shire of carnarvon agenda papers ordinary …...land. the matter is on hold pending discussions with...

SHIRE OF CARNARVON

AGENDA PAPERS

ORDINARY MEETING OF

COUNCIL

TUESDAY 24TH JULY

2018

Council Chambers, Stuart Street CARNARVON, West Australia Phone: (08) 9941 0000 Fax: ((08) 9941 1099 Website – www.carnarvon.wa.gov.au

Ordinary Council Meeting Agenda 24th July 2018 1

NOTICE OF MEETING

Notice is hereby given

Shire of Carnarvon

Ordinary Council Meeting

will be held

on Tuesday 24TH July 2018

in the Shire Council Chambers, Stuart Street Carnarvon, commencing at 8.30am

Mark Dacombe ACTING CHIEF EXECUTIVE OFFICER

DISCLAIMER

No responsibility whatsoever is implied or accepted by the Shire of Carnarvon for any act, omission or statement or intimation occurring during Council/Committee Meetings or during formal/informal conversations with Staff or Councillors. The Shire of Carnarvon disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council/Committee Meetings or discussions. Any person or legal entity who acts or fails to act in reliance upon any statement does so at that person's or legal entity's own risk.

In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or limitation of approval made by a member or officer of the Shire of Carnarvon during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Carnarvon. The Shire of Carnarvon warns that anyone who has an application lodged with the Shire of Carnarvon must obtain and only should rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attaching to the decision made by the Shire of Carnarvon in respect of the application.


AGENDA

1.0 ATTENDANCES , APOLOGIES & APPLICATIONS FOR LEAVE OF ABSENCE (The Local Government Act 1995 Section 2.25 provides that a Council may, by resolution, grant leave of absence to a member

for Ordinary Council Meetings. The leave cannot be granted retrospectively and an apology for non-attendance at a meeting is

not an application for leave of absence.)

2.0 PUBLIC AND ELECTED MEMBER QUESTION TIME

(In accordance with Section 5.24 of the Local Government Act 1995, a 15 minute public question time is made available to allow

members of the public the opportunity of questioning Council on matters concerning them. All questions are to be provided on

the Public Question Time Submission Form.)

3.0 DECLARATIONS OF INTEREST

(Councillors and Staff are reminded of the requirements of Section 5.65 of the Local Government Act 1995, to disclose any

interest during the meeting or when the matter is to be discussed.)

4.0 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN 5.0 CONFIRMATION OF MINUTES 5.1 Minutes of Ordinary Meeting of Council held on 26th June 2018 5.2 Minutes of Audit Committee Meeting held on 17th July 2018 5.3 Minutes of Special Meeting of Council held on 17th July 2018 6.0 PRESENTATIONS, PETITIONS AND MEMORIALS

7.0 ANNOUNCEMENTS BY THE PRESIDENT WITHOUT DISCUSSION 8.0 DEPARTMENTAL REPORTS 8.1 GOVERNANCE 8.1.1 Actions Performed Under Delegated Authority June/July 2018..................................... 5 8.1.2 Local Government Convention & Trade Exhibition – Attendance ................................ 16 8.2 CORPORATE & COMMUNITY SERVICES 8.2.1 Accounts for Payment – 30 June 2018 ........................................................................ 18 8.2.2 Management Report – 30 June 2018 ........................................................................... 20 8.2.3 Investments as at 30 June 2018 ................................................................................... 22 8.3 DEVELOPMENT SERVICES 8.3.1 Local Planning Scheme No. 10 – Amendment No. 74 .................................................. 24 8.3.2 Local Planning Scheme No.. 10 – Amendment No.73 .................................................. 29 8.3.3 Development Application - Home Extensions – Lot 601 Yardi Quays .......................... 32 8.3.4 Stables – Lot 399 Cornish Street .................................................................................. 40 8.3.5 Carnarvon Christian School – Establishment of Oval & Irrigation System .................... 46 8.3.6 Old Post Office Café – Restaurant and Reduction of Lodging House ........................... 51


