1995. The Local Law provisions could only be applied to private landholdings. Mining undertaken under state government license on Crown land cannot be conditioned by a local government extractive industries local law. Section 3.16 of the Local Government Act 1995 requires the local government to review its Local Laws every 8 years. At the Ordinary Meeting of Council 19 July 2012, Council resolved to revoke the Extractive Industries Local Law on the basis that the necessary provisions were adequately covered by the Shire of Ashburton Local Planning Scheme No. 7. To ensure adequate assessment of extractive industry proposals in the Shire a revised Extractive


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Industries Local Law should be available to cover any private holdings both in the Shire both now and in the future. Comment Purpose: This local law is to prohibit the carrying on of an extractive industry unless by

authority of a licence issued by the local government; regulate the carrying on of the extractive industry in order to minimise damage to the environment, roads and other peoples’ health and property; and provide for the restoration and reinstatement of any excavation site.

Effect: This local law is that any person wanting to carry on an extractive industry will

need to be licensed and will need to comply with the provisions of this local law.

ATTACHMENT 11.4A Consultation Public consultation was undertaken as part of the advertising process required by section 3.12(3). The review was advertised on 23 October 2012 with a closing date for submissions of 6 December 2012. No public submissions were received. The Department of Local Government, Legislation Section, provided comments on the proposed local law and these recommendations have been included in the local law and are attached for reference.

ATTACHMENT 11.4B ATTACHMENT 11.4C

Chief Executive Officer A/Executive Manager - Technical Services Principal Town Planner Project Officer, Local Laws Statutory Environment Local Government Act 1995, Section 3.12 Financial Implications Nil Strategic Implications Shire of Ashburton 10 year Community Strategic Plan Goal 5 Inspiring Governance Objective 3 Council Leadership. Policy Implications Nil Voting Requirement Absolute Majority Required


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1. Adopt the Shire of Ashburton Extractive Industries Local Law 2013 as per ATTACHMENT 11.4A in accordance with the provisions of the Local Government Act.


Shire of Ashburton Extractive Industries Local Law 2013. 4. Authorise the Commissioner and the A/Chief Executive Officer to affix the

Shires Common Seal to the Shire of Ashburton Extractive Industries Local Law 2013.



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12. STRATEGIC & ECONOMIC DEVELOPMENT REPORTS

12.1 LEASE OF PREMISES BY TENDER - LOT 811 ASHBURTON COURT, PARABURDOO

MINUTE: 11433 FILE REFERENCE: PA.AS.0011 AUTHOR’S NAME AND POSITION:

Anika Serer Acting Partnership/Revitalisation Manager


Not applicable


The author has no financial interest in the matter


Item 16.1 Ordinary Meeting of Council 12 December 2012; Item 11.10.18 Ordinary Meeting of Council 27 October 2009; Item 9.11.833, Ordinary Meeting of Council 20 November 2001; Item 9.09.808 Ordinary Meeting of Council 18 September 2001

Summary Community CPS Australia (CCPS) previously known as United Credit Union, lease premises at part Lot 811 Ashburton Court, Paraburdoo from the Shire. CCPS will be vacating the premises on 28 February 2013, therefore approval is sought to issue a Tender to secure an appropriate tenant for the premises. Background CCPS have leased part Lot 811 Ashburton Court, Paraburdoo from the Shire of Ashburton since 1997 for the purpose of provide banking services to the Paraburdoo community. The current lease expired on 31 December 2012 however an extension was granted until 28 February 2013. The premises will be vacated on this date.

Comment Minor maintenance work and the upgrade of the electrical switchboard is required to install a sub-meter (the office is subdivided with the other portion currently leased by Skilled Engineering). Once this work has been completed it is proposed to issue a public Tender to lease the premises to an appropriate business or agency (estimated to take 4 – 6 weeks to complete). Advertising a tender is seen as the most equitable means of ascertaining demand and it complies with S3.58 of the Local Government Act 1995.


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The Tender should encourage businesses that wish to provide services to support and diversify the local economy. There are limited office/retail space opportunities in Paraburdoo and therefore the proposed assessment criteria for the Tender would be: Proposed rental payment (monthly in advance) 50% Proposed use 30% Statement of Community Benefit 20% The Statement of Community Benefit should identify how the proposed use of the premises will benefit the community of Paraburdoo and the local economy. It is recommended the proposed lease would be for a period of 24 months with 3 x 12-month extensions at the lessor’s discretion. The lessee would be required to pay all outgoings related to the premises, including 50% of any rates or taxes levied (this expense is shared with the co-lessee). It is envisaged the premises would be ready for occupation in April/early-May 2013. Consultation Executive Manager - Strategic and Economic Development Statutory Environment Local Government Act 1995 S3.58 ‘Disposing of Property’. Financial Implications

1. $10,000 has been allocated in the 2012/13 budget (part of account 045967) to upgrade the submeter and undertake maintenance works to the premises which will be undertaken when it is vacated and is available for the work.

2. An income (account 040237) of $55,000 was budgeted in total for the premises in

2012/13 with $26,900 received to date. The shortfall due to vacancy or changed rental income will be accounted for in the Annual Budget Review.

Strategic Implications 10 Year Community Strategic Plan: Goal 02, Objective 01 – Strong Local Economies Policy Implications None Identified Voting Requirement Simple Majority Required


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Council Decision MOVED: Commissioner R Yuryevich That Council: Approve the proposal to Tender to lease the portion of Part Lot 811 Ashburton Court, Paraburdoo when the current tenant vacates and minor upgrades/maintenance is completed, with the criteria to be assessed on the following scale: Proposed rental payment (monthly in advance) 50% Proposed use 30% Statement of Community Benefit for Proposed Use 20% CARRIED BY ABSOLUTE MAJORITY 1/0


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12.2 TENDER AWARD - RFT 17/12 DIGITAL TELEVISION UPGRADE

MINUTE: 11434 FILE REFERENCE: UT.CO.02.00 AUTHOR’S NAME AND POSITION:

Zoe Mcgowan Project Officer


Not Applicable

DATE REPORT WRITTEN: 30 January 2013 DISCLOSURE OF FINANCIAL INTEREST:



Ordinary Meeting of Council 12 December 2012 Minute: 11372 Ordinary Meeting of Council 19 September 2012 Minute:11300 Ordinary Meeting 15 August 2012 Minute: 11264 Ordinary Meeting 15 February 2012 Minute: 11132

Summary On 17 December 2012 the Shire called tenders for the upgrade and ongoing management of digital retransmission equipment and upgrade of the communications tower for Digital Television in Onslow, tenders closed on 18 January 2013. A total of three tenders were received and after review by the assessment panel it is recommended that the tender be awarded to N-Com. Background The Shire of Ashburton operates the self – help retransmission tower which provides analogue television services to the Onslow Township. Council took this service on in Onslow as it was a ‘blackspot’ and would not have received commercial television otherwise. The Shire has been providing this service for over 10 years. A Council decision in February 2012 (minute 11132) to ‘switch off the self-help tower in Onslow and opt Onslow into the Satellite Subsidy scheme” was rescinded at the 19 September 2012 meeting after Council received a petition from the community outlining its concerns with the costs associated with the Satellite Subsidy Scheme and the installation of individual VAST set top boxes. As Onslow is isolated and home to minimal permanent population, it was not and continues to not be eligible for Broadcasting Australia to undertake this project. Therefore the issue of Television services and their provision continues to be the responsibility of the Shire. The Department of Broadband, Communications and Digital Economy has indicated that if we do not award the tender by the start of March 2013 detailing our expected completion


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date, they will need to default to the implementation of the satellite subsidy scheme to ensure that viewers are not placed in any hardship, which goes against Council and the communities wishes. Councils existing infrastructure is compromised as a recent structural review of the transmission tower has deemed it unsound, therefore placing further pressure on the timeframes and scope of the project. Comment Tenders were called on 17 of December 2012 and closed on 18 January 2013. The tender called for the installation and upgrade of television transmission equipment from analogue to digital and for the installation of a new communications tower (including the option of a proposed lease arrangement of the tower to the Shire). Three tender submissions were received by the due date. A tender panel consisting of appropriately qualified Shire Officers assessed the tenders, based on the criteria as per 12 December 2012 Ordinary Meeting: Minute 11372: The Assessment Panel assessed the tenders in accordance with ATTACHMENT 12.2.

Two submissions tendered to construct the Tower on Council land and hand over to the Council on completion and the remaining submission tendered to build the tower on Council land and lease back to Council and to other telecommunications Clients. The panel’s assessment has recommended the following – Installation and upgrade of television transmission equipment from analogue to digital be awarded to N-Com as the preferred tenderer immediately to ensure timeframes are met.

Financial details of the recommended tender are (excl GST) Transmission Equipment $91,987.18 Install of equipment $15,900.00 Equipment Total $107,887.18

• On further discussion with the executive team it has been decided to give further

consideration to the tower construction portion of the tender and not award at this stage – further negotiations will be entered into with parties to ensure the best outcomes for the community are achieved. (Council does have the ability to award the tender in whole or parts as per clause 1.9 in the conditions of Tender.)

Therefore in the short term the administration proposes to – Conduct an urgent risk assessment on the existing tower and understand the ability to install the new equipment on it as an interim measure to meet the Broadcasting Australia Deadline. If this is an option, negotiate with the preferred tenderer the cost of 2 installation processes. Include the anticipated increase cost into the negotiated contract and the application for funding and financial allowance for the project.Follow up advice that the tower is able to be structurally reinforced and consider advice –to be available by Monday 11 February 2012. (This is considered to be a reasonable option should the improvements guarantee 10 years of fair wear and tear.)


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• Apply to the Wheatstone Social Infrastructure Fund for the full installation of the

Tower as per best tendered price and if approved by Wheatstone Social Infrastructure Working Group go ahead and award tender to construct tower. (If funding was able to be secured this would be the preferred option for Council)

Consultation Department of Broadband, Communications and the Digital Economy Procurement Consultant, Western Australian Local Government Association A/Chief Executive Officer Executive Manager - Strategic & Economic Development Civil Engineer Engineering Technical Support Officer Statutory Environment Radio Communications Act 1992 Tele Communications Act 1997 Broadcasting Services Act 1992 Local Government Act 1995 (as amended) Tenders for Providing Goods or Services Section 3.57 Financial Implications As per minute 11348, Council Meeting 21 November 2012, Council sought funding of $200-400,000 from the BHPB Macedon Social Infrastructure fund. The fund has subsequently advised the Shire that the Digital TV Project does not fit within the criteria for funding. The Administration is applying to the Wheatstone Social Infrastructure Working Group. However, Council will need to underwrite the project until funds are received, if successful, in late March/early April 2013. Funding is available in the Councils Infrastructure Reserve Fund - The Infrastructure Reserve Fund provides funds for provision and maintenance of new and existing infrastructure assets throughout the Shire.

The Fund currently has $206,000 available and is budgeted to increase to $1.5million by the end of the 2012/2013 financial year. A further unbudgeted $4.5million is also likely to be available in the fund with the sale of the Onslow Beadon Creek lots. If the application for funding is declined, Council will need to decide how to fund through Shire funds, as the 2012/13 Budget has not provided for this expenditure. There are a number of options that can be considered and a more detailed proposal will be forwarded if this eventuates. In the short term it is proposed to fund the purchase of the Digital Satellite TV equipment using funds from the Infrastructure Reserve Fund and if funding is obtained from other sources, funds can be re-instated to the Reserve.


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Strategic Implications Community Strategic Plan – 2012-2022 – Goal 4 – Distinctive and well serviced places Objective 1: Quality Public Infrastructure – Provide and maintain affordable infrastructure that services the current and future needs of the community, environment, industry and business. Policy Implications FIN04 - Shire of Ashburton Policy ‘Buy Local – Regional Price Preference Policy’ FIN12 – Shire of Ashburton Policy ‘Purchasing and Tender Policy’ ENG09 – Shire of Ashburton Policy ‘Asset Management Policy’ Voting Requirement Absolute Majority Required


1. Award Portion A - RFT 17/12 "Onslow Digital TV Upgrade" for the equipment upgrade to N-com up to the value $108,000 with funding to be provided from the Infrastructure Reserve Fund.

2. Authorise the Commissioner and the A/Chief Executive Officer to execute the

relevant documentation for contract RFT 17/12 Portion A and affix the common seal of the Shire of Ashburton on the documentation.

3. Authorise the A/Chief Executive Officer to conduct an urgent risk assessment

on the existing tower to understand the ability to install the new equipment on it as an interim measure to meet the Broadcasting Australia Deadline. If Risk mitigation measures are required authorise to expend up to $10,000 with funding to come from the Infrastructure Reserve Fund.



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13. TECHNICAL SERVICES REPORTS

13.1 RESCISSION AND RE-ADOPTION OF DRAFT LANDCORP ANSIA INDUSTRIAL DEVELOPMENT PLAN AND DRAFT AMENDMENT NO. 17 TO PLANNING SCHEME NO.7

MINUTE: 11435 FILE REFERENCE: PS.TP.7.17 AUTHOR’S NAME AND POSITION:

Rob Paull Principal Town Planner


LandCorp


The author has no financial interest in this matter


Agenda Item 13.3, Minute: 11408 Ordinary Meeting of Council 23 January 2013 Agenda Item 13.5, Minute: 11274 Ordinary Meeting of Council 15 August 2012 Agenda Item 13.5, Minute: 11163 Ordinary Meeting of Council 18 April 2012 In addition to Agenda Item 13. 5 above, the following Items were associated with the ANSIA Strategic Industrial Area: Agenda Item 13.01, Minute: 11090 Ordinary Meeting of Council 14 December 2011 Agenda Item 16.03.04 Ordinary Meeting of Council 16 March 2011 Agenda Item 13.02.02 Ordinary Meeting of Council 16 February 2011 Agenda Item 13.12.74 Ordinary Meeting of Council 15 December 2010 Agenda Item 14.12.20 Ordinary Meeting of Council 16 December 2008 Agenda Item 13.03.03 Ordinary Meeting of Council 17 March 2009 Agenda Item 13.10.63 Ordinary Meeting of Council 27 October 2009 Agenda Item 13.12.89 Ordinary Meeting of Council 15 December 2009 Agenda Item 13.07.38 Ordinary Meeting of Council 21 July 2010


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Agenda Item 13.10.61 Ordinary Meeting of Council 20 October 2010

Summary At the April 2012 Council meeting Council resolved that, subject to a formal response from the EPA in relation to the level of environmental assessment and modifications to the draft LandCorp ANSIA Industrial Development Plan and draft Amendment No. 17 and 18, that Council: • adopt draft Amendments No. 17 and 18 and advertise the Amendments for 42

days in accordance with the Town Planning Regulations 1967; and • adopt draft ‘LandCorp ANSIA Industrial Development Plan’ in accordance with

provisions of the Scheme and advertise it in concert with the draft Amendments. The two Scheme Amendments associated with the draft Development Plan are as follows: • Draft Amendment No 17 seeks to zone land in accordance with the ANSIA

Structure Plan to ‘Strategic Industry’ zone and ‘Other Purposes – Infrastructure’ reserve (Stage 1B). Draft Amendment No. 17 provides a site for Transient Workforce Accommodation (TWA) in the ANSIA, which adjoins the Chevron TWA. Under draft Amendment No. 17, the ‘LandCorp’ TWA site is proposed to be zoned ‘Special Use 2’. The Amendment deliberately excludes the area identified in the draft LandCorp ANSIA Industrial Development Plan as 'Scarborough LNG plant' as the Shire considers it appropriate to have the ‘Scarborough’ LNG addressed in a site-specific amendment to the Scheme. This would ensure a consistent approach to the rezoning of LNG sites at the ANSIA.

• Draft Amendment No. 18 seeks to zone land (Stage 1C) to ‘Industry’ zone (Note:

this matter is separately discussed in detail in Item 13.4). A total of 9 submissions were received (excluding the EPA advice) during advertising. Specifically, LandCorp and the Department of State Development (DSD) have placed submissions calling for the inclusion of the ‘'Scarborough LNG plant' in the Amendment. The Administration recommendation to the Ordinary Council Meeting of 15 August 2012 was that the issues raised required further consultation with LandCorp, DSD and the Department of Planning. However Council resolved to adopt Amendment No. 17 for final approval and without modification. At the Ordinary Council meeting of 23 January 2013, Council was advised that Scheme Amendment documents were provided however the recent advice of the Department of Local Government was that Scheme Amendments are to be adopted with specific reference to the Local Government Act (1995), as it relates to the application of the Shire’s Common Seal. The 15 August 2012 Council resolution did not include reference to the Local Government Act. Hence draft Amendment No. 17 is again referred back to Council in order to rescind Minute No. 11274 and to re-adopt the Amendment in the same form, but, on this occasion, with reference to the relevant provisions of the Local Government Act in order to enable the use of the Common Seal of Council.


