shire of ashburton ordinary council meeting minutes (public … january... · 2013-07-25 · notice...

MINUTES - ORDINARY MEETING OF COUNCIL 23 JANUARY 2013

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SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING

MINUTES (Public Document)

Civic Centre, Tanunda Street, Tom Price

23 January 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 23 January 2013 at Civic Centre, Tanunda Street, Tom Price 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 .................................. 7

5. APPLICATIONS FOR LEAVE OF ABSENCE ............................................................ 15 6. PETITIONS / DEPUTATIONS / PRESENTATIONS .................................................... 15

6.1 PETITIONS .................................................................................................................................. 15 6.2 DEPUTATIONS ........................................................................................................................... 15 6.3 PRESENTATIONS ...................................................................................................................... 15

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ....................................... 15 7.1 ORDINARY MEETING OF COUNCIL HELD ON 12 DECEMBER 2012 .................................... 15

8. ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION ........ 15 9. DECLARATION BY MEMBERS ................................................................................. 15

9.1 DECLARATION OF INTEREST .................................................................................................. 16 10. CHIEF EXECUTIVE OFFICER REPORTS ................................................................. 18

10.1 ORDINARY MEETING OF COUNCIL - SCHEDULE OF MEETING DATES, TIMES AND LOCATIONS FOR MARCH TO DECEMBER 2013 .................................................................... 18

10.2 POLICY REVIEW - EMP24 CREDIT CARD POLICY ................................................................. 21 10.3 DELEGATION DAO49 - STAFF AND EMPLOYEE PROPERTY LEASE CONTRACTS ........... 23

11. CORPORATE SERVICES REPORTS ........................................................................ 25 11.1 SHIRE OF ASHBURTON STANDING ORDERS LOCAL LAW 2012 MINUTE: 11398 ............. 25 11.2 SHIRE OF ASHBURTON DOGS LOCAL LAW 2012 .................................................................. 28 11.3 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FOR MONTH OF

NOVEMBER & DECEMBER 2012 .............................................................................................. 31 12. STRATEGIC & ECONOMIC DEVELOPMENT REPORTS ......................................... 33

12.1 OUTCOME OF RFT 11/12 THE DESIGN AND CONSTRUCTION OF STAFF HOUSING AT LOT 292 POINSETTIA STREET, TOM PRICE ..................................................................... 33

12.2 REQUEST TO HOLD SPECIAL MEETING OF COUNCIL ......................................................... 36 12.3 APPROVAL TO TENDER THE SUPPLY AND INSTALLATION OF ONSLOW

AERODROME PERIMETER FENCING ...................................................................................... 39 12.4 REQUEST TO UNDERTAKE EMERGENCY EVACUATION WORKS AT ONSLOW

AERODROME FOR WHEATSTONE PROJECT ........................................................................ 42 12.5 REQUEST BY BESTON PARKS LAND CO PTY LTD FOR EXTENSION OF TIME RE

SALE OF LOTS 555 & 556 BEADON CREEK ROAD, ONSLOW .............................................. 45 13. TECHNICAL SERVICES REPORTS .......................................................................... 48

13.1 EXTENSION OF PLANNING APPROVAL - BEADON CREEK SALTWATER INTAKE FACILITY, BEADON CREEK, ONSLOW .................................................................................... 48

13.2 DECISION OF THE HON. MINISTER FOR PLANNING - DRAFT LOCAL PLANNING SCHEME NO. 14 FOR FINAL APPROVAL ................................................................................ 52

13.3 RECISION AND RE-ADOPTION OF DRAFT LANDCORP ANSIA INDUSTRIAL DEVELOPMENT PLAN AND DRAFT AMENDMENT NO. 17 TO PLANNING SCHEME NO.7 ............................................................................................................................................ 58

13.4 RECISION AND RE-ADOPTION OF DRAFT LANDCORP ANSIA INDUSTRIAL DEVELOPMENT PLAN AND DRAFT AMENDMENT NO. 18 TO PLANNING SCHEME NO.7 ............................................................................................................................................ 64

13.5 DECISION OF THE HON. MINISTER FOR PLANNING - DRAFT LOCAL PLANNING SCHEME NO. 13 FOR FINAL APPROVAL ................................................................................ 73

13.6 PLANNING APPLICATION - TERMINAL & ASSOCIATED CAR PARK ONSLOW AERODROME, LOT 16 MOUNT STUART-ONSLOW ROAD, ONSLOW .................................. 77

13.7 PLANNING APPLICATION - ONSLOW TRANSFER MAIN UPGRADE, LOT 270, LOT 271, LOT 149 AND RESERVE 25853, ONSLOW ....................................................................... 83


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13.8 PLANNING APPLICATION - FOUR (4) SINGLE STOREY GROUPDWELLINGS AT LOTS 908 & 909 PILKENA STREET, TOM PRICE .................................................................... 87

13.9 MEDIATION - APPLICATION TO THE STATE ADMINISTRATIVE TRIBUNAL - CONDITION 1(i) OF PLANNING APPROVAL - NINE (9) TWO STOREY GROUP DWELLINGS AT LOTS 936 & 937 WARARA STREET, TOM PRICE ........................................ 96

13.10 DRAFT 'LOCAL PLANNING POLICY - MOORING OF 'BOATEL'S AT BEADON CREEK AND IN WATERS OFF ONSLOW ............................................................................................. 100

13.11 REQUEST FOR COMMENTS ON PROPOSED LEASE OF PORTION OF UCL LOT 302 DP 44407 CORNER GREAT NORTHERN HIGHWAY AND MUNJINA ROAD, MULGA DOWNS ..................................................................................................................................... 105

13.12 DRAFT SCHEME AMENDMENT No. 24 - REVISED PROVISIONS IN CLAUSE 7.3 - ONSLOW COASTAL HAZARD AREA PROVISION AND NEW APPENDIX 11 - ADVERTISING OF AMENDMENT ............................................................................................ 107

13.13 DEVELOPMENT APPLICATION - FINAL STAGE OF MOTEL/RESTAURANT DEVELOPMENT, LOT 447 THIRD AVENUE, ONSLOW. ........................................................ 123

13.14 APPROVAL TO TENDER FOR REMOVAL OF EXISTING AND CONSTRUCTION OF NEW FENCE. TOM PRICE TENNIS COURTS ....................................................................... 132

14. OPERATIONS REPORTS ........................................................................................ 135 14.1 PRIVATE WORKS - COONDEWANNA INTERSECTION UPGRADE BHP BILLITON

(IRON ORE) ............................................................................................................................... 135 15. COMMUNITY DEVELOPMENT REPORTS .............................................................. 139 16. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF

MEETING ................................................................................................................. 139 16.1 NEW BUSINESS OF AN URGENT NATURE - RECONSIDERATION OF RFT 10/12

DESIGN AND CONSTRUCT OF ONSLOW AIRPORT TERMINAL ......................................... 140 17. CONFIDENTIAL REPORTS ..................................................................................... 145

17.1 CONFIDENTIAL ITEM - APPLYING SHIRE COMMON SEAL TO DEED OF RELEASE - WITTENOOM LITIGATION ....................................................................................................... 147

17.2 CONFIDENTIAL ITEM - SHIRE OF ASHBURTON PROBITY AUDIT - UPDATE ON ACTIONS ................................................................................................................................... 148

17.3 CONFIDENTIAL AGENDA ITEM - STAFF ACTING ARRANGEMENTS ................................. 150 18. COUNCILLOR AGENDA ITEMS .............................................................................. 151 19. PILBARA REGIONAL COUNCIL REPORT ............................................................. 151 20. NEXT MEETING ....................................................................................................... 151 21. CLOSURE OF MEETING ......................................................................................... 151


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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 acknowledged the attendance of Peter Foster, Suspended Councillor and members of the public to the public gallery.

3. ATTENDANCE 3.1 PRESENT

Mr R Yuryevich Commissioner of the Shire of Ashburton Mr F Ludovico A/Chief Executive Officer Ms L Hannagan A/Executive Manager, Corporate Services

Ms J Remihana A/Executive Manager, Strategic & Economic Development

Mr K Pearson A/Executive Manager, Technical Services Ms F Keneally Executive Manager, Operations Mr R Paull Principal Town Planner Ms K Cortesi CEO & Councillor Support Officer Ms L Rickert Community Liaison Coordinator - Paraburdoo Ms A Serer A/Partnership/Revitalisation Manager 3.2 APOLOGIES Ms D Wilkes Executive Manager, Community Development 3.3 APPROVED LEAVE OF ABSENCE

There were no approved Leave of Absence for this meeting.

Rob Paul left the meeting at 1.04pm. Rob Paul re-entered the meeting at 1.05pm.

4. QUESTION TIME 4.1 PUBLIC QUESTION TIME 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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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.”

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?”

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?”

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.”

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.”


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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 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.”

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

parks with softball? I note that money was budged 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.”

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.”

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?”

The Acting Chief Executive Officer indicated he would take questions on notice

and provide a response to the questions. 4.2 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE At the Ordinary Meeting of Council held on 12 December 2012, the following

questions were taken on notice and a written response will be provided. Pearce Herbert from Onslow tabled the following questions.

Q1a. “In September I asked the Council questions regarding the cost and anticipated time for the ratepayers to get a return on our money. The answer I got was in the Sir Humphrey Appleby style, we will have some answers by February, maybe. Would it not be normal business practice to have all this in place before we take it on. Have we investigated the possibility of getting private enterprise to upgrade the park?”


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Response Unfortunately we are unable to provide any further update on the response

provided to you in our letter dated 5 October 2012.

Consultants have been engaged Consultant to prepare a Business Plan and they anticipated preparing a draft for February 2013.

Section 3.18(3) of the Local Government Act 1995 requires that a Local Government is to satisfy itself whether its facilities or services do not duplicate, to an extent that the local government considers inappropriate services or facilities provided by the Commonwealth, The State or any other body or person whether public or private.

During the Business Planning phase Section 3.18 of the Local Government 1995 will be considered.

Q1b. “We had a highly competent CEO, Jeff Breen who was dismissed

for alleged probity breaches, unfairly or otherwise, will he have the opportunity to reapply for his position if he so wishes?”

Response

The recruitment of a new CEO is controlled by the Local Government Act and various regulations. These are all summarised in “Appointing a CEO Local Government Operational Guidelines Number 10 Revised August 2012” available from the Department of Local Government website. Whilst there are many processes and procedures to be followed the short answer to your question is Mr Jeff Breen can reapply for the position of CEO for the Shire of Ashburton. The Commissioner has indicated it would appropriate for the elected Council to appoint the new CEO and has not commenced the recruitment process at this stage.

Drew Norrish, Chief Executive Officer from Mackerel Islands Pty Ltd tabled the following questions.

Q2. “Can the commissioner please confirm he has received the

correspondence from Property Development Solutions and from Minister Grylls this morning relating to the Thevenard Island change of use application.”

Response The correspondence referred to (including a draft of a letter from the Minister for

Regional Development, the Hon Brendan Grylls), was received by the Shire on the morning of the Council meeting.

The correspondence detailed the Minister’s attitude to matters relating to Agenda

Item 13.4 “Update – Planning Application – Transient Workers Accommodation, Thevenard Island” and the contents of the letters are reflected in the Council resolution adopted in relation to this agenda item.


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Gary Douglas from Onslow tabled the following correspondence on behalf of the long stay residents of the Ocean View Caravan Park.

Q3. “OCEAN VIEW CARAVAN PARK – THEM & US On behalf of the long stay residents of the Ocean View Caravan

Park we ask the following:

1. The Shires Onslow office has made no attempt to communicate with the long stay residents of the Ocean View Caravan Park via the Residents Committee WHY?

At the Shire meeting held on the 19th September, O’Halloran state

publicly that she welcomed and supported the formation of the Residents Committee and looked forward to open communication.”

Response Firstly let me state the tone of your letter disturbs me. Ms O’Halloran or Council’s

Executive Manager Strategic and Economic Development is the most appropriate method to address her. Whilst there are issues to be resolved it is important that we do so in a professional way.

“There are issues that still need to be resolved.

(a) The formation of the Park Liaison Committee could have been established with the assistance of the Residents Committee. By forming the Residents Committee, good rapport had already been established within the park and residents happy to assist the Shire and the formation of the PLC. All that the Shire has achieved by their “gung ho” attitude is to create bad feelings and animosity throughout the park as they continue to avoid us. At the inaugural meeting on the 3rd September I was voted in as President of the Residents Committee. The Onslow office is avoiding talking to me regarding issues concerning the caravan park WHY.”

Response The Residents Committee (RC) is separate to a Park Liaison Committee (PLC) and they have two distinct roles and should not be confused. Residents Committees are a mechanism for tenants to present issues to the management of the park or their elected representatives on the Park Liaison Committee. The aim of the PLC is to assist the park operator in maintaining and improving the lifestyle and wellbeing of long stay tenants and the park in general. The PLC is consultative and advisory in nature and is not a decision making body.


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Calling for nominations for Park Liaison Committee members was done in consultation with the Department of Commerce. It was recommended that advertising be done through public notice or through public advice. It was also advertised publicly to ensure that all members of the park were made aware of the formation of a PLC, and to provide an opportunity to nominate for the Committee.

“(b) There are questions needing to be asked by the Residents

Committee as suggested in the Department of Commerce Commissioners Guidelines as to whether the Shire want executive committee members on the PLC or do they prefer these specific members to be excluded and general committee members nominated. As a result of a Resident’s Committee meeting held on Sunday 9th December, a letter was sent to Zoe McGowan, Shire President and the caravan park managers regarding where the Resident’s Committee can assist to provide nominees for the PLC- to date no reply. WHY”

Response An email was received by Zoe McGowan on Sunday 9/12/2012 at 10.15pm. A response was issued and sent to the President of the Residents Committee on Wednesday 12/12/2012 at 11.55am addressing the committees concerns and the establishment of the PLC.

“(c) O’Halloran authorised an application to the State

Administrative Tribunal dated the 22nd October 2012 to evict 2 residents from the park without some form of open communication particularly with the knowledge that there is a clause within the Parks Act that allows for an exemption of a fine if failed attempt by the parks owners to achieve a written agreement fails and particularly as these people are still attempting to negotiate. WHY O’Halloran organised the application to the State Administrative Tribunal and stated we were warned that this would go to SAT. This is incorrect, there was no warning, written or verbal, the State Administrative Tribunal have been provided with incorrect information on several accounts.”

Response There were 3 tenants who were sent to SAT. There was constant communication advising (and extending) the deadline with no resolution. Section 7 of the Residential Parks (Long-stay Tenants) Act 2006 states. “If such an agreement is not made within a period of 5 months after the periodic long stay agreement was made then either party may apply to the state administrative tribunal for the termination of the agreement or for a determination in respect of the terms of the agreement at the discretion of the SAT.”


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As all 3 members had been in the park longer than 5 months and were continually ignoring the deadlines, we felt no option but to get the SAT to resolve the issue. All members were issued with copies of the application.

“(d) The park manager’s were over ridden by O’Hallorans

bullying tactics to send these two tenants to the Tribunal to have the Tribunal assist with mediation for a decision when quite simply the managers or Shire could have resolved the issue themselves. WHY To date no form of communication has taken place except a phone call from Zoe McGowan yesterday morning reminding Janet about the SAT directions hearing on Thursday regarding O’Hallorans request that the SAT mediate on our possible eviction. This caravan park cannot go forward whilst O’Halloran is involving herself in unacceptable and unprofessional ways and the Onslow office continues to ignore the Resident’s Committee.

Response Attempt to mediate was offered to all members of the park. Upon take over on

the 3rd of September 2012 staff members were allocated to assist tenants with the lease and any enquiries. This was advised this in writing on the 27th August 2012. Only 3 people attended.

On all correspondence it has stated that any questions could be directed to Zoe

McGowan to assist. There were no negotiations or attempt to negotiate by Janet Wood or Gary

Douglas until the 19th of October when Garry advised that he still needed to have discussions with Janet and that any request to negotiate would be sent through that afternoon. No letter was received.

A Park Liaison Committee has not been established because we did not receive

any nominations. However we are committed to this communication process and see it as essential to the way forward. So fresh nominations will be called for into the future.

Gary Douglas from Onslow tabled the following correspondence.

Q4. “We entrusted a cat to the Ranger on the 29th November to be taken to SAFE in Karratha the next day.

The cat never arrived at SAFE neither did the 25 cans of Whiskas

cat food given to the Ranger as a donation to SAFE. Several phone calls to SAFE in Karratha have revealed that both

the Karratha and Tom Price offices have concerns for the welfare of animals entrusted to the Ranger.


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What happened to the cat? If the cat has in fact been dealt with in an inhumane way, serious questions need to be asked of the Ranger.

We require the $50.00 for the cans of Whiskas to be donated to

SAFE. Attached is a more detailed description of events.

ATTACHMENT 4.4

Response The questions asked have been noted and a response is being prepared. As the issues raised relate to an individual staffing matter, a personal response

will be provided to the Public Question, rather than a public response. Kit Davidson, Operations Manager for Eco Abrolhos Accommodation Pty Ltd, tabled

the following questions.

Q5a. “In the minutes of the 21st November 2012 it was indicated that objections received to the proposed LPP on “Boatels” and indeed the policy itself would be discussed at the meeting scheduled for today. This was in line with the timetable included in the meeting of the 17th October in which the policy was first tabled for consideration and the consultation period commenced.

As this Boatel policy has had such an impact on our working

relationship with various interested 3rd parties, including Department of Transport and some staff members we ask why this timetable has not been adhered to?”

Response As advised at the 12 December 2012 Ordinary Meeting of Council, the Shire

sought to refer the draft Local Planning Policy to Council as soon as possible. Although there is no statutory timeframe for referral back to Council and taking

into account timelines for other important planning matters, the earliest practical Council Meeting is January 2013 Agenda.. It should be noted that Mr Davidson was verbally advised that the draft Local Planning Policy would be referred to the January 2013 meeting several days before presenting his question to the December 2012 meeting of Council.

Q5b. “In the meeting minutes of 21/11/12 Item 6.1 noted “There was a

petition presented to Council from Eco Abrolhos Accommodation Pty Ltd regarding operations in Beadon Creek, Onslow. Refer to Agenda item 13.4.”

To date no response to the petition has been received. Why did the minutes not state the number of signatories to the

petition (227) who clearly supported our operations in Beadon Creek and were, in effect, objecting to the proposed “Boatel” policy? Additionally why did the minutes not identify that all


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signatories were local Onslow residents who represented a particularly broad cross section of local community members?

We were previously advised by the Shire of Ashburton

representatives that the birth of the proposed LPP covering “Boatels” was a result of demand for legacies be left after Wheatstone, rather than the type of accommodation facilities we had introduced to the area. As we are obviously relieving the current pressure on accommodation in the area inclusion of this data would appear particularly relevant to the future discussions between other interested parties.

Of additional significance is the fact that in excess of %95 of

individuals approached to sign did so readily.” Response The Minutes of the 21 November 2012 Council meeting acknowledge that the

petition was received. The Council is not obliged to respond to the petition. However, the Report to Council of 23 January 2013 Agenda Item 13.10 addresses the petition as a submission to the draft Local Planning Policy.

Geoffrey Herbert from Onslow tabled the following questions.

Q6a. “Can the Shire re-evaluate the decision to take on the Beadon Bay Caravan Park?”

Response

It is presumed that the question refers to the Ocean View Caravan Park located in Second Ave Onslow.

If this is the case, Consultants have been engaged to prepare a Business Plan

and they anticipated preparing a draft for February 2013. It is during this process issues associated with Ocean View Caravan Park will be

examined, including the requirements of Section 3.18 of the Local Government Act 1995 (LGA)

Section 3.18(3) of the LGA requires that a Local Government is to satisfy itself

whether its facilities or services do not duplicate, to an extent that the local government considers inappropriate services or facilities provided by the Commonwealth, The State or any other body or person whether public or private.

If you are not referring to the Ocean View Caravan Park can you please provide

additional information so we can answer your question.

Q6b. “How do we meet with the Commissioner?” Response Commissioner Ron Yuryevich is contactable via mobile phone 0407 771 811 and

email [email protected]. He will also be available in person at certain times of the month (usually coinciding with Council meetings).

Stephen Easterbrook from Onslow tabled the following questions.


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Q7. “In regards to re-training of Council what follow up and actions will take place to ensure that Council doesn’t revert back to the way it is now”

Response The training scheduled for the Councillors is being developed by The

Department of Local Government. We will forward a copy of your question to them so they can respond to your question on monitoring after training has occurred.

Frank Ludovico on behalf of Eric Roulston of Northwest Air Service tabled the following

correspondence.

Q8. “I Eric Roulston of Norwest Air Work would like to attend the Council Meeting on Wednesday at 1pm in Onslow.

If for some reason I cannot make it then would it be possible to

get answers to the following points that may have a major effect on the viability and continuation of my business in Onslow.

1. Is the zoning and layout of access to the land that my

hangar is currently situated going to be affected by any future changes once the new runway is operational?

2. If the answer is YES then can Norwest Air Work get a

timely reply in writing from the Shire of Ashburton of all the changes that may directly affect the viability and continuation of my service including any major increases in rates and leases?

3. If the land my hangar is situated on is to become

unavailable due to re-zoning then what compensation will be offered to Norwest Air Work or who will be responsible for the cost of relocation of the building considering that the building has already been relocated once in the past due to airport changes.

4. Providing that the current hangars are to remain as they

are and when the Shire puts up expression of interest for the leases with its re-zoning of commercial lots and aircraft operation lots then will it guarantee current lease holders including Norwest Air Work that it wont give the current leases with their buildings on to other parties?

5. Will the current lease holders be given written and fair

warning of dates and requirements needed for the expressions of interest?

A copy of the planning that I have been given is attached to this

letter which suggests that the current leases will be unaffected by the airport changes.


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It would be very comforting to know with certainty that my business in Onslow will not be adversely affected by any future changes.

Looking forward to being of continued service to Onslow as it

has been for the past 20 years.” ATTACHMENT 4.8

Response A response to this question has not been prepared essentially due to the

applicable staff being on annual leave. A response will be prepared shortly. 5. APPLICATIONS FOR LEAVE OF ABSENCE There were no applications for Leave of Absence. 6. PETITIONS / DEPUTATIONS / PRESENTATIONS 6.1 PETITIONS There were no petitions presented to Council. 6.2 DEPUTATIONS There were no deputations presented to Council. 6.3 PRESENTATIONS There were no presentations to Council.

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 7.1 ORDINARY MEETING OF COUNCIL HELD ON 12 DECEMBER 2012

Council Decision MOVED: Commissioner R Yuryevich That the Minutes of the Ordinary Meeting of Council held on 12 December 2012, as previously circulated on 21 December 2012, be confirmed as a true and accurate record.