8.4 INFRASTRUCTURE SERVICES 8.4.1 Infrastructure Monthly Report – July 2018................................................................ 55 9.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 10.0 URGENT BUSINESS APPROVED BY THE PRESIDING MEMBER OR BY A DECISION OF THE COUNCIL 11.0 DATE OF NEXT MEETING 11.1 Next meeting of Council will be held on Tuesday 28th August 2018 commencing at 8.30am. 12.0 MATTERS FOR WHICH MEETING TO BE CLOSED TO MEMBERS OF THE PUBLIC

13.0 CLOSURE


8.1.1 ACTIONS PERFORMED UNDER DELEGATED AUTHORITY FOR THE MONTHS OF JUNE/JULY 2018 File No: AO3403 Date of Meeting: 24th July 2018 Location/Address: 3 Francis Street, Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Mark Dacombe, Acting Chief Executive Officer Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: To report back to Council actions performed under delegated authority for the months June/July 2018. Description of Proposal: Refer above. Background: To increase transparency this report has been prepared for Council and includes all actions performed under delegated authority for –

- Development Approvals issued - Building Permits issued; - Health Approvals issued; - Affixing of Common Seal

Consultation: Nil Statutory Environment: Local Government Act 1995 - Section 9.49A Planning & Development Act 2005 – Part 10 Div. 2 TPS No. 10 – Section 2.4 Shire of Carnarvon Local Government Act Local Laws S.29 Health Act 1911 – S.107; Health Act 1911, Part VI Health (Public Buildings) Regulations 1992 Relevant Plans and Policy: Nil Financial Implications: There are no financial implications. Risk Assessment: Reporting requirement only.


Community & Strategic Objectives:

ITEM OUTCOMES AND STRATEGIES

5.2 The Shire has a high standard of governance and accountability

5.2.6 Compliance with the Local Government Act 1995 and all other relevant legislation and regulations

Comment: The following tables outline the action performed within the organisation relative to delegated authority for the months June/July 2018 and are submitted to Council for information.

COMMON SEAL

Date Affixed Agreement Details

26.06.18 Regional Express (REX) Partnership Agreement

27.06.18 Regional Boating Facilities Scheme – Funding Agreement – Carnarvon Fascine Entrance Planning Study

DELEGATIONS

ENVIRONMENTAL HEALTH On-site wastewater management Health Act 1911, s.107 Health (Apparatus for treatment of sewage and disposal of effluent and liquid waste) Regulations 1974

Date of decision

Decision Ref. Decision details Applicant Other affected person(s)

25/06/2018

HOS18/004

Approval to install apparatus for the treatment of sewage: Brickhouse Homestead, L415 Lawson St, Inggarda

Jason Chaplin, Coral Coast Plumbing

Owner: State of WA

Lessee: Forrest & Forrest Pty Ltd ATF MSPC Trust

Lodging houses Health Act 1911, Part V, Division 2 Shire of Carnarvon Health Amendment Local Laws 2002, Part 8

Date of decision

Decision Ref. Decision details Applicant Other affected person(s)

18/06/2018 HLH18/020

Renewal of Lodging House Registration: Peoples Park Coral Bay: 20 Robinson Street, Coral Bay WA 6701

Coral Bay Investments Pty Ltd ATF the Coral Bay Investment Trust

Nil

PLANNING AND DEVELOPMENT

Planning and Development Act (Local Planning Schemes) Regulations 2015 Schedule 2 Clause 68 Applications to use/develop land

File Ref: Applicati

on Ref:

Subject Land (Incl. Scheme No)

Purpose Applicant/ Proponent

Date Granted

A4024 P27/18 LOT 6 SAILFISH DRIVE CORAL BAY WA 6701

REMEDIATION AND EXTENSION OF EXISTING DECK

JULIE ANNE LAX 16/07/2018


A3577 P29/18 LOT 13 (HN 20) ROBINSON ST CORAL BAY WA 6701

REPLACEMENT OF CAMPERS KITCHEN AND RECREATION FACILITY

ALLERDING & ASSOCIATES

13/07/2018

A3958 P10/18 LOT 78 (HN 78) SHALLCROSS ST EAST CARNARVON WA 6701

TRANSPORTABLE PRIVATE DWELLING

TERI ANN TONKIN

02/07/2018

A3979 P15/18 LOT 9500 (HN 67) ROBINSON ST CORAL BAY WA 6701

EMERGENCY OVERFLOW CAMPING AREA

CORAL BAY AMALGAMATED HOLDINGS PTY LTD

27/06/2018

A181 P25/18 LOT 604 (HN 44) CROWTHER ST SOUTH CARNARVON WA 6701

OUTBUILDING AND OUTDOOR LIVING AREA

COYNESTRUCT PTY LTD

02/07/2018

BUILDING

Application No.