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It is not recommended that the Council accede to LandCorp or DSD’s request to support the re-zoning of the Scarborough site at least without including appropriate Scheme mechanisms that reflects the role of the Shire in any future social infrastructure arrangements for Scarborough. In light of Council’s resolution of 23 January 2013 an alternate recommendation is provided that seeks to address future social infrastructure arrangements for Scarborough. Background Council, at its Special Meeting of 5 October 2011 meeting gave final approval to the Ashburton North Strategic Industrial Area (ANSIA) Structure Plan and draft Amendment No. 10 to the Shire's Town Planning Scheme No 7 (‘Scheme’). The ANSIA Structure Plan facilitates the development of an industrial hydro-carbon precinct south west of the town of Onslow and Amendment 10 essentially provides the opportunity to develop the Wheatstone LNG plant, access road and Chevron’s Transient Workforce Accommodation (TWA) camp for the construction workforce (only). The Western Australian Planning Commission (WAPC) and the Minister for Planning have approved the ANSIA Structure Plan and Amendment No. 10 respectively and therefore these planning controls have statutory effect. The ANSIA covers an area of approximately 8000 hectares and represents a possible hydro-carbon gas hub of both state and national significance. More specifically, the location is the site for Chevron’s Wheatstone Liquid Natural Gas (LNG) project and is being considered by the Exxon-Mobil/BHP-Billiton consortium for its Scarborough LNG project. It is also proposed that additional land be developed for use by, as yet to be identified, hydro carbon related industries. The whole of the ANSIA will be serviced by a common port facility, managed by the Dampier Port Authority, and by a Multi User Access and Infrastructure Corridor (MUAIC), which is a shared transport and infrastructure corridor. Council has granted development approval for the first development within the ANSIA, this being BHP-Billiton's Macedon Domestic Gas Plant, which is presently under construction. This project is relatively small in the context of the overall development of the precinct but will still have significant impact on a town the size of Onslow. It was however able to be assessed within the framework of the planning scheme, as it presently exists. Council placed conditions on BHP-Billiton's planning approvals to address the potential negative outcomes from the development. A requirement for Macedon as part of the Planning Approval, was that the proponent would seek to have the land zoned appropriately. The ANSIA Structure Plan divides the ANSIA into several stages. Stage 1 consists of a Future Industry Area (FIA) incorporating downstream gas processing industries and other uses. Land with no current development intention in the short to medium term and therefore set aside for future strategic industrial expansion is referred to as Stage 2. Stage 1 is further divided into sub-stages with Stage 1A comprising the Wheatstone project, a common port facility, a Multi User Access and Infrastructure Corridor (MUAIC) for the purpose of shared transport and infrastructure and Chevron’s TWA camp.


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Stage 1B comprises the potential development site of the Scarborough LNG and the Macedon Domestic Gas Projects, portions of land associated with the FIA and TWA and is reflected in draft Amendment No. 17 to the Shire’s Planning Scheme No 7. Stage 1C comprises the balance of Stage 1 identified for ‘Industry’ development and is reflected in draft Amendment No. 18. At the Council meeting of 18 April 2012, Council resolved that, subject to a formal response from the EPA in relation to the level of environmental assessment and modifications to the draft LandCorp ANSIA Development Plan and draft Amendments No. 17 and 18, that Council:

• adopt draft Amendments No. 17 and 18 and advertise the Amendment for 42 days in accordance with the in accordance with the Town Planning Regulations 1967; and

• adopt draft ‘LandCorp ANSIA Industrial Development Plan’ in accordance with provisions of the Scheme and advertising it in concert with the draft Amendments.

The two Scheme Amendments associated with the draft Development Plan are as

follows: • Draft Amendment No 17 seeks to zone land in accordance with the ANSIA Structure

Plan to ‘Strategic Industry’ zone and ‘Other Purposes – Infrastructure’ reserve (Stage 1B). Draft Amendment No. 17 provides a site for Transient Workforce Accommodation (TWA) in the ANSIA, which adjoins the Chevron TWA.

Under draft Amendment No. 17, the ‘LandCorp’ TWA site is proposed to be zoned

‘Special Use 2’, which is the same as Chevron’s TWA site. The provision limiting the use of the site for constructions workers only would also apply.

The draft Amendment also includes a statutory linkage to the draft Development Plan

that ensures that any proponent that develops in Stage 1B must first achieve environmental approval and address social infrastructure contributions associated with Onslow.

The Amendment deliberately excludes the area identified in the draft LandCorp

ANSIA Industrial Development Plan as 'Scarborough LNG plant' as the Shire considers it appropriate to have the ‘Scarborough’ LNG addressed in a site-specific amendment to the Scheme. This would ensure a consistent approach to the rezoning of LNG sites within the ANSIA.

ATTACHMENT 13.1A

• Draft Amendment No. 18 seeks to zone land (Stage 1C) to ‘Industry’ zone and has been adopted for final approval by Council (23 January 2013).

The Amendment was advertised for 42 days a total of 9 submissions were received (excluding the EPA advice).

ATTACHMENT 13.1B The Administration recommendation to the Ordinary Council Meeting of 15 August 2012 was that the issues raised required further consultation with LandCorp, Department of State Development (DSD) and the Department of Planning.


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However Council resolved to adopt Amendment No. 17 for final approval and without modification. Scheme Amendment documents have been provided however the recent advice of the Department of Local Government is that Scheme Amendments are to be adopted with specific reference to the Local Government Act (1995), as it relates to the application of the Shire’s Common Seal. This is despite the head of power for the Amendment being the Planning and Development Act (2005) and not the Local Government Act. The 15 August 2012 Council resolution did not include reference to the Local Government Act. Hence it is referred back to Council in order to rescind Minute No. 11274 and re-adopt the Amendment, but this time with reference to the relevant provisions of the Local Government Act in order to enable the use of the Shire’s Common Seal. At the Ordinary Meeting of Council of 23 January 2013, Council laid the matter on the Table with the following (part) resolution:

“2. That the Chief Executive Officer be requested to:

I. invite representatives from the Department of State Development (DSD) and LandCorp to form a Deputation to the next available Ordinary Meeting of Council; and

II. prepare (for discussion purposes) an alternate Recommendation to Item 13.3

that addresses the concerns raised by both DSD and LandCorp to ANSIA Industrial Development Plan and draft Amendment No. 17 To Planning Scheme No.7.”

Comment The development of land reflected by Amendment No. 17 has already been identified in the approved ANSIA Structure Plan. The role of the ‘LandCorp ANSIA Industrial Development Plan’ (Development Plan) is to provide detailed information associated with the development of the land associated with the Amendment. As noted, LandCorp and DSD made submissions calling for the inclusion of the ‘'Scarborough LNG plant' in the Amendment (zoned ‘Strategic Industry’). The Shire is reluctant to support the LandCorp and DSD submissions as it is considered appropriate to have the ‘Scarborough’ LNG addressed in a site-specific amendment to the Scheme for consistency of planning approach with Wheatstone and to ensure the Shire’s active involvement in ensuring infrastructure commitments for Onslow. The view of the Shire is that DSD had failed to ensure the opportunity for the Shire, Council and the community to have direct involvement in infrastructure contributions from the development of the Scarborough site. It should be noted that the Shire is not convinced that the Amendment could readily be modified to include the Scarborough site as ‘Strategic Industry’ as it was not advertised as such. The 15 August 2012 resolution of Council appears to reflect this concern. Ultimately, the Minister for Planning will determine Amendment No. 17. It is possible that the Minister could resolve to direct Council to zone the Scarborough site as ‘Strategic Industry’ (with or without re-advertising). If this occurs, the Minister would presumably give reasons why such a modification to the Amendment is directed and clarify how the role of Council in the any future social infrastructure arrangements for Scarborough would be achieved.


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It is not recommended that the Council accede to LandCorp or DSD’s request to support the re-zoning of the Scarborough site without including appropriate mechanisms that reflect the role of the Shire in any future social infrastructure arrangements for Scarborough. In light of Council’s resolution of 23 January 2013 for an alternate Recommendation to Item 13.3 (for discussion purposes), ATTACHMENT 13.1C includes a revised Scheme provision as follows:

“6.11.13 Within land zoned 'Strategic Industry', prior to the approval of any development and/or any subdivision, the proponent shall define and demonstrate the implementation of social infrastructure contributions to the satisfaction of the Shire. Such social infrastructure contributions may form part of a future State Development Agreement, or other agreement with the State.”

Should Council wish to support the inclusion of the Scarborough site as ‘Strategic Industry’, the alternate Recommendation (ATTACHMENT 13.1C) is considered acceptable in relation to the role of the Shire in any future social infrastructure arrangements for Scarborough. Consultation A/Chief Executive Officer A/Executive Manager - Technical Services Executive Manager - Strategic and Economic Development Department of Local Government Referral of draft Amendment No. 17 along with draft LandCorp ANSIA Industrial Development Plan was undertaken to the following Agencies: Department of State Development Department of Planning Dampier Port Authority Department of Environment and Conservation Environment Protection Authority Main Roads WA Department of Water Department of Mines and Petroleum Department of Transport Water Corporation Horizon Power Department of Indigenous Affairs Department of Health Chevron Australia Pty Ltd Forrest and Forrest Statutory Environment Planning and Development Act 2005 Shire of Ashburton Local Planning Scheme No. 7. Town Planning Scheme amendments are processed in accordance with the Planning and Development Act (2005) and Town Planning Regulations. The decision on whether to initiate an amendment is solely that of Council. Upon adoption by Council the amendment is referred to the Environmental Protection Authority (EPA) after


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which public advertising of the proposal occurs. After public advertising, Council will consider whether to adopt the amendment for final approval with or without modifications. The final decision on whether to grant final approval to an amendment rests with the Minister for Planning & Infrastructure, acting upon recommendation from the Western Australian Planning Commission. Environmental Protection Act Referral to the Environmental Protection Authority (EPA) is required to determine the level of environmental assessment under Part IV Division 3 of the Environmental Protection Act 1986. The EPA can determine that proposed scheme amendments should not be assessed under (EP Act) but nevertheless provided advice and recommendations. Advertising of Amendment No. 17 commenced after the EPA has determined the level of environmental assessment. Financial Implications The Shire has calculated the fees charged for assessing the planning scheme amendment and structure plan fees in accordance with those set out in the Planning Regulations, in order to meet the administrative and other costs it incurs as a result of it processing LandCorp's draft amendments and draft Development Plan. Strategic Implications Shire of Ashburton 10 Year Community Plan 2012-2022 Goal 04 – Distinctive and Well Serviced Places Objective 03 – Well Planned Towns Policy Implications There are no policy implications relevant to this matter. Voting Requirement Normally, this entails one third of members including mover must support the revocation motion. The decision to rescind the motion must be by Absolute Majority. NOTE: A/Chief Executive Officer tabled ATTACHMENT 13.1D submitted under

separate cover from Mr. David Caddy, Managing Director on behalf of LandCorp in relation to draft Amendment No. 17 and LandCorp ANSIA Industrial Development Plan and brought to the attention of the Commissioner at the 13 February 2013 Ordinary Meeting of Council.

Council Decision MOVED: Commissioner R Yuryevich That Council: 1. Raise Agenda Item 13.3, Minute: 11408 of the Ordinary Meeting of Council 13

January 2013 RESCISSION AND RE-ADOPTION OF DRAFT LANDCORP ANSIA INDUSTRIAL DEVELOPMENT PLAN AND DRAFT AMENDMENT NO. 17 TO PLANNING SCHEME NO.7 from the Table.



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Council Decision MOVED: Commissioner R Yuryevich That Council: 1. RESCIND RESOLUTION ASSOCIATED WITH MINUTE: 11274

1. Rescind Resolution associated with Minute: 11274 Ordinary Meeting of Council 15 August 2012 (Item 13.05) “Draft LandCorp ANSIA Industrial Development Plan and Draft Amendment No 17 to Planning Scheme No 7. Extension of time for consideration” as follows:

“That Council: (A) DRAFT LOCAL PLANNING SCHEME AMENDMENT NO. 17

1. Pursuant to Part V of the Planning and Development Act 2005 ("Act"), and having considered the submissions lodged during the advertising period, adopt for final approval, draft Amendment No. 17 ("draft Amendment") to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") by rezoning of land and modifying Clause 6.11 as follows:

a) Rezoning portion of Lot 152 and portion of Lot 153 Onslow

Road and portion of Lots 350, 505, 508, 518, 530, 535 and 536 and Lots 500, 506, 507, 520, 548 and 541 from ‘Rural’ zone and ‘Conservation, Recreation and Natural Landscapes’ reserve to ‘Strategic Industry’ zone and ‘Other Purposes – Infrastructure’ reserve (excluding the area identifed in the draft LandCorp ANSIA Industrial Development Plan as 'Scarborough LNG plant').

b) Rezoning Portion of Lot 152, Onslow Road from ‘Rural’

zone to ‘Special Use – Transient Workforce Accommodation’ zone.

c) Insert after Clause 6.11.10 of the Scheme the following: LandCorp ANSIA Industrial Development Plan 6.11.11 For Lot 152 and portion of Lot 153 Onslow Road and

portion of Lots 350, 505, 508, 518, 530, 535 and 536 and Lots 500, 506, 507, 520, 548 and 541 zoned ‘Strategic Industry’ within the Ashburton North Strategic Industrial Area, all development shall be in accordance with LandCorp ANSIA Industrial Development Plan. Works associated with the development of land shall only be undertaken with the written approval of the Local Government in accordance with Part 5 of this Scheme. All other use and development shall not be approved by the Local Government unless consent from the Minister for the


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Environment has been sought and received. 6.11.12 All use and development shall be in accordance with

LandCorp ANSIA Industrial Development Plan. d) Amending the Scheme Maps accordingly (excluding the

area identified in the draft LandCorp ANSIA Industrial Development Plan as 'Scarborough LNG plant').

2. That the Council endorses the Schedule of Submissions

ATTACHMENT 13.5B prepared in response to the community consultation undertaken in relation to Amendment No. 17.

3. That the Council refer Amendment No. 17 to the Scheme, so

adopted 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 the modification affects the intent of the Amendment, in which case it shall be referred to the Council for consideration.

(B) LANDCORP ANSIA INDUSTRIAL DEVELOPMENT PLAN Insofar as the draft Landcorp ANSIA Industrial Development

Plan addresses land subject of draft Amendment No. 17 to the Scheme, Council:

5. Adopts the 'Schedule of Submissions' ATTACHMENT 13.5B

prepared in response to the advertising of the draft Landcorp ANSIA Industrial Development Plan.

6. Adopts the draft Landcorp ANSIA Industrial Development Plan

for final approval pursuant to the requirements of Clause 6.4, Appendix 7 and Appendix 11 of the Scheme subject to the draft Landcorp ANSIA Industrial Development Plan being modified in accordance with 'Schedule of Submissions' ATTACHMENT 13.5B

7. Refer the adopted draft Landcorp ANSIA Industrial

Development Plan to the Western Australian Planning Commission with a request for endorsement as a framework for the future land use and development of the land subject of draft Amendment No. 17. "



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1. DRAFT LOCAL PLANNING SCHEME AMENDMENT NO. 17

1. Pursuant to Part V of the Planning and Development Act 2005 ("Act"),

and having considered the submissions lodged during the advertising period, adopt for final approval, draft Amendment No. 17 to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") by rezoning of land and modifying Clause 6.11 as follows:

a) Rezoning portion of Lot 152 and portion of Lot 153 Onslow Road

and portion of Lots 350, 505, 508, 518, 530, 535 and 536 and Lots 500, 506, 507, 520, 548 and 541 from ‘Rural’ zone and ‘Conservation, Recreation and Natural Landscapes’ reserve to ‘Strategic Industry’ zone and ‘Other Purposes – Infrastructure’ reserve (excluding the area identifed in the draft LandCorp ANSIA Industrial Development Plan as 'Scarborough LNG plant').

b) Rezoning Portion of Lot 152, Onslow Road from ‘Rural’ zone to

‘Special Use – Transient Workforce Accommodation’ zone.

c) Insert after Clause 6.11.10 of the Scheme the following:

LandCorp ANSIA Industrial Development Plan

6.11.11 For Lot 152 and portion of Lot 153 Onslow Road and portion of Lots 350, 505, 508, 518, 530, 535 and 536 and Lots 500, 506, 507, 520, 548 and 541 zoned ‘Strategic Industry’ within the Ashburton North Strategic Industrial Area, all development shall be in accordance with LandCorp ANSIA Industrial Development Plan. Works associated with the development of land shall only be undertaken with the written approval of the Local Government in accordance with Part 5 of this Scheme. All other use and development shall not be approved by the Local Government unless consent from the Minister for the Environment has been sought and received.

6.11.12 All use and development shall be in accordance with

LandCorp ANSIA Industrial Development Plan.

d) Amending the Scheme Maps accordingly (excluding the area identified in the draft LandCorp ANSIA Industrial Development Plan as 'Scarborough LNG plant').

2. That the Council endorses the Schedule of Submissions

(ATTACHMENT 13.1B) prepared in response to the community consultation undertaken in relation to Amendment No. 17.

3. Authorise the Commissioner and the Chief Executive Officer to execute


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the relevant documentation and affix the common seal of the Shire of Ashburton on documentation.

4. That the Council refer Amendment No. 17 to the Scheme, so adopted

for final approval, to the Western Australian Planning Commission with a request for the approval of the Hon. Minister for Planning.

5. 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 the modification affects the intent of the Amendment, in which case it shall be referred to the Council for consideration.