CARRIED 1/0 8. ANNOUNCEMENTS BY THE PRESIDING PERSON

WITHOUT DISCUSSION There were no announcements made by the Presiding Person. 9. DECLARATION BY MEMBERS

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


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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 ORDINARY MEETING OF COUNCIL - SCHEDULE OF MEETING DATES, TIMES AND LOCATIONS FOR MARCH TO DECEMBER 2013

MINUTE: 11395 FILE REFERENCE: OR.MT.00.00 AUTHOR’S NAME AND POSITION:

Janyce Smith Executive Officer CEO

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 14 January 2013 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in the proposal.

PREVIOUS MEETING REFERENCE:

Agenda Item 10.1, Ordinary Meeting of Council 12 December 2012, Minute: 11395 Agenda Item 10.1, Ordinary Meeting of Council 21 November 2012, Minute: 11340

Summary It is a requirement for Council to adopt the schedule of meeting dates, times and locations for all Ordinary Meetings of Council each year. It is recommended that Council adopt the following meeting schedule for 2013. Background In October 2011, Council adopted the meeting schedule for the entire 12 month period from February to December 2012. In March 2012, Council adopted a revised meeting schedule for the period May to December 2012. This schedule had new starting times for both the workshops/briefings and Council Meetings. In November 2012, Council postponed adopting the proposed schedule for 2013 Council Meetings outlined in Agenda item 10.1. Instead Council determined the January 2013 Council Meeting will be held in Tom Price on 23 January 2013 and resolved to determine the remaining dates and locations following a workshop to be held at the January 2013 Council Meeting. With the suspension of the Councillors prior to the December 2012 Council meeting the proposed workshop to discuss Council meeting dates is not appropriate.


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However Council still need to determine meeting dates, times and venue for remainder of 2013 and so staff have reviewed the previous agenda items and proposed a meeting schedule for the remainder on 2013.

Comment In determining the dates, times and locations for the Ordinary Meeting of Council for the upcoming year consideration has been given to a number of factors including travel and facilitation of workshops / briefing sessions. Suggested dates for the remaining 2013 Council Meetings are outlined in the table below. If this proposal is adopted there will be four meetings in Tom Price, four meetings in Onslow, three meetings in Paraburdoo and one meeting in Pannawonica during the year. Traditionally meetings are held on the third Wednesday of the month. The December 2013 meeting has been moved to the second Wednesday of the month due to the close proximity to Christmas. The proposed schedule is set out below.

DATE LOCATION TIME

Wednesday, 23 January 2013 Civic Centre, Tanunda Street, Tom Price 1:00pm

Wednesday, 20 February 2013 Ashburton Hall Ashburton Avenue, Paraburdoo 1:00pm

Wednesday, 20 March 2013 RM Forrest Memorial Hall, Second Avenue, Onslow 1:00pm

Wednesday, 17 April 2013 Council Chambers, Central Rd, Tom Price 1:00pm

Wednesday, 15 May 2013 RM Forrest Memorial Hall, Second Avenue, Onslow 1:00pm

Wednesday, 19 June 2013 Ashburton Hall, Ashburton Avenue, Paraburdoo 1:00pm

Wednesday, 17 July 2013 Civic Centre, Tanunda Street, Tom Price 1:00pm

Wednesday, 21 August 2013 RM Forrest Memorial Hall, Second Avenue, Onslow 1:00pm

Wednesday, 18 September 2013 Barry Lang Centre, Pannawonica 1:00pm

Wednesday, 16 October 2013 Civic Centre, Tanunda Street, Tom Price 1:00pm

Wednesday, 20 November 2013 Ashburton Hall Ashburton Avenue, Paraburdoo 1:00pm

Wednesday, 11 December 2013 RM Forrest Memorial Hall, Second Avenue, Onslow 1:00pm Consultation A/Chief Executive Officer Statutory Environment Local Government Act 1995, Section 5.3 requires Council to hold an Ordinary Meeting not more than three months apart. Section 5.25(g) Local Government Act 1995 indicates regulations may be made concerning the giving of public notice of the date and agenda for council or committee meetings. Local Government Admin Regs 12 specifies the Date, Time and Venue of Ordinary Council Meetings for the next 12 months must be advertised once a year.


20

Financial Implications Council sets aside sufficient funds in its budget to meet the cost of Council meetings. Strategic Implications Shire of Ashburton, 10 Year Community Strategic Plan 2012-2022, Goal 5 – Inspiring Governance, Objective 3 – Council Leadership. Policy Implications Council Policy ELM01 – Council and other meetings. Voting Requirement Simple Majority Required Council Decision MOVED: Commissioner R Yuryevich That Council:

1. Adopt the Schedule of Meeting dates, times and locations for the period January 2013 to December 2013 as outlined below and;

2. Pursuant to section 5.25(g) of the Local Government Act 1995, give local public notice of the Schedule of Meeting dates, times and locations for the period March 2013 to December 2013. DATE LOCATION TIME

Wednesday, 23 January 2013 Civic Centre, Tanunda Street, Tom Price 1:00pm Wednesday 13 February 2013 Ashburton Hall, Ashburton Avenue, Paraburdoo 1:00pm Wednesday, 13 March 2013 Onslow Multi-Purpose Centre cnr McGrath Rd 1:00pm

and Hooley Ave Onslow Wednesday 10 April 2013 Council Chambers, Central Rd, Tom Price 1:00pm Wednesday 8 May 2013 Onslow Multi-Purpose Centre cnr McGrath Rd 1:00pm

and Hooley Ave Onslow Wednesday 12 June 2013 Ashburton Hall Ashburton Avenue, Paraburdoo 1:00pm Wednesday, 17 July 2013 Civic Centre, Tanunda Street, Tom Price 1:00pm Wednesday, 21 August 2013 Onslow Multi-Purpose Centre cnr McGrath Rd 1:00pm and Hooley Ave Onslow Wednesday, 18 September 2013 Barry Lang Centre, Pannawonica 1:00pm Wednesday, 16 October 2013 Civic Centre, Tanunda Street, Tom Price 1:00pm Wednesday, 20 November 2013 Ashburton Hall Ashburton Avenue, Paraburdoo 1:00pm Wednesday, 11 December 2013 Onslow Multi-Purpose Centre cnr McGrath Rd 1:00pm and Hooley Ave Onslow CARRIED 1/0 REASON FOR CHANGE OF RECOMMENDATION: The Commissioner has made adjustments to the Council Meeting dates so that they fit in with his schedule. Onslow’s change of venue has been made due to the Ashburton Hall in Onslow being damaged by fire.


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10.2 POLICY REVIEW - EMP24 CREDIT CARD POLICY MINUTE: 11396 FILE REFERENCE: OR.CM.01.00 – EMP24 AUTHOR’S NAME AND POSITION:

Felicia Mudge Manager - Organisational Development


Not Applicable


The author is named as a Corporate Credit card holder.


Nil

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. 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 10.2 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 these to charitable institutions, or sporting clubs. Under no circumstances is the reward scheme to be used for a Staff/Councillors private benefit.


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Specific instructions have also been added to the policy to outline the process for destruction of cards. 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 matter of the reviewed policy EMP24 Corporate Credit Cards be brought back to the next Council meeting. CARRIED 1/0 REASON FOR LOSS OF RECOMMENDATION: The Commissioner has asked that the Policy Review - EMP24 Credit Card Policy - Agenda Item be further reviewed referred back to the next Council Meeting.


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10.3 DELEGATION DAO49 - STAFF AND EMPLOYEE PROPERTY LEASE CONTRACTS

MINUTE: 11397 FILE REFERENCE: OR.DA.00.00 AUTHOR’S NAME AND POSITION:

Felicia Mudge Manager – Organisational Development


Not Applicable


The author has no financial interest in the matter.


Nil

Summary The 2012 Department of Local Government Probity Audit (Recommendation 9) report brought to Council’s attention that leasing of staff and employees property leasing had not complied with the Local Government Act. The purpose of the agenda item then is to develop a delegation so the Chief Executive Officer can enter into these property lease contracts. Background The 2012 Department of Local Government Probity Audit (Recommendation 9) report brought to Council’s attention that leasing of staff and employees property leasing had not complied with the Local Government Act. The purpose of the agenda item then is to develop a delegation so the Chief Executive Officer can enter into these property lease contracts. The Shire of Ashburton currently leases 18 properties from multiple agents across Tom Price and Onslow. In order to continue to lease these properties and or acquire new properties for the purpose of employee accommodation a delegation is required for additional properties or renew existing leases.

ATTACHMENT 10.3 Comment There are currently 62 employees residing in staff housing. Employee accommodation is determined on the basis on a housing matrix which rates the person’s position against specific criteria. The supply of staff housing is considered vital to Shire operations.


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Council should also be aware that opportunities to lease quality residence only become available for a short period of time if this delegation is not approved the time delay in processing an approval to lease property may mean that opportunity is lost. Monthly leases for a 12 month term range from $600 to $1500 per week (Currently lease values in Onslow are much higher than this) The total value of rental payments made under these lease contracts is over $364,000 per annum. Consultation Department of Local Government A/Chief Executive Officer A/Executive Manager – Corporate Services Statutory Environment Section 5.43 of the Local Government Act (LGA) limits the delegations to the Chief Executive Officer. In particular sub-section (d) indicates a Local Government cannot delegate to the Chief Executive Officer the acquisition or disposal of any property valued at amount exceeding an amount determined by the Local Government for the purpose of that paragraph. Section 3.57 LGA Tender for providing goods and services does not apply as the acquisition of property is not covered by this section and associated regulations. Financial Implications All current lease properties have been budgeted for in the 2012/13 Budget Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 05; 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 adopt delegation DA049 - Staff And Employee Property Lease Contracts per per ATTACHMENT 10.3. with the following addition:

"That any properties acquire under this delegation be reported to the next Ordin Meeting of Council."

CARRIED BY ABSOLUTE MAJORITY 1/0


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11. CORPORATE SERVICES REPORTS

11.1 SHIRE OF ASHBURTON STANDING ORDERS LOCAL LAW 2012 MINUTE: 11398

FILE REFERENCE: LE.LL.10.00 AUTHOR’S NAME AND POSITION:

Leanne Lind Project Officer (Local Laws)


Not Applicable

DATE REPORT WRITTEN: 13 December 2012 DISCLOSURE OF FINANCIAL INTEREST:



Agenda Item 12.02.08 Ordinary Meeting of Council 17 February 2010 Agenda Item 11.1 Ordinary Meeting of Council 18 July 2012 Minute Number 11229

Agenda Item 11.2 Ordinary Meeting of Council 15 August 2012 Minute Number 11254

Summary The purpose of this report is to: 1. Consider the submissions received in relation the proposed Shire of Ashburton Standing

Orders Local Law 2012; 2. Give notice to the purpose and effect of the Shire of Ashburton Standing Orders Local

Law 2012; 3. Make the Shire of Ashburton Standing Orders Local Law 2012; 4. Authorise the local law’s gazettal in the Government Gazette; 5. Give public notice, (after gazettal), of the date of the gazettal of Shire of Ashburton

Standing Orders Local Law 2012; 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 adopted on 20 January 1998 and Gazetted on 9 March 1998, with the primary objective of providing rules and guidelines which apply to the conduct of meetings of Council and council committees convened under the provisions of the Act. The Local Laws Review identified the Standing Orders Local Law in its current


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format contained inconsistencies with the Local Government Act. As a consequence, Council resolved to make and adopt a new Standing Orders Local Law.

ATTACHMENT 11.1A Comment The Council's Standing Orders are a key component of how the Council conducts its business at a political and officer level. Standing Orders regulate how business is carried out at committee meetings. The Standing Orders are subsidiary legislation to the Act and are considered enforced procedures. The purpose and effect of the proposed Shire of Ashburton Standing Orders Local Law 2012 is:

• To provide procedures which apply to the conduct of meetings of the Council, its committees and to meetings of electors.

• The effect being to control the operation of Council, committee and electors meetings.

Councillors are asked to consider the proposed Standing Orders Local Law 2012 which will ensure that any issues associated with the existing Standing Orders are addressed.

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 ATTACHMENT 11.1D

Manager Governance, WALGA This Standing Orders Local Law is predominantly based on the WALGA Model. Statutory Environment Local Government Act 1995, Section 3.12(2) and (4) applies Section 3.12(2) of the Local Government Act 1995 and the Local Government (Functions and General) Regulations Regulation 3 states that for the purpose of Section 3.12(2) of the Local Government Act the person presiding at a council meeting is to give notice of the purpose of the local law by ensuring that the purpose and effect of the proposed local law is included in the agenda for that purpose and the minutes of the meeting of the council include the purpose and effect of the proposed local law. Financial Implications Nil Strategic Implications Shire of Ashburton 10 year Community Strategic Plan Goal 5 Inspiring Governance Objective 3 Council Leadership Policy Implications Nil


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Voting Requirement Absolute Majority Required Council Decision MOVED: Commissioner R Yuryevich That Council adopt, in accordance with the provisions of the Local Government Act, the Shire of Ashburton Standing Orders Local Law 2012 as per ATTACHMENT 11.1B. CARRIED BY ABSOLUTE MAJORITY 1/0


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11.2 SHIRE OF ASHBURTON DOGS LOCAL LAW 2012 MINUTE: 11399 FILE REFERENCE: LE.LL.05.00 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 11.2 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 Dogs Local Law

2012; 2. Give notice to the purpose and effect of the Shire of Ashburton Dogs Local Law 2012; 3. Make the Shire of Ashburton Dogs Local Law 2012; 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 Dogs Local

Law 2012; 6. Authorise the affixing of the Common Seal to this local law. Background The Minister for Local Government announced on 6 June 2012 that a review of the Dog Act 1976 will take place with a Bill to be taken to Parliament before the end of this year. The new Dog Act has not been introduced to date and the Shire of Ashburton recommends adopting a new Dogs Local Law in the interim. A review of this Local Law will take place when the new Dog Act is introduced.


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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 3 June 1998 and based on a dated version of the WALGA Local Laws model.

ATTACHMENT 11.2A Comment The purpose of the Shire of Ashburton Dog Local Law 2012 is:

• To make provisions about the impounding of dogs, to control the number of dogs that can be kept on premises and the manner of keeping those dogs and to prescribe areas in which dogs are prohibited and dog exercise areas.

• The effect of this Local Law is to extend the controls over dogs which exist under the Dog Act 1976.

ATTACHMENT 11.2B 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 11.2C ATTACHMENT 11.2D

DL Consulting Senior Ranger/Supervisor Emergency Services Manager Governance, WALGA – The Dogs Local Law is predominantly based on the WALGA Model. Statutory Environment Dog Act 1976 Local Government Act 1995, Section 3.12 applies. Section 3.12(2) of the Local Government Act 1995 and the Local Government (Functions and General) Regulations (Regulation 3) states that for the purpose of Section 3.12(2) of the Local Government Act the person presiding at a council meeting is to give notice of the purpose of the local law by ensuring that the purpose and effect of the proposed local law is included in the agenda for that purpose and the minutes of the meeting of the council include the purpose and effect of the proposed local law. 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 adopt, in accordance with the provisions of the Local Government Act, the Shire of Ashburton Dogs Local Law 2012 as per ATTACHMENT 11.2B. CARRIED BY ABSOLUTE MAJORITY 1/0


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11.3 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FOR MONTH OF NOVEMBER & DECEMBER 2012

MINUTE: 11400 FILE REFERENCE: FI.RE.00.00 AUTHOR’S NAME AND POSITION:

Leah M John Finance Manager


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 11.3A

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

of December 2012. ATTACHMENT 11.3B

Consultation Executive Manager Corporate Service Other Executive managers Finance Manager Finance Officers


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Consultant Accountant 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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12. STRATEGIC & ECONOMIC DEVELOPMENT REPORTS

12.1 OUTCOME OF RFT 11/12 THE DESIGN AND CONSTRUCTION OF STAFF HOUSING AT LOT 292 POINSETTIA STREET, TOM PRICE

MINUTE: 11401 FILE REFERENCE: OR.CM.10.02 AUTHOR’S NAME AND POSITION:

Anika Serer Acting Partnership/Revitalisation Manager


Not Applicable


The author has no financial interest in the proposal


Not Applicable

Summary The Shire received two valid submissions for RFT 11/12 for the Design and Construction of Staff Housing at Lot 292 Poinsettia Street Tom Price, both of which were priced significantly above the Shire’s budget. Permission is sought from Council to reject these two submissions and to re-tender the project, with the following amendments: • disclosing the Shire’s budgeted cost • offering options to vary the number of the dwellings constructed, dependent upon the

submitted price • adjust the sizing of the dwellings Background The Shire is experiencing a shortage of staff accommodation and as such, a budget of $1.6 million was allocated to the design and construction of staff housing at Lot 292 Poinsettia Street Tom Price. On the 16th November 2012 the Shire called tenders for the design and construction of four villas for the purpose of staff housing at Lot 292 Poinsettia Street, Tom Price (RFT 11/12) and closed on 20th December 2012. Two eligible submissions were received. Upon review by the assessment panel, all tender submissions received exceeded the Shire’s budgeted cost of $1.6 million. Tenders were received from:


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1. Neowest Building Co for $2,400,724.52 (Inc GST) and; 2. Mitie Construction Pty Ltd for $2,903,101.00 (Inc GST)

It should be noted that the submission from Neowest did not include earthworks and siteworks, which would be carried out by the principal. A third submission was received from LMCD, however it was late and declared invalid. Comment As the two submissions are priced significantly higher than the Shire’s budget, it is recommended that Council reject all submissions. Further, it is requested that Council endorse the re-tendering for the design and construction of staff housing at Lot 292 Poinsettia Street, Tom Price, with the following amendments:

1. That the Shire’s budget of $1.6 million be included in the tender document. This will avoid further submissions being received that are not within consideration of the Shire’s assessment.

2. Provide the option to suppliers to tender for the construction of either three (3) or four (4) dwellings within the budget of $1.6 million.

3. Decrease the minimum size of a number of rooms and/or overall size of the dwellings to allow for best value for money principles to apply.

It is recommended that the assessment criteria for the design and construction of staff housing at Lot 292 Poinsettia Street, Tom Price remain as was originally published and this is as follows:

Price 40% Submitted design(s) 30% Time frame submitted for completion 20% Relevant experience 10% 100%

Consultation A/Chief Executive Officer Land and Economic Development Manager Project Support Officer Statutory Environment Local Government Act 1995 (as amended) Tenders for Providing Goods or Services Section 3.57 Financial Implications A budget of $1.6 milion has been allocated to the Design and Construction of Staff Housing at Lot 292 Poinsettia Street, Tom Price project. Strategic Implications Shire of Ashburton Community Strategic Plan, Goal 05: ‘Inspiring Governance’; Objective 03: ‘Develop, attraction, retention and professional development opportunities’ and ‘Provide a functional workplace and infrastructure’


35

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

1. Reject all submissions received for RFT 11/12 for the Design and Construction

of Staff Housing at Lot 292 Poinsettia Street, Tom Price.

2. Approve the re-tender of the Design and Construction of Staff Housing at Lot

292 Poinsettia Street Tom Price, using the same selection criteria as for Tender RFT 11/12, subject to:

a) Approves the inclusion of the Shire’s budget of $1.6 million into the tender

documentation.

b) Approves the inclusion of an option to vary the number of the dwellings

tendered for, dependent upon the submitted price.

c) The option to decrease the minimum size of a number of rooms and/or the

overall size of the dwellings to allow for best value for money principles to apply.

CARRIED 1/0


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12.2 REQUEST TO HOLD SPECIAL MEETING OF COUNCIL MINUTE: 11402 FILE REFERENCE: OR.CM.10.19 AUTHOR’S NAME AND POSITION:

Emma Heys Project Support Officer


Not Applicable




Not Applicable

Summary The Shire currently has four key tenders – Supply of Runway Construction Materials, Digital TV, Aerodrome Upgrade Lighting and Water Main Diversion at Onslow Airport. These tenders require a decision out of the advertised Ordinary Meetings of Council schedule. RFT 13/12 Water Main Diversion at Onslow Airport and RFT 16/12 Supply of Runway Construction Materials are due to close on Wednesday 16th January , RFT 17/12 Digital Television Upgrade is due to close on Friday 18th January 2013 and RFT 18/12 Supply & Installation of Aircraft Landing Lights at Onslow Aerodrome is due to close on Tuesday 22nd January 2013 . Due to the closing date of the tenders, the scheduled dates of the Ordinary Meetings of Council and established project timelines, it is proposed that a Special Meeting of Council be held by teleconference to enable the tenders to be reviewed so as not to hold up the delivery of the projects. Background On the 17th December 2012 the Shire called tenders for the water mains diversion at Onslow Airport, the upgrade of Digital TV in Onslow, the supply of runway construction materials and the supply & installation of aircraft landing lights at Onslow Aerodrome. These tenders close Wednesday 16th January 2013, Friday 18th January 2013 and Tuesday 22nd January 2013 respectively. Whilst every endeavor was made to try and have the assessment of tenders fall within the scheduled Council meeting dates, the timing of the Christmas holiday period prevented this from occurring. The Supply of Runway Construction Materials, the Water Mains Diversion at Onslow Airport and the Onslow Aerodrome Upgrade are essential airport projects that are required to meet set timeframes and deadlines. In particular, the water mains diversion is to be constructed around the proposed new airstrip and as such, current constructions cannot continue until the water mains diversion is complete.


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The Digital TV Retransmission is another key project for Onslow that adheres to the Shire’s Strategic Goals. If these projects are delayed, this will in turn have detrimental impacts upon both the wider Onslow community. Comment It is proposed to hold a Special Meeting of Council on the Thursday 7 February 2013 at 10:00am by Teleconference for the purposes of determining the preferred contractor/supplier for the three tenders. It is requested that Council approve Tom Price Council Chambers, the Onslow Multi-Purpose Centre and the Conference Room City of Kalgoorlie Boulder as a suitable venue for attendance at the meeting by means of instantaneous communication as required by regulation 14A of the Local Government Administration Regulations 1996. Consultation A/Chief Executive Officer Executive Manager - Strategic and Economic Development Project Manager Project Support Officer Statutory Environment Section 5.25 of the Local Government Act and Regulation 14A of the Administration Regulations 1996 apply. Financial Implications Nil – as it is proposed that the meeting be held by Teleconference. 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 Policy Implications Nil Voting Requirement Absolute Majority Required


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Council Decision MOVED: Commissioner R Yuryevich That Council:

1. Convene a Special Meeting of Council on Thursday 7 February 2013 commencing at 10:00am for the purpose of determining the tenders RFT 13/12 Water Main Diversion at Onslow Airport , RFT 16/12 Supply of Runway Construction Materials, RFT 17/12 Digital Television Upgrade and RFT 18/12 Supply & Installation of Aircraft Landing Lights at Onslow Aerodrome.