Owners Name Lot & Street Type of Building Work

B18/028 CARNARVON LOTTERIES HOUSE INC & SHIRE OF CARNARVON

LOT 10 OLIVIA TCE & LOT 189 CAMEL LANE CARNARVON

PATIO

B18/033 HORIZON POWER CARNARVON LOT 53 WILLESEE ST MORGANTOWN

FRONT FENCE

B18/035 JUDITH BAMFORD LOT 12 JAMES ST CARNARVON

FRONT FENCE

B18/036 MARK AARON & TRACY LEE GLOVER

LOT 92 MORGAN WAY MORGANTOWN

FENCE

STATUS REPORT

SHIRE OF CARNARVON STATUS REPORT

CURRENT AS AT JULY 2018

MINUTE REF

DETAIL RESPONSIBLE OFFICER

STATUS ANTICIPATED COMPLETION DATE

27/11/15 Proposed Engagement – Work for the Dole Program

Mark Dacombe Officers are meeting with ABC Group on a regular basis to identify and progress specific projects. MOU being prepared to transfer responsibility for the Arboretum from the Tree Society to the ABC Foundation.

Arboretum MOU to be submitted to the August OCM

5/4/16 Regional Waste Infrastructure Project

David Nielsen Demountable 95% completed. Sheds 95% completed. Generators and electricals 95% completed. Shipping

Final completion August 2018


container covered area commenced.

21/4/16 Partial Closure Bush Bay New Beach Roads

Dave Nielsen No change. Road closure is completed. Ongoing issues associated with licence conditions particularly fencing.

Ongoing

SCM 1/8/16

Gascoyne Memorial Foundation – Access Arrangements for ILUs

Paul Lees Relates to existing access arrangements over Shire land. The matter is on hold pending discussions with the GMF regarding future ownership.

Ongoing

16/8/16 Proposed Carnarvon District Water Management Strategy – Outcomes Report

Paul Lees The Outcomes Report has been finalized by the project consultant. Work is commencing on the technical components of the project which is planned to be completed by October 2018 to inform the new Local Planning Scheme.

October 2018

17/8/16 Proposed Civic Precinct Revitalization Project – Scheme Amend. No. 74.

Paul Lees

A draft outcomes report was prepared in Dec 2016. TPI, agent for LandCorp, acting on behalf of the State has lodged a Scheme Amendment to rezone the land on the corner of Robinson Street and Olivia Terrace to a ‘Commercial’ zone. Council resolved, at the ordinary meeting of Council in April 2018, to amend Local Planning Scheme No. 10 as proposed in the amendment application.

Ongoing

20/8/16 Public Open Space Strategy

Paul Lees The Public Open Space Strategy has been finalised. Some of the key findings of the document have been included in the face to face community consultation. The strategy for more widespread consultation is currently being considered.

Ongoing


11/9/16 Carnarvon Community College – Carpark Deed of Agreement

Paul Lees The draft Deed of Agreement has been reviewed, and the Shire’s response has been forwarded to the Dept. of Education who have provided an amended MOU document for review. It is proposed to have the Deed signed by mid to late 2018.

Aug 2018

16/9/16 The proposed draft Waste Local Law was presented to Council in September 2016 and requires a review and agency referral prior to resubmitting the final to Council.

Paul Lees Dane Wallace

Officers are currently developing a plan for the review of the Shire’s Local Laws. Consultation with relevant Government departments will be undertaken as part of the overall review process.

Dec 2018

14/10/16 Local Government Property & Public Places Local Law

Paul Lees A workshop with key staff was undertaken. A project plan to complete the review will be prepared in 2018.

Dec 2018

23/12/16 Notice of Removal of Houses – Lot 259, 1065 NRR

Dane Wallace The owner has been prosecuted and convicted for failing to remove the houses, which remain on site. The Shire is currently considering the options outlined by the Shire’s solicitor.