2. LANDCORP ANSIA INDUSTRIAL DEVELOPMENT PLAN

Insofar as the draft Landcorp ANSIA Industrial Development Plan addresses land subject of draft Amendment No. 17 to the Scheme, Council:

6. Adopts the 'Schedule of Submissions' (ATTACHMENT 13.1B)

prepared in response to the advertising of the draft Landcorp ANSIA Industrial Development Plan.

7. Adopts the draft Landcorp ANSIA Industrial Development Plan for

final approval pursuant to the requirements of Clause 6.4, Appendix 7 and Appendix 11 of the Scheme subject to the draft Landcorp ANSIA Industrial Development Plan being modified in accordance with 'Schedule of Submissions' (ATTACHMENT 13.1B).

8. Authorise the Commissioner and the Chief Executive Officer to

execute the relevant documentation and affix the common seal of the Shire of Ashburton on documentation.

9. Refer the adopted draft Landcorp ANSIA Industrial Development Plan

to the Western Australian Planning Commission with a request for endorsement as a framework for the future land use and development of the land subject of draft Amendment No. 17.



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13.2 RESCISSION AND RE-ADOPTION OF DRAFT AMENDMENT NO. 20 TO THE SHIRE OF ASHBURTON LOCAL PLANNING SCHEME NO. 7 - INITIATE REZONING OF LOT 50 NAMELESS VALLEY DRIVE, TOM PRICE TO 'SPECIAL USE NO. 3 - STORAGE FACILITY/DEPOT/LAYDOWN AREA'.

MINUTE: 11436 FILE REFERENCE: PS.TP.7.20 AUTHOR’S NAME AND POSITION:



Not Applicable




Agenda Item 13.4 (Minute: 11132), Ordinary Meeting of Council 17 October 2012 Agenda Item 13.2 (Minute: 11091), Ordinary Meeting of Council 14 December 2011.

Summary At the 17 October 2012 Ordinary meeting, Council initiated Scheme Amendment No. 20 to the Shire of Ashburton Local Planning Scheme No. 7 resulting in a proposal to rezone Lot 50 Nameless Valley Drive, Tom Price from ‘Rural Living’ to ‘'Special Use No. 3 - Storage Facility/Depot/Laydown Area'. The land is owned by the State. Acceptance of the proposal from State Lands Services has now been provided. The consultant for the proponent has provided the necessary information reflecting Council’s resolution and has requested a minor change to the Scheme Amendment. The change relates to the wording of the plan to be attached to the Amendment and is acceptable. To ensure clarity of the Scheme initiation process, it is recommended to rescind the Council resolution of 17 October 2012 (Minute: 11132) and adopt the modified Amendment No. 20. and for it to be referred to the EPA. Once the EPA has responded, the Amendment would be advertised for 42 days and referred back to Council for consideration. Background The Shire of Ashburton Local Planning Scheme No. 7 (‘Scheme’) was Gazetted on 24 December 2004 and has not been reviewed. Lot 50 Nameless Valley Drive, Tom Price has an area of 2.3941 ha and is zoned ‘Rural Living’ under the Scheme. In the past the site has been used for purpose of an egg farm however it is now largely abandoned. It would appear that the site has been used for truck parking which is prohibited under the ‘Rural Living’ zone.


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The site is located approximately 2.5 km from the Tom Price townsite and within approximately 100 metres from the town’s sewerage/effluent ponds. At the December 2011 Ordinary meeting, Council considered a request from DB Hitchcock Transport lessee of Lot 50 Nameless Valley Drive, Tom Price to amend the Scheme by rezoning the land from ‘Rural Living’ to ‘Industry’ to facilitate a transport depot. The land is owned by the State. Acceptance of the proposal from State Lands Services has been provided. The request for the land to be zoned ‘Industry’ was not supported as the site is relatively small and uses such as abattoir, noxious, resource processing and general industries are either permitted or discretionary. At the 17 October 2012 Ordinary meeting, Council resolved as follows: “That Council:

In Pursuance of Part V of the Planning and Development Act 2005 ("Act"), adopt for community consultation purposes draft Amendment No. 20 ("draft Amendment") to the Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") which proposes:

1. Rezone Lot 50 Nameless Valley Drive, Tom Price from ‘Rural Living’ zone to ‘Special

Use – Storage facility/depot/laydown area’ zone. 2. Insert into Schedule 3 of the Scheme the following:

No. Description of Land

Special Use Conditions

3 Lot 50 Nameless Valley Drive, Tom Price

Storage facility/depot/laydown area

1. Land use and development shall generally be in accordance with a Development Plan approved by the local government and the Western Australian Planning

Lot 50 Nameless Valley Drive,


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Commission which addresses those matters defined in Clause 6.4 and Appendix 11 and specifically detailing the layout, staging, access, landscaping, management and environmental issues associated with the development and the use of the land.

2. Storage facility/depot/laydown

area’ shall be considered a ‘D’ use under the Scheme.

3. All development will be in

accordance with the definition of ‘storage facility/depot/laydown area’ as in Appendix 2 of the Scheme.

3. That as the draft Amendment is in the opinion of the Council consistent with Part V of

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

4. Following advertising of draft Amendment No. 20 or a response from the EPA

requiring formal environmental assessment, the matter be referred back to Council for consideration.

5. Request the Chief Executive Officer to advise the proponent that once Amendment

documentation is prepared to the Shire’s satisfaction and fees in accordance with the Schedule 1 Part 2 of the Town Planning (Local Government Planning Fees) Regulations 2000 and Council’s adopted Fees and Charges have been paid, the Amendment will be referred to the EPA as provided for in part 3. above.”

ATTACHMENT 13.2A

The proponent was advised of the Council resolution and commenced preparation of the necessary Scheme Amendment documents. Proposal Since the October 2012 Council resolution, the consultant for the proponent has provided the necessary information reflecting Council’s resolution and has requested a minor change to the Scheme Amendment as follows: “The outcome of our discussions with the Department of Planning advised that reference to the WAPC’s approval be removed and reference to a Development Plan be replaced with the local government’s approval of a Detailed Area Plan instead. In that regard, I have reworded Condition 1 to read as follows, for which we seek Council’s reconsideration:


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1. Land use and development shall generally be in accordance with a Detailed Area Plan approved by the local government and which addresses the layout, staging, access, landscaping, management and environmental issues associated with the development and the use of the land.

Please confirm that the above wording is acceptable and/or any modifications if required prior to formally seeking Council’s reconsideration.”

Comment The consultant for the proponent has provided the necessary information and a draft Detailed Area Plan detailing the proposed future use and development of the site.

ATTACHMENT 13.2B The draft Detailed Area Plan includes the following elements: Access arrangements and direction of vehicle movements, including proposed new crossover and existing modified crossover via the un-named Local Road and Nameless Valley Drive (subject to widening and upgrading of crossovers at these points). Two (2) defined areas being the ‘No Development Area’ providing front, side and rear boundary setbacks, and the ‘Potential Development Area’; within the defined ‘Potential Development Area’, prospective future uses and development are proposed (subject to development approval). Proposed Landscaping within front street setback, and retention of existing vegetation at the rear. Conclusions The change to Amendment No. 20 relates to the wording of the plan to be attached to the Amendment. Discussions with the staff from the Department of Planning concur with the modification. Accordingly, the request to modify condition 1. is acceptable. To ensure clarity of the Scheme initiation process, it is recommended to rescind the Council resolution of 17 October 2012 (Minute: 11132) and adopt the modified Amendment No. 20. and for it to be referred to the EPA. Once the EPA has responded, the Amendment would be advertised for 42 days and referred back to Council for consideration. Consultation Chief Executive Officer A/Executive Manager, Technical Services Statutory Environment Planning and Development Act 2005 Town Planning Scheme amendments are processed in accordance with the Planning and Development Act (2005) and Town Planning Regulations. The decision on whether to adopt an amendment is solely that of Council. Upon adoption by Council the amendment is referred to the Environmental Protection Authority (EPA) after which public advertising of the proposal occurs (this is where this ‘draft Amendment’ currently sits in the process). After public advertising, Council will consider whether to adopt the amendment for final approval with or without modifications. The final decision on whether to grant final approval to an amendment rests with the Minister for Planning & Infrastructure, acting upon recommendation from the Western Australian Planning Commission.


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Shire of Ashburton Town Planning Scheme No. 7 Environmental Protection Act 1986 State Planning Policy 3 - Urban Growth and Settlement (SPP 3) - includes the following objectives:

• To promote a sustainable and well planned pattern of settlement across the State, with sufficient and suitable land to provide for a wide variety of housing, employment, recreation facilities and open space.

• To build on existing communities with established local and regional economies, concentrate investment in the improvement of services and infrastructure and enhance the quality of life in those communities.

• To manage the growth and development of urban areas in response to the social and economic needs of the community and in recognition of relevant climatic, environmental, heritage and community values and constraints.

• To promote the development of a sustainable and liveable neighbourhood form which reduces energy, water and travel demand while ensuring safe and convenient access to employment and services by all modes, provides choice and affordability of housing and creates an identifiable sense of place for each community.

• To coordinate new development with the efficient, economic and timely provision of infrastructure and services.

The Shire is required to have due regard to State Planning Policies in the preparation of amendments to its Scheme. The amendment is consistent with the objectives of SPP 3. Financial Implications Costs directly associated with the formal assessment of the proposed Amendment will be recouped in itemised fees, as specified in Schedule 1 Part 2 of the Town Planning (Local Government Planning Fees) Regulations 2000 and Council’s adopted Fees and Charges. Strategic Implications Shire of Ashburton 10 Year Community Plan 2012-2022 Goal 04 - Distinctive and Well Serviced Places Objective 03 - Well Planned Towns Policy Implications None anticipated Voting Requirement Normally, this entails one third of members including mover must support the revocation motion. The decision to rescind the motion must be by Absolute Majority.


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1. RESCIND RESOLUTION ASSOCIATED WITH MINUTE: 11132

1. Rescind Resolution associated with Minute: 11132 Ordinary Meeting of Council 17 October 2012 (Item 13.04) “Draft Amendment No. 20 to the Shire of Ashburton Local Planning Scheme No. 7 - Request to initiate rezoning of Lot 50 Nameless Valley Drive, Tom Price to 'Special Use No. 3 - Storage Facility/Depot/Laydown Area” as follows:

“That Council: In Pursuance of Part V of the Planning and Development Act 2005 ("Act"), adopt for community consultation purposes draft Amendment No. 20 ("draft Amendment") to the Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") which proposes:

1. Rezone Lot 50 Nameless Valley Drive, Tom Price from ‘Rural Living’ zone

to ‘Special Use – Storage facility/depot/laydown area’ zone. 2. Insert into Schedule 3 of the Scheme the following:

No. Description

of Land




1. Land use and development shall generally be in accordance with a Development Plan approved by the local government and the Western Australian Planning Commission which addresses those matters defined in Clause 6.4 and Appendix 11 and specifically detailing the layout, staging, access, landscaping, management and environmental issues associated with the development and the use of the land.

2. Storage facility/depot/laydown area’ shall be considered a ‘D’ use under the Scheme.

3. All development will be in accordance with the definition of ‘storage facility/depot/laydown area’ as in Appendix 2 of the Scheme.


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3. That as the draft Amendment is in the opinion of the Council consistent

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

4. Following advertising of draft Amendment No. 20 or a response from the

EPA requiring formal environmental assessment, the matter be referred back to Council for consideration.

5. Request the Chief Executive Officer to advise the proponent that once

Amendment documentation is prepared to the Shire’s satisfaction and fees in accordance with the Schedule 1 Part 2 of the Town Planning (Local Government Planning Fees) Regulations 2000 and Council’s adopted Fees and Charges have been paid, the Amendment will be referred to the EPA as provided for in part 3. above.”


Council Decision MOVED: Commissioner R Yuryevich That Council: 1. DRAFT LOCAL PLANNING SCHEME AMENDMENT NO. 20

In Pursuance of Part V of the Planning and Development Act 2005 ("Act"), adopt for community consultation purposes draft Amendment No. 20 ("draft Amendment") to the Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") which proposes:

1. Rezone Lot 50 Nameless Valley Drive, Tom Price from ‘Rural Living’ zone to

‘Special Use – Storage facility/depot/laydown area’ zone. 2. Insert into Schedule 3 of the Scheme the following:

No. Description

of Land




1. Land use and development shall generally be in accordance with a Detailed Area Plan approved by the local government and which addresses the layout, staging, access,landscaping, management and environmental issues associated with the


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development and the use of the land.

2. Storage facility/depot/laydown

area’ shall be considered a ‘D’ use under the Scheme.

3. All development will be in accordance with the definition of ‘storage facility/depot/laydown area’ as in Appendix 2 of the Scheme.

3. That as the draft Amendment is in the opinion of the Council consistent

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

4. Following advertising of draft Amendment No. 20 or a response from the

EPA requiring formal environmental assessment, the matter be referred back to Council for consideration.

5. Request the Chief Executive Officer to advise the proponent that once

Amendment documentation is prepared to the Shire’s satisfaction and fees in accordance with the Schedule 1 Part 2 of the Town Planning (Local Government Planning Fees) Regulations 2000 and Council’s adopted Fees and Charges have been paid, the Amendment will be referred to the EPA as provided for in part 3. above.



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13.3 REQUEST FOR COMMENTS ON PROPOSED RESERVATION AND PRIOR ACCESS TO UNALLOCATED CROWN LAND BEING ASHBURTON LOCATION 72, ONSLOW - SHIRE OF ASHBURTON

MINUTE: 11437 FILE REFERENCE: RE.ON.R.19291

C/R 1317640 AUTHOR’S NAME AND POSITION:



Not Applicable




Not Applicable

Summary The Department of Regional Development and Lands (RDL) has sought the advice of the Shire with respect to a request from the Water Corporation to reserve and hold a management order over unallocated Crown land being Ashburton Location 72, Onslow for the purpose of "Water". Whilst it is possible that in the future there would be no objection to the proposal, at this point in time, the Water Corp application should not be considered until further discussions with the Shire and relevant State Agencies (including State Lands, Department of Planning and LandCorp) are undertaken in relation to the likely need to include the land in the long term expansion and development of Onslow. It should be noted that this matter has been discussed with LandCorp who concur with the Shire’s position. Background Ashburton Location 72, Onslow has an area of approximately 3.08ha, is 30 metres wide, runs for over 920 metres and has a wide ‘splay’ to Onslow Road. The land is currently reserved under the Shire of Ashburton Local Planning Scheme as ‘water and drainage’. Proposal The Department of Regional Development and Lands (RDL) has sought the advice of the Shire with respect to a request from the Water Corporation to reserve and hold a management order over unallocated Crown land being Ashburton Location 72, Onslow for the purpose of "Water".

Comment Location 72 is also referred to under the Shire’s Onslow Townsite Strategy (July 2011) as ‘Development Investigation’.


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The Onslow Townsite Strategy was produced by Shire of Ashburton in conjunction with the Department of Planning and has the support of LandCorp as a strategic land use planning document for Onslow. Based on the development of Ashburton North Strategic Industrial Area, Onslow will experience significant population growth.

To facilitate this development, significant reorientation of Onslow's urban structure is required to accommodate the residential, community and civic needs of an anticipated residential population expansion. This is likely to result in up to 1600 additional homes in Onslow (up to 3,200 persons). In the short term (1-5 years) a demand for at least 210 additional dwellings is anticipated. A total area of 140 hectares has been identified for the potential development of new living areas and residential precincts. In addition, the Shire has received a request from some leaseholders (Locations 70-79,which are generally leased for ‘horse paddocks’) to rezone their leasehold land to an industrial/commercial use. This undeveloped ‘link’ that comprises Location 72 could also have the potential to be used for access purposes associated with these and other lots, irrespective whether they ultimately are rezoned. Whilst it is possible that in the future there would be no objection to the proposal, at this point in time, the Water Corp application should not be pursued until further discussions with the Shire and relevant State Agencies (including State Lands, Department of Planning and LandCorp) are undertaken in relation to the likely need to include the land in the long term expansion and development of Onslow. Consultation A/Chief Executive Officer A/Executive Manager - Technical Services LandCorp It should be noted that this matter has been discussed with LandCorp who concurs with the Shire’s position.

Loc.72


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Statutory Environment Planning and Development Act 2005 Land Administration Act 1994 Financial Implications There are no financial implications relevant to this matter. Strategic Implications Shire of Ashburton 10 Year Community Plan 2012-2022 Goal 04 – Distinctive and Well Serviced Places Objective 03 – Well Planned Towns Policy Implications There are no policy implications relevant to this matter. Voting Requirement Simple Majority Required Council Decision MOVED: Commissioner R Yuryevich That Council:

1. Advise the Department of Regional Development and Lands (RDL) that with respect to the request to reserve and hold a management order over unallocated Crown land being Ashburton Location 72, Onslow for the purpose of "Water", Council:

1. Considers that the proposal should not be considered until further

discussions with the Shire and relevant State Agencies (including State Lands, Department of Planning and LandCorp) are undertaken in relation to the likely need to include the land in the long term expansion and development of Onslow; and

2. Notes that once the long term planning for Onslow is complete that it is

possible there would be no objection to the proposal, potentially in a modified form.