2. Approve the use of instantaneous communications for the Special Meeting in

the following locations:

Tom Price Council Chambers, Central Rd, Tom Price Onslow Multi-Purpose Centre, corner of McGrath Rd and Hooley Ave and the Conference Room City of Kalgoorlie Boulder 577 Hannan St Kalgoorlie



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12.3 APPROVAL TO TENDER THE SUPPLY AND INSTALLATION OF ONSLOW AERODROME PERIMETER FENCING

MINUTE: 11403 FILE REFERENCE: TR.AT.00.00 AUTHOR’S NAME AND POSITION:

Megan Walsh Project Manager


Not Applicable




Not Applicable

Summary The Shire is currently undertaking the Onslow Aerodrome Redevelopment, including the construction of a new 1900m airstrip to CASA Code 3C requirements. A CASA and OTS (Office of Transport Security) requirement of the redevelopment will be the installation of human/vermin proof fencing around the aerodrome boundary. Security of the aerodrome is important and the fence line becomes the interface between landside (public) and airside (security controlled access). Perimeter fencing also reduces the risk associated with wildlife strikes. Fences, gates and signage to limit unauthorized access airside are all in the interests of best practice and safety. The purpose of this report is to determine the selection criteria for the Tender For The Supply And Installation Of Onslow Aerodrome Perimeter Fencing. Background The Onslow Aerodrome Redevelopment includes construction of a new runway, taxiway and apron, a new terminal building complete with passenger and baggage screening facilities, new access road and parking facilities. Chevron has agreed to contribute $30 million to the redevelopment project which is to be delivered over a twelve month period. This includes the installation of boundary fencing, gates and special locking systems on gates.

Comment The proposed Tender will require a fixed price submission for the supply of materials and labour to undertake the specified fencing works to be installed, in accordance with the scope of works requirements and conditions. The General Conditions of Contract shall be AS 2124-


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1992. A best value for money approach shall be applied to the Tender, with the following Qualitative Criteria and weighting:

a) Price

50%

b) Previous experience on Similar Projects Describe your experience in completing/supplying similar requirements. Tenders should as a minimum address the following:

(a) Provide details of similar work: (b) Provide scope of the tenderer’s involvement

including details of outcomes; (c) Demonstrate competency and proven track record

of achieving outcomes.

20%

c) Occupational Health and Safety

10%

d) Tenderer’s Resources & ability to meet required timeframe

Tenderer’s should demonstrate their ability to supply and sustain the necessary:

(a) Plant, equipment and materials; and (b) Any contingency measures or back up resources

including personnel (were applicable) As a minimum, Tenderer’s should provide a current commitments schedule and plant/equipment schedule as an attachment.

20%

The Shire’s ‘Buy Local – Regional Price Preference Policy’ will also apply to the Tender evaluation. The Tender will be published immediately upon receipt of Council’s endorsement in order that it may be awarded at the March 2013 Council meeting to enable works to commence as soon as the project scope requires. Most of the equipment will require time to order with lead times generally a minimum of 6 weeks. Consultation Executive Manager - Strategic and Economic Development Executive Manager - Operations AMS – Councils Aerodrome Consultants Statutory Environment Local Government Act 1995, S3.57 Tenders for providing goods or services Local Government (Functions and General) Regulations 1996 – Regulation 14 (2a) Financial Implications All expenditure is included in Councils endorsed 2012/2013 Annual Budget 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 Policy Implications FIN04 – Buy Local – Regional Price Preference Policy and


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FIN12 – Purchasing & Tender Policy Voting Requirement Simple Majority Required Council Decision MOVED: Commissioner R Yuryevich That Council: 1. Directs the Acting Chief Executive Officer to publicly invite tenders for the Supply

and Installation of Aerodrome Perimeter Fencing in accordance with the following evaluation criteria;

a) Price 50% b) Previous experience on similar projects 20% c) Time frames 10% d) Tenderer’s Resources 20% The Shire’s ‘Buy Local – Regional Price Preference Policy’ will also apply to the Tender evaluation. CARRIED 1/0


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

MINUTE: 11404 FILE REFERENCE: TR.AT.00.00 AUTHOR’S NAME AND POSITION:

Amanda O’Halloran Executive Manager – Strategic & Economic Development


Chevron Australia PTY LTD




Ordinary Meeting of Council 12 December 2012 Minute: 11374

Summary At the 12 December 2012 Ordinary Council Meeting in Onslow the Council resolved to: “1. Authorise the proposed Emergency Evacuation Works at the Onslow Aerodrome up

to the value $1,277,882 and delegate to the A/Chief Executive Officer the authority to incur expenditure up to this value (subject to tender provisions).

2. Delegate to the A/Chief Executive Officer and the Shire President the authority to

execute the Financial Assistance Agreement. 3. Approve the application of the Shire’s Common Seal to the Wheatstone Project

ATTACHMENT 12.4 Financial Assistant Agreement. 4. Amend the 2012/13 budget by providing for $1,277,882 in expenditure and

$1,277,882 in income at the annual financial review, with account codes to be confirmed.”

However the agenda item and the Chevron Financial Agreement referred to different figures and this Item is to correct the issue formally. Background The Onslow aerodrome, located on Shire land at 16 Onslow Road is currently undergoing extensive redevelopment which includes:

• construction of a new runway,(The new airstrip is located to the east of the existing airstrip and will enable the operation of Fokker-100 jet aircraft. )

• taxiway and apron, • a new terminal building complete with passenger and baggage screening facilities, • new access road and parking facilities.


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Chevron has agreed to contribute $30 million to the redevelopment project which is to be delivered over a twelve month period. This project is well underway. 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:

1. Be able to move a higher number of passengers And; 2. 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). Comment At the 12 December 2012 Ordinary Meeting of Council, Council endorsed to proceed with the required works to the value of $1,277,881.28 to enable Jet services to operate into Onslow in the short to medium term, prior the major upgrade being finalised. The information presented in the agenda Item showed a table that referred to an agreement with Chevron to fund the required works for $1,277,881.28. All recommendations therefore referred to this figure. The attached Financial Agreement however referred to a total Preliminary Estimate of $1,383,881.28. It has become apparent that Chevron had endorsed a further $104,000.00 for routine runway maintenance and inspection prior to the issuing of the final financial agreement for inclusion in the agenda. This was therefore overlooked by the author when writing the agenda. This Item is to amend the Financial Agreement Total on the record to $1,383,881.28 and ensure that the recommendations endorsed at the 12 December 2012 Ordinary Meeting of Council are amended to ensure the correct figure is quoted and are legally valid. The Financial Agreement and amended schedule of works is attached.

ATTACHMENT 12.4 As the project had been initiated Department of Local Government advise that a motion varying the consideration is the most appropriate way to deal with the matter. Consultation A/Chief Executive Officer Executive Manager - Operations Project Manager Darren Lundberg - Chevron Peter Taylor - Chevron Statutory Environment Local Government Act 1995, S3.57 Tenders for providing goods or services


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Policy Implications Shire of Ashburton Policy ‘Buy Local – Regional Price Preference Policy.’ Financial Implications The annual budget will increase in expenditure and income by $1,383,881.28 – The financial agreement negotiated by 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. There will be no financial impost on Council – administrative charges and imposts have been accounted for. 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. Voting Requirement Absolute Majority Required Council Decision MOVED: Commissioner R Yuryevich 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 at the January 2012 Budget Review, with account codes to be confirmed.



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12.5 REQUEST BY BESTON PARKS LAND CO PTY LTD FOR EXTENSION OF TIME RE SALE OF LOTS 555 & 556 BEADON CREEK ROAD, ONSLOW

MINUTE: 11405 FILE REFERENCE: ON.BD.555 AUTHOR’S NAME AND POSITION:

Anika Serer Economic and Land Development Manager


Beston Parks Land Co Pty Ltd




Ordinary Meeting of Council 12 December 2012 Agenda Item 12.2; Ordinary Meeting of Council October 2012 Agenda Item 12.1; Ordinary Meeting of Council 20 June 2012 Agenda Item 13.10; Ordinary Meting of Council 16 November 2011 Agenda Item 13.6

Summary Beston Parks Pty Ltd have requested an extension to the due diligence date specified in the contract to purchase Lots 555 & 556 Beadon Creek Road, Onslow from the Shire of Ashburton. The contract provides 60 days from the date of acceptance of the offer for the purchaser to carry out due diligence, being 11 February 2013. The purchaser requests an extension to 14 March 2013, to coincide with the date due for planning approval in accordance with the contract. Background The Offer by Beston Parks Land Co Pty Ltd to purchase Lots 555 & 556 Beadon Creek Road, Onslow for the combined value of $4,500,000 (excl GST) was accepted by Council at the Ordinary Meeting held on 12 December 2012, following advertising of a business plan relating to same for a period of 6 weeks. The Offer provided for the following conditions of sale:

1) The buyer lodging an application for development approval generally in accordance with the Local Planning Policy, with Pilbara JDAP within 14 days of acceptance of the Offer, and receiving approval within 120 days of acceptance;

2) The buyer lodging applications for such other approvals and consents as may be required and receiving approvals on or before 120 days after the date the Offer is accepted;

3) A Due Diligence period of 60 days commencing from acceptance of the Offer enabling the buyer to investigate any legal, valuation, cultural, survey, planning, sewer and other enquiries in relation to the purchase of the Property;


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4) Development of the property, in accordance with development approvals, shall be completed within two years from the date on which the Buyer is entitled to commence works

5) Deposit of $450,000 shall be held in an interest-bearing account by the Shire’s settlement agent on behalf of the buyer upon acceptance of the Offer

6) Settlement to take place 30 days after satisfaction of the above conditions The overall timeframe to complete the transaction, including the business plan, development approval, due diligence and settlement, is approximately 30 weeks (7-8 months) Comment Beston Parks Pty Ltd have contacted the Shire to formally request an extension of time to the 60 day period provided for Due Diligence to be carried out. This condition is required to be satisfied by 11 February 2013 however the purchaser has requested an extension until 14 March 2013 for the following reasons:

1. The purchaser has experienced significant delays receiving responses from Landgate and Department of Indigenous Affairs to their enquiries;

2. The first available date for consultants to undertake the cultural heritage survey of the subject land is 29 January 2013; and

3. General disruptions to the purchaser’s daily operations (they are the proprietor of Discovery Park) as a result of recent cyclone warnings and activity.

The proposed extension date will coincide with the date the purchaser is required to receive planning approval for their proposed development on the site, being another condition of sale, and therefore does not affect overall timelines or substantially change the conditions of contract. Consultation Peter Kyle – Haynes Robinson Lawyers Frank Ludovico – Acting CEO Statutory Environment Local Government Act 1995 – Section 3.58 “Disposing of Property” Local Government Act 1995 – Section 3.59 “Commercial Enterprises by Local Government” Financial Implications The extension of time has no financial implications on the conditions of contract Strategic Implications Strategic Community Plan 2012 – 2022:

1. Economic Prosperity 2. Vibrant and Active Communities 3. Distinctive and Well Serviced Places

Policy Implications None noted Voting Requirement Absolute Majority Required


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Council Decision MOVED: Commissioner R Yuryevich That Council approve the request by Beston Parks Land Co Pty Ltd to extend the date by which they must satisfy Condition 7 ‘Due Diligence’ of the Offer to Purchase Lots 555 & 556 Beadon Creek Road, Onslow from 11 February 2013 until 14 March 2013. CARRIED BY ABSOLUTE MAJORITY 1/0


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13. TECHNICAL SERVICES REPORTS

13.1 EXTENSION OF PLANNING APPROVAL - BEADON CREEK SALTWATER INTAKE FACILITY, BEADON CREEK, ONSLOW

MINUTE: 11406 FILE REFERENCE: RD.OG.02.05

20110494 (P) AUTHOR’S NAME AND POSITION:

Rob Paull Principal Town Planner


Chevron Australia




Agenda Item 13.6 (Minute No. 11053) from the Ordinary Meeting of Council 19 October 2011

Summary At the Council meeting of 19 October 2011, Council approved a ‘temporary’ seawater extraction facility at Lot 561, Beadon Creek Road, Onslow for Chevron Australia. Chevron advised that water from the extraction is to be carted along Beadon Creek Road for approximately 8 months. After this period, a pipeline is proposed whereby water will be pumped to a standpipe and accessed directly from Onslow Road. The proposal was clearly for temporary purposes only. Chevron has now requested that the facility be approved indefinitely for other projects in and around Onslow. Although there may be some merit in allowing an extension of the project, it should not be open ended as sought by Chevron. It is recommended that approval be extended for 12 month period. Background At the Council meeting of 19 October 2011, Council approved a ‘temporary’ seawater extraction facility at Lot 561, Beadon Creek Road, Onslow for Chevron Australia. The Approval provided an expiry period of 28 October 2012, however it gave the Chief Executive Officer (CEO) authority to extend the approval period as follows:

a) This Approval will expire on 20 October 2012 and all approved works shall be removed within 28 days of the date of expiry or other period as agreed by the Chief Executive Officer.

In July 2012, the CEO agreed to a request by Chevron to extend the approval period of the


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facility until 31 March 2013. By way of information, the purpose of this Planning Approval was for: i) A seawater extraction facility at Lot 561 Beadon Creek Road, Onslow; and ii) A temporary high-density polyethylene (HDPE) above-ground pipeline extending from

the seawater extraction facility at Lot 561 to the existing truck turnaround on Onslow Road. The truck turnaround is located ~900m South East of the intersection of Beadon Creek Road and Onslow Road.

iii) Holding tanks and loading facilities located at or adjacent to the truck turnaround area facilitating the storage and loading of seawater into water tankers for transport to the Ashburton North Strategic Industrial Area (ANSIA).

iv) Trucking of seawater from the truck turnaround area to the ANSIA. These proposed facilities were to provide the initial water source for early construction activities associated with the Wheatstone LNG and Domestic Gas (Domgas) Plant in the Ashburton North Strategic Industrial Area (ANSIA). Water extracted from the proposed Beadon Creek Lot 561 seawater intake facility was intended to be transported by truck to the ANSIA and used for: i) Bulk earthworks soil conditioning ii) Soil compaction and dust suppression. iii) As initial supply to a reverse osmosis (RO) desalination facility capable of treating

seawater to a potable standard to supply the accommodation village located within the ANSIA.

The land subject to this Planning Approval comprises three separate lots and a portion of the Onslow Road reserve. These lots comprise: Lot/Reserve No. Management Purpose of Reserve

561/30711 Department of Transport Harbour 500/19291 Shire of Ashburton Common 957/220439 N/A Crown The Seawater Intake Facility is located on Lot 561. This lot is reserved for ‘Harbour Purposes’ with a management order held by the Minister for Transport (L473556). The management order grants the Minister the power to lease, sub-lease, or license the land or portion of the land for the designated purpose for any term. The pipeline traverses land the following landholdings: i) Lot 561 on Plan 174170 (LR3152 – 109). This lot comprises Reserve 30711 and is

managed by the Department of Transport. ii) Lot 973 on Deposited Plan 220439 (LR3115 – 262). This area is denoted as

unallocated Crown Land and controlled by the Department for Regional Development and Lands.

iii) Lot 500 on Plan 53870 (LR3152 – 109). This lot comprises a portion of Reserve 19291 with Management Order to the Shire of Ashburton to be used for ‘Common’ purposes.

iv) The truck turnaround within the Onslow Road reserve that is controlled by Main Roads WA.

Chevron advised that it holds a lease from the Department of Transport (DoT) for a portion


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of Lot 561 and is in the final stages of re-negotiating the terms of this lease, extending it for another 10 years (until 2021). Proposal Chevron has now requested that the facility be approved indefinitely for other projects in and around Onslow.

ATTACHMENT 13.1 Comment The Shire of Ashburton Town Planning Scheme No. 7 (LPS7) reserves the land subject to this application for ‘Public Purposes – Port Facilities’. The Shire does have the opportunity to lessen the impacts of the development however ‘Port Facilities’ is a wide-ranging purpose whereby port related uses would not normally require the approval of the Shire. The proposal however is not directly Port related and therefore planning approval is required from the Shire. Although there may be some merit in allowing an extension of the project, it is considered that it should not be open ended as sought by Chevron, as it is not a use that should be encouraged on an on-going basis. Consultation Chief Executive Officer A/Executive Manager - Technical Services Executive Manager - Strategic and Economic Development Statutory Environment The Shire of Ashburton Town Planning Scheme No. 7 (LPS7) reserves the land subject to this application for ‘Public Purposes – Port Facilities’. This proposed development is considered consistent with the purpose of the Scheme reserve. The land is also included in the ‘Onslow Coastal hazard Area under the Scheme which has limitations placed on minimum floor heights for certain uses and developments. The potential for flood and storm surge impact to development is addressed in Clause 6.2 of LPS7 where Council is required to consider whether a proposed development may be incompatible with flood or storm events and refuse or condition any approval accordingly. Given the requirement of this development to be located close to a water source, and its temporary nature, it is submitted that further assessment is not required for this application and that no significant risk is presented in approving the application. 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


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Council Decision MOVED: Commissioner R Yuryevich That Council extend Planning Approval 20110494 (P) for ‘temporary’ seawater extraction facility at Lot 561, Beadon Creek Road, Onslow Shire of Ashburton until 28 January 2014. CARRIED 1/0


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13.2 DECISION OF THE HON. MINISTER FOR PLANNING - DRAFT LOCAL PLANNING SCHEME NO. 14 FOR FINAL APPROVAL

MINUTE: 11407 FILE REFERENCE: PS.TP.7.14 AUTHOR’S NAME AND POSITION:



Shire of Ashburton


The author has no financial interest in this matter.


Agenda Item 13.8, Minute 11144, Ordinary Meeting of Council 21 March 2012 Agenda Item 13.7, Minute 11117, Ordinary Meeting of Council 15 February 2012 Agenda Item 13.05, Minute 11069, Ordinary Meeting of Council 16 November 2011 Agenda Item 13.06.39 Ordinary Meeting of Council 15 June 2011 Agenda Item 13.05.31 Ordinary Meeting of Council 18 May 2011 Agenda Item 13.02.09 Ordinary Meeting of Council 16 February 2011 Agenda Item 13.10.58 Ordinary Meeting of Council 15 October 2010

Summary Draft Amendment No. 14 to the Shire of Ashburton Local Planning Scheme (‘Scheme’) was adopted for final approval by Council at the 16 November 2011 meeting. Draft Amendment No. 14 seeks to address the prohibition of transient workforce accommodation in the Commercial and Civic zone for Onslow, Paraburdoo and Tom Price and allows Council to consider planning applications for transient workforce accommodation, only where certain design standards and criteria are met. At the Council Meeting of April 2011, Council adopted draft Amendment No.14 for advertising (42 days). Two (2) submissions of no objection were received during the advertising period. The 16 November 2011 resolution adopted draft Amendment No. 14 for final approval but excluded transient workforce accommodation as a discretionary use from the Commercial and Civic zone in Onslow.


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At the meeting of 15 February 2012 Council revoked the resolution of 16 November 2011 and requesting the Chief Executive Officer to prepare a further report to the Council meeting of March 2012. The report to Council of 21 March 2012 addressed the provisions of Amendment No. 14 along with a statutory limit on the number of units and the opportunity to include a time limit on the use. At this meeting, Council resolved to adopt Amendment No. 14 which amongst other things, included transient workforce accommodation as a discretionary use from the Commercial and Civic zone in Onslow. The Hon. Minister for Planning has favourably determined the Amendment however a modification is sought whereby draft Clause 6.10.4 (a) is modified to remove reference to ‘…community..’ as a benefit for transient workforce accommodation. In addition, the Hon. Minister seeks to clarify that transient workforce accommodation is a ‘A’ use in the Commercial and Civic zone. The modification required by the Hon. Minister for Planning is not opposed although it is still considered that it is reasonable to have transient workforce accommodation development as a benefit to the community. Accordingly, it is recommended that Amendment No. 14 be modified as required by the Hon. Minister. Background The Shire of Ashburton Local Planning Scheme No. 7 (‘Scheme’) was Gazetted on 24 December 2004 and has not been reviewed. Under the Scheme, transient workforce accommodation is a prohibited use in the Commercial and Civic zone. Transient workforce accommodation is defined as:

“.... dwellings intended for the temporary accommodation of transient workers and may be designed to allow transition to another use or may be designed as a permanent facility for transient workers and includes a contractors camp and dongas...”

Commercial and Civic zones are found in Onslow, Paraburdoo and Tom Price. The zone has limited planning controls associated with development and use. The (final) Onslow Townsite Strategy included the following statement:

“Development Principles • It is appropriate that any such Transient Workforce Accommodation be of a very

high quality for the benefit of occupiers, as well as the community. • Motel style development, with significant landscaping, quality design and

materials, will be encouraged. • A limitation on the overall proportion (%) of Transient Workforce Accommodation

within a development should also be a consideration of the Amendment. Desired Future Character A modification to the Scheme to reflect this desired outcome of design and development is recommended. In addition, it is noted that the Commercial and Civic zone prohibits Transient Workforce Accommodation. In this regard, it is appropriate that the Shire consider amending the Scheme to allow Transient Workforce Accommodation in this zone on the basis referred to above.”

This point of view was also adopted by Council in October 2010 when considering the ‘Position Paper on Fly-In Fly-Out Workforce and Accommodation’:


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“ii) An amendment to the Shire of Ashburton Local Planning Scheme No. 7 that would allow transient workforce accommodation in the Commercial and Civic zone as an ‘A’ use and where such development reflects the following ‘principles’: • any such transient workforce accommodation will be of a very high quality for

the benefit of occupiers, as well as the community; • motel style development, with significant landscaping, quality design and

materials, will be encouraged; and • a limitation on the overall proportion (%) of transient workforce

accommodation within a development may be required by Council.”

In addition, Amendment No. 9 for the Scheme (that establishes the Ashburton North Strategic Industrial Area) includes the following Policy Statement:

“The intent of local government is for all transient workforce accommodation within the ANSIA to be for construction purposes associated with development of the ANSIA. Permanent or operational staff will be housed in Onslow. In accordance with the adopted Onslow Townsite Strategy, such accommodation in Onslow is expected to be of a very high quality motel style development, with significant landscaping, quality design and materials for the benefit of occupiers, as well as the community.”