Ongoing

17/6/17 Removal of Houses Unfit for Occupation – Lot 39,47 Shallcross Street

Dane Wallace The Shire has declared two (2) houses unfit for habitation, and ordered one house to be removed. House demolition has been completed, and the clean-up process initiated. The occupant has refused to cease habitation of the shed. Shire officers will be assessing the general condition of the property, including the remains of a fire (mostly metal objects that did not burn) and obtaining further legal advice.

Ongoing

4/3/17 Regional Growth Centre Development Planning – MOU

Mark Dacombe MOU signed and submitted. A draft project plan has been submitted to DRD but the Growth

On hold


Planning Project is on hold pending a decision by the Minister on how the Government wishes to move forward. The current major Strategic Review will address issues of economic activity and growth.

14/3/17 Signage – Heritage Walking Trail

David Nielsen No Change. Signage installation commenced. Completion delayed until July.

July 2018

13/5/17 Lease Renewal – Shine Aviation

Carolien Claassens

The lease document has been forward to the Lessee for signing.

July 2018

9/9/17 Revocation of Motion – Carnarvon Heritage Old Tramway Lease

Carolien Claassens

The Heritage Group has provided a Project Brief of the Revitalisation of the One Mile Jetty to the Carnarvon Town Tramway. The brief provided requires more work to in order for it to support an application for a new lease.

Timing is in the hands of the Heritage Committee

12/9/17 Waiver of Hire Fees – Carnarvon Choose Life Suicide Prevention Network

Deborah Wilkes/Nadine Brown

Invoice for payment still not received despite repeated requests.

August 2018

16/9/17 Local Planning Scheme No.13

Paul Lees The Shire’s consultant is making good progress on the project as per the project plan. A workshop to brief the Council is proposed to be held on 20 September 2018.

April 2019

16/11/17 Carnarvon Revitalisation Project – Allocation of Earned Interest

Carolien Claassens

Further consideration to be given to the use of the interest. A/CEO suggests that the funds be applied to cathodic protection works of the steel wall. Matter with the Department of Primary Industries and Regional Development for determination.

August 2018

17/11/17 CLGF Individual Projects – Allocation of Earned Interest

Carolien Claassens

A request has been send to Department of Primary Industries and Regional Development for the expenditure of interest.

August 2018


We are awaiting a response.

23/11/17 Baxter Park Spray Park Paul Lees David Nielsen

No change. Audit completed. Report pending Information to be presented to the Council.

August 2018

24/11/17 Bayview Coral Bay – Local Structure Plan

Paul Lees Council has agreed to Bayview Coral Bay Pty Ltd revising the Bayview Coral Bay Masterplan 2007 to align with the requirements of the Deemed Provisions for a Local Development Plan (LDP). WAPC supports the land owner preparing a LDP over its subject land. The applicant’s agent has been notified.

Timing is with the land owner Bayview Coral Bay Pty Ltd.

10/1/18 Proposed Transfer of Management Order – CWA Lot 353

Deb Wilkes Department of Planning, Lands and Heritage has been advised of the Council decision and has provided advice on how to proceed.

August 2018

8/2/18 Closure of PAW – Lot 302 Wheelock Way

Paul Lees Council has resolved that the Shire proceed with the process for the closure of the pedestrian accessway as outlined in the WAPC guideline, and the consideration of a budget item in the 2018/19 budget process relating to alternative path infrastructure within Hutchinson Park. The Shire has agreed with the closure process and a report is being prepared for consideration by the WAPC.

August 2018

16/2/18 Application for Exemption – Keeping of 6 Dogs at 95 Boor Street, Kingsford

Paul Lees/Kristy Chattaway

Council, at the ordinary meeting of 27 February 2018 resolved to refuse the Development Application for the keeping of six (6) dogs on the property. The applicant appealed the decision at SAT and later withdrew the appeal. The applicant has had

Ongoing


discussions with Shire officers about the requirements for the establishment of a temporary kennel operation, and has advised that they are considering lodging a Scheme amendment to allow kennel use at their residential property.

4/4/18 Arboretum – MOU Mark Dacombe This matter was held over to enable further consultation with the Tree Society and ABC Foundation.