CARRIED 1/0


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13.4 RETROSPECTIVE APPLICATION FOR PLANNING APPROVAL - FUEL TANK AND FUEL PUMP/BOWSER, LOT 597 BEADON CREEK ROAD, ONSLOW

MINUTE: 11438 FILE REFERENCE: ON.BD.0597.00

20120742 (P) AUTHOR’S NAME AND POSITION:



Applicant: Drilline Pty Ltd Owner: S Sweeting




Not Applicable

Summary A fuel tank (believed to be 50,000 litres) and fuel pump/bowser have been erected at Lot 597 Beadon Creek Road, Onslow without the necessary planning approval being sought or issued. The unauthorized fuel pump/bowser is sited as close as 0.2m from the Beadon Creek Road reserve and the unauthorized tank is 1.1m from the road reserve. Retrospective Planning Application has been lodged (by Drilline Pty Ltd) for the fuel tank and fuel pump/bowser. Plans provided with the application show the yard being gated some 14m from the road reserve. This would allow unrestricted access to the site from the road reserve, with no identified crossover. It is recommended as follows: Fuel tank Subject to a risk assessment and detailed plans being provided by the Applicant, the matter be referred back to Council to determine whether the retrospective Planning Application for a fuel tank is compliant with the Shire of Ashburton Local Planning Scheme No. 7 (‘Scheme’). Fuel pump/bowser Retrospective Planning Application for a fuel pump/bowser is not considered to be compliant with the provisions of the Scheme and that the application be refused. In addition, it is recommended that the Chief Executive Officer be authorised to instruct the land owner and occupier of the lot (and Drilline Pty Ltd) to immediately cease using the bowser and to remove the fuel pump/bowser and associated pipeline and electrical works within 30 days from the date of being notified in writing (or longer if agreed by the Chief Executive Officer provided a schedule of removal is provided by the land owner and Drilline Pty Ltd).


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Should the removal not be undertaken the Chief Executive Officer be instructed to initiate the necessary legal action for it to be removed. Background General Lot 597 Beadon Creek Road, Onslow is an industrial block with a caretakers dwelling and large pressed metal shed/workshop that would appear to predate Western Australian planning and building processes. The area of Lot 597 is 2656m2. The site is typical of the industrial development of the Beadon Bay Road area with unsealed driveways, parking, loading and ‘standing’ areas (note Figure 1). Fencing has essentially been removed on the north and eastern side with access to the site from Beadon Creek Road uncontrolled in relation to ‘crossovers’. The Shire understands that Drilline Pty Ltd occupy the site. The Drilline Pty Ltd’s Website describes the company as follows: “Drilline are one of Australia's leading privately owned-companies offering a truly comprehensive range of pipeline services for water, wastewater, tailings, slurries, gas and other industrial fluids on both green and brownfield environments across all industrial sectors.” Figure 1 – Aerial photograph/cadasta of Lot 593 Beadon Creek Road, Onslow

Source Landgate (date reference June 2012) 7 November 2012 The Shire was made aware that a double hose fuel pump/bowser was being erected on Lot 597 Beadon Bay Road. At that stage it was unclear whether the fuel pump/bowser was actually within the Lot or on the road reserve, as there is no fencing or boundary pegs to indicate the separation of the reserve and lot.


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The Shire determined that the fuel pump/bowser and a fuel tank (believed to be 50,000 litres) had no Shire planning approval and that it was necessary to establish the specific location of both in relation to the road reserve. 10 November 2012 At the request of the Shire, surveyors determined boundary locations (at Shire expense). The Shire was later advised (verbally) by the surveyors of the positioning of the fuel pump/bowser and tank. 21 November 2012 Drilline Pty Ltd was contacted and advised that the fuel pump/bowser and fuel tank require retrospective planning approval (copy of Email/s to Geoff Curtis, Drilline included as ATTACHMENT 13.4A). 30 November 2012 Fees paid for retrospective planning application and Drilline Pty Ltd advise as follows: • “Drilline's fuel pump/bowser is located in the SW corner of Lot 597 on Beadon Creek Rd. And

is within the boundaries of the Lot 597 property. • Vehicle access Lot 597 on Beadon Creek Rd. on the W-SW boundary, travel towards the SE

boundary, turn around and drive to the fuel pump/bowser. Vehicle, facing NW, to stop and fuel pump/bowser and fill tank.

• Drilline propose placing security fencing along the xxx boundary and the xx boundary of Lot 597 on Beadon Creek Rd in conjunction with the location of the fuel pump/bowser.

• Security fencing would prevent vehicle at fuel pump/bowser from entering road reserve from the fuel pump/bowser location as well as preventing vehicles from parking in road reserve.”

(Note ATTACHMENT 13.4B - ‘Original plan’ submitted with Application) 6 December 2012 The Shire wrote to Drilline Pty Ltd requesting further information (copy of Email/s to Drilline included as ATTACHMENT 13.4C). 13 December 2012 A survey plan was provided to the Shire showing the fuel pump/bowser is sited as close as 0.2m from the Beadon Creek Road reserve and the tank being 1.1m from the road reserve (note Figure 2). It is not clear whether the associated pipeline and electrical works is on Lot 597 or the road reserve. 17 December 2012 Further information (plans) are provided by Drilline Pty Ltd relocating the fuel pump/bowser from the boundary and re-aligns and relocates the tank. The same day, the Shire responded seeking clarification on the revised plans and whether they were still seeking the fuel pump/bowser and tank in the current location. 23 January 2012 Drilline Pty Ltd resond the Administration’s request of 17 December 2012 by providing revised plan/information and the following advice: “This latest plan is for our Planning Application do please disregard the previous site plan we had submitted. Yes the fence will stop anyone from fuelling up on Beadon Creek Road as they will pull into proposed parking bay near fuel pump/bowser.”

ATTACHMENT 13.4D


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Figure 2 – Extract from Survey Plan

Proposal Retrospective Planning Application has been lodged for the fuel tank and double hose fuel pump/bowser. Plans provided show the yard being gated some 14m from the road reserve. This allows free access to the site from the road reserve with no identified crossover defined. Accordingly, the proposal would allow unfettered access from the site to the road reserve. Photographs of the tank and fuel pump/bowser (taken between 7 December 2012 and 31 January 2013) are included as ATTACHMENT 13.4E.

Comment Shire of Ashburton Local Planning Scheme No.7 The land is zoned ‘Industry’ and included in the ‘Onslow Coastal Hazard Special Control Area’ under the Shire of Ashburton Local Planning Scheme No. 7 (‘Scheme’) where the fuel storage use is fuel storage use is essentially included in the definition of ‘storage facility/depot/laydown area’:

“any land, buildings or other structures used for the storage and transfer of goods including salvaged items, the assembling of prefabricated components of products and includes milk, transport and fuel depots, salvage yards and landscape suppliers.” Within the ‘Onslow Coastal Hazard Special Control Area’ the following Clause applies:

“7.3.8 In considering applications for planning approval, Local Government shall have regard for

the following matters:

(a) That development and redevelopment be permitted in the hazard area subject to floor levels being raised above 4m AHD in the coastal zone areas and 5m AHD in the frontal dune areas of the townsite between Four Mile Creek in the south west and Beadon Creek in the north east.


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(b) That any new commercial or tourist development shall be raised to comply with the 4m AHD floor level requirement in the coastal zone or 5m AHD requirement in the frontal dune areas of the townsite, between Four Mile Creek in the south west and Beadon Creek in the north east.

(c) That non-habitable permanent structures such as ablution facilities in caravan parks

shall be permitted to have floor levels at the existing ground level. (d) That any land filling shall be subject to an assessment of impact on the drainage

pattern so as to retain the natural drainage to Beadon Creek. (e) That any building development or building alteration approval in the hazard area be

endorsed with the following: “The developer undertakes to absolve the State and the Local Government Authority

from liability and hence financial relief in the event of damage caused by natural events”.

Accordingly, although the ‘use’ is permitted in the zone, the development and associated works requires the consent of the local government. Page 19 of the Scheme includes the follow ing note: “(P) permitted and (I) incidental developments require a planning application if they include building, works or the need for additional carparking. Local Government does not have the discretion to refuse the application on the basis that the development category is inappropriate for the location. It may, however, refuse the application, or apply conditions to an approval, on the basis that the characteristics of the proposal do not fully satisfy the requirements of the Scheme.” The Scheme includes aims, objectives and provisions that provide a basis for decisions made by the local government. In this regard, the following aims and objectives are considered relevant to the retrospective planning application:

“a) The development proposal is not consistent with Clause 1.6 Scheme Objectives of Local Planning Scheme No. 7, in particular:

“(e) To provide areas and development standards for local industrial and mixed business

development”.

b) The development proposal is not consistent with the purpose and intent of Clause 5.9 of Local Planning Scheme No. 7, which pertains to addressing matters including:

“(a) the aims and provisions of this Scheme and any relevant Town Planning Scheme

operating in the district including any regional planning Scheme, (h) the capacity of the site and surrounding locality to support the development

including:

(i) access, egress, unloading, manoeuvring and parking of vehicles (ii) traffic generated from the development (iv) public and utility infrastructure and community services (v) whether adequate provision has been made for access for pedestrians,

cyclists and disabled persons (vi) impact of the development on the amenity of the locality (v) any relevant submissions or objections received or sought on the application. (vi) any other planning consideration that Local Government considers relevant.

(l) the compatibility of a use or development with its setting;


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(m) any social issues that have an effect on the amenity of the locality; (o) the likely effect of the proposal on the natural environment and any means that are

proposed to protect or to mitigate impacts on the natural environment; (s) the relationship of the proposal to development on adjoining land or on other land in

the locality including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the proposal;

(v) any other considerations which the Local Government considers relevant to the Scheme purpose and aims in clauses 1.5 and 1.6, and

(x) any other planning consideration that Local Government considers relevant.”

Clause 5.4 of the Scheme (Unauthorised Exist ing Development) provides as follow s: “ 5.4.1 The Local Government may require a planning approval for development or

use already commenced or carried out if it considers this w ork is not excluded from this requirement by subclause 5.3.1.

5.4.2 The Local Government may grant planning approval to development already

commenced or carried out provided it is in accordance w ith the requirements of the Scheme or Local Government has exercised its discret ion in accordance w ith the Scheme to vary these requirements.

5.4.3 Development which w as unlaw fully commenced shall not be rendered law ful by the

occurrence of any subsequent event except the granting of planning approval. 5.4.4 In granting planning approval for unlaw ful development Local Government may

require addit ional works, demolit ion or modif icat ions to ensure the development complies w ith the provisions of the Scheme.”

With respect to planning provisions of the Scheme, the following are considered relevant: “6.11.2 In considering planning applications within the industrial zones, community zones,

public purpose Reserves, infrastructure reservation or the industry buffers identified in the Policy Manual, Local Government shall have regard for the:

(a) compatibility of the proposed uses with other surrounding uses, (b) potential impact of the proposal on the efficient and effective operations of

existing and planned industry, infrastructure or public purposes, and (c) risks, hazards, health and amenity associated with the proposed use being

located in proximity to existing and planned industry, infrastructure or public purpose or any other use.

(e) the capacity for infrastructure to accommodate additional loads (particularly where development involves the expansion of existing operations);

(f) measures to prevent soil and groundwater contamination; and (g) separation of stormwater and process liquids and the onsite containment of

process liquids” As the development was undertaken w ithin the period of the last 12 months, it is open for the Shire to init iate prosecution subject to Section 21(2) of the Cr im inal Proced ure Act 2004 as follow s: “ S21. When a prosecution can be commenced (1) A prosecution of a person for an indictable offence may be commenced at any t ime,

unless another w rit ten law provides otherw ise.


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(2) A prosecution of a person for a simple offence must be commenced w ithin 12 months after the date on which the offence w as allegedly committed, unless another w rit ten law provides otherw ise or the person consents to it being commenced at a later t ime.”

It should be noted that prosecution is not the preferred option of the Administrat ion how ever it s an option that may need to be considered. Fuel Tank Although the tank is only sited 1.1m from the front boundary, it is self-bunded and removable. It is noted that the re-submitted plans do not define a setback of the tank to the road reserve and the set back to the adjoining western boundary. It is noted that no minimum standard has been established in the Scheme for the siting of fuel tanks. Accordingly, applications are determined on individual merit. However, the Shire’s Health Section advises that a risk assessment of the proposed storage arrangements should be undertaken along with a condition requiring compliance with the relevant Australian standards to include ‘AS1940-2004 The storage and handling of flammable and combustible liquids.’ Given the industrial nature of the locality and the operations of the Beadon Bay Port, it is possible that the location and siting of the tank (subject to operational conditions) could be in compliance with the Scheme. Subject to the Applicant providing to the satisfaction of the Shire, a risk assessment and plans reflecting:

i. the position and setback of the tank to boundaries; ii. a dual access crossover; iii. parking arrangements within the site; and iv. the remaining frontage of being fenced (1.8m chain mesh) to the Shire’s requirements.

the matter should be referred back to Council to determine whether the application for a fuel tank is compliant with the provisions of the Scheme. Fuel pump/bow ser The fuel pump/bowser is of concern to the Shire due to its location being some 0.2m from the road reserve and impacts as follows: • Potential for fuel spills on the road reserve (noting that the road reserve abutting the fuel

pump/bowser and the road is earth (resulting in any spillage soaking into the road reserve). • Likelihood of vehicles fuelling within the road reserve. • How practically larger articulated commercial/transport vehicles would enter the site,

manoeuvre internally and exit in a forward direction? The Applicant has advised that a new chain mesh fence is proposed some 3m along the frontage to the road reserve (from the east boundary) in order to “.....prevent vehicles at bowser from entering road reserve from the bowser location as well as preventing vehicles from parking in road reserve”. It is suggested that the design of the fuel pump/bowser (being two hoses) and location is intended to provide the opportunity to serve vehicles parked both within the site and Beadon Creek road reserve. In addition, photographs in ATTACHMENT 13.4E (taken 7 December 2012)


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clearly show B Double sized vehicles entering Lot 597 from the east via from Lot 460 (reserve vested with the Department of Transport) to the fuel pump/bowser. With the proposed fencing shown on the revised submitted plan, such access to the fuel pump/bowser is unlikely to be available in the form shown in the photograph of 7 December 2012. It would also appear that due to the configuration of buildings, parking, structures and fencing (existing and proposed) on Lot 597, it is considered unlikely that similar articulated transport vehicles would be able to access the fuel pump/fuel pump/bowser as proposed on the plan. Accordingly, such vehicles would need to park in the road reserve. It is the Shire’s view that no reasonable fencing arrangement to Beadon Creek Road reserve would prevent fueling vehicles from the road reserve. On this basis, it is recommended that the retrospective planning application for the fuel pump/bowser be refused. However, refusal would not necessarily lead to the removal of the fuel pump/bowser and associated pipeline and electrical works. Accordingly, it is recommended that the land owner and Drilline Pty Ltd be instructed to:

• immediately cease using the bowser; and • remove the fuel pump/bowser and associated pipeline and electrical works within 30 days

(or longer if agreed by the Chief Executive Officer provided a schedule of removal is provided by the land owner and Drilline Pty Ltd).

Should the fuel pump/bowser continue to be used and works not be satisfactorily removed, the Chief Executive Officer should be instructed by Council to initiate the necessary legal action. Consultation Chief Executive Officer A/Executive Manager - Technical Services Executive Manager - Strategic and Economic Development It should be noted that the Applicant was advised of the likely position of the Shire Administration prior to referring the matter to Council. Without prejudice, the Application sought some direction as to where a bowser could be supported on site. It is likely that a new application that places the bowser within the lot and where vehicles can be fueled totally within the boundary of the lot could be supported by the Shire. Statutory Environment Shire of Ashburton Local Planning Scheme No. 7 (‘Scheme’) Planning and Development Act 2005 Criminal Procedure Act 2004 Rights of appeal are also available to the Applicant under the Planning and Development Act 2005 (as amended) against the decision of Council. Financial Implications There are no financial implications relevant to this matter. However, should the matter result in the removal of the fuel pump/bowser been referred to the State Administrative Tribunal (SAT) or the courts, it is anticipated that legal costs will arise. Although legal matters are budgeted for, should any excessive costs be attributed to the matter, a further report would be referred back to Council. It should be noted that although it is not normally possible to achieve costs from SAT, the Shire would seek costs if the matter ultimately was referred to the courts.


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Strategic Implications Shire of Ashburton 10 Year Community Plan 2012-2022 Goal 04 – Distinctive and Well Serviced Places Objective 03 – Well Planned Towns Policy Implications There are no policy implications relevant to this matter. Voting Requirement Simple Majority Required Council Decision MOVED: Cr R Yuryevich SECONDED: Cr That Council: 1. Subject to the Applicant providing the following information to the satisfaction

of the Shire within 30 days of the date of correspondence from the Shire, the matter be referred back to Council to determine whether the application for a fuel tank at Lot 597 Beadon Creek Road, Onslow as provided for on the submitted plan (ATTACHMENT 13.4D) is compliant with the provisions of the Shire of Ashburton Local Planning Scheme No. 7:

a) Risk Assessment The operator shall undertake a risk assessment by an appropriately qualified person of the fuel tank that takes into account the commodities stored and any implications on nearby properties (e.g. from fire and spillages) and Beadon Bay Road reserve and shall submit to the satisfaction of the responsible authority. b) Amended plans As a result of the risk assessment, the operator shall provide the Shire with plans reconfigured to accurately define:

i. the position and setback of the tank to boundaries;

ii. a dual access crossover; iii. parking arrangements within the site; and iv. the remaining frontage of being fenced (1.8m chain mesh) to the Shire’s

requirements. 2. Retrospective Planning Application for a fuel pump/bowser as provided for on

the submitted plan (dated 14/01/13) at Lot 597 Beadon Creek Road, Onslow is not considered to be compliant with the provisions of the Shire of Ashburton Local Planning Scheme No. 7.