Draft Amendment No. 14 to the Shire of Ashburton Local Planning Scheme (‘Scheme’) was initiated by Council at the 16 February 2011 meeting. Draft Amendment No. 14 seeks to address the prohibition of transient workforce accommodation in the Commercial and Civic zone for Onslow, Paraburdoo and Tom Price and allow Council to consider planning applications for transient workforce accommodation only where certain design standards and criteria are met. The draft provision states as follows:

“6.10 Commercial zones ADDING THE FOLLOWING: 6.10.4 Transient workforce accommodation may be considered by the Local

Government only where the following requirements are met and where the Applicant can demonstrate all of the following: a) the proposed transient workforce accommodation development is of a

very high quality for the benefit of occupiers, as well as the community; b) the proposed development represents a motel or resort style

development, with significant landscaping, recreation areas/facilities, quality design, quality infrastructure and materials;

c) a limitation on the overall proportion (%) of transient workforce accommodation within a development and where accommodation for tourists and the like is made available;

d) connection to reticulated sewer, water, and power is available; and e) where the development is of a permanent nature and where dongers,

or transportable buildings or structures of any description are not proposed.

6.10.5 Where in the opinion of the Local Government any of the provisions of Clause

6.10.4 are not met, transient workforce accommodation is prohibited.”


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The intent is to encourage a design and development that will be very high quality for the benefit of occupiers, as well as the community. The Scheme provision is supported by a draft Local Planning Policy (ATTACHMENT 13.2)

ATTACHMENT 13.2 The 16 November 2011 resolution adopted draft Amendment No. 14 for final approval excluded transient workforce accommodation as a discretionary use from the Commercial and Civic zone in Onslow. At the meeting of 15 February 2012 Council revoked the resolution of 16 November 2011 and requesting the Chief Executive Officer to prepare a further report to the Council meeting of March 2012. The report to Council of 21 March 2012 addressed the provisions of Amendment No. 14 along with a statutory limit on the number of units and the opportunity to include a time limit on the use. At this meeting, Council resolved to adopt Amendment No. 14 which amongst other things, included transient workforce accommodation as a discretionary use in the Commercial and Civic zone in Onslow. The Hon. Minister for Planning has favourably determined the Amendment however a modification is sought whereby draft Clause 6.10.4 (a) is modified to remove reference to ‘…community..’ as a benefit for transient workforce accommodation. In addition, the Hon. Minister seeks to clarify that transient workforce accommodation is a ‘A’ use in the Commercial and Civic zone. Comment The provisions of the Amendment are to be supported by Local Planning Policy. Draft Amendment No. 14 reflects the direction of Council as defined in considering the ‘Position Paper’ in October 2010, although proposed Clause 6.10.4 (b) has been adjusted to include reference to such development including “...recreation areas/facilities...” for workforce accommodation. In addition to the draft Clauses 6.10.4 and 6.10.5 above, the Scheme Table is amended to permit transient workforce accommodation on the Commercial and Civic zone. It is considered that such uses should be permitted subject to advertising and subject to compliance with draft Clauses 6.10.4 and 6.10.5. The modification required by the Hon. Minister for Planning is not opposed although it is still considered that it is reasonable to have transient workforce accommodation development as a benefit to the community. Accordingly, it is recommended that Amendment No. 14 be modified as required by the Hon. Minister. Consultation A/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 EPA after which public advertising of the proposal occurs. After public


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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 (this is where this ‘draft Amendment’ currently sits in the process). 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. Pursuant to the direction of the Hon. Minister for Planning modifies Amendment

No. 14 to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") as follows:

1. Modifying Clause 6.10 of the Scheme as by inserting the following clause:

“6.10 Commercial zones

ADDING THE FOLLOWING:

6.10.4 Transient workforce accommodation may be considered by the Local Government only where the following requirements are met and where the Applicant can demonstrate all of the following:

a) the proposed transient workforce accommodation

development is of a very high quality; b) the proposed development represents a motel or resort style

development, with significant landscaping, recreation areas/facilities, quality design, quality infrastructure and materials;

c) a limitation on the overall proportion (%) of transient workforce accommodation within a development and where accommodation for tourists and the like is made available;

d) connection to reticulated sewer, water, and power is available; e) what time limit on the transient workforce accommodation use

should be imposed; and f) where the development is of a permanent nature and where

dongers, or transportable buildings or structures of any description are not proposed.


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6.10.5 Where in the opinion of the Local Government any of the provisions of Clause 6.10.4 are not met, transient workforce accommodation is prohibited.”

2. Modifying the Zoning Table identifying the use class ‘Transient Workforce

Accommodation’ as a ‘A’ use in the Commercial and Civic zone. 2. Authorise the Commissioner and the Chief Executive Officer to execute the


3. That Council refer Amendment No. 14 as modified to the Department of Planning

for instruction to Gazette. 4. The Chief Executive Officer be requested to advertise draft ‘Local Planning Policy

- Assessment of Applications under Clause 6.10.4 and 6.10.5 of the Shire of Ashburton Local Planning Scheme No. 7’ (ATTACHMENT 13.2) for final approval after Gazettal of Amendment No. 14.

CARRIED 1/0


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




LandCorp




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 Agenda Item 13.10.61 Ordinary Meeting of Council 20 October 2010


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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. Most relevantly, LandCorp and the Department of State Development (DSD) have placed submissions calling for the inclusion of the ‘'Scarborough LNG plant' in the Amendment. Council, at the Ordinary Meeting of 15 August 2012, 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. The August 2012 Council resolution did not include reference to the Local Government Act. Hence draft Amendment No. 17 is referred back to Council in order to rescind Minute No. 11274 and to re-adopt the Amendment, 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. 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).


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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. 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:


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• 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.

• Draft Amendment No. 18 seeks to zone land (Stage 1C) to ‘Industry’ zone. 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. The Amendment was referred to the EPA, which advised that the proposed scheme amendment should not be assessed under Part IV Division 3 of the Environmental Protection Act 1986 (EP Act). At the Ordinary Meeting of 15 August 2012 Council was provided with a detailed report that advised that after advertising Amendment No. 17 for 42 days where a total of 9 submissions were received (excluding the EPA advice).

ATTACHMENT 13.3 LandCorp and the Department of State Development (DSD) made submissions calling for the inclusion of the ‘'Scarborough LNG plant' in the Amendment. 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 was 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. Council at the Ordinary Meeting of 15 August 2012 resolved to adopt Amendment No. 17 for final approval and without modification.


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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 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. 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 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


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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. Council Decision MOVED: Commissioner R Yuryevich

1. That Item 13.3 be laid on the Table until the next available Ordinary Meeting of Council.

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.

CARRIED BY ABSOLUTE MAJORITY 1/0 REASON FOR CHANGE OF RECOMMENDATION: By Email dated Monday 21 January 2013, Mr Chris Clarke, Executive Director Strategic Infrastructure/Resources and Industry Development, Department of State Development requested the Item be deferred to enable the Department and LandCorp to make a presentation on this matter at the next ordinary Council Meeting.


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13.4 RECISION AND RE-ADOPTION OF DRAFT LANDCORP ANSIA INDUSTRIAL DEVELOPMENT PLAN AND DRAFT AMENDMENT NO. 18 TO PLANNING SCHEME NO.7




LandCorp




Agenda Item 13.6 Minute: 11275 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 Agenda Item 13.10.61 Ordinary Meeting of Council 20 October 2010


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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 (Stage1B). Draft Amendment No. 17 provides an additional area for an additional LNG plant (‘Scarborough’) and a site for Transient Workforce Accommodation (TWA) in the ANSIA (Note: this matter is separately discussed in detail in Item 13.3).

• Draft Amendment No. 18 seeks to zone land (Stage 1C) to ‘Industry’ zone. A total of 8 submissions were received (excluding the EPA advice) during advertising. The submissions are addressed in the Schedule included as an attachment to this Report. One aspect that needs to be addressed is the issue of ensuring that the subdivision potential of land within Amendment No. 18 is reflective of further development planning and ensure that lot sizes of the industrial area does not automatically lead to subdivision being a minimum of 2000m2 as provided for in the Scheme. After discussion with LandCorp concerning this issue, it is considered appropriate that a further provision be included in the Scheme as follows: 6.11.6 Within the Ashburton North Strategic Industry Special Control Area, the Local

Government shall not recommend approval of lots in the ‘Industry’ zone unless it is generally reflects the lot design, layout and lot minimums as provided for in an endorsed development plan.

Council at the Ordinary Meeting of 15 August 2012 resolved to adopt Amendment No. 18 for final approval and adopt the draft LandCorp ANSIA Industrial Development Plan insofar as it addresses land subject of draft Amendment No. 18. 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). The adoption of 15 August 2012 did not include reference to the Local Government Act. Draft Amendment No. 18 is referred back to Council to rescind Minute No. 11275 and to re-adopt the Amendment 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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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 ANSIA Structure Plan and Amendment No. 10 have been approved by the Western Australian Planning Commission (WAPC) and the Minister for Planning 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, 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. 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 Industrial Development Plan and draft Amendments No. 17 and 18 that Council:


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• 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 an additional area for an additional LNG plant (‘Scarborough’) and a site for Transient Workforce Accommodation (TWA) in the ANSIA.

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

ATTACHMENT 13.4 Comment The development of land reflected by Amendment No. 18 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. The Amendment was referred to the EPA which advised that the proposed scheme amendment should not be assessed under Part IV Division 3 of the Environmental Protection Act 1986 (EP Act). The Amendment was advertised for 42 days and a total of 8 submissions were received (excluding the EPA advice). The submissions are addressed in the attached Schedule.ne aspect that needs to be addressed is the issue of ensuring that the subdivision potential of land within Amendment No. 18 is reflective of further development planning and ensure that lot sizes of the industrial area does not automatically lead to subdivision being a minimum of 2000m2 as provided for in the Scheme. After discussion with LandCorp concerning this issue, it is considered appropriate to add a further provision be included in the Scheme as follows: 6.11.6 Within the Ashburton North Strategic Industry Special Control Area, the Local

Government shall not recommend approval of lots in the ‘Industry’ zone unless it is generally reflects the lot design, layout and lot minimums as provided for in an endorsed development plan.

Council at the Ordinary Meeting of 15 August 2012 resolved to adopt Amendment No. 18 for final approval and adopt the draft LandCorp ANSIA Industrial Development Plan insofar as it addresses land subject of draft Amendment No. 18. 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. The 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. 11275 and re-adopt the Amendment, at 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.


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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. 18 along with draft LandCorp ANSIA Industrial Development Plan was undertaken to the following: 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 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. Under the Section 41 of EP Act, decision-making authorities (including the Shire or a JDAP) are not to make any decision that would allow the proposal to be implemented until the EPA's assessment of the proposal and the Minister for the Environment's decision making is complete. Section 41 of the EP Act would not prevent the advertising or referral of a planning application however it would prevent a decision on an application until the Minister for the Environment determines the environmental assessment. Advertising of Amendments No. 18 commenced after the EPA has determined the level of environmental assessment.


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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 A new Strategic Industrial Area at Ashburton North will have significant impact upon the Shire and in particular, the strategic direction for Onslow. The Shire supports the direction of the Federal and State governments. 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. Council Decision MOVED: Commissioner R Yuryevich That Council: (A) RESCIND RESOLUTION ASSOCIATED WITH MINUTE: 11275

1 . Rescind Resolution associated with Minute: 11275 Ordinary Meeting of Council 15 August 2012 (Item 13.06) “Draft LandCorp ANSIA Industrial Development Plan and Amendment No 18 to Planning Scheme No 7. for final Approval.”

“That Council: (A) DRAFT LOCAL PLANNING SCHEME AMENDMENT NO. 18

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. 18 ("draft Amendment") to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") by rezoning of land and modifying Clause 6.11 as follows:

a) Rezone Portion of Lot 152, Onslow Road from ‘Rural’ zone to ‘Industry’ zone.

b) Amend the Scheme Maps accordingly.


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c) Modify Clause 6.11.8 of the Scheme by inserting the following new clause: “6.11.8 Within the Ashburton North Strategic Industry Special Control Area, the Local Government shall not recommend approval of lots in the ‘Industry’ zone unless it is generally reflects the lot design, layout and lot minimums as provided for in an endorsed development plan.”

d) Accordingly renumber the existing Clauses 6.11.8 – 6.11.10

(inclusive).

2. That the Council endorses the Schedule of Submissions ATTACHMENT 13.6B prepared in response to the community consultation undertaken in relation to Amendment No. 18.

3. That the Council refer Amendment No. 18 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. 18 to the Scheme, Council:

5. Adopts the 'Schedule of Submissions' ATTACHMENT 13.6B 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 13.6B.

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. 18.”

(B) DRAFT LOCAL PLANNING SCHEME AMENDMENT NO. 18

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. 18 ("draft Amendment") to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") by rezoning of land and modifying Clause 6.11 as follows:


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a) Rezone Portion of Lot 152, Onslow Road from ‘Rural’ zone to

‘Industry’ zone. b) Amend the Scheme Maps accordingly. c) Modify Clause 6.11.8 of the Scheme by inserting the following new

clause:

“6.11.8 Within the Ashburton North Strategic Industry Special Control Area, the Local Government shall not recommend approval of lots in the ‘Industry’ zone unless it is generally reflects the lot design, layout and lot minimums as provided for in an endorsed development plan.”

d) Accordingly renumber the existing Clauses 6.11.8 – 6.11.10 (inclusive).

2. That the Council endorses the Schedule of Submissions ATTACHMENT

13.4 prepared in response to the community consultation undertaken in relation to Amendment No. 18.

3. 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.

4. That the Council refer Amendment No. 18 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.

(C) LANDCORP ANSIA INDUSTRIAL DEVELOPMENT PLAN

Insofar as the draft Landcorp ANSIA Industrial Development Plan addresses land subject of draft Amendment No. 18 to the Scheme, Council: 5. Adopts the 'Schedule of Submissions' ATTACHMENT 13.4. 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 13.4.


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8. 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. 18.



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13.5 DECISION OF THE HON. MINISTER FOR PLANNING - DRAFT LOCAL PLANNING SCHEME NO. 13 FOR FINAL APPROVAL




Shire of Ashburton




Agenda Item 13.4, Minute: 11068 Ordinary Meeting of Council 16 November 2011 Agenda Item 13.4.26 Ordinary Meeting of Council 20 April 2011 Agenda Item 13.12.76 Ordinary Meeting of Council 15 December 2010

Summary Draft Amendment No. 13 to the Shire of Ashburton Local Planning Scheme (‘Scheme’) was initiated by Council at its 15 December 2010 meeting. At the Ordinary Council meeting of April 2011 (and prior to advertising), Council modified draft Amendment No. 13 to change the existing Residential ‘R12.5’ for land in Second Avenue, Third Avenue and Hedditch Street, Onslow from ‘R12.5’ to ‘R20. The provision subject of draft Amendment No. 13 was changed to refer to ‘R20’ land in Onslow, as should the modification to change the existing ‘R12.5’ to ‘R20’ be given final approval, there would be no ‘R12.5’ land remaining in Onslow. Council adopted draft Amendment No.13 for advertising (42 days). From advertising, three (3) submissions of no objection were received. At the Ordinary Council meeting of 16 November 2011, Council adopted draft Amendment No.13 for final approval (with minor modifications to the setback provisions) and resolved to refer it to the Western Australian Planning Commission with a request for the approval of the Hon. Minister for Planning. The Hon. Minister for Planning has favourably determined the Amendment however minor wording modification to the Amendment and Scheme Report is required. The modifications required by the Minister is not opposed and it is recommended that Amendment No. 13 be modified as required by the Hon. Minister.


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Background At the Ordinary meeting of Council on 15 December 2010, Council resolved to initiate a new planning scheme provision that would allow for land in Onslow zoned Residential R12.5 and where reticulated water and sewer was available to (potentially) have:

• two grouped dwellings on a vacant lot comprising not less than 875m², with a minimum site area of 450m² per grouped dwelling, subject to advertising; and

• grouped dwellings at a maximum density of R30 on vacant lots greater than 1500m² subject to advertising.

Council also requested that the Amendment be referred to the EPA and that the views of the Department of Planning, Department of State Development, Water Corp and Land Corp be sought. In preparing a further Report on the matter, the Chief Executive Officer was requested to:

i) Address the responses from the EPA and agencies; and ii) Provide a draft Local Planning Policy that addresses the necessary residential design

criteria and any special town related matters. At the Ordinary Council meeting of April 2011 and prior to advertising, Council modified draft Amendment No. 13 to change the existing Residential ‘R12.5’ for land in Second Avenue, Third Avenue and Hedditch Street, Onslow from ‘R12.5’ to ‘R20. The provision subject of draft Amendment No. 13 was changed to refer to ‘R20’ land in Onslow, as should the modification to change the existing ‘R12.5’ to ‘R20’ be given final approval, there would be no ‘R12.5’ land remaining in Onslow. At the ordinary Council meeting of April 2011, Council adopted draft Amendment No.13 for advertising (42 days) along with a draft Local Planning Policy – Assessment of Applications under Clause 6.6.3 of the Shire of Ashburton Local Planning Scheme No. 7 also be adopted for advertising in association with Amendment No. 13. (ATTACHMENT 13.5A)

ATTACHMENT 13.5A At the Ordinary Council meeting of 16 November 2011, Council adopted draft Amendment No.13 for final approval (with minor modifications to the setback provisions) and resolved to refer it to the Western Australian Planning Commission with a request for the approval of the Hon. Minister for Planning. The Hon. Minister for Planning has favourably determined the Amendment however minor wording modification to the Amendment and Scheme Report is required. (ATTACHMENT13.5 B)

ATTACHMENT 13.5B Comment Onslow is under considerable development pressure for residential accommodation. The Amendment will assist in providing the opportunity got additional group housing development within Onslow without the need for expanding the Townsite. On the basis of the above, Amendment No. 13 should therefore be adopted for final approval, modified as reflected in the attached Schedule of Submissions. Final advertising and adoption of draft Local Planning Policy – Assessment of Applications under Clause 6.6.3 of the Shire of Ashburton Local Planning Scheme No. 7 of the Policy should only be undertaken once Amendment No. 13 is Gazetted.


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The modifications required by the Hon. Minister for Planning is not opposed and it is recommended that Amendment No. 13 be modified as required by the Hon. Minister. Consultation A/Chief Executive Officer A/Executive Manager - Technical Services Executive Manager - Strategic and Economic Development 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 EPA after which public advertising of the proposal occurs. After public advertising, Council will consider whether to adopt the amendment for final approval with or without modifications. The final decision on whether to grant final approval to an amendment rests with the Minister for Planning (this is where this ‘draft Amendment’ currently sits in the process). 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. Pursuant to the direction of the Hon. Minister for Planning modifies

Amendment No. 13 to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") as follows:

1. Modifying the existing Residential Planning Code equivalent for land zoned

‘Residential’ under the Scheme of ‘R12.5’ for land in Second Avenue, Third Avenue and Hedditch Street, Onslow from ‘R12.5’ to ‘R20’ as set out in the Amendment Map.

2. Modifying Clause 6.6 of the Scheme by inserting the following clause:

“6.6.3 Notwithstanding any other provision of the Scheme, on land in


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Onslow zoned Residential R20 and where reticulated sewerage and reticulated water is available to a lot and where the Applicant has addressed to the requirements of the local government, matters associated with the floodway and development within it:

a) the local government may consent to the development for the

purposes of the erection of not more than two grouped dwellings on a vacant lot comprising not less than 875m2, with a minimum site area of 435m2 per grouped dwelling subject to formal advertising pursuant to Clause 5.7;

b) the local government may for the purposes of urban

consolidation, only consent to the development of a vacant lot for the purposes of grouped dwellings at a maximum density of R30 on a lot greater than 1,500m2 subject to formal advertising pursuant to Clause 5.7;

c) in determining any application lodged pursuant to Sub-Clauses

(a) & (b) above the local government may reduce front setbacks to reflect R30 and shall consider in addition to those matters listed in Clause 5.9 the likely impacts of the proposed development on the identifiable area provision under Part 7, any relevant Local Planning Policy and amenity of the immediate locality in which the proposed development is to be situated.”



4. That Council refer Amendment No. 13 as modified to the Department of Planning for instruction to Gazette Amendment No. 13.

5. The Chief Executive Officer be requested to advertise draft ‘Local Planning Policy – Assessment of Applications under Clause 6.6.3 of the Shire of Ashburton Local Planning Scheme No. 7’ (ATTACHMENT 13.5A) for final approval after Gazettal of Amendment No. 13.

CARRIED 1/0


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13.6 PLANNING APPLICATION - TERMINAL & ASSOCIATED CAR PARK ONSLOW AERODROME, LOT 16 MOUNT STUART-ONSLOW ROAD, ONSLOW

MINUTE: 11411 FILE REFERENCE: ON.OA.16

20120762 TR.AT.01.01

AUTHOR’S NAME AND POSITION:



Shire of Ashburton




Not Applicable

Summary Application for Planning Approval has been lodged by the Shire (as land owner) to construct a terminal and associated car park at the Onslow Aerodrome, Lot 16 Mount Stuart-Onslow Road, Onslow. The proposed terminal facility comprises: • passenger processing, arrival and departure facilities • baggage handling • security screening • management and operations facilities • car rental kiosks • kiosk • rest rooms • car park and bus drop off/pick up zone The proposed location of the terminal is 60m from the apron of the new 1900m airstrip which is currently under construction. Under the Shire of Ashburton Local Planning Scheme No. 7 (Scheme) the land is reserved 'Public Purposes - Airport'. The applicant advises that the building is based on a template successfully implemented in other regional airports such as Longreach Terminal and is designed to create a positive gateway experience and a welcoming environment whilst meeting functional and statutory requirements. The development is proposed for immediate construction, with completion due at the end of July 2013.