July 2018

9/4/18 Financial Support – Growers Markets

Deb Wilkes Grant authorised by the Council

Completed

5/5/18 Major Strategic Review – Draft Plan for Consultation

Mark Dacombe Report to Council on final step in the process and recommendation to adopt the Strategic Community Plan

Plan adopted 26 June 2018

6/5/18 CEO Position Recruitment

Mark Dacombe Special Council held on 24th May and process formalized. Applications now closed and short-listing is being progressed.

Ongoing

11/5/18 Early Rates Payment Incentive Prize

Deb Wilkes Fliers designed. Prizes confirmed. Draw will take place after closing date for early rates payment

August 2018

12/5/18 Renewal of Lease – Hangar 140

Carolien Claassens

First draft of lease has been provided by solicitor. After internal review the Lessee will be requested to approve the lease. After approval the lease can be signed and executed.

September 2018

13/5/18 Renewal of Lease – Hangar 139

Carolien Claassens

First draft of lease has been provided by solicitor. After internal review the Lessee will be requested to approve the lease. After approval the lease can be signed and executed.

September 2018

14/5/18 Purchase of Buses with Lotterywest Grant

Deborah Wilkes Specifications almost complete. Buses to be ordered at end of July 2018

August 2018

17/5/18 NAIDOC Committee – Waiver of Fees

Deb Wilkes Fee waiver approved by the Council

Completed


18/5/18 Scheme Amdt 76 – LPS No. 10

Paul Lees Council at its ordinary meeting of 22 May 2018 resolved to amend DZS No. 11 as per the officer’s recommendation. The report has been referred to the DPLH/WAPC and the EPA as required by the Act/Regulations. The WAPC has approved the Scheme amendment. The gazettal of the Scheme is now required.

The timing of the completion of the gazettal is with the relevant State agencies.

19/5/18 Scheme Amdt 13 – DZS 11

Paul Lees Council at its ordinary meeting of 22 May 2018 resolved to amend LPS No. 10 as per the officer’s recommendation. The report has been referred to the DPLH/WAPC and the EPA as required by the Act/Regulations.

The timing of the completion of the amendment is with the relevant State agencies.

5/6/18 Major Strategic Review – SCP for Adoption

Mark Dacombe Strategic Community Plan has been adopted

10/6/18 Library & Gallery – New Policy

Cheryl Weston New Policy adopted by the Council

Completed

11/6/18 Winning Bush Gymkhana – Request for Financial Support

Nadine Brown Deb Wilkes

Waiting to receive invoice August 2018

12/6/18 Carnarvon Bowling Club – Request for Financial Support


Waiting to receive invoice August 2018

13/6/18 Gascoyne Food Festival – Request for Financial Support


Grant approved by the Council

Completed

14/6/18 2018 Extraordinary Election – Gascoyne Minilya Ward

Deb Wilkes Underway. Timetable provided by WAEC

14 September 2018

15/6/18 Mobile Food Business – Sea Shanty

Paul Lees Council, at the ordinary meeting of 26 June 2018 resolved to approve the Development Application (DA) for a Mobile Food Business – Sea Shanty.

The development approval has been provided and the applicant advised of conditions relating to approval.

16/6/18 Home Occ. – 17 National Lifestyle Village Coral Bay

Paul Lees Council, at the ordinary meeting of 26 June 2018 resolved to approve the Development Application (DA) for Home Occ. – 17 National Lifestyle Village Coral Bay

The development approval has been provided and applicant advised of the conditions relating to the approval.


17/6/18 PAW Closure – Wheelock Way

Paul Lees Council, at the ordinary meeting of 26 June 2018 resolved to approve the PAW Closure of Wheelock Way. A report is being prepared for consideration by WAPC.

Ongoing.

18/6/18 Front Fence Craig Street

Paul Lees Sian Young

Council, at the ordinary meeting of 26 June 2018 resolved to approve the Development Application (DA) for the development of a front fence at 2 Craig Street.

The development approval has been provided and the applicant advised of conditions relating to approval.

19/6/18 Shed and Caravan Shelter

Paul Lees Sian Young

Council, at the ordinary meeting of 26 June 2018 resolved to approve the Development Application (DA) for the development of the shed and caravan shelter.

The development approval has been provided and the applicant advised of the conditions relating to the approval.