3. REFUSE Retrospective Planning Application for a fuel pump/bowser as

provided for on the submitted plan (ATTACHMENT 13.4D) at Lot 597 Beadon Creek Road, Onslow be refused on the following grounds:

a) The development proposal is not consistent with Clause 1.6 Scheme


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Objectives of Local Planning Scheme No. 7, in particular:

“(e) To provide areas and development standards for local industrial and mixed business development”.

b) The development proposal is not consistent with the purpose and intent of Clause 5.9 of Local Planning Scheme No. 7, which pertains to addressing matters including:

“(a) the aims and provisions of this Scheme and any relevant Town

Planning Scheme operating in the district including any regional planning Scheme,

(h) the capacity of the site and surrounding locality to support the development including:

(i) access, egress, unloading, manoeuvring and parking of

vehicles (ii) traffic generated from the development (iv) public and utility infrastructure and community services (v) whether adequate provision has been made for access for

pedestrians, cyclists and disabled persons (vi) impact of the development on the amenity of the locality (v) any relevant submissions or objections received or sought on

the application. (vi) any other planning consideration that Local Government

considers relevant.

(l) the compatibility of a use or development with its setting; (m) any social issues that have an effect on the amenity of the locality; (o) the likely effect of the proposal on the natural environment and any

means that are proposed to protect or to mitigate impacts on the natural environment;

(s) the relationship of the proposal to development on adjoining land or

on other land in the locality including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the proposal;

(v) any other considerations which the Local Government considers

relevant to the Scheme purpose and aims in clauses 1.5 and 1.6, and (x) any other planning consideration that Local Government considers

relevant.”

c) The siting of the fuel pump/bowser will result in:

i) the increased potential for fuel spills on the road reserve (noting that the road reserve abutting the fuel pump/bowser and the road is earth (resulting in any spillage soaking into the road reserve); and

ii) necessitating vehicles fuelling from outside Lot 597 and within the

within the road reserve.


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4. Authorise the Chief Executive Officer to instruct the land owner of Lot 597 Beadon Creek Road Onslow and occupier of the lot (and Drilline Pty Ltd) to:

i) to immediately cease using the bowser; and ii) remove the fuel pump/bowser and associated pipeline and electrical

works within 30 days from the date of being notified in writing (or longer if agreed by the Chief Executive Officer provided a schedule of removal is provided by the land owner and Drilline Pty Ltd).

5. Should the bowser be used and/or the removal of the fuel pump/bowser and

associated works as referred to in 5. above not be undertaken to the satisfaction of the Chief Executive Officer, the Chief Executive Officer is instructed to initiate the necessary legal action for it to be removed.

CARRIED 1/0


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13.5 DEVELOPMENT APPLICATION - FINAL STAGE OF MOTEL/RESTAURANT DEVELOPMENT, LOT 447 THIRD AVENUE, ONSLOW.

MINUTE: 11439 FILE REFERENCE: ON.TH.447 AUTHOR’S NAME AND POSITION:



Property Development Solutions




Agenda Item 13.3, Minute No. 11418 Ordinary Meeting of Council 23 January 2013 Agenda Item 13.7, Minute No. 11096 Ordinary Meeting of Council 16 December 2011 Agenda Item 13.07.45, Ordinary Meeting of Council 20 July 2011 Agenda Item 13.09.53, Ordinary Meeting of Council 15 September 2009

Summary At the Ordinary Council meeting of 15 September 2009, Council issued planning approval comprising 48 Motel units and 210m2 Restaurant at Lot 447 Third Avenue, Onslow. Save for the restaurant, the development has been completed. In November 2011, a further Planning Application for 34 two storey tourist units and restaurant was lodged replacing the existing single story units fronting (unmade) First Avenue and restaurant as approved by Council on 15 September 2009. The floor level proposed by the application is 5.12m AHD. The Application failed to provide the necessary detail assessment concerning impacts on the proposed development from potential flooding and storm surge. Under the Scheme, the Shire had 60 days to determine the Application which would have expired before Council met in February 2012. The land is zoned Commercial and Civic and within the Onslow Coastal Hazard Area under the Shire of Ashburton Local Planning Scheme No. 7 (‘Scheme’). To assist the Applicant and to provide the necessary Council direction, the matter was considered at the Ordinary meeting of 16 December 2011 where the Applicant was advised that an assessment, addressing the impact of potential flood and storm surge events on the proposed development was required. In addition, the CEO was authorised to determine the Application subject to compliance with the relevant provisions of the Scheme and Council Policies.


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In September 2012 the Applicant has provided the Shire with a report, prepared by JDA Consultant Hydrologists. JDA make reference to a ‘Karratha Coastal Vulnerability Study‘ and support the floor levels of the Application. Since the 16 December 2011 decision of Council, the issue of flooding and storm surge has been examined under draft Scheme Amendment No. 24 where clarification on minimum floor levels has been addressed. The Application was referred to the 23 January 2013 Ordinary meeting of Council for determination. The Shire recommendation was to refuse the application largely on grounds associated with the necessary finished floor levels of the development. Council resolved to lay the item on the table until the next available Ordinary Meeting of Council and prepare (for discussion purposes) an alternate Recommendation that addresses the concerns raised by the applicant and which provides draft conditions of Planning Approval that amongst other things: “a. no time limit for use and operation of any approved development; and b. a legal arrangement in the form of a memorial on title and other appropriate

instrument that ensures that in perpetuity, the land owner recognizes the potential impact from sea level rise on any development subject of Item 13.3 and absolves the State of Western Australia and Shire from any liability in the event of damage caused by such an event.”

The Report before Council addresses the above resolution along with parking and other planning matters and provides the means by which Council can approve the application subject to conditions. Background Shire of Ashburton Local Planning Scheme No. 7 The Shire of Ashburton Local Planning Scheme No. 7 (‘Scheme’) includes special control area provisions that are another form of overlay to zoning. Special control areas are put in place to impose a particular development assessment process and impose restrictions on the use of land or the form of physical development, which can be approved. Specifically, the ‘Onslow Coastal Hazard Area Special Control Area’ provision under Clause 7.1.1 of the Scheme was originally identified by the former Department of Planning and Urban Development in the Onslow Coastal Plan (1994). This plan recommended town planning schemes indicate the area on maps and incorporate provisions relating to minimum development standards. Clause 6.20 of the Scheme relevant to Flood and Storm Surge Prone Land states:

“6.20.1 When considering applications for planning approval Council shall have regard to the requirements for the Onslow Coastal Hazard Special Control Area in clause 7.3.”

Clause 7.3 of the Scheme relevant to the Onslow Coastal Hazard Area states:

“7.3 Onslow Coastal Hazard Area 7.3.1 The Special Control Area applies to all land up to 4m AHD in the coastal zone

and 5m AHD in the frontal dune areas of the townsite, between Four Mile


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Creek in the south-west and Beadon Creek in the north-east. 7.3.2 Applications for planning approval for land within the Special Control Area

shall be assessed in the context of coastal plans, where these have been prepared and endorsed by the WAPC, for each sector of the Special Control Area and development shall conform with the requirements of the endorsed plan.

7.3.3 Applications for planning approval not in conformity with the plan shall be

referred to the Ministry for Planning and the Registrar of Aboriginal Sites for advice.

7.3.4 In areas not subject to clause 7.3, and Local Government considers the form

of development the subject of a planning application to be potentially incompatible with and prone to flood and storm surge events, it may have regard for information about these events and may approve, with or without conditions, or refuse proposals at its discretion.

7.3.5 Local Government shall consult with the relevant agencies regarding the most

up-to-date information available about potential flood and storm surge events as relevant to the land subject to particular applications for planning approval.7.3.6 Local Government may require applications for planning approval to include an assessment, prepared to its satisfaction, of the impact of potential flood and storm surge events on the proposed development.

7.3.7 After receipt of advice or recommendations from the agencies referred to in

subclause 7.3.3, the Local Government may, notwithstanding any other provision of the Scheme:

(a) approve the development proposal, (b) refuse the development proposal, or (c) approve the development proposal subject to conditions, which may

include the requirement to prepare and implement a foreshore management plan.

7.3.8 In considering applications for planning approval, Local Government shall

have regard for the following matters:

(a) That development and redevelopment be permitted in the hazard area subject to floor levels being raised above 4m AHD in the coastal zone areas and 5m AHD in the frontal dune areas of the townsite between Four Mile Creek in the south west and Beadon Creek in the north east.

(b) That any new commercial or tourist development shall be raised to comply with the 4m AHD floor level requirement in the coastal zone or 5m AHD requirement in the frontal dune areas of the townsite, between Four Mile Creek in the south west and Beadon Creek in the north east.

(c) That non-habitable permanent structures such as ablution facilities in caravan parks shall be permitted to have floor levels at the existing ground level.

(d) That any land filling shall be subject to an assessment of impact on the drainage pattern so as to retain the natural drainage to Beadon Creek.

(e) That any building development or building alteration approval in the hazard area be endorsed with the following:


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“The developer undertakes to absolve the State and the Local Government Authority from liability and hence financial relief in the event of damage caused by natural events”.

(Note: Reference to the Registrar of Aboriginal Sites in Cl 7.3.3 is considered to be typographical error in the Scheme). The urban form of Onslow over many years has significantly modified the extent of the dunal system to the point where it is difficult to define. Accordingly, there is some conjecture as to where the “frontal dune areas of the townsite” as referred to in Sub Clause 7.3.1 actually exists. The Western Australian Planning Commission (WAPC) prepared and adopted the ‘State Planning Strategy’ in 1997. It sets out the key principles relating to environment, community, economy, infrastructure and regional development which should guide the way in which future planning decisions are made. In June 2003, the Western Australian State Government released Statement of Planning Policy No. 2.6 - The State Coastal Planning Policy (SPP 2.6). The SPP 2.6 provides guidance for new development, including subdivision and strata subdivision, on the Western Australian coastline. At the February 2012 meeting, Council was advised that some modification to the minimum AHD was likely due to a review undertaken by LandCorp and other State Agencies. This review was still to be finalised and a draft Local Planning Policy was adopted by Council requiring any applicant within the ‘Onslow Coastal Hazard Area Special Control Area’ to undertake an assessment in accordance with Clause 6.20.4. LandCorp, as part of its investigations for the release of land for residential, commercial and industrial development within and around the existing Onslow Townsite, commissioned specialist coastal and ports engineers M P Rogers & Associates Pty Ltd (‘MRA’) to assess the appropriate setback to account for the action of physical coastal processes in line with the State Government’s SPP 2.6 as well as to investigate potential coastal inundation in order to determine the appropriate development levels. MRA are a very well known and respected coastal and ports engineering company, particularly in Western Australia. The MRA report has been completed and is titled: “Onslow Townsite Planning Coastal Setbacks & Development Levels” (‘Report’). In January 2012, LandCorp provided the Shire with a copy of the MRA Report and its findings have significant implications for existing and future development of Onslow. The Report recommendations are as follows:

“The total recommended setbacks to allow for the action of physical coastal processes were calculated to range from 30 m for the area protected by the seawall up to 372 m for the land adjacent to 4 Mile Creek. Given the large setbacks determined in some locations, consideration could be given to methods for reducing these distances. If the low lying regions located near Beadon Creek were raised to a suitable height the elevated water levels associated with the design event would not penetrate as far inland. This would greatly reduce the S1 {Severe Storm Erosion} component of the PPS and could allow for greater development of the area. This low lying area could also be considered for the construction of facilities that have their own protection systems such as marinas. This would allow the development of land that might otherwise have remained unused. Coastal inundation modelling was conducted using data obtained for Tropical Cyclone Vance. This data was scaled up to obtain the 100 yr ARI design event conditions. This inundation modeling showed that elevated water levels of +5.0 mAHD for current


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day and +5 .9 mAHD for 2110 (including a 0.9 m allowance for sea level rise) could occur for the design event. Inundation plans for these water levels were produced and are attached as Appendix E and Appendix F. These inundation plans showed that large areas of Onslow and its surrounds are vulnerable to inundation. Care must be taken to ensure that any future development is located safely above these inundation levels. MRA recommend that any future residential or non emergency response infrastructure have a finished floor level of +6.4 mAHD, which includes a factor of safety of 0.5 m above the predicted design inundation at 2110. For critical or emergency response infrastructure it is recommended that this factor of safety be increased to 1.5 m, resulting in a recommended finished floor level of +7.4 mAHD.”

The Shire has reviewed the MRA Report and concluded that in order to reflect the requirements of SPP 2.6 and 3.4 that a finished floor level for residential or non emergency response infrastructure (i.e. essentially all residential landuse) of 5.9mAHD is necessary (rather than 6.4mAHD). At the Ordinary Council meeting of 16 May 2012, Council resolved to initiate draft Amendment (AM) 24 which seeks to provide the opportunity to allow development to occur that reflects the direction of State Planning Policy 2.6 and 3.4. Importantly, the draft provisions acknowledge a different development level requirement for commercial and residential development, with the commercial development on the ground floor above the 50 year ARI development level. The advertising of the Amendment was adopted by Council on 23 January 2013 after the response from the EPA. Subject site The 8,463m2 site at Lot 447 Third Avenue, Onslow had been used for low key tourist use for many years. Land adjoining to the south is Lot 654 which is owned by the Shire and occupied by aged persons units (‘Carinya Units’). The land is essentially at two levels, with sealed parking and access is from Third Street.

Arial photo courtesy of LandGate


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Consideration of Development Applications on the subject land 15 September 2009 Council issues planning approval for development comprising 48 Motel units and 210m2 Restaurant at Lot 447 Third Avenue, Onslow. The land is zoned Commercial and Civic zone and within the Onslow Coastal hazard Area under the Shire of Ashburton Local Planning Scheme No. 7 (‘Scheme’). Save for the restaurant, the development has been completed. July 2011 The Applicant requested that Council remove a condition requiring an acoustic fence to the adjoining aged person units:

“The design, materials and colours of all fencing are to be to the satisfaction of the Shire of Ashburton. Fencing of adjoining Lot 654 shall consist of an appropriate acoustic materials, a minimum 1.8 metres in height (above 5AHD) and be designed to protect the amenity of adjoining dwellings. Details to be submitted prior to or with the building licence application.”

Council resolved that the condition would stay. The acoustic fence is yet to be completed and has been secured by a $30,000 bond (from the applicant). November 2011 A further Planning Application was lodged replacing the existing single story units fronting (unmade) First Avenue and restaurant as approved by Council on 15 September 2009. The Application and plan/elevations comprise the following:

• 34 two storey single bedroom self contained units (43m2 per unit comprising main bedroom suite, living/dining area, kitchenette with sink, dishwasher, microwave, stove and fridge, an ensuite with shower, toilet, vanity and incorporating washing machine and clothes dryer);

• Each unit is to be divided into a main bedroom suite; • 124 car parking spaces; and • Restaurant/reception.

The floor level proposed by the application is 5.12m AHD.

ATTACHMENT 13.5A

The Application failed to provide the necessary detail assessment concerning impacts on the proposed development from potential flooding and storm surge. Under the Scheme, the Shire had 60 days to determine the Application which would have expired before Council met in February 2012. 16 December 2011 To assist the Applicant and to provide the necessary Council direction, the matter was considered at the Ordinary meeting of 16 December 2011 where Council determined as follows: “That Council request the Chief Executive Officer to: i Require the applicant for 34 motel units and restaurant at Lot 447 Third Avenue,

Onslow to provide an assessment, prepared to the Chief Executive Officer’s


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satisfaction, addressing the impact of potential flood and storm surge events on the proposed development in accordance with Clause 6.20.4 of the Shire of Ashburton Town Planning Scheme No. 7.

ii Determine the Application for 34 motel units and restaurant at Lot 447 Third Avenue,

Onslow subject to compliance with the relevant provisions of the Scheme and Council Policies.”

September 2012 The Applicant has provided the Shire with a report, prepared by JDA Consultant Hydrologists. JDA make reference to a ‘Karratha Coastal Vulnerability Study‘ and support the floor levels of the Application. November 2012 The Shire to the Applicant proposing a condition relating to finished floor levels in the following terms: “Where the commercial development is 5.9m AHD or less, it will either be removed or adapted or other arrangements to the requirements of the responsible authority by 31 December 2060. All electrical fuse boxes and substations shall be at a minimum of 5.9 AHD.” 23 January 2013 The Application was referred to the 23 January 2013 Ordinary meeting of Council for determination. The Shire recommendation was to refuse the application largely on grounds associated with the necessary finished floor levels of the development. Council resolved as follows: “That Council: 1. That Item 13.13 be laid on the Table until the next available Ordinary Meeting of

Council. 2. That the Chief Executive Officer be requested to:

i. prepare (for discussion purposes) an alternate Recommendation to Item 13.13 that addresses the concerns raised by the applicant and which provides draft conditions of Planning Approval that amongst other things:

a. no time limit for use and operation of any approved development; and b. a legal arrangement in the form of a memorial on title and other appropriate

instrument that ensures that in perpetuity, the land owner recognizes the potential impact from sea level rise on any development subject of Item 13.3 and absolves the State of Western Australia and Shire from any liability in the event of damage caused by such an event.