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Advertising has taken place in accordance with the Scheme provisions and no submissions were received. It is recommended that conditional Planning Approval be issued. Background Lot 16 Mount Stuart-Onslow Road has an area of over 520 hectares and is located approximately 4 kilometres from the Onslow town centre. The Onslow Airport is located on this site and has one runway but no formal terminal facilities. Existing development is constructed on the western side of Lot 16 and consists of three general aviation sheds and fuel supply facilities. No intensive land uses are located within close proximity of the site. The town’s cemetery is located on the western side of the Mount Stuart Road. A number of Rural Living lots are located on the north west of the airport site however these lots have not been significantly developed. All land to the east and south is predominantly salt marsh and used for Onslow Salt’s operations. The proposed terminal would not impact on any of these surrounding lots. Proposal Application for Planning Approval has been lodged by the Shire (as land owner) to construct a terminal and associated car park at the Onslow Aerodrome, Lot 16 Mount Stuart-Onslow Road, Onslow. The proposed terminal facility comprises: • passenger processing, arrival and departure facilities • baggage handling • security screening • management and operations facilities • car rental kiosks • kiosk • rest rooms • car park and bus drop off/pick up zone

ATTACHMENT 13.6Aa ATTACHMENT 13.6Ab

The proposed location of the terminal is 60m from the apron of the new 1900m airstrip which is currently under construction. Under the Shire of Ashburton Local Planning Scheme No. 7 (Scheme) the land is reserved 'Public Purposes - Airport'. The applicant advises that the building is based on a template successfully implemented in other regional airports such as Longreach Terminal and is designed to create a positive gateway experience and a welcoming environment whilst meeting functional and statutory requirements. The proposed terminal will have the following areas: Total Area (internal) 1045 m2 Baggage Claim 316 m2

Departures 245 m2 Amenities - toilets 48 m2 Check-in 179 m2 Kiosk - concourse 185 m2


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Office 72 m2 Areas under roof (approx.) 200 m2 A total site area of 12,875m2 (62.2m x 207m) is allocated for positioning and separation of the building from the proposed adjacent subdivision, landscaping and passenger drop-off zone. A further 9,245m2 has been allocated opposite the terminal (lot 19 in the proposed subdivision plan) to be used as a public car park and hire car facility. It is envisaged that the terminal will have minimal visual impact from Mount Stuart-Onslow Road. The development is proposed for immediate construction, with completion due at the end of July 2013. Comment Traffic/parking Implications The terminal is expected to have a long-term positive impact as it will enable the provision of regular passenger transport (RPT) services for the community and tourist industry. It also provides a positive gateway experience and a welcoming environment to visitors, workers and tourists, enhancing the image of Onslow. Allocation for parking is provided however additional information will be required in relation to vehicle pick-up/set-down areas for cars, buses and group transport. This can be provided as a condition of planning approval with parking numbers provided to ensure the operational needs of the airport. The proposed terminal is vital to the Shire’s plans for the operation of the new airstrip and increased air-passenger transport. It has been designed to minimize any disturbance to surrounding development, road users and township whilst providing amenities for the community, industry and tourists. Emergency Escape Plan It is suggested that Approval be granted, a condition should be included that provides information to occupants on cyclone evacuation contingency should be required. Building Design The proposed terminal building is essentially a ‘fit for purpose’ building and has been designed to complement the operational needs for the airport. Conclusions The Shire has undertaken to design and construct a new airstrip with terminal and supporting logistic services to support the operations of the Wheatstone and Macedon projects. It will also provide for anticipated regular passenger transport and general aviation services to the community. The timeline for delivery of this infrastructure is critical and a formal terminal is necessary to allow passenger and baggage processing. Consultation A/Chief Executive Officer A/Executive Manager - Technical services Executive Manager - Strategic and Economic Development Economic and Land Development Manager Statutory Environment Planning and Development Act 2005 Shire of Ashburton Local Planning Scheme No. 7.


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Financial Implications There are no financial implications relative to this issue. Strategic Implications There are no strategic implications relative to this issue. 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. Having considered all the matters required under Part 6 of the Shire of Ashburton Local Planning Scheme approve Planning Application made by Shire of Ashburton for the purpose terminal & associated car park at the Onslow Aerodrome, Lot 16 Mount Stuart-Onslow Road, Onslow subject to the following conditions:

1. The use shall not commence until the developer has entered into an agreement with the Water Corporation for the supply of sufficient reticulated water to the land in order to serve the airport terminal, to the requirements of the Water Corporation and to the satisfaction of the Shire of Ashburton.

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

commenced by 23 January, 2019 and/or a reticulated water supply is not available to service the development by this date.

3. The land use and development shall be undertaken generally in accordance

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

4. Prior to the commencement of development, the following matters shall be

submitted to the requirements and approval of the Shire and endorsed to this Planning Approval:

i. A geotechnical engineer’s report is to be provided at the

owner’s/applicant’s cost for any construction works on site. The geotechnical report is to identify existing soil conditions at the site and is to provide recommendations for piling and footing details to be incorporated in the structural design of the building.

ii. A landscape plan for the development hereby approved. The Plan should indicate the location and type of fencing to be installed; the location and type of reticulation to be installed; and the location and type of paving to be installed. The Plan should also include a plant schedule nominating each species, the spacing’s of each species, the numbers of plants required; and the size of each plant to be used at the time of planting,


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together with the anticipated height of each plant at maturity. The Plan should identify and include the adjoining road verge. 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 Shire.

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

contingency associated with cyclone threat etc).

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 Shire. 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.

5. Prior to the occupation of the development hereby approved, the following matters shall be undertaken to the satisfaction of the Shire:

i. The provision on-site of a minimum number of carparking bays necessary to reflect the operational needs of the airport. All car parking spaces together with their access aisles shall be clearly paved, sealed, marked, drained and arranged so that all vehicles may at all times leave or enter the street in a forward gear. All parking bays and access aisles shall thereafter be maintained to the satisfaction of the Shire. The dimensions of all car parking bays and access ways with the following minimum dimensions: 5.4 metres in length and 2.4 metres in width, unless where abutting a wall, column or pier where they must be a minimum of 2.7 metres in width. Disabled persons parking bays shall be a minimum of 3.2 metres in width.

ii. Implementation of the emergency response plan/s.

Advice Notes

i. You are reminded to submit a landscape plan at your earliest convenience so as to avoid any unnecessary delay at the building permit stage. The Water Corporation recommends that with respect to the provision of any landscaping in Onslow, the following should be undertaken to ensure the most efficient use of water. The Shire anticipates that this advice will be provided on any approved landscaping plan:

• Appropriate soil amendment / conditioning for the region, which forms the best basis for plants to survive and thrive (depth of 300mm for garden beds)

http://www.watercorporation.com.au/W/waterwise_karratha.cfm)

• Waterwise irrigation with improvements in irrigation scheduling and


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application and use of rain sensors

http://www.watercorporation.com.au/files/waterwise/Waterwise_DisplayVillage_Criteria2010.pdf

• Adequate mulching to retain moisture (5 to7.5cm thickness recommended).

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

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

significance. Proponents 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 web site

http://www.dia.wa.gov.au/Heritage/default.aspx.

v. This Planning Approval issued by the Shire of Ashburton does not remove any responsibility the Applicant may have in obtaining a vegetation clearing permit from the Department of Environment in accordance with the Environment Protection Act 1986. Further information can be obtained from the Department of Environment or at the following website www.environment.wa.gov.au.

This Planning Approval issued by the Shire of Ashburton does not remove any responsibility the Applicant may have in notifying Environment Australia of the proposal for consideration of impacts in accordance with the Environmental Protection and Biodiversity Conservation Act 1999. Further information can be obtained from Environment Australia on (02) 6274 1111 or by visiting

http://www.deh.gov.au/epbc/assessmentsapprovals/index.html. CARRIED 1/0


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13.7 PLANNING APPLICATION - ONSLOW TRANSFER MAIN UPGRADE, LOT 270, LOT 271, LOT 149 AND RESERVE 25853, ONSLOW

MINUTE: 11412 FILE REFERENCE: RE.ON.R.25853

20120719 AUTHOR’S NAME AND POSITION:



Shire of Ashburton




Not Applicable

Summary Application for Planning Approval has been lodged by TPG Town Planners on behalf of the Water Corporation for development approval on various lots for the proposed upgrading of the Onslow Transfer Main within the Shire of Ashburton. The proposed project works will involve the replacement of 10.2kms of pipeline (the Onslow Transfer Main) located within a Water Corporation easement that runs from the Cane River Bore field in a westerly direction toward the existing Onslow townsite. The replacement pipeline will be located on four landholdings – Lot 270, Lot 271, Reserve 25853 and within an easement that runs across Lot 149 which accommodates Peedamulla Station. The pipeline sections will be located entirely within the existing Water Corporation easement and is not anticipated to impact on adjoining landholdings. The greater proportion of the proposed development will occur within land zoned ‘Rural’ and land reserved for ‘Conservation and Natural Landscapes’ or ‘Public Purposes - WD’ under the Shire’s Town Planning Scheme No. 7. (Scheme). The Water Corporation is not an exempt ‘Section 6’ body as defined under the Planning and Development Act, 2005, and planning approval for such work is required. Advertising has taken place in accordance with the Scheme provisions and no submissions were received. The proposed expansion of the existing Onslow Transfer Main will increase the overall capacity of the water system and allow it to continue servicing the development expansion proposed for Onslow It is recommended that conditional Planning Approval be issued.


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Background The existing Onslow Transfer Main consists of a water pipeline, pumping infrastructure and production bores at the Cane River bore field. The proposed development area is predominantly flat, cleared land that contains the existing pipeline. Access to the existing pipeline is via a number of access points providing access into and around the pipeline and the associated easement. The proposed pipeline will be located within the existing Water Corporation easement associated with the Onslow Transfer Main. The existing pipeline is located within an area that is predominantly zoned for either ‘Rural’ purposes or reserved for ‘Public Purposes – WD’ or ‘Conservation, Recreation and Natural Landscapes’ under the Shire of Ashburton Local Planning Scheme No. 7 (Scheme). The majority of the underground pipeline traverses vacant undeveloped land. The pipeline is located within areas that are predominantly zoned for rural purposes and generally form part of the Peedamulla Station. Proposal The proposed Onslow Transfer Main replacement pipes will begin in the Cane River borefield and consist of two sections totalling approximately 10.2km to the west to connections in Onslow. The replacement pipeline will be located on four landholdings – Lot 270, Lot 271, Reserve 25853 and within an easement that runs across Lot 149 which accommodates Peedamulla Station. The pipeline sections will be located entirely within the existing Water Corporation easement and will not impact on adjoining landholdings.

ATTACHMENT 13.7 Comment The proposed development will have minimal visual impact as it will be located underground. Temporary amenity impacts will occur during the construction period, however as noted below the intent is to reinstate the surface above the pipeline to pre construction condition as soon as practically possible. The majority of the proposed development will consist of underground pipeline however at intervals along the pipeline there will be valves that will protrude above the surface. The applicant advised that the development is scheduled to begin as soon as required approvals and licenses are in place, and the aim is to have the proposed development commissioned and operational as soon as practically possible. As the pipeline is to be entirely below ground, earthworks during installation will involve open trench excavation of earth to a depth that will allow the pipeline to be located below the surface that will then be backfilled. Water Corporation has advised that flora and fauna survey were completed in 2011/12 over the proposed pipeline upgrade route with one priority species (Abutilonuncinatum ms) was identified. Water Corporation advices that it has a State wide clearing permit for new services and any impacts will be managed through the construction environmental management plan. Consultation A/Chief Executive Officer A/Executive Manager - Technical services Executive Manager - Strategic and Economic Development


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The Application was referred to the Department of Indigenous Affairs who advise that the Register of Aboriginal Sites indicates that there are no Aboriginal heritage places within the application area. Although not specified by the Scheme, the application was advertised for 21 days by sign on the site and notification in the Pilbara News on two (2) occasions. No submissions were received. Conclusions The proposed development will be of a similar scale and appearance to the existing pipeline, and as a consequence of its location and distance from residential areas is envisaged to have little impact upon local amenity, lifestyle or outlook for the area. Most importantly, the proposed development will assist with the delivery of key urban services that are of regional benefit and that are a pre-requisite to the delivery of strategic planning goals for the future development of the area. Statutory Environment Planning and Development Act 2005 Shire of Ashburton Local Planning Scheme No. 7. Financial Implications There are no financial implications relative to this issue. Strategic Implications There are no strategic implications relative to this issue. 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. Having considered all the matters required under Part 6 of the Shire of Ashburton Lo Planning Scheme approve Planning Application made by TPG Town Planners Onslow Transfer Main Upgrade, Lot 270, Lot 271, Lot 149 and Reserve 25853, Onsl subject to the following conditions:

1. This Planning Approval lapses if the development is not substantially commenc

by 23 January, 2019 and/or a reticulated water supply is not available to serv the development by this date.

2. The land use and development shall be undertaken generally in accordance w

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

Advice Notes

i. You are reminded to submit a landscape plan at your earliest convenience so as avoid any unnecessary delay at the building permit stage. The Water Corporat


86

recommends that with respect to the provision of any landscaping in Onslow, t following should be undertaken to ensure the most efficient use of water. The Sh anticipates that this advice will be provided on any approved landscaping plan:

• Appropriate soil amendment / conditioning for the region, which forms the b basis for plants to survive and thrive (depth of 300mm for garden beds)

http://www.watercorporation.com.au/W/waterwise_karratha.cfm)

• Waterwise irrigation with improvements in irrigation scheduling a application and use of rain sensors

http://www.watercorporation.com.au/files/waterwise/Waterwise_DisplayVillagCriteria2010.pdf

• Adequate mulching to retain moisture (5 to7.5cm thickness recommended).

vi. Council has determined this application. Rights of appeal are also available to y under the Planning and Development Act 1928 (as amended) against the decis of Council, including any conditions associated with this decision. Any su appeal must be lodged within 28 days of the date of this decision to the St Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

vii. The Shire of Ashburton contains many places of Aboriginal Heritage significan

Proponents are advised to consider Aboriginal heritage issues and th obligations under the Aboriginal Heritage Act 1972 at an early stage of planni Further information can be obtained from the Department of Indigenous Affairs 9235 8000 or at the following web site

http://www.dia.wa.gov.au/Heritage/default.aspx.

iii. This Planning Approval issued by the Shire of Ashburton does not remove a responsibility the Applicant may have in obtaining a vegetation clearing per from the Department of Environment in accordance with the Environme Protection Act 1986. Further information can be obtained from the Department Environment or at the following website www.environment.wa.gov.au.

ix. This Planning Approval issued by the Shire of Ashburton does not remove a

responsibility the Applicant may have in notifying Environment Australia of t proposal for consideration of impacts in accordance with the Environmen Protection and Biodiversity Conservation Act 1999. Further information can obtained from Environment Australia on (02) 6274 1111 or by visiting

http://www.deh.gov.au/epbc/assessmentsapprovals/index.html. CARRIED 1/0


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13.8 PLANNING APPLICATION - FOUR (4) SINGLE STOREY GROUPDWELLINGS AT LOTS 908 & 909 PILKENA STREET, TOM PRICE

MINUTE: 11413 FILE REFERENCE: TP.PL.908

TP.PL.909 20120635 (P)




Mitie Construction/ John Kannis & Associates Pty Ltd




Not Applicable

Summary Land subject of the Application for Planning Approval comprises Lots 912 & 913 Pilkena Street, Tom Price. The land has a combined area of 1,520m2 and is zoned Residential R20. The application comprises four two story group dwellings with double carports. Each unit is provided with external covered private recreational areas and no central open space to be provided. Access to the two rear dwellings is via a central internal driveway with independent access for the two front dwellings directly from Pilkena Street. Clause 6.6.2 of the Shire of Ashburton Local Planning Scheme No. 7) enables discretion to consider planning approval for grouped dwellings at a maximum density of R30 on lots not less than 1,500m2 within any area coded R20 (subject to advertising). Lots 912 & 913 (combined) reflect this provision. The Application was advertised for 14 days and at the end of the advertising period, no submissions were received. The Application reflects the provisions of the ‘Acceptable Development’ standards of RCodes. Background The subject site comprises Lots 912 & 913 Pilkena Street Tom Price which has a combined area of 1,520m2. Pilkena Street is a sealed carriageway constructed to a good standard and in the form of a cul-de-sac. The site is serviced with underground power, sewer and water. Vacant residential land adjoins to the west with lots opposite generally developed for single residential purposes. Lot 912 adjoins lots comprise a recently developed subdivision that was undertaken by the Shire of Ashburton. Lot 913 abuts open space to the east. Land to the north is unvested Crown Land. The land is situated


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approximately 1.5km from the Tom Price commercial area and a similar distance from the Tom Price Primary school and Tom Price sports oval and recreation facilities. Proposal The application comprises four two-story group dwellings with double carports. Each unit is provided with an external private recreational area. Access to all the dwellings is via a central internal driveway via Pilkena Street.

ATTACHMENT 13.8A Comment The site is zoned Residential R20 under the Shire of Ashburton Local Planning Scheme No. 7 (‘Scheme’). Clause 6.6.2 of the Scheme) enables discretion to consider planning approval for grouped dwellings at a maximum density of R30 where the lot/s is not less than 1,500m2 within any area coded R20 (subject to advertising). However the setbacks are applied as per the R20 Code whereby the minimum setback from the street frontage is 6m with an average to 3m. Clause 6.6.2 was introduced in Amendment No. 12 with the intent to encourage the consolidation of residential zoned lots and ensure that any such development is undertaken in a coordinated manner and achieves quality residential development. Accordingly, the Application is assessed under Clause 6.6.2 of the Scheme. As the site area of Lots 912 & 913 (combined) is 1520m2, it reflects the density provision of Clause 6.6.2. It is noted that it would be possible for the applicant to seek approval for five dwellings under the Clause and not four as reflected in the Application before Council. In association with the Gazettal of Amendment No. 12 to the Scheme, “Local Planning Policy - Assessment of applications under Clause 6.6.2 of the Shire of Ashburton Local Planning Scheme No. 7”, was introduced which was established in accordance with Clause 2.3 of the Scheme to provide guidelines for the consideration of Applications under Clause 6.6.2.

Other Scheme provisions relevant to group dwelling development include:

“6.7.2 Notwithstanding clauses 3.5.1 and 4.7.1 of the Residential Planning Codes every dwelling shall be provided with a store room of not less than four square metres in floor area for the purposes of storing domestic outdoor items during cyclones. The store room shall be fully enclosed and have direct ground level access from outside the building with no direct internal access from the dwelling. It may form part of the main building structure or be a permanent outbuilding.”

In relation to Clause 6.7.2, each dwelling is provided with a store room accessible from the carport or service court with a minimum area of 4m2 and minimum dimension of 1.5m.

“6.7.3 Applications for development under the R Codes for land zoned Residential and

which could be potentially contaminated through previous land uses shall not be determined by the Local Government unless issues relating to possible soil and groundwater contamination are first resolved to the satisfaction of the Department of Environmental Water and Catchment Protection.”

In relation to Clause 6.7.3, the Shire has no record of contamination or reason to believe that the site could be potentially contaminated through previous land uses. With respect to Clause 5.9 ‘Matters to be Considered’ of the Scheme, the following matters are considered relevant:


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“The Local Government, in considering an application for planning approval, shall have due regard to the following:

(a) the aims and provisions of this Scheme and any relevant Town Planning Scheme operating in the district including any regional planning Scheme,

(c) any approved Statement of Planning Policy of the Commission, (d) any relevant policy or strategy of the Commission or any other relevant planning

policy adopted by the Government of Western Australia or the Commonwealth of Australia,

(e) any Policy Statement, strategy development plan or plan adopted by the Local

Government under the provisions of this Scheme, (g) the conservation and management of the natural environment including:

(ii) likely risk of the land being subject to flooding, tidal inundation, subsidence, landslip, bushfire or other natural phenomena.

(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 (iii) need for public transport services (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.

(i) any local Planning Policy adopted by the Local Government under clause 2.4, any heritage policy statement for a designated heritage area adopted under clause 6.14, and any other plan or guideline adopted by the Local Government under the Scheme,

(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; (p) whether the land to which the application relates is unsuitable for the proposal by

reason of it being, or being likely to be, subject to flooding, tidal inundation, subsidence, landslip, bush fire or any other risk;

(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 (w) any relevant submissions or objections received or sought on the application;


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(x) any other planning consideration that Local Government considers relevant.” Where relevant, the above will be referenced in the ‘Planning Assessment’ section of this report. The Scheme is supported by a number of Local Planning Policies. A summary of the relevant policies is outlined below.

Local Planning Policy - Social Impact Assessment This Policy requires a Social Impact Assessment and preparation of a Social Impact Statement (SIS) for the following:

• “All development proposals that are subject to community consultation or advertising processes, pursuant to the Zoning Table of the Scheme;

• All proposals for rezoning or amending the Scheme; and • All proposals for strategic level development planning.”

The Policy states that the primary purpose of the SIS is to bring about better planning decisions and a more sustainable and equitable ecological and human environment. This is achieved by describing the potential impacts of a proposed project, demonstrating how issues and concerns raised during the community consultation will be addressed. The Applicant prepared an SIS which was made available for consultation.

ATTACHMENT 13.8B Local Planning Policy - Assessment of applications under Clause 6.6.2 of the Shire of Ashburton Local Planning Scheme No. 7 This Local Planning Policy (LPP) seeks to ensure high quality housing design and development. All applications lodged pursuant to Clause 6.6.2 need to address streetscape, setbacks and building design. The Shire’s assessment of the Application in relation to the LPP is undertaken in association with the Residential Design Codes (RCode) review. The Shire’s conclusion is that the application can, with conditions associated with modifications to the plan and appropriate conditions, reflect the intent and direction of this LPP. Local Planning Policy - Consultation for Planning Proposals The over-arching principle of this policy is that the Shire will advise and consult with the community about initiatives involving proposed new or extended land uses and developments, in an endeavour to ensure openness and accountability in the decision-making processes and to gauge public opinion. Draft Local Planning Policy - Consideration of Group Housing Development and Bedrooms At the September 2012 Ordinary meeting, Council resolved to establish a new Local Planning Policy to ensure that rooms within group dwellings are not readily established by occupants for additional bedrooms which may impact car parking and result in amenity concerns both on and off the site. In this regard, rooms within the group housing unit defined as ‘store’, ‘home theatre’, ‘study’ or the like will be counted as bedrooms. In addition, the maximum number of bedrooms the Shire will support for a group housing unit will be 4 bedrooms, unless the applicant can demonstrate that additional car parking is available on the site to cater for the use of the these rooms for accommodation. In relation to the Application, each unit has 4 bedrooms and does not include other habitable rooms that could reasonably be used for a bedroom.


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Key Planning Issues The Application generates both strategic and site specific matters that need to be addressed as follows. RCode/ Multi Unit Housing Code requirements The Application is assessed against the RCodes for the design of group housing developments and meets the provisions of the ‘Acceptable Development’ standards of RCodes. Car Parking and access: With respect to car parking, the proposed development provides 9 spaces and complies with Appendix 9 of the Scheme and the RCodes. Amenity/Miscellaneous Information and assessment is required that addresses the air-conditioning systems whereby cassette and/or split air-conditioning systems are not simply placed outside dwellings as an afterthought which can result in poor amenity for neighbours and occupants. Another aspect of local and onsite amenity is the need to control the ‘reverse beepers’ of the numerous vehicles within the town. This should be addressed in a management plan by the Applicant and as a condition of planning approval. This would be reflected in a recommended condition to any strata proposal. In addition to those matters outlined in this Report, it is also necessary for the plans to be modified to clarify the following:

• Dimensioned plans defining all setbacks, open space areas, car spaces and the like so as to comply with the ‘Acceptable Development’ standards of the Residential Design Codes;

• Design refined to reflect statutory disabled access arrangements; • All parking/access designed in accordance with the provisions of the Scheme, and reversing

areas designed to avoid buildings and structures;

Any fencing along the front boundary of the lot should be a ‘feature fence’ designed and constructed to promote the ‘high quality’ of the development. Conclusions From the information provided, the Application appears to reflect the provisions of the ‘Acceptable Development’ standards of RCodes. Consultation Chief Executive Officer A/Executive Manager, Technical Services Public Consultation The Application was advertised for 14 days in accordance with Clause 5.7 ‘Advertising of Applications’ of the Scheme. Advertising comprised:

• Notification on the Shire’s Website and Shire offices in Onslow and Tom Price. • Notice posted on the lot. • Notice to all landowners in Pilkena Street (including purchasers of land within the Shire’s

subdivision). At the end of the advertising period, no submissions were received.