20/6/18 Lotteries House – Boundary Realignment

Paul Lees Council, at the ordinary meeting of 26 June 2018 resolved to approve the Lotteries House Boundary Realignment; and to waive the fees relating to the DA. Council also resolved to support the re-alignment of the boundary to accommodate the extension of Lotteries House; to amalgamate Lots 111, 189 and 190; and requires Shire officers to facilitate the subdivision/ amalgamation process; the Shire will meet all costs associated with subdivision.

Ongoing

25/6/18 Sundry Debtors Write Offs

Deb Wilkes Kristy Smith

Recommendation to write off debts has been adopted by the Council

Completed

26/6/18 Rates Write Off Deb Wilkes Cheryl Walton

Recommendation to write off rates has been adopted by the Council

Completed

27/6/18 REX Partnership Agreement

Carolien Claassens

The 5 year partnership agreement has been signed and executed by

Completed


both parties

28/6/18 Execution Grant Funding Agreements

Carolien Claassens

The Shire has received all funding agreements. Beside the Funding from RADS (DoT) for the upgrade of the Coral Bay Airstrip all funding agreements have been signed and executed by both parties

Completed

OFFICER’S RECOMMENDATION That Council accept the Status Meeting Report and reports outlining the actions performed under delegated authority for the months June/July 2018.


8.1.2 2018 LOCAL GOVERNMENT CONVENTION - ATTENDANCE File No: 1B0201 Date of Meeting: 24th July 2018 Location/Address: Perth Convention Centre Name of Applicant: President Brandenburg

Mark Dacombe – Acting Chief Executive Officer Name of Owner: N/A Author/s: Dannielle Hill – Senior Executive Officer Declaration of Interest: Nil Voting Requirements: Simple Majority Previous Report: Nil

Summary of Item: To advise Council of the upcoming 2018 Local Government Convention to be held in Perth from Wednesday 1st August to Friday 3 August 2018. Description of Proposal: To seek Council endorsement for both the Acting Chief Executive Officer Mr Mark Dacombe and the Shire President Cr Karl Brandenburg to attend the 2018 Local Government Convention from Wednesday 1st August to Friday 3 August 2018. Background: The WA Local Government Convention is held each year in August at the Perth Convention and Exhibition Centre with this year’s dates being Wednesday 1st to Friday 3 August 2018. The theme of this year’s convention is “Ready and Relevant” with the program encouraging delegates to reflect on where we are as a sector and plan for the challenges ahead. Guest speakers will include Anh Do, Dr Geoff Raby (Former Ambassador to China), Mark McCrindle (Research Based Futurist), Billie Jordan (Founder of the Hip Op-eration Crew, Paul Huschilt (Canadian speaker); Other speakers include Mark Latham, Jacqui Lambie and Liam Bartlett. The Convention Sessions assist, support and inform Mayors, Presidents and Elected Members and CEO’s on current issues facing Local Government. It also provides valuable networking opportunities for those who attend including the Opening Welcome Reception, Gala Dinner and informative plenary sessions to choose from. The Convention also incorporates a Trade Exhibition with a significant number of industry suppliers showcasing their products specifically focused on the Local Government Sector. Consultation: Elected Members were given the opportunity to register for the Conference with only two interests being received, that being from the Shire President and Acting CEO Statutory Environment: Nil Relevant Plans and Policy: Policy E010 – Conference & Meeting Attendance by Elected Members Policy E011 – Councillor/Senior Staff Training Financial Implications: The Conference Registration cost for a full delegate is $1,475 per delegate and includes the Welcome Reception and chosen plenary sessions over the 2 days. Registration fees, along with accommodation and return airfares has been budgeted for in the 2018/2019 Draft Budget (COA 0212 and 1192). To be noted that


the Acting CEO will not require accommodation. Risk Assessment: There is no risk associated with attending the Convention. Community & Strategic Objectives:

Goal 5: Civic Strong and listening Council.