Applicant’s position As noted above, the Shire has advised the Applicant that in order to reflect the requirements of the Scheme and SPP 2.6, the Shire would be seeking to include the following condition on any planning approval:


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“Where the commercial development is 5.9m AHD or less, it will either be removed or adapted or other arrangements to the requirements of the responsible authority by 31 December 2060. All electrical fuse boxes and substations shall be at a minimum of 5.9 AHD.” This condition has been included in two separate planning approvals within Commercial and Civic zone and within the Onslow Coastal Hazard Area under the Scheme issued by the State Government’s Pilbara Joint Development Assessment Panel. In both applications, the Applicant voluntarily accepted the condition as part of a planning approval. In recent correspondence to the Applicant from their legal advisor (and provided to the Shire), the position of the Applicant to the inclusion of the above draft condition was responded as follows: “This condition is unacceptable to MI for two reasons: 8.1 First, it potentially has the effect of rendering the bottom floor of the building unusable

from 1 January 2061 onwards. 8.2 More immediately, it affects the capacity to obtain finance for the construction of stage 3. 9 MI would prefer not to increase the finished floor level to 5.9 metres AHD for two main

reasons: 9.1 The higher floor levels would not work well operationally, given that stages 1 and 2 of the

development, which are already constructed, are at a lower level. 9.2 The higher levels will require significant earthworks, and given the fact that stages 1 and

2 are already constructed, will require the re-laying of services including drainage. This would be prohibitively expensive.”

Correspondence from the Applicant’s legal adviser can be found in ATTACHMENT 13.5B (and from the Applicant (ATTACHMENT 13.5C) where part of the conclusion states:

ATTACHMENT 13.5B ATTACHMENT 13.5C

“33. The condition does not satisfy any of the general considerations set out in clause 5.9 of

TPS7. The land is not, in the immediate or medium term (given the normal life cycle of a commercial building) unsuitable for the development. In addition, clearly, if it became unsuitable, the landowner would adapt or remove the building of its own volition (for insurance and safety reasons), rather than rely upon a condition requiring it to do so.”

Council request for legal agreement As noted, in considering the Item 13.3 of the Council Agenda concerning this Application, Council on 23 January 2012 resolved to require the Shire to provide a further Report addressing: “.... a legal arrangement in the form of a memorial on title and other appropriate instrument that ensures that in perpetuity, the land owner recognizes the potential impact from sea level rise on any development subject of Item 13.3 and absolves the State of Western Australia and Shire from any liability in the event of damage caused by such an event.” Such arrangements will need to be embodied in conditions of any planning approval as follows:


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X Prior to occupation of the development, the landowner shall enter into an agreement with the Shire of Ashburton (with the landowner responsible for all associated legal and title costs) that ensures that in perpetuity a land owner:

1 is made is aware of the potential impact from sea level rise, potential flood and

tidal surge on the land; 2 that development on the land may be detrimentally impacted by such sea level

rise, potential flood and tidal surge; and 3. the State of Western Australia and local government is absolved from any liability

in the event of damage caused by such events. Other Planning Issues Setback to First Avenue Between 26 & 28 July 2011 the Shire hosted a LandCorp inspired ‘enquiry by design’ process (also referred to as a ‘charette’) in Onslow. Several land planning and design workshops and focus groups sessions were undertaken to explore potential development needs for Onslow. Although a finalised concept plan for the commercial area of Onslow is still to be produced, it is possible that in the future, First Avenue could be constructed such that it continues in front of Lot 447. In this regard, it is appropriate that any plans endorsed take this possibility into account and buildings set back accordingly. Building Design The building design generally reflects the existing development and as part of the Shire’s Local Planning Policy - Onslow Interim Design Guidelines. Parking Parking (General) The submitted plans provide for 124 car spaces, of which 106 are located on site and 18 located within the Third Street road reserve immediately adjacent to the restaurant and reception area. Under the Scheme, the parking provision for ‘Motel’ is one (1) bay per unit plus one bay per every five (5) units for visitors. For a Restaurant, the Scheme requires one (1) bay per six square metres of dining area. In calculating the ‘dining area’, it is considered reasonable to include the balcony area in the calculation as it is most likely given the location to the beach/sea that dining activity would take place on most of the balcony areas. Although the Scheme does not define parking in terms of ‘patrons’, it is reasonable to consider the Applicants’ suggestion. Other local governments such as Busselton and Geraldton-Greenough use a modified calculation of 1 space per 4 seats/6m2 of public area. Clause 6.17.3 of the Scheme does provide the opportunity for ‘cash-in-lieu’ contributions for car parking however the Shire is yet to establish a ‘cash-in-lieu’ parking scheme for Onslow. Under the Scheme, the minimum dimension of a car bay is 2.5mx 5.5m with a reversing area of 6.0m. A disabled bay is 3.0m x 5.5. When considering parking for the original Planning Approval in September 2009, Council did not have any specific parking Policy for Onslow. In


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July 2011, Council adopted Local Planning Policy – Interim Car Parking Provisions (Onslow) that provide parking incentives for the Onslow townsite as follows:

• Where the development area is 2000m2 NLA or less, Council may accept up to a maximum of 20% of the car parking requirement to be located within the Shires road reserve, as directed by Council.

• Where the development area is 2001m2 NLA or more, Council may accept a maximum of 10% of the parking requirement to be located within the Shires road reserve, as directed by Council.

In this regard, payment of $4,800 per space would be paid for parking in the road reserve. However, the developer would be required to construct the road reserve parking as they will be the sole beneficiary of the parking arrangement. Parking (motel) The total car parking for the motel development (82 existing and proposed units) plus site manager’s office and is calculated to be 99 spaces. Parking (restaurant) The plan accompanying the Application defines the area of the ‘Restaurant/Cafe’ 360m2. The restaurant originally approved in 2009 was 260m2 in area (or 197m2 excluding kitchen, toilets, reception). From the Scheme, the provision of parking pursuant to Appendix 8 for a Restaurant is “one space per six square metres of dining area”. In calculating the ‘dining area’, it is considered reasonable to include the balcony area in the calculation as it is most likely given the location to the beach/sea that dining activity would take place on most of the balcony areas. The kitchen area is approximately 60m2 with the toilets calculated at approximately 30m2. Accordingly, the area available for dining (including bar), but excluding the kitchen, toilets and reception is considered to be approximately 270m2, which would generate the need for 45 car spaces. The plan will need to be revised to reflect a disabled bay (3.0m x 5.5) in immediate proximity to the restaurant. The Applicant has suggested that it would be acceptable to limit the number of Restaurant customers to 104 patrons. The number of patrons could be limited to 104 patrons as a condition of any Approval and can also be reflected in any Liquor Licence Approval, as the views of the Shire will be sought by Liquor, Gaming and Racing. Although the Scheme does not define parking in terms of ‘patrons’, it is reasonable to consider the Applicants’ suggestion. Accordingly, the Restaurant use would need to reflect 26 spaces for 104 patrons/diners. Parking (total) Total parking required for the motel/restaurant is 125 spaces. The Applicant has sought to have 18 bays in the Third Street road reserve and to construct these at the developer’s cost. It relation to the having on street parking, Local Planning Policy – Interim Car Parking Provisions (Onslow) does provide this opportunity to seek such an arrangement for the Shire. The 18 spaces falls within the direction of the Policy (although the Shire’s calculation will require 19 spaces). However, the spaces will not be for the exclusive use of the restaurant or the motel. In addition, the Policy requires the payment of $4,800 per bay ($91,200). There would be an opportunity for the Shire and developer to negotiate


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development of the bays, but this is an operational role of the Shire and not one for considering the planning application. Conclusion The Application before Council is considered to be appropriate based on design and parking. Although the Administration has sought to reflect Minute No 11418, it should be emphasised that the Administration is concerned at issuing an approval for the proposed development and not including a review period as provided for in draft Scheme Amendment No. 24 and as indicated to the Applicant in November 2011. Consultation A/Chief Executive Officer A/Executive Manager - Technical Services Statutory Environment Planning and Development Act 2005 Financial Implications There are no financial implications relevant to this matter. Strategic Implications Shire of Ashburton 10 Year Community Plan 2012-2022 Goal 04 – Distinctive and Well Serviced Places Objective 03 – Well Planned Towns Policy Implications There are no policy implications relevant to this matter. Voting Requirement Simple Majority Required Council Decision MOVED: Commissioner R Yuryevich That Council: 1. Raise Agenda Item 13.13, Minute: 11418 of the Ordinary Meeting of Council 13

January 2013 DEVELOPMENT APPLICATION - FINAL STAGE OF MOTEL/RESTAURANT DEVELOPMENT, LOT 447 THIRD AVENUE, ONSLOW.from the Table.

CARRIED 1/0


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Council Decision MOVED: Commissioner R Yuryevich That Council: 1. APPROVE Planning Application for 34 motel units and restaurant at Lot 447

Third Avenue, Onslow (generally in accordance with plans as provided with the application) and subject to the following conditions:

1. The use shall not commence until the landowner has entered into an

agreement with the Water Corporation for the supply of sufficient reticulated water to the land in order to serve the development to the requirements of the Water Corporation and to the satisfaction of the responsible authority.

2. The development is to be generally carried out in accordance with the plans

provided with the Application and modified to the requirements of the responsible authority as follows:

i. 125 car parking spaces on site and within the Third Street road reserve; ii. all ‘two way’ access was have a minimum width of 6m; iii. all parking bays and reversing areas comply with the minimum

requirements of the Shire of Ashburton Local Planning Scheme No. 7; iv. details on any proposed parking security arrangements; and v. disabled parking in the immediate vicinity of the restaurant;

Plans are to be reconfigured to the satisfaction of the responsible authority taking into the above requirements and when endorsed by the responsible authority shall become the amended plans.

3. This Planning Approval lapses if the development is not substantially

commenced by 13 February, 2018 and/or a reticulated water supply is not available to service the development by this date.

4. Prior to commencement of the development, a Construction Management Plan

shall be prepared to the satisfaction of the responsible authority and endorsed to this Planning Approval. This plan is to address:

i. noise; ii. hours of construction; iii. traffic management; iv. parking management to allow operation of the existing commercial

development; v. access management; vi. management of loading and unloading of vehicles; vii heavy vehicle access; viii dust; ix. protection of trees; and x. any other relevant matters.

The requirements of this plan to be observed at all times during the construction process.


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5. Prior to the commencement of the development, the landowner shall pay the Shire of Ashburton $91,200 (plus CPI should the development not commence within 12 months from the date of this Planning Approval) as payment for 19 off site car parking spaces in accordance with the Shire’s Local Planning Policy – Interim Car Parking Provisions (Onslow).

6. Prior to occupation of the development, the landowner shall enter into an

agreement with the Shire of Ashburton (with the landowner responsible for all associated legal and title costs) that ensures that in perpetuity a land owner: i. is made is aware of the potential impact from sea level rise, potential

flood and tidal surge on the land; ii. that development on the land may be detrimentally impacted by such sea

level rise, potential flood and tidal surge; and iii. the State of Western Australia and local government is absolved from

any liability in the event of damage caused by such events.

7. Prior to the commencement of development, the following matters shall be submitted to the requirements and approval of the responsible authority and when endorsed by the responsible authority shall become the amended plans:

i. An internal and external lighting plan detailing all security and safety

lighting in communal areas. The lighting shall be installed in full in accordance with the approved details prior to the occupation of the development hereby approved, and thereafter maintained.

ii. Full details of the colour, design and installation of the metal screens to

be provided to the balconies and windows of the development. All screens are to be installed in accordance with the approved details and thereafter maintained.

iii. A stormwater management plan prepared by a certified practising

Hydraulic Engineer and includes an analysis of the existing hydrology of the site, having regard to and addressing the method of disposal of ground water for the disposal and management of stormwater. All methods for the disposal and management of stormwater are to be contained on site unless expressly permitted by the responsible authority.

iv. As part of the stormwater management plan the following matters to be

addressed:

(a) the existing capacity of the Town’s stormwater infrastructure and its ability to cope with the additional demand placed upon it by the proposed development; and

(b) the method, flow rate and volume of stormwater proposed for

connection/discharge into the Town’s stormwater system.

v. All approved drainage and stormwater infrastructure shall be installed during construction and prior to the completion of the development, and thereafter maintained and operated in accordance with the approved


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Stormwater Management Plan at the applicant/owner’s cost.

8. The design, materials and colours of the proposed development are to be to the satisfaction of the responsible authority.

9. A geotechnical report covering the development area being prepared by the

applicant at the applicant’s cost and to the satisfaction of the responsible authority. The report to be lodged with the building licence application, together with certification from a structural engineer that the design is suitable for the site conditions as outlined in the geotechnical report.

10. The submission of a landscape plan to the satisfaction of the responsible

authority. The Plan should indicate:

• the location and type of fencing to be installed; and • 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.

11. Prior to occupation of the development the following shall be undertaken to

the requirements of the responsible authority where once approved, the arrangements will be endorsed to this Planning Approval.

i. Bicycle-parking facilities for a minimum of 3 bicycles are to on site in

accordance with Australian Standard AS 2890.3. ii. Management of audible reversing warning systems. Arrangements that

prohibit such systems or establish management arrangements that vehicles are reversed into parking spaces.

iii. An emergency response plan/s (i.e. fire escape route maps, evacuation

contingency associated with cyclone threat etc). iv. The landscaping and reticulation is to be established in accordance with

the approved plan(s) prior to occupation of the development and thereafter maintained to the satisfaction of the responsible authority.

v. The development shall be connected to a reticulated water supply and

sewerage system to the requirements of Water Corporation. vi. All external fixtures, including but not restricted to air-conditioning units,

satellite dishes and non-standard television aerials, but excluding solar collectors, are to be located such that they are not visible from the street.


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vii. The provision on-site of not less than a total of 125 parking bays for the overall all development with parking area(s), driveway(s) and point(s) of ingress and egress [including crossover(s)] to be designed, constructed, sealed, drained, marked and thereafter maintained.

12. Not less than eight (8) unrestricted car parking spaces will be available on the

land for the use of the Restaurant (including one (1) disabled bay).

13. The uses when established shall at all times comply with the definition of “Motel” and “Restaurant” as contained within the Scheme as follows:

“Motel: any land or buildings providing accommodation in a manner similar to a hotel but in which special design provision is made for easy access to rooms by patrons with motor vehicles and may or may not include an entertainment venue, Restaurant or sell liquor”. “Restaurant: a building and any associated outbuildings and grounds where food is prepared for sale and consumption on the premises and includes cafes and coffee houses and may or may not be licensed to sell liquor”.

14. The Restaurant hereby approved shall be restricted to a maximum of 104

patrons at any one time.

Advice Notes

i. In relation to condition 5., should the landowner seek to defer payment until occupation of the development, the Shire may be prepared to accept such arrangements provided a bond or bank guarantee provided to the requirements of the Shire.

In relation to construction of the parking and/or offset the cost of the contribution specified, should the landowner seek to undertake works to the requirements and specification of the Shire, the Shire may also be prepared to accept such arrangements. In this regard, it is recommended that you discuss this further with the Executive Manager, Operations.

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 the Pilbara JDAP, 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).

iii. The Shire of Ashburton contains many places of Aboriginal Heritage

significance. Applicants are advised to consider Aboriginal heritage issues and their obligations under the Aboriginal Heritage Act 1972 at an early stage of planning. Further information can be obtained from the Department of Indigenous Affairs on 9235 8000 or at the following website: http://www.dia.wa.gov.au/Heritage/default.aspx.

CARRIED 1/0


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13.6 REQUEST FROM WATERCORP TO ESTABLISH AN EASEMENT FOR THE PURPOSE OF WATER PIPELINE OVER RESERVE 38264 (LOT 85), ONSLOW ROAD, ONSLOW

MINUTE: 11440 FILE REFERENCE: ON.OA.R.38264

AUTHOR’S NAME AND POSITION:



Water Corporation




Not Applicable

Summary WaterCorp is upgrading the water supply for Onslow. The routes of a proposed pipeline in/out of the new Onslow tank were to be in the service corridor of the new Onslow town access road. Watercorp acknowledge that the design of the access road may be some time off. Therefore a new route is being investigated through Reserve 38264 (Lot 85) vested in the Shire of Ashburton for equestrian purposes. This will require an easement be created for the pipeline. The easement will not impact the use and operation of the reserve and accordingly, the Shire has no objection to the request provided WaterCorp is responsible for all costs associated with the establishment of the easement. Background The provision of water supply services to Onslow is at capacity however, WaterCorp is upgrading the water supply to the town.