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Statutory Environment Shire of Ashburton Local Planning Scheme No. 7 (‘Scheme’) State Planning Policy 3.1 – Residential Design Codes Under the Scheme, the land is zoned Residential R20. Unique to the Scheme is Clause 6.6.2 which includes a provision that enables discretion to consider planning approval in Tom Price and Paraburdoo for:

• Two grouped dwellings on a lot comprising not less than 874m2, with a minimum site area of 437 m2 per grouped dwelling, within any area coded R20 or greater subject to advertising;

• Grouped dwellings at a maximum density of R30 on lots less than 1,500m2 within any area coded R20, subject to advertising; and

• Grouped dwellings at a maximum density of R40 on lots greater than 1,500m2 within any area coded R30, subject to advertising;

where reticulated sewerage and water is available to the land. Amendment No. 12 was Gazetted on 27 January 2012. Financial Implications None Anticipated 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 Local Planning Policy - Social Impact Assessment Local Planning Policy - Assessment of applications under Clause 6.6.2 of the Shire of Ashburton Local Planning Scheme No. 7 Local Planning Policy - Consultation for Planning Proposals Voting Requirement Simple Majority Required Council Decision MOVED: Commissioner R Yuryevich That Council: 1. APPROVE Planning Application Shire Ref: 20120724 (P) for group dwelling

development (comprising 4 dwellings) at Lots 912 & 913 Pilkena Street, Tom Price generally in accordance with plans as provided in ATTACHMENT 13.8A to the Shire Report (modified by conditions of this Approval) and in accordance with Clause 5.10 of the Shire of Ashburton Local Planning Scheme No. 7 and the following conditions:

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

commenced by 23 January 2015.


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2. 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. 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, together with certification from a structural engineer that the design is suitable for the site conditions as outlined in the geotechnical report.

ii. A Stormwater Management Plan prepared by a certified practicing Hydraulic Engineer to be prepared in conjunction with the Local Authority which shall include an analysis of the existing hydrology of the site, having regard to and addressing the method of disposal and management of stormwater.

iii. 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.

iv. 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.

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

a) the location and type of fencing to be installed; and b) the location and type of reticulation to be installed; and the

location and type of paving to be installed (including ‘alleyways’ within the dwelling development).

The Plan should also include: a) a plant schedule nominating each species; b) the spacings of each species; c) the numbers of plants required; and d) 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 shall identify and include any adjoining road verges.

vi. The design, materials and colours of the proposed development.

vii. A Staging and Construction Management Plan shall be prepared to the satisfaction of the responsible authority and endorsed to this


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Planning Approval. This plan is to address:

a) staging of the development; b) noise; c) accommodation of builders/site workers; d) hours of construction; e) traffic management; f) parking management to allow operation of the existing

commercial development; g) access management; h) management of loading and unloading of vehicles; i) heavy vehicle access; j) dust; k) protection of trees (to be retained); and l) any other relevant matters.

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

3. 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 of audible reversing warning systems. Arrangements

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

ii. The landscaping and reticulation as identified this Approval 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.

iii. All external fixtures and garbage bin pads, 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 or negatively impact on the amenity of the locality.

iv. 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 development hereby approved, and thereafter maintained.

v. Details on mail boxes and fencing, including colour, texture and

materials of the development. Fencing along the front boundary of the lot shall be a ‘feature fence’, visually permeable, designed and constructed to the satisfaction of the responsible authority. All mail boxes and fencing is to be erected in accordance with the approved details and thereafter maintained.

vi. All parking and manoeuvring areas (on and off the site) shall be

constructed at the cost of the developer and be bitumen sealed, concrete or brick paved to the satisfaction of the responsible authority.


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vii. The development shall be connected to a reticulated water supply,

sewerage system and electricity supply to the requirements of Hamersley Iron Infrastructure.

viii. Lots 912 & 913 Pilkena Street, Tom Price amalgamated into one single lot.

4. 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 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. Rights of appeal are also available to you under the Planning and

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

CARRIED 1/0


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13.9 MEDIATION - APPLICATION TO THE STATE ADMINISTRATIVE TRIBUNAL - CONDITION 1(i) OF PLANNING APPROVAL - NINE (9) TWO STOREY GROUP DWELLINGS AT LOTS 936 & 937 WARARA STREET, TOM PRICE

MINUTE: 11414 FILE REFERENCE: TP.WA.936 20120473 (P)

SAT DR359 of 2012




Doepel Marsh Architects Pty Ltd




Agenda Item 13.6, (Minute No: 11288), Ordinary Meeting of Council 19 September 2012

Summary At the Ordinary Council meeting of 19 September, 2012 Council considered and approved an Application for Planning Approval for nine (9) two storey group dwellings at Lots 936 & 937 Warara Street, Tom Price. Condition 1(i) stated as follows: “Unit 5 modified to provide not more than 4 bedrooms;” The purpose of the above condition was to ensure that Unit 5 which comprises 6 bedrooms and 5 bathrooms would not be used for the purpose of transient workforce accommodation without the further approval of Council. The view of the Shire and Council was that Unit 5 is designed for the purpose of a ‘residential building’ rather than a dwelling. The proponent made an ‘Application’ to the State Administrative Tribunal (SAT) against condition 1(i). Mediation was undertaken (Shire representative attended via phone link) whereby dates were set for review of the condition by Council and where the Applicant was provided with the opportunity to seek planning approval for Unit 5 to be used for ‘residential building’. Due to the receipt of the Applicant’s Email to the Shire addressing the Application being received as ‘junk email’, the submission was not acknowledged by the Shire in time to refer it to the December 2012 meeting of Council. However, in an exchange of correspondence with the Shire and Applicant, an alternative to condition 1(i) was suggested by the Shire whereby it would be replaced with the following Advice Note:


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“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 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.” The result would be that the Applicant would then be in a position to promote the use of the 6 bedroom/5 bathroom as a ‘dwelling’ but clarifying that without the approval of the Shire, it cannot be used to transient workforce accommodation. Council is now requested to review the alternative and advise SAT of its position. Should Council not agree with the recommendation then the Shire would be required to contest the matter through an exchange of submissions to SAT. Background At the Ordinary Council meeting of 19 September, 2012 Council considered and approved an Application for Planning Approval for nine (9) two storey group dwellings at Lots 936 & 937 Warara Street, Tom Price. Condition 1(i) stated as follows: “Unit 5 modified to provide not more than 4 bedrooms; “ The purpose of the above condition was to ensure that Unit 5 which comprises 6 bedrooms and 5 bathrooms would not be used for the purpose of transient workforce accommodation without the further approval of Council. The view of Council was that Unit 5 is designed for the purpose of a ‘residential building’ rather than a dwelling. The proponent made an ‘Application’ to the State Administrative Tribunal (SAT) against condition 1(i). Mediation was undertaken (Shire representative attended via phone link) whereby dates were set for review of the condition by Council and where the Applicant was provided with the opportunity to seek planning approval for Unit 5 to be used for ‘residential building’.

ATTACHMENT 13.9 Comment Due to the receipt of the Applicant’s Email to the Shire addressing the Application being received as ‘junk email’, the submission was not acknowledged by the Shire in time to refer it to the December 2012 meeting of Council. However, in an exchange of correspondence with the Shire and Applicant, an alternative to condition 1(i) was suggested by the Shire whereby it would be replaced with the following Advice Note: “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:


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A building or portion of a building, together with rooms and outbuildings separate from such building but incidental thereto: such building being used or 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.” The result would be that the Applicant would then be in a position to promote the use of the 6 bedroom/5 bathroom as a ‘dwelling’ but clarifying that without the approval of the Shire, it cannot be used to transient workforce accommodation. The Applicant has agreed to the Shire’s alternative. Council is now requested to review the alternative and advise SAT of its position. Should Council not agree with the recommendation then the SAT Application would be required to contest the matter through an exchange of submissions. Consultation A/Chief Executive Officer A/Executive Manager - Technical Services Community consultation was not undertaken as part of Mediation. However, as part of the original Application was advertised with no submissions received. Statutory Environment Shire of Ashburton Local Planning Scheme No. 7 (‘Scheme’) State Planning Policy 3.1 – Residential Design Codes Under the Scheme, the land is zoned Residential R20. Unique to the Scheme is Clause 6.6.2 which includes a provision that enables discretion to consider planning approval in Tom Price and Paraburdoo for: • two grouped dwellings on a lot comprising not less than 874m2, with a minimum site

area of 437 m2 per grouped dwelling, within any area coded R20 or greater subject to advertising;

• grouped dwellings at a maximum density of R30 on lots less than 1,500m2 within any area coded R20, subject to advertising; and

• grouped dwellings at a maximum density of R40 on lots greater than 1,500m2 within any area coded R30, subject to advertising;

where reticulated sewerage and water is available to the land. Clause 6.6.2 was introduced in Amendment No. 12 with the intent to encourage the consolidation of residential zoned lots and ensure that any such development is undertaken in a coordinated manner and achieves quality residential development. Amendment No. 12 was Gazetted on 27 January 2012. Financial Implications None anticipated. Strategic Implications Shire of Ashburton 10 Year Community Plan 2012-2022


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Goal 04 – Distinctive and Well Serviced Places Objective 03 – Well Planned Towns Policy Implications Local Planning Policy - Social Impact Assessment Local Planning Policy - Assessment of applications under Clause 6.6.2 of the Shire of Ashburton Local Planning Scheme No. 7 Local Planning Policy - Consultation for Planning Proposals Voting Requirement Simple Majority Required Council Decision MOVED: Commissioner R Yuryevich That Council: 1. That the Council instruct the Chief Executive Officer to settle State

Administrative Tribunal (SAT) Matter No. DR359 of 2012 - Doepel Marsh Architects Pty Ltd and Shire of Ashburton with respect to condition 1(i) of Planning Approval - nine (9) two storey group dwellings at Lots 936 & 937 Warara Street, Tom Price whereby Condition 1(i) is deleted from Planning Approval 20120473 (P) and advice note (i) be deleted with advice note (i) replaced with the following:

“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 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.”

2. That the Chief Executive Officer be authorised to approve any required SAT

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

CARRIED 1/0


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13.10 DRAFT 'LOCAL PLANNING POLICY - MOORING OF 'BOATEL'S AT BEADON CREEK AND IN WATERS OFF ONSLOW

MINUTE: 11415 FILE REFERENCE: RE.BD.R.30711




Not Applicable




Agenda Item 13.10 (Minute: 11327), Ordinary Meeting of Council 20 October 2012

Summary At the Ordinary Council meeting of 20 October 2012, Council resolved to advertise draft 'Local Planning Policy - Mooring of 'Boatel's at Beadon Creek and waters off Onslow’ (draft LPP) for 21 days in accordance with the Shire of Ashburton Local Planning Scheme No.7 (‘Scheme’). Should no objections be received, the Chief Executive Officer was authorised to adopt the draft LPP for final approval and publish the adoption in accordance with the Scheme. The draft LPP seeks to facilitate the direction of Council when commenting on the short and long term mooring of sea and Creek based accommodation within the Shire. In particular, it will establish a Council position on proposals for ‘boatel’s’ to be moored at Onslow. A ‘boatel’ essentially represents floating accommodation that in the case of the Shire of Ashburton, specifically relates to moorings at Beadon Creek or directly off Onslow. Advertising was carried out and eleven (11) submissions were received with three (3) supporting the draft LPP and eight (8) opposing the adoption of the draft LPP. Five (5) of the opposing submissions are associated with Eco Abrolhos Accommodation Pty Ltd. The submissions have been provided to Council in the form of a Schedule. A petition signed by 220 persons, of whom 184 were from Onslow, was presented to the 20 November 2012 Ordinary Council is also addressed as a Schedule to the Report. The submissions provide a varied view for the appropriateness (or otherwise) of the draft LPP. However, it is considered appropriate for Council to establish its own position with respect to ‘boatels’ which if established unchecked, could negatively impact on the development potential of accommodation facilities in Onslow.


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The draft LPP establishes a position of Council whereby ‘boatels’ would only be supported for limited short-term use and reflect a clear preference for ‘legacy’ accommodation and commercial land based developments within Onslow. It is recommended that Council adopt 'Local Planning Policy - Mooring of 'Boatel's at Beadon Creek and waters off Onslow’ as a Local Planning Policy under the provisions of the Scheme. Background Control of the waters of Beadon Creek and directly off Onslow is the direct responsibility of the Department of Transport (DoT). In the recent past, the DoT has only once sought the views of the Shire to the mooring a ‘boatel’. A ‘boatel’ is a boat or ship based accommodation. Specifically for the Shire of Ashburton, the issue currently relates to mooring of ‘boatels’ at Beadon Creek or directly off the Onslow townsite. The Shire is aware that currently three (3) ‘boatel’s’ are moored at Beadon Creek and at times have been anchored directly off the Onslow coast to serve as accommodation for the development of the Macedon domestic gas plant and Wheatstone gas project. In the single instance when the DoT sought comment on the mooring of a 30 bed ‘boatel’ for a two (2) year period from the Shire from the Shire, it was not opposed, but since then one other ‘boatel’ has been moored without any reference to the Shire. The 3rd ‘boatel’ was considered by Council at the Ordinary meeting of 20 November 2012 where it responded to a request from Eco Abrolhos Accommodation Pty Ltd to ‘approve’ the 3

rd ‘boatel’ moored at Beadon Creek. Eco

Abrolhos Accommodation Pty Ltd did not suggest a timeframe for the mooring. Although there is no ‘head of power’ for Council to ‘approve or refuse’ the boatel, Council did provide an opinion in relation to its application to the DoT. In line with draft 'Local Planning Policy - Mooring of 'Boatel's at Beadon Creek and waters off Onslow’ (draft LPP) a maximum period of six (6) months was considered appropriate. Council also resolved that as part of an overall review of the draft LPP, this period could be extended should Council resolve a longer period of time for ‘boatels’ is considered acceptable. Discussions with the DoT in November 2012 revealed that they had been informally requested to allow an unlimited number of ‘boatel’s in Beadon Creek and directly associated with the resource industry for up to 5 years. At the Ordinary Council meeting of 20 October 2012, Council resolved to advertise draft LPP for 21 days in accordance with the Shire of Ashburton Local Planning Scheme No.7 (‘Scheme’). Should no objections be received, the Chief Executive Officer was authorised to adopt the draft LPP for final approval and publish the adoption in accordance with the Scheme. The draft LPP seeks to facilitate the direction of Council when commenting on the short and long term mooring of sea and Creek based accommodation within the Onslow environs. In particular, it establishes a Council position on proposals for ‘boatel’s’ to be moored at Beadon Creek Road, Onslow. A ‘boatel’ essentially represents floating accommodation that in the case of the Shire of Ashburton, specifically relates to moorings at Beadon Creek or directly off Onslow. Proposal This report relates to considering the adoption or rejection of the draft LPP so as to facilitate the direction of Council when commenting on the short and long term mooring of sea and waterway based accommodation within the Shire. In particular, it establishes a Council position on proposals for ‘boatel’s’ to be moored at Beadon Creek Road, Onslow.


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The draft Local Planning Policy as adopted for advertising is included as ATTACHMENT 13.10A

ATTACHMENT 13.10A Comment Advertising was carried out and eleven (11) submissions were received with three (3) supporting the draft LPP and eight(8) opposing the adoption of the draft LPP. Five (5) of the opposing submissions are associated with Eco Abrolhos Accommodation Pty Ltd. The submissions have been provided to Council in the form of a Schedule. A petition signed by 220 persons, 184 of whom resided in Onslow, was presented to the 20 November 2012 Ordinary Council. This is also addressed as a Schedule to the Report.

ATTACHMENT 13.10B ATTACHMENT 13.10C

The mooring of ‘boatel’s at Beadon Creek and off the coast of Onslow establishes land based issues of parking, traffic and access for users of the facility and within the port environs. In addition, water based accommodation has strategic implications on Onslow whereby it has the potential of reducing the incentive for developers to pursue ‘legacy’ accommodation and commercial developments within the town. It is also clear that the resource industry has shown little forward planning of its short and long term accommodation needs and that the use of ‘boatels’ is seen by some as an opportunity to quickly arrange for accommodation without any consideration of the longer term implications on the growth of the town. The submissions provide a varied view for the appropriateness (or otherwise) of the draft LPP. However, it is considered appropriate for Council to establish its own position with respect to ‘boatels’ which if established unchecked, could negatively impact on the development potential of accommodation facilities in Onslow. The draft LPP establishes a position of Council whereby boatels’:

• would only be supported for limited short-term use; • where a proponent has reasonably demonstrated that there is no other option; and • where the proponent has demonstrated a longer term accommodation plan.

In this regard, the policy would normally only support a mooring or anchoring period of 6 months. Consultation A/Chief Executive Officer A/Executive Manager - Technical Services Executive Manager - Strategic and Economic Development Clause 2.3.1 of the Scheme requires that draft Local Planning Policies be advertised for community consultation for a minimum of 21 days. Advertising was carried out in accordance with the Scheme. Statutory Environment Planning and Development Act (2005) Shire of Ashburton Town Planning Scheme No. 7


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Relevant to the matter before Council are the following Scheme provisions: “2.1 LOCAL PLANNING POLICIES 2.1.1 Local Government may adopt policy (Policy Statements), for any matter it considers

relevant to land use planning and for all or any part of the Scheme area, and may amend, add to or revoke a Policy Statement.

2.1.2 Any Development Plan, prepared in accordance with the Scheme, or other plan or strategy may be adopted by Local Government as a Policy Statement.

2.2 RELATIONSHIP OF LOCAL PLANNING POLICIES TO SCHEME 2.2.1. If a provision of a Local Planning Policy is inconsistent with the Scheme, the Scheme

prevails. 2.2.2. A Policy Statement is not part of the Scheme and does not bind the local government in

respect of any application for planning approval but the local government is to have due regard to the provisions of the Policy and the objectives which the Policy is designed to achieve before making its determination.”

Financial Implications Advertising costs will be involved irrespective if it is supported or declined. 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 If the local planning policy is approved, the Shire will have a policy direction to advise proponents and the Department of Transport of Council’s position on the short and long term mooring of sea and Creek based accommodation within the Shire. Voting Requirement Simple Majority Required Council Decision MOVED: Commissioner R Yuryevich That Council:

1. Notes the Schedule of Submissions as ATTACHMENT 13.10B to this Report. 2. Council not adopt the 'Local Planning Policy - Mooring of 'Boatel's at Beadon

Creek and waters off Onslow’ (ATTACHMENT 13.10A) as a Local Planning Policy under the provisions of the Shire of Ashburton Local Planning Scheme No.7 (‘Scheme’) for the following reasons:

i. The decision on whether ‘boatels’ should be permitted in at Beadon Creek

and waters off Onslow rests with the Department of Transport. ii. The only role Council has in relation to the mooring of ‘boatels’ is when the


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Department of Transport seeks the views of the Council on individual mooring applications.

iii. Should the Department of Transport seek the views of Council in relation

to moorings that these should be dealt with on an individual basis without need for a general policy position.

3. Request the Chief Executive Officer to notify submitters of Council’s decision

to adopt the 'Local Planning Policy - Mooring of 'Boatel's at Beadon Creek and waters off Onslow’.

CARRIED 1/0 REASON FOR CHANGE OF RECOMMENDATION: It is Council’s view that:

i. The decision on whether ‘boatels’ should be permitted in at Beadon Creek and waters off Onslow rests with the Department of Transport.

ii. The only role Council has in relation to the mooring of ‘boatels’ is when the

Department of Transport seeks the views of the Council on individual mooring applications.

iii. Should the Department of Transport seek the views of Council in relation

to moorings that these should be dealt with on an individual basis without need for a general policy position.


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13.11 REQUEST FOR COMMENTS ON PROPOSED LEASE OF PORTION OF UCL LOT 302 DP 44407 CORNER GREAT NORTHERN HIGHWAY AND MUNJINA ROAD, MULGA DOWNS

MINUTE: 11416 FILE REFERENCE: LO.WNDL.00084

C/R 121876 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 proposed lease of portion of UCL Lot 302 DP 44407 Corner Great Northern Highway and Munjina Road, Mulga Downs for ‘Laydown and Storage of Transport and Earthmoving Equipment’ purposes. The lease is proposed for 21 years. No objection is seen to the proposal subject to the lessee seeing the necessary planning and building approvals. Background In early 2012, the operators of the Auski Road House (located on the south east corner of Great Northern Highway and Munjina Road, Mulga Downs) met with senior Shire Staff to discuss the potential use of land on the north east side of Munjina road for ‘Laydown and Storage of Transport and Earthmoving Equipment’ purposes. The Shire staff advised that although the Shire offered no objection, the matter would need to be determined by the Department of Regional Development and Lands (RDL) and referred to Council for its position on the matter. Comment The Department of Regional Development and Lands (RDL) has sought the advice of the Shire with respect to a proposed lease of portion of UCL Lot 302 DP 44407 Corner Great Northern Highway and Munjina Road, Mulga Downs for ‘Laydown and Storage of Transport and Earthmoving Equipment’ purposes. The lease is proposed for 21 years.

ATTACHMENT 13.11


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Under the Shire of Ashburton Local Planning Scheme No 7, the UCL Lot 302 DP 44407 is zoned ‘Rural’ and the purpose sought is defined as ‘storage facility/depot/laydown area’. The use is discretionary in the zone. Although no objection to the lease is offered, RDL should be requested to ensure that the lessee is aware that planning approval for the use sought will be required from the Shire. The Shire’s position of not opposing the lease should not be construed as automatic planning support for the development of the land. Consultation A/Chief Executive Officer A/Executive Manager - Technical Services 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 proposed lease of portion of UCL Lot 302 DP 44407 corner Great Northern Highway and Munjina Road, Mulga Downs for ‘Laydown and Storage of Transport and Earthmoving Equipment’ purposes, that Council has no objection to the issue of the lease however, RDL is requested to advise the lessee as follows:

1. Under the Shire of Ashburton Local Planning Scheme No 7, the UCL Lot 302

DP 44407 is zoned ‘Rural’ and the purpose sought is defined as ‘storage facility/depot/laydown area’. The use is discretionary in the zone.