5.5.1 All staff are provided with adequate training and equipment to undertake their role, including

cultural awareness training

5.6.1 The Shire develops partnerships with government and non-government organisations to achieve

positive outcomes for the region

Comment: In previous years, Elected Members and Senior Management have attended the WA Local Government Convention with those who attended providing positive feedback. To this end, it would be advantageous for both the Shire President and the Acting CEO to attend not only for the networking opportunities but to be kept informed on the latest issues facing local government. As the deadline for registering on-line for the Convention was Tuesday 3 July 2018, both the Acting CEO and Shire President have been registered for the conference and therefore Council endorsement is now being sought for their attendance. OFFICER’S RECOMMENDATION That –

1. Council endorse the attendance by the Shire President and the Acting CEO at the 2018 Local Government Convention to be held from 1st to 3rd August 2018 in Perth.

2. A summary of the Convention be provided to Council by the Shire President and Acting CEO having attended, on the conference deliverables and the relevant benefit to the Shire, in accordance with Policy E010.


8.2.1 ACCOUNTS FOR PAYMENT 30 June 2018 File No: 2F0504 Date of Meeting: 24 July 2018 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Genevieve Burnett – Creditors Officer Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: To present the listing of accounts paid from the Municipal Fund and Trust Fund in accordance with the requirements of the Local Government (Financial Management) Regulations 1996. Description of Proposal: N/A Background: Council has previously delegated to the CEO the exercise of its power under Financial Management Regulation 12 to make payments from Municipal Fund and Trust Fund. Consultation: Nil Statutory Environment: Local Government Act 1995 – Section 5.42 Local Government (Financial Management) Regulations 1996 – Regulations 12 and 13 Relevant Plans and Policy: All accounts are paid as per the Shire of Carnarvon’s 2017/18 Budget. Financial Implications: Ongoing management of Council funds by providing Council with sufficient information to monitor and review payments made. Community & Strategic Objectives:



5.2.1 Robust decision-making by culturally aware, well-informed and supported Councillors

5.2.3 Risks are well managed

5.2.6 Compliance with the Local Government Act 1995 and all other relevant legislation and

regulations

5.4 Sound financial and asset management

5.4.4 Financial transactions are accurate and timely


Comment: Accounts paid to 30 June 2018 are listed in Schedules 8.2.1.(a) and 8.2.1.(b) OFFICER’S RECOMMENDATION That Council a) Receive the list of payments, as per schedule 8.2.1 (a) totaling $3,414,570.42 as presented for the

month of June 2018 incorporating;

Payment Reference from: Payment Reference to: Payment Type Payment Amount

DD34973 DD35040 Bank Direct $ 75,301.69

46769 46787 Muni Cheques $65,796.56

7349 7354 Trust Cheques $4,148.62

EFT24863 EFT25453 Muni EFT $3,244,303.78

EFT24970 EFT25169 Trust EFT $25,019.77

b) Receive the list of credit card payments, as per schedule 8.2.1 (b), totalling $2,677.23 as presented c) Note Sundry Creditors as at 30 June 2018 $1,131,175.14


8.2.2 FINANCIAL ACTIVITY STATEMENT 30 JUNE 2018 File No: 2F0513 Date of Meeting: 24 July 2018 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Sa Toomalatai, Manager Finance Declaration of Interest: Nil Voting Requirements: Officer Recommendation - Simple Majority

Summary of Item: In accordance with Regulation 34 of the Local Government (Financial Management) Regulations, the Shire Administration is required to prepare a monthly Statement of Financial Activity for approval by Council. Description of Proposal: N/A Background: The Statement of Financial Activity was introduced by the Department of Local Government from 1 July 2005. This change was implemented to provide elected members with information about operating and capital revenues and expenditures. It was also intended to link operating results with balance sheet items, and reconcile with the end of month balances. Consultation: Nil Statutory Environment: Local Government (Financial Management) Regulation 34 (1). 34. Financial activity statement required each month (Act s. 6.4) (1A) In this regulation — committed assets means revenue unspent but set aside under the annual budget for a specific

purpose. (1) A local government is to prepare each month a statement of financial activity reporting on the

revenue and expenditure, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail —

(a) annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1)(b) or (c); and

(b) budget estimates to the end of the month to which the statement relates; and (c) actual amounts of expenditure, revenue and income to the end of the month to which the

statement relates; and (d) material variances between the comparable amounts referred to in paragraphs (b) and (c);

and (e) the net current assets at the end of the month to which the statement relates. (2) Each statement of financial activity is to be accompanied by documents containing — (a) an explanation of the composition of the net current assets of the month to which the

statement relates, less committed assets and restricted assets; and (b) an explanation of each of the material variances referred to in subregulation (1)(d); and (c) such other supporting information as is considered relevant by the local government. (3) The information in a statement of financial activity may be shown — (a) according to nature and type classification; or (b) by program; or


(c) by business unit. (4) A statement of financial activity, and the accompanying documents referred to in sub

regulation (2), are to be — (a) presented at an ordinary meeting of the council within 2 months after the end of the

month to which the statement relates; and (b) recorded in the minutes of the meeting at which it is presented.