ATTACHMENT 13.6 Proposal The routes of a proposed pipeline in/out of the new Onslow tank were to be in the service corridor of the new Onslow town access road. Therefore a new route is being investigated through Reserve 38264 (Lot 85) which is vested in the Shire of Ashburton for equestrian purposes. This will require an easement be created for the pipeline. Comment Reserve 38264 (Lot 85) is earmarked to be resumed by RDL as part of the overall Onslow development planning being undertaken by LandCorp. The Water Corp easement is an


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essential, vital service and the Shire has been involved extensively in the planning of new services. It is concluded that the easement will not impact the use and operation of the reserve. However, the Shire in association with LandCorp are undertaking planning for the alignment of the new Onslow Road. It is possible (but yet to be confirmed) that the new Onslow Road may infact impact a portion of Reserve 38264 (Lot 85). In this regard, subject to clarification that the proposed pipeline does not impact the future alignment of the new Onslow Road it is recommended that no objection be offered to the request provided WaterCorp is responsible for all costs associated with the establishment of the easement. Consultation Acting Chief Executive Officer Acting Executive Manager - Technical Services Executive Manager - Community Development Executive Manager - Strategic and Economic Development Statutory Environment • Planning and Development Act; and • Land Administration Act 1995 Financial Implications There are no financial implications relative to this issue. Strategic Implications Shire of Ashburton 10 Year Community Plan 2012-2022 Goal 04 – Distinctive and Well Serviced Places Objective 03 – Well Planned Towns Policy Implications There are no policy implications relative to this issue. Voting Requirement Simple Majority Required


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Council Decision MOVED: Commissioner R Yuryevich That Council: 1. Advise WaterCorp that with respect to its request to establish an easement for

a water pipeline through Reserve 38264 (Lot 85 and vested in the Shire of Ashburton for equestrian purposes) generally as shown in ATTACHMENT 13.6, Council has no objection provided WaterCorp:

a) provides accurate plans clarifying that the proposed pipeline does not

impact the future alignment of the new Onslow Road; and

b) is responsible for all costs associated with the establishment of the easement.

CARRIED 1/0


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13.7 PLANNING APPLICATION - PROPOSED 8 UNIT MULTIPLE DWELLING AT LOT 1 (No 3) BACKBEACH ROAD, ONSLOW

MINUTE: 11441 FILE REFERENCE: ON.BB.1

20120758 AUTHOR’S NAME AND POSITION:



Evan Investments Trust Owner) D. A. Burke Builders (Applicant)




Not Applicable

Summary Application has been submitted on behalf of the owner of Lot 1 (No 3) Backbeach Road, Onslow to construct a ‘multiple dwelling’ comprising eight (8) units with six two storey and two single story units. Seven units are two bedroom with one single bedroom unit. The Shire’s Local Planning Scheme No. 7 (‘Scheme’) zones the land Residential with a Residential Design Codes (R-Code) of 12.5/30. Although the land is not located within the ‘Onslow Coastal Hazard Area’ under the Scheme, the finished floor area of all units are at 6.5m and above (5.9m is required by the Shire for residential). The higher density applies when sewer is available to the land. Residential development in Western Australia is primarily controlled through the R-Codes. The Scheme defines‘ multiple dwellings’ as a discretionary use that cannot be considered unless advertising has been undertaken. Advertising of the application (notice to all adjoining land owners and sign on site has taken place in accordance with the Scheme provisions and no submissions (objection) received. The Western Australian Planning Commission has established a Multi Unit Housing Code (MUHC) to provide for greater housing diversity, affordability and flexibility. The MUHC provides guidelines for the design of multiple unit and mixed-use developments. The Application generally reflects the MUHC provides guidelines. The Application has been assessed in accordance with the relevant provisions of the RCodes and the Scheme and is considered to be in accordance with the relevant planning provisions. It is recommended that Council approve the Application subject to conditions.


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Background Lot 1 (No 3) Backbeach Road, Onslow has an area of 1201m2 and is vacant. Multi Unit Housing Code Residential development in Western Australia is primarily controlled through the Residential Design Codes (R-Codes). The Western Australian Planning Commission (WAPC) has included a new Multi Unit Housing Code (MUHC) to provide for greater housing diversity, affordability and flexibility. The MUHC provides guidelines for the design of multiple unit and mixed-use developments and applies to development applications across the State including areas zoned R30 or higher. The MUHC does not have a minimum site area requirement for applicable developments. Instead, other factors will serve to control the number of potential dwellings on a lot, including, but not limited to plot ratio, building setbacks and height controls (see the following sections for details). The minimum unit size is also set at 40 square metres per dwelling. The potential scale of development in areas zoned R30 has building height limits of 9 metres to the top of a pitched roof or 7 metres to the top of a concealed (flat) roof (which generally provides for two storeys). Site Coverage The MUHC acceptable development standard for site coverage in R30 is a maximum of 50%. Overshadowing No multiple dwelling is to overshadow more than 50 percent of the outdoor living area of an adjoining property. Privacy Privacy standards remain as per the existing R-Codes for developments adjoining lots zoned R60 and below, including minimum privacy setbacks and screening requirements. Outdoor Living Areas Each dwelling is to have at least one balcony, courtyard or the equivalent, with a minimum area of 10 square metres and minimum dimension of 2.4 metres. The outdoor living area is to be directly accessible from a habitable room (such as a living area or bedroom).


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On-Site Car Parking Standards The MUHC has lower minimum car parking requirements than the group dwelling provisions of the R-Codes. The reduced MUHC car parking standards recognise that smaller dwellings and developments close to public transport options generally need fewer cars per household. Clearly however, no public transport is available to Onslow. The on-site car parking standards for the MUHC are as follows: MUHC On-Site Car Parking Standards Dwelling Type Parking Small Dwelling 1 bedroom or less than 75m2

1 bay per dwelling

Medium Dwelling 75m2 to 110m2

1.25 bays per dwelling

Large Dwelling Greater than 110m2

1.5 bays per dwelling

Visitor Parking Bays 0.25 bay per dwelling Proposal Lot 1 (No 3) Backbeach Road, Onslow to construct a ‘multiple dwelling’ comprising eight (8) units comprising with six two storey and two single story units. Seven units are two bedroom with one single bedroom unit. Specifically, the proposal seeks the following unit/bedroom arrangement: • two bedroom - units 1, 5 and 6 (ground floor with the area of all units being 74m2) • single bedroom - unit 4 (first floor with an area of 49m2) • two bedrooms - units 2, 3, 7, and 8 (first floor with units 2, 7 and 8 having areas of 74m2

and unit 3 having an area of 73m2). Ten car parking spaces have been provided.

ATTACHMENT 13.7 Comment The Shire’s Local Planning Scheme No. 7 (‘Scheme’) zones the land Residential with a Residential Design Codes (R-Code) of 12.5/30. The higher density applies when sewer is available to the land. It is understood that sewer is available to the land. Residential development in Western Australia is primarily controlled through the R-Codes. The Application is assessed against the WAPC’s Multi Unit Housing Code (MUHC) guidelines for the design of multiple unit and mixed-use developments as follows: Site Coverage Maximum Proposed 50% site coverage 50%

The Application complies with the MUHC acceptable site coverage standards.


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Overshadowing MUHC Requirements Proposed Not more than 35% overshadowing of outdoor living areas of adjoining property.

Not shown, however the proposal is sited to the rear of the lot. Land at the west is vacant Unvested Crown Land. The proposal would be unlikely to impact adjoining (privately developed) land.

Privacy All first storey units should have privacy screening for first floor bedroom windows. Privacy standards remain as per the existing R-Codes for developments adjoining lots zoned R60 and below, including minimum privacy setbacks and screening requirements. Outdoor Living Areas MUHC Requirements Proposed Each dwelling is to have at least one balcony, courtyard or the equivalent, with a minimum area of 10 square metres and minimum dimension of 2.4 metres. The outdoor living area is to be directly accessible from a habitable room (such as a living area or bedroom).

Complies with the minimum area and access from habitable room.

On-Site Car Parking Standards MUHC Requirements Proposed Small Dwelling <75m2 per dwelling Visitor Parking Bays 0.25 bay per dwelling

Using the MUHC requirements, 10 car parking spaces are to be required (and provided).

The issue of parking is confused as the MUHC provisions are predicated on an assumption that the land is located within walking distances to a commercial area and or public transport. The Shire has not established a parking policy or Scheme provisions associated with multi-unit developments. The Scheme provisions relate to group housing developments of two (2) spaces per unit and where one space is covered However, the RCodes parking arrangement takes precedent with the absence of a specific parking provision of the scheme. However, like group housing one covered parking space should be available to each unit. Location The location of the proposed use has no particular significance and all parking generated is to be accommodated on site. Residential Amenity The proposal’s greatest potential for an adverse impact on the residential amenity of the surrounding area is noise generation and car parking. Water Supply Clause 5.9 of the scheme defines the matters that Council needs to have ‘due regard’ when determining an application. One such matter is Clause 5.9 (h): “the capacity of the site and surrounding locality to support the development including: (iv) public and utility infrastructure and community services;”


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The Shire is aware that the provision of water supply services to Onslow is at capacity. In this regard, it is possible that there could be some servicing issues with the proposal (as well as all other proposals in Onslow). It is not clear how Council should address the issue of infrastructure, especially water supply when dealing with planning applications. It would be possible to refuse applications and require the applicant to take the matter further to the State Administrative Tribunal where the application could be determined. However, this is not considered to be a reasonable approach as the Shire would incur considerable appeal costs and the provision of such services is not the responsibility of the Shire nor the applicant. It is suggested that Council continue to consider applications in Onslow on planning merit but where an approval is issued, the applicant be advised that the provision of a reticulated water supply may be limited and that they may need to supplement or provide alternate means for such supply. The Applicant is aware of the issue of water supply in Onslow and has discussed the matter with Water Corp. Traffic Implications While the proposal will not be a significant traffic generator in absolute terms, the proposed use has the potential to cause a localised problem if the parking it generates is not accommodated on-site. For this reason a requirement that adequate on-site parking spaces be provided and that all parking generated is accommodated on-site should be included in any development approval Council may decide to issue. Elevations The elevations appear reasonable as the design provides for a variation of finishes and ‘soft’ colours (grey lower sections and off white upper areas). The elevations refer to ‘possible screening for visual privacy’. It is appropriate that the screening be included in the development and the words ‘possible’ be removed for the plans and replaced with ‘screening for visual privacy to be implemented prior to occupation’. Landscaping Should Planning Approval issue, it is appropriate that landscaping be a condition of any Approval. It is clear that there would be opportunities within the parking areas and adjacent to the units. Onslow Salt operations The land is located within the operational area of Onslow Salt and in particular, the salt conveyor. Onslow Salt operates under Ministerial Statement 168 (August 1991), 401 (November 1995) and 451 (June 1997) and with respect to noise is required to implement noise control strategies to meet the requirements of Environmental (Noise) Regulations 1997. In addition, noise abatement measures were part of the conditions of Onslow Salt ‟s Part IV approval under the Environmental Protection Act 1986. The generic buffer distance for solar salt manufacturing facilities is 1 kilometre. It is considered that any potential noise impacts can be appropriately managed at the development approval stage, through noise abatement design features in dwellings, Development or Detailed Area Plan provisions or notifications on Title. Conclusions The Application represents a well-designed and configured proposal that would not detract from the site or location.


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The Application has been assessed in accordance with the relevant provision of the RCodes and the Scheme and is considered to be in accordance with the relevant planning provisions. Although the land is not located within the ‘Onslow Coastal Hazard Area’ under the Scheme, the finished floor area of all units are at 6.5m and above (5.9m is required by the Shire for residential). It is recommended that Council approve the Application subject to conditions. Consultation Acting Chief Executive Officer Acting Executive Manager Technical Services Advertising of the application (notice to all adjoining land owners and sign on site has taken place in accordance with the Scheme provisions and no submissions received. Statutory Environment • Planning and Development Act; and • Shire of Ashburton Local Planning Scheme No.7 (‘Scheme’) Financial Implications There are no financial implications relative to this issue. Strategic Implications Shire of Ashburton 10 Year Community Plan 2012-2022 Goal 04 – Distinctive and Well Serviced Places Objective 03 – Well Planned Towns Policy Implications There are no policy implications relative to this issue. Voting Requirement Simple Majority Required Council Decision MOVED: Commissioner R Yuryevich That Council: 1. APPROVE Planning Application Shire Ref: 20120758(P) for multiple dwelling at

Lot 1 (No 3) Backbeach Road, Onslow to construct a ‘multiple dwelling’ comprising eight (8) units (generally in accordance with plans as provided with the application) in accordance with Clause 5.10 of the Shire of Ashburton Local Planning Scheme No. 7 and the following conditions:

1. The use shall not commence until the landowner has entered into an

agreement with the Water Corporation for the supply of sufficient reticulated water to the land in order to serve the development to the requirements of the Water Corporation and to the satisfaction of the responsible authority.

2. The development is to be generally carried out in accordance with the

submitted plans and modified to the requirements of the responsible authority as follows:


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i. All parking/access must be designed in accordance with the provisions of the Scheme and reversing areas designed to avoid building structures;

ii. The words: ‘possible screening for visual privacy’ on the elevations be replaced with ‘screening for visual privacy to be implemented prior to occupation’; and

iii. One covered parking space to each unit.

Plans are to be reconfigured to the satisfaction of the responsible authority taking into the above requirements and when endorsed by the responsible authority shall become the amended plans.

3. This Planning Approval lapses if the development is not substantially

commenced by 13 February 2016 and/or a reticulated water supply is not available to service the development by this date.

4. Prior to commencement of the development, a Construction Management

Plan shall be prepared to the satisfaction of the responsible authority and endorsed to this Planning Approval. This plan is to address:

i. noise; ii. hours of construction; iii. traffic management; iv. parking management to allow operation of the existing commercial

development; v. access management; vi. management of loading and unloading of vehicles;

vii. heavy vehicle access; viii. dust; ix. protection of trees; and x. any other relevant matters.

The requirements of this plan are to be observed at all times during the construction process.

5. Prior to occupation of the development the land owner is to establish a

memorial on title or other instrument acceptable to the responsible authority stating:

“The land is located within an area identified as a potential noise source being the Onslow Salt operations”.

6. Prior to the commencement of development, the following matters shall

be submitted to the requirements and approval of the responsible authority and when endorsed by the responsible authority shall become the amended plans: i. An internal and external lighting plan detailing all security and safety

lighting in communal areas. The lighting shall be installed in full in accordance with the approved details prior to the occupation of the development hereby approved, and thereafter maintained.


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ii. Details to the incorporate architectural treatments to minimise noise impacts from Onslow Salt operations.

iii. Full details of the colour, design and installation of the metal screens to

be provided to the balconies and windows of the development. All screens are to be installed in accordance with the approved details and thereafter maintained.

iv. A stormwater management plan prepared by a certified practising

Hydraulic Engineer and includes an analysis of the existing hydrology of the site, having regard to and addressing the method of disposal of ground water for the disposal and management of stormwater. All methods for the disposal and management of stormwater are to be contained on site unless expressly permitted by the responsible authority.

v. As part of the stormwater management plan the following matters to be addressed:

(a) the existing capacity of the Town’s stormwater infrastructure and

its ability to cope with the additional demand placed upon it by the proposed development; and

(b) the method, flow rate and volume of stormwater proposed for

connection/discharge into the Town’s stormwater system.

vi. All approved drainage and stormwater infrastructure shall be installed during construction and prior to the completion of the development, and thereafter maintained and operated in accordance with the approved Stormwater Management Plan at the applicant/owner’s cost.

7. The design, materials and colours of the proposed development are to be

to the satisfaction of the responsible authority.

8. A geotechnical report covering the development area being prepared by the applicant at the applicant’s cost and to the satisfaction of the responsible authority. The report to be lodged with the building licence application, together with certification from a structural engineer that the design is suitable for the site conditions as outlined in the geotechnical report.

9. The submission of a landscape plan to the satisfaction of the responsible authority. The Plan should indicate:

• the location and type of fencing to be installed; and • 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


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the anticipated height of each plant at maturity.

The Plan should identify and include the road verge.

10. Prior to occupation of the development the following shall be undertaken to the requirements of the responsible authority where once approved, the arrangements will be endorsed to this Planning Approval.

i. Management and strategy arrangements shall be submitted addressing

the means by which garbage and recycling arrangements will be established in such a manner that it will not negatively impact the amenity of the locality.

ii. Management of audible reversing warning systems. Arrangements that

prohibit such systems or establish management arrangements that vehicles are reversed into parking spaces.

iii. An emergency response plan/s (i.e. fire escape route maps, evacuation contingency associated with cyclone threat etc).

iv. The landscaping and reticulation as identified is to be established in

accordance with the approved plan(s) prior to occupation of the development and thereafter maintained to the satisfaction of the responsible authority.

v. The development shall be connected to a reticulated water supply and sewerage system to the requirements of Water Corporation.

vi. All external fixtures, including but not restricted to air-conditioning units, satellite dishes and non-standard television aerials, but excluding solar collectors, are to be located such that they are not visible from the street.

11. Compliance with definition of ‘dwelling’ of the Scheme as follows:

“Dwelling means 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”.