2. Although no objection to the lease is offered, this should not be construed as automatic planning support for the development of the land.

CARRIED 1/0


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13.12 DRAFT SCHEME AMENDMENT No. 24 - REVISED PROVISIONS IN CLAUSE 7.3 - ONSLOW COASTAL HAZARD AREA PROVISION AND NEW APPENDIX 11 - ADVERTISING OF AMENDMENT




Shire of Ashburton




Agenda Item 13.1 (Minute: 11189), Ordinary Meeting of Council 16 May 2012 Agenda Item 13.1 (Minute: 11159), Ordinary Meeting of Council 18 April 2012 Agenda Item 13.8 (Minute: 11118), Ordinary Meeting of Council 15 February 2012 Agenda Item 13.9 (Minute: 11119), Ordinary Meeting of Council 15 February 2012

Summary The Shire of Ashburton Local Planning Scheme No. 7 (‘Scheme’) includes special control area provisions that are another form of overlay to zoning. 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. Onslow is at risk to coastal hazards and any opportunity for development must recognise this. In addition, an Amendment to Scheme to address the Onslow Coastal Hazard Area and finished floor level provisions will necessitate protection measures. This could include the long term establishment of a sea wall to protect the town by 2040. This doesn’t mean it has to be developed but it will mean that the matter is addressed by State Government and the Council. In this regard, a consultant is reviewing the existing wall and initiate and considering designs to reflect the above. It is possible that before any changes to the Scheme are supported by the State that definitive recommendations concerning a sea wall along with funding mechanisms are required. However realistically, such arrangements are several years off and to enable development of the town (even for the short term) modifications to the Scheme (such as addressed in this Report) are required.


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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. Importantly, AM 24 provides a realistic means by which Onslow can develop in the foreseeable future. Part 5 of Council’s resolution stated: “5.Request the Chief Executive Officer to refer draft Amendment No. 24 to the Department

of Planning and the Department of Transport for comment and advice whilst referral is carried out to the EPA. Should modifications be suggested by either Department, the Chief Executive Officer be requested to refer the Amendment back to Council prior to advertising”.

Although neither the Department of Planning and the Department of Transport have responded, the EPA advice recommends as follows: “The draft Amendment proposes to set lower finished floor levels than those

recommended by the specialist coastal and ports engineers MP Roger & Associates Pty Ltd. The EPA recommends that the finalised amendment results in Scheme provisions that are consistent with the guidance provided by SPP2.6.”

The Shire’s view is that the recommended floor levels do reflect SPP 2.6 as the MP Roger & Associates Pty Ltd recommended finished floor levels includes a factor of safety of 0.5 m above the predicted design inundation at 2110. Although the ‘safety factor’ may have merit, it is excess of the requirements of SPP 2.6 and would make development of Onslow impractical. It is recommended that AM 24 proceed to advertising. Background The Shire of Ashburton Local Planning Scheme No. 7 (‘Scheme’) was Gazetted on 24 December 2004 and has not been reviewed. The 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:


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“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 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


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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”.

(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. The SPP 2.6 outlines the recommended criteria for use in determining the appropriate Physical Processes Setback (PPS). The PPS should provide a low level of risk to the development from coastal erosion over a 100 year planning horizon. The PPS is measured from the Horizontal Setback Datum (HSD). For a sandy shoreline the HSD is identified as the seaward extent of ephemeral vegetation on an accreting coast, or the toe of the erosion scarp on an eroding coast. As the only rock observed onsite at Onslow was located in the intertidal terrace, the shoreline for Onslow will be taken as sandy. In 2010 a Position Statement (WAPC 2010) was released to update the requirements of the SPP 2.6. This position statement related solely to the required allowances for climate change. Because Onslow is located within an area that experiences cyclonic activity the SPP 2.6 specifies that development should be set back from the coast to afford development protection from the impact of cyclonic storms. This requires a further variation to the general case of development on an undeveloped sandy shoreline. 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.


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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 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. Revised Scheme mapping for the Onslow Coastal Hazard Area Is included as ATTACHMENT 13.12Aa and ATTACHMENT 13.12Ab.

ATTACHMENT 13.12Aa ATTACHMENT 13.12Ab

Importantly, AM 24 provides a realistic means by which Onslow can develop in the foreseeable future. Part 5 of Council’s resolution stated:


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“5. Request the Chief Executive Officer to refer draft Amendment No. 24 to the Department of Planning and the Department of Transport for comment and advice whilst referral is carried out to the EPA. Should modifications be suggested by either Department, the Chief Executive Officer be requested to refer the Amendment back to Council prior to advertising”.

Although neither the Department of Planning and the Department of Transport have responded, the EPA advice recommends as follows: “The draft Amendment proposes to set lower finished floor levels than those recommended by the specialist coastal and ports engineers MP Roger & Associates Pty Ltd. The EPA recommends that the finalised amendment results in Scheme provisions that are consistent with the guidance provided by SPP2.6.”

ATTACHMENT 13.12B Comment The reality for the Shire, the community of Onslow and the development industry is that the potential impact of flooding and storm surge inundation is a significant factor in the development of the town. In acknowledging this, the Shire is obliged to have regard to SPP’s and information from professional consultants like MRA with respect to flooding, storm surge inundation and predicted sea level rise. It is noted however that the severe impacts of sea level rise may not be realized for another 30-40 years. In addition, the current Mean High Water Spring Tide (MHWS) at Onslow is generally RL 1.0mAHD and Highest Astronomical Tide (HAT) is RL 1.5mAHD. The lowest road levels in Onslow are at RL 1.9m (near Third Avenue and McGrath Avenue) which means that if 0.9m is added to tidal levels then MHWS will be equal to some road levels in the year 2110. Some roads may then be almost flooded twice a day, every day, by high tide, depending upon the sand substrata permeability. This will be a significant planning constraint and an important consideration for the future. With the above constraints clearly in mind, it is important that the Shire utilise the planning process to both encourage development that has the long term safety of the community. In its report to Council in April 2012 concerning the WAPC’s review of SPP 2.6, the Shire noted as follows:

“Onslow, as a resource based coastal development node, is a different circumstance to mainstream suburban or town development and greater flexibility than the code implies may be required to define a way forward. Land Use and Development in parts of Onslow may be able to be assessed with lives substantially different to the 100 year planning horizon and/or using different risk events than those prescribed in the policy. This may include developments, of a more temporary nature, that must be removed or converted (the adaptation approach) when the risk is no longer acceptable and/or the defined planning horizon expires. The coastal policy does not presently allow these considerations. It is doubtful that the Shire will be able to argue a simple case of, “Onslow is different and must have different rules”. It will be difficult to argue a different planning horizon, or a different risk level, if the Shire is firmly of the opinion that developments will be expected to continue past the chosen time frame. This would be simple intergeneration risk transfer. Where a different planning horizon is sought it can be expected that WAPC will require a future removal or adaptation strategy that will deal


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with the property or land use at risk in the future. This can be part of our submission on the draft SPP 2.6. The Shire will need to undertake a number of studies to be able to inform Council of an appropriate planning response against the Coastal hazard risk, but if flexibility is not available this may not be possible, or practical. If risk control is either impossible or impractical then other decisions for Onslow may be required.”

In a recent planning application, MRA (as a consultant to the applicant), noted:

“The Queensland Reconstruction Authority (a subsidiary of the Queensland Government), in response to the impact of Tropical Cyclone Yasi, has developed a guideline to aid in the development and redevelopment of residential infrastructure in storm tide prone areas (Queensland Reconstruction Authority 2011). The main objectives of the Guideline are to:

• “Improve the resilience of residential dwellings to the impact of a storm tide event predominately caused by a tropical cyclone.

• Assist in safeguarding property in a storm tide. • Improve the broader long term sustainability of dwellings and their local

context.”

Furthermore, the guideline recognises that: “where communities have already been established and where a storm tide threat exists, it is recognised that residents may wish to live in these locations despite the risk. The intention of the Guideline is to enable residents to adopt a level of protection against storm tide impacts for their homes and properties, which is broadly equivalent to the level of risks adopted for wind damage from tropical cyclones.” It is obvious that to provide the best protection to property it should be built above the defined storm tide planning level. However given the inability to practicably fill development areas in Queensland (a feature shared with Onslow) the development of an elevated house, similar to the traditional Queenslander is recommended for higher risk areas.”

The arrangement of development ‘Queenslander’ style residential uses would appear to be the most appropriate within the Onslow Coastal Hazard Area – Scheme Control Area and allows land owners to achieve a minimum finished floor level of 5.9mAHD. This also reflects a design proposal for Onslow suggested by the architects associated with the Çharette carried out in July 2012. The description given to this type of development was the ‘Onslander’. However, although the ‘Onslander’ concept may be suitable for residential development at 5.9mAHD, it would still not provide the opportunity for commercial development to be considered. In this regard, the Shire is seeking to implement measures in the Planning Scheme that will provide development levels within an expanded Onslow Coastal Hazard Area as follows that although not directly reflecting the MRA advice, achieves the spirit of SPP 2.6 (in its current form) and SPP 3.4 as follows:


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i. ‘Strategic’ emergency community services use and development shall be at a minimum finished floor level of 6.4mAHD.

ii. Commercial-strategic use and development greater than 150m2 (e.g. supermarket)

shall be at a minimum finished floor level of 5.9mAHD unless the operator has secured land elsewhere in Onslow at 5.9mAHD that can be used for storage or storage on site is at 5.9mAHD.

iii. Residential use and development shall be at a minimum finished floor level of

5.9mAHD.

iv. Industry use and development shall be at a minimum finished floor level of 4.9mAHD.

v. Commercial-non strategic use and development less than 150m2 and development shall be at a minimum finished floor level of 4.9mAHD.

vi. Non strategic community services use and development shall be at a minimum finished

floor level of 4.9mAHD.

vii. ‘Temporary’ and transient use and development shall be at a minimum finished floor level generally reflecting the current differentiation of 4.0mAHD. However the requirement would be that development of such uses could not be approved beyond 2040 and be removed from land by a set date (suggested to be 31 December 2040).

viii. Entertainment, recreation and cultural use shall be at a minimum finished floor level of

2.5mAHD. A broader definition of the above ‘uses’ is included as ATTACHMENT 13.12C.

ATTACHMENT 13.12C In an attempt to address the low road levels in Onslow, all land subject of a planning approval within the Onslow Coastal Hazard Area would have minimum finished ground level of 2.5mAHD. However, so not to exacerbate a wider area of flooding, it is proposed to include a provision that requires any filling of land within the Onslow Coastal Hazard Area to require the consent of the Shire. There is a presumption against filling to achieve a finished ground level higher than 2.5mAHD. It is not proposed to require modifications to buildings listed in the Shire’s Municipal Inventory or on the State Heritage Register to necessarily comply with the higher floor levels due to the potential impacts on the heritage buildings. It would however be appropriate that any planning approvals issued over such heritage properties would require a memorial on the title warning of the floor level is below the 1:100 years flood level. In addition, it is proposed to include the opportunity for Council to consider

• commercial-non strategic use and development; or • industry use and development; or • health, welfare and community services-non strategic;

at a lesser finished floor level than described above where:


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“i the application includes a strategy and management measures to: (a) ensure that any storage, warehousing, electrical fittings/switchboards

(but not including electrical power-points) are provided above 5.9mAHD; (b) address how an approved use can be removed or adapted as the case

may be by the date referred to in ii) below;

ii an approved use is removed from the land as follows: (a) where the finished floor level is between 4.0m - 4.8mAHD, the

development shall be removed by 31 December 2040; and (b) where the finished floor level is between 4.9m - 5.8mAHD, the

development shall be removed or adapted by 31 December 2060.”

The intention of this provision is to provide practical means for the development of the town centre in its immediate future (potentially up to 2060). Clearly, Onslow is at risk to coastal hazards and any opportunity for development must recognise this. In addition, an Amendment to Scheme to address the Onslow Coastal Hazard Area and finished floor level provisions will necessitate protection measures. This could include the long term establishment of a sea wall to protect the town by 2040. This doesn’t mean it has to be developed but it will mean that the matter is addressed by State Government and the Council. In this regard, it is intended to seek funds in the 2012/13 Budget for a consultant to review the existing wall and initiate designs to reflect the above. It is possible that before any changes to the Scheme are supported by the State that definitive recommendations concerning a sea wall along with funding mechanisms are required. However realistically, such arrangements are several years off and to enable development of the town (even for the short term) modifications to the Scheme (such as addressed in this Report) are required. The Shire notes the advice from the EPA, however, it is the Shire’s view is that the recommended floor levels do reflect SPP 2.6 as the MP Roger & Associates Pty Ltd recommended finished floor levels includes a factor of safety of 0.5 m above the predicted design inundation at 2110. Although the ‘safety factor’ may have merit, it is excess of the requirements of SPP 2.6 and would make development of Onslow impractical. It is recommended that AM 24 proceed to advertising. Conclusion The intent of draft Am 24 is to provide the opportunity to allow development to occur that reflects the direction of SPP 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. Importantly, AM 24 provides a realistic means by which Onslow can develop in the foreseeable future. Residential development reflects a minimum floor level above the 100 year ARI development level. The benefit of this approach is that it helps to preserve the streetscape of the Onslow townsite by maintaining a development presence nearer to the existing street levels. The current Scheme approach requiring commercial development to be above the 100 year ARI level would mean that there would be no opportunity for development to reflect street level as it would be in 2060. Depending on the location of the ‘temporary use’, a development may be approved to finished floor level equivalent to 25 year ARI in 2040 (where the finished floor level is to be between 4.0m - 4.8mAHD) but such uses will need to be removed at the end


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of 2040. Where a defined finished floor level is between 4.9m - 5.8mAHD, but such uses will need to be removed or adapted at the end of 2060. All Planning Approvals within the revised Onslow Coastal Hazard Area will require a memorial on title that clearly defines that the development on the land may be subject to storm surge and flooding. Consultation A/Chief Executive Officer A/Executive Manager, Technical Services Advertising is for a minimum of 42 days. During the advertising period, all land owners in the recommended extended Onslow Coastal Hazard Area in Onslow would be notified and invited to comment. Statutory Environment Planning and Development Act 2005 Planning Scheme amendments are processed in accordance with the Planning and Development Act (2005) and 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 Amendments’ 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 WAPC. The opportunities provided by draft AM 24 will be closely considered by the DoP and the WAPC to ensure that they reflect the WAPC SPP’s. Shire of Ashburton Local Planning Scheme No. 7.

“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.


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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 The Shire will be responsible for the Amendment report preparation, advertising and (if approved by the Minister for Planning) the Gazettal costs associated with this matter. This will be in the vicinity of $3,000. Strategic Implications A new Strategic Industrial Area at Ashburton North will have significant impact upon the Shire and in particular, the strategic direction for Onslow. The Shire supports the direction of the Federal and State governments. 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 Note the advice provided in relation to draft Amendment No. 24 to Shire of Ashburton Local Planning Scheme No. 7 (ATTACHMENT 13.12B).

That Council, in pursuance of Part V of the Planning and Development Act 2005 ("Act"), adopt for community consultation purposes draft Amendment No. 24 to Shire of Ashburton Local Planning Scheme No. 7 that proposes:

1. Introduce a revised provision Clause 7.3 as follows:

“7.3 Onslow Coastal Hazard Area 7.3.1 The Special Control Area applies to all land identified on the

Scheme Map and as defined in Appendix 11. 7.3.2 Applications for planning approval within the Special Control

Area shall be assessed under Appendix 11 and all development shall conform to the requirements of Appendix 11.

7.3.3 Applications for planning approval not in conformity with of

Appendix 11 are prohibited.” 2. Introduce a revised provision Clause 6.20.2 and Clause 6.20.3 as follows:

“6.20.2 In areas not subject to Onslow Coastal Hazard Area and where

the Local Government considers the form of development the subject of a planning application to be potentially incompatible with land prone to flood and storm surge events, it must be


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satisfied that approval of such planning applications has regard to flood and storm surge events and may approve, with or without conditions, or refuse proposals at its discretion.

6.20.3 Prior to considering planning applications under Clause 6.20.2

the 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.”

3. Introduce a new provision of Appendix 11 as follows:

“APPENDIX 11 Purpose:

• To ensure that all development within the Onslow Coastal Hazard Area is designed and developed with finished floor levels to reflect the direction of State Planning Policy 2.6 and State Planning Policy 3.4.

1. Land use definitions to be applied in this Appendix are those applicable to

the predominant use of the specific proposal and not necessarily the various components of the overall land use.

Note: For example, A dwelling may have sheds and a garage which can be approved at a minimum ground level of 2.5mAHD.

2. For the purpose of Appendix 11, the following land use descriptions apply:

i. ‘Entertainment, recreation and culture’ use means: • Clubrooms • Equestrian Centre • Private Recreation • Public Recreation

ii. ‘Commercial-strategic’ use means: • Shop (greater than 150m2 GLA)

iii. ‘Commercial-non strategic’ use means: • Caretaker's Dwelling • Display Home Centre • Entertainment Venue • Exhibition, Display and Outdoor Sales Facilities • Holiday Accommodation • Hotel • Market • Motel • Movable Dwelling • Motor Vehicle and/or Marine Repair • Motor Vehicle and/or Marine Sales & Hire • Motor Vehicle and/or Marine Service Station • Motor Vehicle and/or Marine Wrecking


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• Motor Vehicle Wash • Office • Outdoor Display • Reception Centre • Restaurant • Shop (less than 150m2 GLFA) • Showroom • Commerce continued • Take-away Food Outlet • Warehouse • Transient Workforce Accommodation

iv. ‘Health, welfare and community services-non strategic’ use means:

• Carpark • Childcare Service • Community Use • Consulting Rooms • Education Establishment • Funeral Parlour • Place of Animal Care • Place of Public Meeting, Assembly or Worship

v. ‘Health, welfare and community services-strategic’ use means: • Emergency Services • Hospital • Medical Centre • Nursing Home • Public Utility

vi. ‘Industry’ means: • Abattoir • Agriculture • Arts and Crafts Centre • Harbour and Marina Facilities • Hire Service (Industrial) • Home Business • Home Occupation • Industry - Extractive • Industry - General • Industry - Light • Industry - Resource Processing • Industry - Rural • Industry - Service • Infrastructure • Intensive Agriculture • Research Laboratory • Stockyard • Storage facility/depot/laydown area

vii. ‘Residential’ means:

• Aged or Dependent Persons Dwelling


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• Grouped Dwelling • Multiple Dwelling • Residential Building • Single House

viii. ‘Temporary and/or transient’ use means use and development that

have a limited tenure and operation on land and may include: • caravan park; • transient workforce accommodation on land zoned Tourist; • car park; and • ablutions; or • other use only where the local government resolves that the

particular development or use is consistent with the purposes of Appendix 11.

3. Within the Onslow Coastal Hazard Area the following land use and

development shall only be undertaken within the following finished floor levels to the satisfaction of the local government:

i. All health, welfare and community services strategic use and

development shall be at a minimum finished floor level of 6.4mAHD.

ii. All commercial-strategic use and development shall be at a minimum finished floor level of 5.9mAHD.

iii. Commercial-strategic use and development greater than 150m2 (e.g.

supermarket) shall be at a minimum finished floor level of 5.9mAHD unless storage either site is at 5.9mAHD or the applicant or landowner can secure an alternative site for storage at 5.9mAHD.

iv. All residential use and development shall be at a minimum finished

floor level of 5.9mAHD.

v. All industry use and development shall be at a minimum finished floor level of 4.9mAHD.

vi. All commercial-non strategic use and development shall be at a minimum finished floor level of 4.9mAHD.

vii. All health, welfare and community services-non strategic use and

development shall be at a minimum finished floor level of 4.9mAHD.

viii. Temporary and/or transient use and development may be approved at a minimum finished floor level of 4mAHD. Where planning approval is issued, the use and development shall not remain beyond 31 December 2040. All such approved uses shall be removed from the land by 31 December 2040.

ix. Entertainment, recreation and culture use may be at a minimum

finished floor level of 2.5mAHD.

4. All land subject of a planning approval within the Onslow Coastal Hazard Area shall have minimum finished ground level of 2.5mAHD.


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5. Any filling of land within the Onslow Coastal Hazard Area shall require the consent of the local government. There is a presumption against filling to achieve a finished ground level higher than 2.5mAHD.

6. A planning approval within the Onslow Coastal Hazard Area shall include a

condition that a memorial is placed on title that clearly defines that the development on the land may be subject to storm surge and flooding.

7. Notwithstanding any Clause of Appendix 11, where land is specifically

included in an adopted Municipal Inventory of Heritage Places or State Heritage Register, the local government may approve an application for planning approval on land at a finished floor level less than that prescribed in Appendix 11 provided any:

i. such approval in keeping with the historic nature of the existing

buildings; and ii. planning approval includes a memorial is on title as required in

Clause 6.

8. Notwithstanding Clause 3. of Appendix 11, upon application for planning approval to the local government for land either specifically referred to in a:

i. commercial-non strategic use and development; or ii. industry use and development; or iii. health, welfare and community services-non strategic;

may be considered by the local government at the minimum finished floor level described in the plan attached to Appendix 11 where:

i. the application includes a strategy and management measures to:

(a) ensure that any storage, warehousing, electrical fittings/switchboards (but not including electrical power-points) are provided above 5.9mAHD;

(b) address how an approved use can be removed or adapted as the case may be by the date referred to in ii) below;

ii. an approved use is removed or adapted as the case may be

from the land as follows: (a) where the finished floor level is between 4.0m - 4.8mAHD, the

development shall be removed by 31 December 2040; and (b) where the finished floor level is between 4.9m - 5.8mAHD, the

development shall be removed or adapted by 31 December 2060.

9. Where a planning approval is issued under Clause 7. of Appendix 11 or

where a temporary and/or transient use and development is approved, the local government shall not support subdivision unless it is an amalgamation of land.”

4. To modify the Scheme Maps reflecting a modified Onslow Coastal Hazard Area – Special Control Area (as provided in ATTACHMENT 13.12Aa and ATTACHMENT 13.12Ab)


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5. That draft Amendment No. 24 be advertised for a period of 42 days, in accordance with the Town Planning Regulations 1967 and upon completion of advertising, be referred back to Council for consideration.

CARRIED 1/0


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

MINUTE: 11418 FILE REFERENCE: ON.TH.447 AUTHOR’S NAME AND POSITION:



Property Development Solutions




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 Council determined as follows:


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“That Council request the Chief Executive Officer to: 1. 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 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.

2. 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.”

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. In November 2012, the Shire wrote 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.”

The Applicant does not support the inclusion of the above condition for reasons provided in this Report. For reasons associated with compliance with the WAPC’s State Planning Policy 2.6 that the Application be refused. 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


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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 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


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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”.

(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.


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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 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. Proposal At the Council meeting of 15 September 2009, Council issued planning approval 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’). 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. Save for the restaurant, the development has been completed. In July 2011 the Applicant requested that Council remove a condition requiring an acoustic fence to the adjoining aged person units. Council resolved that the condition would stay. The acoustic fence is to be completed and which has been secured by a $30,000 bond (from the applicant). In 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


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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 13.13A 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. 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:

1. 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 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.

2. 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.”

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. In 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.” 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: “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.”


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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 13.13B (and from the Applicant (ATTACHMENT 13.13C) where part of the conclusion states:

ATTACHMENT 13.13B ATTACHMENT 13.13C

“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.”

Comment The Shire’s view is that the significant issue associated with the Application is the necessary finished floor levels of the development. Using information provided by MP Rodgers and Associates and from discussions with officers from the Department of Planning and the Department of Transport, the Shire has concluded that a finished floor level of 5.9mAHD for development. The current Scheme approach requiring commercial development to be above the 100 year ARI level would mean that there would be no opportunity for development to reflect street level as it would be in 2060. Depending on the location of the ‘temporary use’, a development may be approved to finished floor level equivalent to 25 year ARI in 2040 (where the finished floor level is to be between 4.0m - 4.8mAHD) but such uses will need to be removed at the end of 2040. Where a defined finished floor level is between 4.9m - 5.8mAHD, but such uses will need to be removed or adapted at the end of 2060.


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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 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 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. When considering parking for the original Planning Approval in September 2009, Council did not have any specific parking Policy for Onslow. In 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. Conclusion The position of the Applicant (through their legal advisor) is noted. It is clear that the suggested condition that does potentially place limitations on the length of time of the development is not acceptable to the Applicant. On this basis, Council is recommended to refuse the Application on the basis that it is not in accordance with the Scheme and in particular, SPP 2.6. It is appreciated that Council may wish to seek an alternative to refusal however to reflect the Scheme and SPP 2.6 the Shire considers that the offending condition would need to be included. Consultation A/Chief Executive Officer A/Executive Manager - Technical Services


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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. 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.

CARRIED 1/0 REASON FOR CHANGE OF RECOMMENDATION: The Applicant has contacted the Commissioner opposing the Shire Recommendation in Item 13.13. By laying the matter on the table, the Shire can investigate alternatives to refusal and provide draft conditions that my enable consideration of planning approval.


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13.14 APPROVAL TO TENDER FOR REMOVAL OF EXISTING AND CONSTRUCTION OF NEW FENCE. TOM PRICE TENNIS COURTS

MINUTE: 11419 FILE REFERENCE: TP.WL.0000.000 AUTHOR’S NAME AND POSITION:

Keith Pearson A/Executive Manager - Technical Services


Not Applicable




Not Applicable

Summary It is proposed to demolish the existing fence around the Tom Price Tennis Courts and replace it with a new, four metres high, chain mesh fence. Council support is sought to call for tenders for the project, these to be assessed, based on the selection criteria set out in this report. Background It is proposed to demolish the existing fence around the Tom Price Tennis Courts and replace it with a new, four metres high, chain mesh fence. Funding has been provided for in the 2012/2013 Annual Budget, to the extent of $180,000.

Comment It is proposed to call tenders for fixed price submissions for the supply of materials and construction of a new fence. Tenders will be assessed against the following selection criteria.

Description of Criteria Weighting Relevant Experience and Key Personnel

• Demonstrate experience and skill in all aspects of projects of a similar nature displaying high quality outcome

• Demonstrate key personnel’s experience in completing similar projects and their skills and experience to be used on this project; .

20%

Time 10%


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The timeliness of the proposal against Council’s requirements

Methodology/Quality Systems

Provide an overview of the methodology and approach to carrying out the works by providing:

• A construction program demonstrating how the contract timeframe will be met;

• A brief written construction methodology;

• A summary of the key risks that may impact on how the works are delivered; and how these risks will be managed.

• Warranties or guarantees provided;

10%

Price

60%

Total 100% The Shire’s “Buy Local – Regional Price Preference Policy” will be applicable to this tender. Consultation A/Chief Executive Officer Executive Manager - Community Services Statutory Environment Local Government Act 1995, Section S3.57 “Tenders For Providing Goods or Services” Local Government Function & General Regulations 1996. Regulation 14(2a)

“14 (2a) If a local government –

(a) Is required to invite a tender; or (b) Not being required to invite a tender, decides to invite a tender,

The local government must, before tenders are publically invited, determine in writing, the criteria for deciding which tender should be accepted”

Financial Implications Funding has been provided for in the 2012/2013 Annual Budget, to the extent of $180,000. Strategic Implications Shire of Ashburton Community Strategic Plan 2012 – 2022. Goal 4 “Distinctive and Well Serviced Places” Objective 1 – Quality Public Infrastructure Policy Implications Purchasing and Tendering Policy (FIN 12) Buy Local – Regional Price Preference Policy (FIN04)


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Voting Requirement Simply Majority Required Council Decision MOVED: Commissioner R Yuryevich That Council authorise the A/Chief Executive Officer to invite public tenders for the installation of fencing around the Tom Price Tennis Courts and the following evaluation criteria be applied to tender submissions:

• Relevant Experience and Key Personnel 20% • Time 10% • Methodology/Quality Systems 10% • Cost 60%

CARRIED 1/0


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14. OPERATIONS REPORTS

14.1 PRIVATE WORKS - COONDEWANNA INTERSECTION UPGRADE BHP BILLITON (IRON ORE)

MINUTE: 11420 FILE REFERENCE: RO.JUDW AUTHOR’S NAME AND POSITION:

Fiona Keneally Executive Manager - Operations


Not Applicable




Agenda Item 14.2 (Minute: 11329), Ordinary Meeting of Council October 2012

Summary The Shire of Ashburton (Operations) undertook private works for BHP Billiton Iron Ore Pty Ltd on the Juna Downs Road during 2011/2012. BHP Billiton Iron Ore Pty Ltd has approached the Shire of Ashburton Operations Department to undertake another project on the Great Northern Highway at the Coondewanna Intersection. The project involves the widening and upgrade of the intersection to accommodate increased traffic movements to the Area C airstrip. The project forms part of the 2012/13 approved budget. Due to delays in initiating the project, BHP Billiton Iron Ore Pty Ltd has approached the Shire to re-visit the initial estimated cost. A private works policy is scheduled to be brought to council at the March 2013 meeting for determination. In the interim, to meet scheduled timelines for completion, this private works project is brought to council for approval to enter into a financial agreement with BHP Billiton Iron Ore Pty Ltd to undertake the works. Background Operations undertook private works for BHP Billiton (Iron Ore) on the Juna Downs Road during 2011/2012. The project consisted of upgrading the road formation, polymer stabilisation and the installation of a new floodway. An eight kilometre section of the road upgrade was located within the Shire of East Pilbara and the remaining 10 kilometres within the Shire of Ashburton. The project was classified as a “contribution to work” whereby the client paid for upgrades on a (predominately) shire owned asset.


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The financial agreement for undertaking the work was on a cost plus basis. BHP Billiton Iron Ore agreed to pay the Shire of Ashburton for its actual costs to undertake the work plus a margin of 15% to cover administrative costs and profit. BHP Billiton Iron Ore Pty Ltd has approached the Shire of Ashburton (Operations Department) to undertake a construction project on the Great Northern Highway at the Coondewanna Intersection. The project involves the widening and upgrade of the intersection to accommodate increased traffic movements to the Area C airstrip. The project was included as part of the 2012/13 budget. BHP Billiton Iron Ore Pty Ltd has stated that they do not intend to seek competitive quotations from other supply sources. Comment The scope of the intersection upgrade project is design and construct. The project estimate has been revised to reflect recent quarry and bitumen price rises and to include an increased contingency. The revised estimate is attached.

ATTACHMENT 14.1A The financial agreement for undertaking the work is on a cost plus basis. BHP Billiton Iron Ore would agree payment to the Shire of Ashburton for its actual costs to undertake the work plus a margin of 15% up to the total value of the revised estimate. It is anticipated that preliminary survey, geotechnical investigation and design will take four to five months. Assuming a project start date of early February 2013, projected timelines indicate a construction commencement date of July 2013 with completion by 31 August 2013. The current capital works road crew is engaged on road improvement works on Banjima Drive West (Karijini NP). This work was suspended prior to the Christmas break due to inclement weather preventing the preparation of pavement for spray sealing. On return from break, this capital works team will undertake the Onslow Aerodrome Apron Extension project prior to returning to complete Banjima Drive West. There are several smaller projects that will be completed by the road crew continuing until June 2013. Past experience indicates that July - August is a period of minor levels of capital works activity, pending budget approval. This project presents an opportunity to utilize this timeframe to earn revenue in a low risk environment. A copy of the proposed financial agreement framework is attached.

ATTACHMENT 14.1B

The proposed project will be undertaken utilizing internal labour and plant, current contracts and WALGA preferred suppliers. Individual supply orders to be issued in accordance with FIN12 – Purchasing & Tender Policy. Orders will be in accordance with approved delegations.


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Any goods or services purchased through the WALGA Council Purchasing Service will use the following assessment criteria

Relevant Experience 10% Technical skills of key personnel 10% Resources – demonstrated ability to supply and sustain the necessary resources 20%

Methodology/Quality Systems 10% Price 50% 100%

Consultation A/Chief Executive Officer Capital Works - Roads Supervisor Statutory Environment Section 3.57 of the Local Government Act 1995 - Tenders for providing goods or services Local Government Act 1995 Regulation 11 of the Local Government Functions & General Regulations 1996 exempts the need to call public tenders if goods or services are obtained through WALGA Council Purchasing Service Financial Implications Item forms part of approved budget, with a revised expenditure, revenue and profit as follows - The estimated project expenditure is $859,833.05 (Ex GST) The estimated project revenue is $988,808.00 (Ex GST) The estimated profit / overhead contribution is approximately $129,000.00 (Ex GST) Strategic Implications Goal 02 – Enduring Partnerships, Objective 02 – Enduring Partnerships with Industry and Government; Goal 05 – Inspiring Governance – Objective 04 – Exemplary team and work environment. Profit generated from this project can be utilized as discretionary spending to support the Shire of Ashburton Strategic Plan. Policy Implications Not Applicable Voting Requirement Absolute Majority Required


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Council Decision MOVED: Commissioner R Yuryevich That Council 1. Enter into a financial agreement with BHP Billiton Iron Ore Pty Ltd to undertake

road improvement works on the Great Northern Highway and Coondewanna Intersection on a cost plus 15% basis, up to an expenditure value of $859,833.05 (Ex GST).

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


3. Determine the following selection criteria for goods and services associated with

Coondewanna Intersection Upgrade project.

Relevant Experience 10% Technical skills of key personnel 10% Resources – demonstrated ability to supply and sustain the necessary resources

20%

Methodology/Quality Systems 10% Price 50% 100%



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15. COMMUNITY DEVELOPMENT REPORTS There were no Community Development reports for this meeting.

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

Council Decision MOVED: Commissioner R Yuryevich That Council considers the following New Business of an Urgent Nature Item: 16.1 NEW BUSINESS OF AN URGENT NATURE - RECONSIDERATION OF RFT

10/12 DESIGN AND CONSTRUCT OF ONSLOW AIRPORT TERMINAL

CARRIED 1/0


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16.1 NEW BUSINESS OF AN URGENT NATURE - RECONSIDERATION OF RFT 10/12 DESIGN AND CONSTRUCT OF ONSLOW AIRPORT TERMINAL

MINUTE: 11421 FILE REFERENCE: OR.CM.10.19 AUTHOR’S NAME AND POSITION:

Megan Walsh Project Manager


Nil




Minute No 11355 - Ordinary Meeting of Council 21 November 2012 Item 15.06.12 – Ordinary Meeting of Council 16 June 2010

Summary On the 7 July 2012 the Shire called tenders for the design and construction of Onslow airport terminal (RFT 10/12) to be constructed on lot 16 Onslow Road, Onslow. On review by the assessment panel, the tenders all exceeded the Shire’s targeted price of $5 million (not including GST). Tenders were therefore rejected due to best value for money principles. Re-tendering (RFT 10/12) occurred on 15 September 2012 with a revised scope. Eleven submissions were received. At the 21 November 2012 Ordinary Meeting of Council, Council resolved by absolute Majority to award Woollams Constructions the status of Preferred Tenderer and delegated to the Chief Executive Officer the authority to award the contract. On further detailed review of the tender documentation it was discovered that there were issues with the final tendered price. This Item is to seek Councils endorsement of the proposed way forward. Background Tender RFT 10/12, was called on 15 September 2012 and closed on 29 October 2012. Eleven submissions were received. The tender was for the design and construction of the Onslow airport terminal and required the contractor to be responsible for design documents, provision and management of all


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resources, labour and materials, on and off site fabrication and construction work, services work, fencing, and installation of all finishes, fixtures and fittings. The tender called for a modern, high quality airport terminal, with the terminal building being welcoming to tourists, residents and resource sector visitors. The design also needed to demonstrate a quality and degree of innovation and visual impact, whilst still being a sustainable building that holds economic value over cost of life. An indicative floor plan was provided which demonstrates Council’s aspirations for the terminal. It had all the key features to promote effective aerodrome management. Whilst is unlikely that the aerodrome will need expansion in the short to medium term, there is the possibility that this may occur in the future therefore designs that enable expansion were requested. The terminal design was required to incorporate the following features:

• Car Hire Area (minimum 2 car hire) • Airport Mangers office • Airline dispatch Office • Departures lounge to fit 100 persons, including beam seating • Ticket check station • Internal toilets • Kiosk • Cleaners store • 1 x external toilet (for after hours requirements) • Provisions for Security Screening area • Check in counter (Min x 3) • Baggage Claim area • Baggage Carousel – additional cost option The target completed contract cost was $5,000,000 + GST. The contract only included the terminal. All head works, communications, security screening equipment, furniture, landscaping, surrounds, waste treatment plant, car parks and fire fighting plant will be part of separate contacts. A tender panel consisting of Shire officers and consultants assessed the tenders based on the following criteria: Price 45%

Design /innovation / functionality 30% . Previous Similar Projects & Experience 5% Environmentally Sustainable Design 20% Council resolved at the November 2012 meeting to -

“1. Appoint Woollom Constructions as the preferred tenderer for the Onslow Airport Terminal building construction project and delegate to the Chief Executive Officer to award the contract.


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2. Delegate the Chief Executive Officer authority to approve the planning application of the Onslow Airport Terminal.”

On further review of the tender documentation it was discovered that Woollom Constructions had miscalculated the trade break up schedule which reflected an incorrect lump sum figure in the schedule and the tenders offer form. Woollom Constructions were contacted and asked to clarify the variance. Upon review of their figures Woollom Constructions agreed the design and documentation costing had been omitted from the breakdown and not included in the lump sum amounts. Tender Price accepted by Council was $4,976,000.00 (Exclusive of GST). Woollom Constructions revised/amended price which includes the design and documentation is $5,156,000.00 (Exclusive of GST).

ATTACHMENT 16.1A Woollom Constructions remain the preferred tenderer after performing the evaluation process with the revised price.

ATTACHMENT 16.1B Additional funding above the approved budget figure required to complete scope of works based on the Tenderer’s revised lump sum total is $156,000(Exclusive of GST). Furthermore, as part of RFT 10/12, tenderers were invited to price an option of the supply and installation of an automated arrivals baggage carousel. The Woollom Constructions tender submission offered this option at a cost of $70,000 (Ex GST). The installation of an automated arrivals baggage carousel is considered a necessary component of a modern terminal for the following reasons –

• The Onslow Aerodrome will have a minimum of four flights per day with the potential for eight per day, on occasions. Given this, access doors to baggage collection will be open for long periods of time, reducing the effectiveness of air-conditioning. In summer, passengers will be unlikely to stand outside waiting for bags.

• With access required from the arrivals hall to airside with no baggage carousel, a fence and gates would have to surround the baggage collection area.

• In the event of flights arriving concurrently, baggage collection would be congested and there would be potential for delays without a carousel.

• The addition of a carousel would assist with the terminal being seen as a hub for the region (not a back yard attempt)

• Dust would be reduced in the immediate vicinity of the terminal access An additional amount totaling $226,000 would be required, above the original budget of $5,000,000, in the event of the carousel being included. This matter has been referred to both the Shire Solicitor and the Department of Local Government for consideration and both parties have advised that the amendment to the cost schedule represents a minor amendment, pursuant to Regulation 20 of the Local Government (Functions and General) Regulations. For this reason it is open to Council to accept the amended tender.


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Consultation A/Chief Executive Officer Executive Manager - Strategic & Economic Development Executive Manager - Operations A/ Executive Manager - Technical Services Peter Kyle (Haynes Robinson Lawyers) – Shire of Ashburton Legal Consultant Department of Local Government Statutory Environment Local Government Act 1995 s 3.57 Local Government Act 1995 s 5.42 and 5.43 Local Government (Functions and General) Regulations 1996 Pt.2 Div.2 Shire of Ashburton Local Planning Scheme No. 7 The development will require planning approval. It is intended that that successful Tenderer will be responsible for seeking planning approval. As the land is owned by the Shire, the application form will need to be signed by the Chief Executive Officer. The Principal Town Planner has advised that the Application will be advertised in accordance with the Planning Scheme. Under delegation DA035, the Council has delegated authority to the Chief Executive Officer to approve certain planning matters. An application for the terminal would come under DA035. The building is required to be constructed in accordance with: • Building Code of Australia • Department of Health Standards Policy Implications Purchasing and Tender Policy FIN 12 Financial Implications The anticipated revenue from aerodrome landing fees and passenger tax included in the approved 2012/13 Budget was $650,000. To the 15 January 2013, actual revenue from the above is $490,917.40. For the period 15 January to June 30 2013, the projected revenue for fees and taxes is $631,000. This results in revised 2012/13 revenue of approximately $1,121,490.00. The additional revenue could contribute towards the additional $226,000 above the approved budget expenditure. Strategic Implications ‘Living Life’ Shire of Ashburton 10 Year Community Strategic Plan 2012-2022: Goal 2, Objective 2 – Enduring partnerships with Industry and Government; Goal 4, Objective 1 – Quality Public Infrastructure Voting Requirement Absolute Majority Required


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Council Decision MOVED: Commissioner R Yuyrevich That Council:

1. Award to Woollom Constructions RFT 10/12 the new tendered price of $5,156,000.00 (Exclusive of GST).

2. Direct the A/Chief Executive Officer to award the variation for the supply and installation of the arrival baggage Carousel included as a Tender Option in RFT 10/12 to Woollom Constructions to the value of $70,000 (Exclusive of GST).

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



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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.


146

Council Decision MOVED: Commissioner R Yuryevich That Council close the meeting to the public at 1.34pm pursuant to sub section 5.23 (2) of the Local Government Act 1995.

CARRIED 1/0

Peter Foster and Cecilia Fernandez, Suspended Council members, Anika Serer and members of the public left the room at 1.34pm.


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17.1 CONFIDENTIAL ITEM - APPLYING SHIRE COMMON SEAL TO DEED OF RELEASE - WITTENOOM LITIGATION

MINUTE: 11422 FILE REFERENCE: AS.WI.002.00 AUTHOR’S NAME AND POSITION:

Keith Pearson A/Executive Manager - Technical Services


Ms Yvonne Amonini




Confidential Agenda Item 17.1 Ordinary Meeting of Council, 22 November 2012 Confidential Agenda Item 17.3Ordinary Meeting of Council, 12 December 2012

Please refer to Confidential Item Attachment under separate cover.

Council Decision MOVED: Commissioner R Yuryevich That Council resolves to adopt the officer’s recommendation as per Agenda Item 17.1 Confidential Item - Applying Shire Common Seal to Deed of Release - Wittenoom Litigation.



148

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

MINUTE: 11423 FILE REFERENCE: LE.LE.00.00 AUTHOR’S NAME AND POSITION:

Frank Ludovico A/Chief Executive Officer


Not Applicable




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


149

Council Decision MOVED: Commissioner R Yuryevich That Council close the meeting to the staff at 1.38pm pursuant to sub section 5.23 (2) of the Local Government Act 1995.

CARRIED 1/0 Lisa Hannagan, Keith Pearson, Jacki Remihana, Fiona Keneally and Kaylani Cortesi left the meeting at 1.38pm.


150

17.3 CONFIDENTIAL AGENDA ITEM - STAFF ACTING ARRANGEMENTS

MINUTE: 11424 FILE REFERENCE: EE.EM.ASHBU.00 AUTHOR’S NAME AND POSITION:

Frank Ludovico A/Chief Executive Officer


Not Applicable


The author is currently the A/Chief Executive Officer.


Ordinary Meeting of Council 21 November 2012 – Confidential Agenda Item 17.1

Please refer to Confidential Item Attachment under separate cover. Council Decision MOVED: Cr SECONDED: Cr That Council: 1. Appoint Mr Frank Ludovico the A/Chief Executive Officer for the SOA for a period o

months commencing on the 22 November 2012 with his employment conditions as per draft contract attached ATTACHMENT 17.3A.

2. Appoint Mrs Lisa Hannagan the A/Executive Manager, Corporate Services for the SOA fo

period of 6 months commencing on the 22 November 2012 with her employment conditio as per the draft contract attached ATTACHMENT 17.3B.

3. Appoint Mr Keith Pearson the A/Executive Manager, Technical Services for the SOA fo

period of 6 months commencing on 24 December 2012 with his employment conditions per the draft contract attached ATTACHMENT 17.3C.



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Council Decision MOVED: Commissioner R Yuryevich That Council re-open the meeting to the staff and public at 1.40pm pursuant to sub section 5.23 (2) of the Local Government Act 1995.

CARRIED 1/0 Lisa Hannagan, Keith Pearson, Jacki Remihana, Fiona Keneally and Kaylani Cortesi re-entered the meeting at 1.40pm. Peter Foster and Cecilia Fernandez, Suspended Council members and members of the public re-entered the meeting at 1.40pm. Commissioner Yuryevich read out the decisions made whilst the meeting was closed to the public.

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

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

20. NEXT MEETING The next Ordinary Meeting of Council will be held on 13 February 2013, at the Ashburton Hall, Ashburton Avenue, Paraburdoo, commencing at 1.00 pm.

21. CLOSURE OF MEETING Commissioner Yuryevich closed the meeting at 1.42pm.

shire of ashburton ordinary council meeting minutes (public … january... · 2013-07-25 · notice...

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