Advice Notes i. Consent from the Shire of Ashburton will be required for construction of

crossovers. ii. This Planning Approval is for the purpose of ‘group dwelling as defined under

the Planning Scheme. In this regard, the temporary use of the group dwellings is defined as ‘residential building’ rather than a dwelling as follows: “A building or portion of a building, together with rooms and outbuildings separate from such building but incidental thereto: such building being used or


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intended, adapted or designed to be used for the purpose of human habitation: • Temporarily by two or more persons; or • Permanently by seven or more persons, who do not comprise a single family,

but does not include a hospital or sanatorium, a prison, a motel or a residential school.”

iii. The 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, 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).

iv. The Shire of Ashburton contains many places of Aboriginal Heritage

significance. Applicants are advised to consider Aboriginal heritage issues and their obligations under the Aboriginal Heritage Act 1972 at an early stage of planning. Further information can be obtained from the Department of Indigenous Affairs on 9235 8000 or at the following website: http://www.dia.wa.gov.au/Heritage/default.aspx.

CARRIED 1/0


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14. OPERATIONS REPORTS

14.1 REQUEST TO UNDERTAKE EMERGENCY EVACUATION BITUMINOUS WORKS AT ONSLOW AERODROME FOR WHEATSTONE PROJECT

MINUTE: 11442 FILE REFERENCE: TR.AT.01.01 AUTHOR’S NAME AND POSITION:

Fiona Keneally Executive Manager - Operations


Not Applicable




11374 Ordinary Meeting of Council 12 December 2012 11404 Ordinary Meeting of Council 23 January 2013

Summary At the 23 January 2013 Ordinary Council Meeting in Onslow the Council resolved to: “That Council: 1. Approved the variation to the consideration of the “Request to undertake emergency

evacuation works at Onslow aerodrome for Wheatstone project” Council Minute 11374 at the December 2012 Council meeting from $1,277,882 to $1,383,881.28

2. Authorise the Commissioner and the Chief Executive Officer to execute the relevant documentation and affix the common seal of the Shire of Ashburton on documentation.

3. Amend the 2012/2013 Budget by providing for the $1,383,881.28 in expenditure and $1,383,881.28 in income.”

The requirements of the specification for the emergency evacuation works provided by Chevron is to provide an asphalt overlay to the existing sealed apron, a prime to all newly constructed apron extension areas and shoulders and asphalt to the extended apron area. The WALGA preferred supplier list was utilised to seek quotations for the required bituminous works. Boral Asphalt provided best value for money and could meet appropriate timeframes to undertake the works at a total cost of $780,801. As Council’s delegation to the Chief Executive Officer at DA001 only enables the Chief Executive Officer to award tenders under a $250,000 threshold this matter has been bought to Council for determination.


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Background The Onslow aerodrome, located on Shire land at Lot 16 Onslow Road is currently undergoing extensive redevelopment. Chevron’s preferred method of evacuation during a cyclone is by air and to enable that to occur efficiently and within the anticipated timeframe’s – Jet services are required to: Be able to move a higher number of passengers, and

Undertake the flights in a timely manner. It is proposed to carry out about 20 flights over a 12 hour period shuttling passengers to larger planes on the ground in Exmouth. Significant capital upgrades and operational contingencies are required to accommodate this in accordance with the Civil Aviation Safety Authority Manual of Standards 139 (CASA MOS 139). The Request to undertake emergency evacuation works at the Onslow aerodrome was taken to Council in December 2012 and an amended item in January 2013 to include additional funding on the financial agreement. The work is considered urgent in nature due to the current cyclone season. Scheduling and arranging materials and sub-contractors commenced as a priority following the 23 December 2012 Ordinary Meeting of Council. Given the priority to meet time constraints and considering that Christmas – New Year is traditionally a period when bituminous contractors take a considerable break in their activities, it was necessary to seek quotations immediately to secure a capable and qualified contractor for early February 2013.

Comment The following selection criteria were applied to the quotation request utilizing WALGA Contract Number RFT 026_11 Preferred Supplier list.

Ability to meet timeframes 50% Price 40% Demonstrated understanding 10%

Criteria regarding relevant experience and key personnel are considered to be addressed as part of the WALGA tender process. Quotations were sought and received from –

Boral Asphalt Fulton Hogan Downer EDI Works

Fulton Hogan and Downer EDI Works were unable to meet required timeframes due to previous confirmed schedules and did not provide quotations. Boral Asphalt could commit to a start in early February 2013 (flexible due to the location of their work groups) and committed to undertaking the works as night shift to assist with the operation of the aerodrome.


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Boral Asphalt quotation follows – Supply and lay DG14mm Asphalt 1010 tonne @ $475.68 $480,437.00 (Ex GST) Mobilisation / Demobilisation 1 item @ $98,562.00 $98,562.00 (Ex GST) Sprayed Bitumen Prime Cutback C170 50:50 MCC (0.8L/m2) 9050m2 @ $3.11 $28,146.00 (Ex GST) Mobilisation / Demobilisation 1 item @ $42,696.00 $42,696.00 (Ex GST) It is intended to take advantage of this situation and schedule the bituminous works for the adjacent construction camp which will save the Shire on future mobilization and demobilization costs. The additional cost for this work is – Prime and Two Coat Seal 14/7mm 8000m2 @ $16.37 $130,960.00 (Ex GST) Total Cost $780,801.00 As Council’s delegation to the Chief Executive Officer DA001 only enables the Chief Executive Officer to award tenders under a $250,000 threshold this matter has been bought to Council for determination Consultation A/Chief Executive Officer Executive Manager - Operations Works Manager Darren Lundberg - Chevron Statutory Environment Local Government Act 1995, S3.57 Tenders for providing goods or services Policy Implications FIN04 – Buy Local – Regional Price Preference Policy and FIN12 – Purchasing & Tender Policy Delegation DA001 - Tenders Financial Implications Emergency Evacuation Apron Extension The financial agreement negotiated with Chevron undertakes to cover all improvements, maintenance and operations increases for the 2012/2013 financial year and ongoing charges such as head taxes and landing fees will apply. The project will be included in the 2012/13 annual budget review. Construction Camp Proposed expenditure is in line with capital and operational approved budgets. Strategic Implications Goal 04 ‘Distinctive and Well Serviced Places’ Objective 01 – Quality Public Infrastructure; Objective 02 – Accessible and Safe Towns; Objective 03 – Well Planned Towns.


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Voting Requirement Simple Majority Required Council Decision MOVED: Commissioner R Yuryevich That Council

1. Approve the selection criteria used to determine the Onslow Aerodrome Apron Extension and Construction Camp bituminous works as:

a. Ability to meet timeframes 50% b. Price 40% c. Demonstrated understanding 10%

2. Award the Onslow Aerodrome Apron Extension and Construction Camp

bituminous works to Boral Asphalt to the value of $780,801.00 (Ex GST). CARRIED 1/0


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14.2 AFFIXING OF THE COMMON SEAL TO CONTRACT RFT 02/12 - PROVISION OF FACILITIES MANAGEMENT SERVICES

MINUTE: 11443 FILE REFERENCE: AS.TE.02.12 AUTHOR’S NAME AND POSITION:

Fiona Keneally Executive Manager - Operations


Not Applicable




Agenda Item 16.3 (Minute 11385) Ordinary Meeting of Council 12 December 2012 Agenda Item 16.7 (Minute 11244) Ordinary Meeting of Council 18 July 2012

Summary At the July 2012 meeting of Council, the Council resolved to authorise the CEO to determine and award tender RFT 02/12 Provision of Facilities Management Services to one of four tenderers nominated for shortlisting and requested the CEO to place a copy of the tender evaluations in the Councillor Information Bulletin. A comprehensive evaluation was undertaken and ESS Thalanyji Pty Ltd was recommended as the successful tenderer. At the December 2012 meeting of Council, the Council awarded RFT 02/12 Provision of Facilities Management Services for the Onslow Workers Camp to ESS Thalanyji Pty Ltd. It is now recommended that Council authorise the Commissioner and Acting Chief Executive Officer to affix the Shire’s Common Seal to contract RFT 02/12. Background The purpose of the Onslow Workers Camp is to provide accommodation so major projects such as the Onslow Airport Construction, Onslow Airport land subdivision, Onslow Ring Road and other community projects can go ahead. Request for Tender 02/12 Provision of Facilities Management Services for the Onslow Workers Camp was publicly invited and closed 16 July 2012.

Comment The shortlisted tenderers were as follows; Catering Services (Remote Services)


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Cater Care Services ESS Thalanyji Pty Ltd Credo Group The panel evaluating the Tenders consisted of Executive Manager Operations (Fiona Keneally), Project Manager (Megan Walsh) and Economic and Land Development Manager (Anika Serer). The Evaluation Panel scored each Tenderer against the approved criteria. The Qualitative Criteria assessment was provided in the 12 December 2012 Ordinary Meeting of Council. The contract awarded to ESS Thalanyji Pty Ltd will be for a one year, plus one year, plus one reviewable each year. This has been done for flexibility, cost effectiveness and risk management. Consultation A/Chief Executive Officer Project Manager Economic and Land Development Manager Statutory Environment Local Government Act 1995 – S 9.49(A). Financial Implications Within the approved budget for Onslow Airport Construction Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 02 “Enduring Partnerships” Objective 01 – Strong Local Economies; Objective 02 – Enduring Partnerships with Industry and Government. Goal 04 “Distinctive and Well Serviced Places” Objective 01 – Quality Public Infrastructure; Objective 02 – Accessible and Safe Towns; Objective 03 – Well Planned Towns. Policy Implications Not Applicable Voting Requirement Simple Majority Required Council Decision MOVED: Commissioner R Yuryevich That Council authorise the Commissioner and A/Chief Executive Officer to affix the Shire’s Common Seal to contract RFT 02/12. CARRIED 1/0


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15. COMMUNITY DEVELOPMENT REPORTS

15.1 LEASE FOR ONSLOW ENDURO CLUB MINUTE: 11444 FILE REFERENCE: ON.FI.0306.00 AUTHOR’S NAME AND POSITION:

Deb Wilkes Executive Manager - Community Development


Not Applicable




Agenda item 15.5 (Minute No: 11131) Ordinary Meeting of Council 15 February 2012

Summary In February 2012, the Onslow Race Club surrendered its lease over Reserve 21235 (Lot 306 on Plan 45640, Onslow Road). The Shire advertised for Expressions of Interest, and the only one received was from the Onslow Enduro Club, a newly formed community group in the Onslow area. The vesting of the Reserve was as a Race Course and Pistol and Rifle Range, so negotiations were undertaken with the Department of Regional Development to amend the use to Recreation, and at the same time negotiations were entered into with the Enduro Club to establish the conditions of a lease agreement. Background The Onslow Race Club previously held leases over two Reserves, one of which was Reserve 21235 (Lot 306 on Plan 45640, Onslow Road). When the Club dissolved in early 2011, the Lease, which was vested in the Shire of Ashburton, was surrendered to the Shire, and it was noted at the Ordinary Meeting of Council in February 2012, that, while it had no authority to do so, the Race Club wished this lease to pass to the newly formed Onslow Enduro Club. At that February 2012 Council meeting, Council resolved to instruct the A/Chief Executive Officer to enter into negotiations to lease Reserve 21235 (Lot 306 on Plan 45640, Onslow Road) and Expressions of Interest were advertised in accordance with the Local Government Act.


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Only one Expression of Interest was received, from the Onslow Enduro Club, and negotiations with the Club and the Department of Regional Lands were entered into to progress this matter. In November 2012 the Shire received notification that the Change of Use, from Race Course and Pistol and Rifle Range to Recreation, was approved and negotiations were finalised with the Enduro Club in December 2012. Comment The Onslow Enduro Race Club is a newly formed community group that currently has no land from which to operate. The Club intends to improve the land, building a race track and associated amenities, and has future plans for a Driver Training Area. The Council’s Policy for the Establishment of Community Leases and User Licenses (Social Leases) outlines a standard $300 per annum for User License for those community groups wishing to use a council facility for a limited amount of time each week (eg a Playgroup using a Hall one morning a week) but does not outline a standard amount for the Lease on an entire parcel of land. In examining other Leases throughout the Shire, an amount of $500 per annum is reasonable and equitable, given that the Club will have limited capacity to earn an income during the early years while they are becoming established. It is further proposed that the Shire donate back to the Club the first year’s lease fee given that the Club is newly formed, and is unable to generate any income until substantial work has been undertaken (at the Club’s cost) to improve the site. Annual CPI increases will apply to this lease Policy REC05 allows for a Lease agreement to be undertaken with community groups for a maximum period of 5 years, with a further 5 year option. In this case a Lease for 3 years with a three year option has been negotiated. This allows the Club time to become established and see if they are able to become financial viable, and also allows the Shire to renegotiate the lease after a reasonable period of time, should it wish to do so.

ATTACHMENT 15.1 Consultation A/Chief Executive Officer Executive Managers Principal Town Planner Building Inspector Enduro Race Club Statutory Environment Local Government Act 1995 Lands Act 1996 Financial Implications The proposed Lease includes a lease payment of $500 per annum. Strategic Implications Shire of Ashburton Community Strategic Plan 2012 – 2022 Goal 1 Active and Vibrant Communities, Objective 2 Active People, Clubs and Associations “Prepare plans, programs and scheduling to optimise use of community facilities that accommodate present and future needs.”


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Policy Implications REC05 Establishment Lease Policy Voting Requirement Simple Majority Required Council Decision MOVED: Commissioner R Yuryevich That Council:

1. Accepts the attached Lease agreement, for 3 years with a 3 year option and a fee of $500 per annum (subject to CPI increases) for the Onslow Enduro Club over Reserve 21235 (Lot 306 on Plan 45640, Onslow Road).

2. Approves the donation of $500 to the Onslow Enduro Club to reimburse the

Lease Fee for the first year (2013) to allow the Club to improve the Land and become established.

CARRIED 1/0


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16. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING

There was no New Business of an Urgent Nature for this meeting.

17. 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.


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Council Decision MOVED: Commissioner R Yuryevich That Council close the meeting to the public at 1.26pm pursuant to sub section 5.23 (2) of the Local Government Act 1995.

CARRIED 1/0

Members of the public left the meeting at 1.26pm.


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17.1 CONFIDENTIAL ITEM - REQUEST TO AFFIX COMMON SEAL TO CONTRACTS OF EMPLOYMENT AND GRANT APPLICATION

MINUTE: 11445 FILE REFERENCE: EE.EM.ASHBU.00 AUTHOR’S NAME AND POSITION:

Felicia Mudge Manager Organisational Development


Not Applicable




Confidential Agenda Item 17.3 - Ordinary Meeting of Council

Please refer to Confidential Item Attachment under separate cover. Council Decision MOVED: Commissioner R Yuryevich That Council authorises the Commissioner and A/Chief Executive Officer to sign and affix the Common Seal as a requirement of the temporary employment contracts of:

• Frank Ludovico A/Chief Executive Officer • Keith Pearson A/Executive Manager - Technical Services • Lisa Hannagan A/Executive - Corporate Services and; • Grant Agreement - Local Government Reform Program Workforce Plan

Capacity Building.



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Council Decision MOVED: Commissioner R Yuryevich That Council close the meeting to Shire staff at 1.28pm pursuant to sub section 5.23 (2) of the Local Government Act 1995.

CARRIED 1/0 Rob Paul, Michelle Tovey, Leanne Lind, Lisa Rickert and Kaylani Cortesi left the meeting at 1.28pm. Anika Serer left the meeting at 1.28pm and did not return.


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17.2 CONFIDENTIAL ITEM - SHIRE OF ASHBURTON PROBITY AUDIT - UPDATE ON ACTIONS

MINUTE: 11446 FILE REFERENCE: LE.LE.00.00 AUTHOR’S NAME AND POSITION:



Not Applicable




Agenda Item 17.2 Ordinary Meeting of Council 23 January 2013 Agenda Item 17.4 Ordinary Meeting of Council 21 November 2012 Agenda Item 10.3 Ordinary Meeting of Council 12 December 2012

Please refer to Confidential Item Attachment under separate cover. Council Decision MOVED: Commissioner R Yuryevich That Council receives the report contained in ATTACHMENT 17.2 “Shire of Ashburton Probity Report – Action Plan.”

CARRIED 1/0


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Council Decision MOVED: Commissioner R Yuryevich That Council open the meeting to Shire staff and the public at 1.35pm pursuant to sub section 5.23 (2) of the Local Government Act 1995.

CARRIED 1/0

Rob Paul, Michelle Tovey, Leanne Lind, Lisa Rickert and Kaylani Cortesi entered the meeting at 1.35pm. Members of the public entered the meeting at 1.35pm.


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18. COUNCILLOR AGENDA ITEMS There was no Councillor Agenda Items for this meeting.

19. PILBARA REGIONAL COUNCIL REPORT There was no Pilbara Regional Council reports for this meeting.

20. NEXT MEETING The next Ordinary Meeting of Council will be held on 13 March 2013, at the Onslow Multi-Purpose Centre, Cnr McGrath Road and Hooley Avenue, Onslow commencing at 1.00 pm.

21. CLOSURE OF MEETING Commissioner Yuryevich closed the meeting at 1.37pm.

shire of ashburton ordinary council … february...minutes - ordinary meeting of council 13 february...

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