(5) Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the AAS, to be used in statements of financial activity for reporting material variances.

Relevant Plans and Policy: Nil. Financial Implications: Nil. Risk Assessment: Council would be contravening the Local Government Act should these statements not be received. Community & Strategic Objectives:





5.2.6 Compliance with the Local Government Act 1995 and all other relevant legislation and

regulations



Comment: Attached as Schedule 8.2.2(a) for consideration is the completed Statement of Financial Activity for the period ended 30 June 2018. In accordance with the Local Government (Financial Management) Regulations, a report must be compiled on variances greater than the percentage agreed by Council which is currently plus (+) or minus (-) of 10%, or $10,000, whichever is the higher. OFFICER’S RECOMMENDATION 1 That Council, in accordance with Regulation 34 of the Local Government (Financial Management) Regulations 1996, receive the Statement of Financial Activity for the period ended 30 June 2018 as per Schedule 8.2.2.


8.2.3 INVESTMENTS AS AT 30 JUNE 2018 File No: 2F0502 Date of Meeting: 24 July 2018 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Jodie Anderson, Senior Finance Officer Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: To seek Council’s endorsement of surplus funds invested to 30 June 2018. Description of Proposal: N/A Background: Nil. Consultation: Takes place with Financial institutions prior to renewal of investments. Statutory Environment: Section 6.14 of the Local Government Act 1995 grants Council the power to invest surplus funds. Relevant Plans and Policy: The investment report is produced in accordance with Council’s investment policy. Financial Implications: Nil. Risk Assessment: No risk identified. Community & Strategic Objectives:





5.2.6 Compliance with the Local Government Act 1995 and all other relevant legislation

and regulations



Comment:


The attached monthly report on investments (Schedule 8.2.3) has been compiled in accordance with the reporting framework included as part of Council’s investment policy. OFFICER’S RECOMMENDATION That Council receive the investments report, as at 30 June 2018 as per Schedule 8.2.3


8.3.1 SHIRE OF CARNARVON LOCAL PLANNING SCHEME NO. 10 – AMENDMENT NO 74

File No: 4D1073; A955; P67/17 Date of Meeting: 24 July 2018 Location/Address: Lot 36 D56640 (161) North River Road, North Plantations Name of Applicant: Catalyst ONE Pty Limited Name of Owner Ante Durmanich Author/s: Sian Young Planning Officer Declaration of Interest: Nil Voting Requirements: Absolute Majority Date of Previous Report: N/A

Summary of Item: On 25 May 2018 Catalyst ONE Pty Ltd acting on behalf of Mr. Ante Durmanich, the landowner of Lot 36 (161) North River Road, North Plantations, lodged a Scheme amendment with the Shire of Carnarvon. Shire officers requested clarity on several matters, and in respond the consultants revised the amendment documentation and provided a revised amendment on 26 June 2018. This report presents to Council for consideration proposed ‘standard’ Scheme Amendment No. 74 to Local Planning Scheme No. 10 which requests the following:

- Rezoning of a portion of Lot 36 (161) North River Road, North Plantations from Intensive Horticulture zone to Radio/ Television Installation Zone.

- The modification of Appendix No. VI – Schedule of Additional Uses to include the following:

Property Description Zone Classification Additional Uses Special Conditions

A5 Portion of Lot 36 on Diagram 56640 (161) North River Road, North Plantations.

Intensive Horticulture

The following uses are “SA” uses: Radio/ Television Installation.

- and, the amendment of the Scheme maps to reflect the above zoning change.

Description of Proposal: Lot 36 Diagram 56640, North River Road, North Plantations has an area of 14.12ha and is zoned ‘Intensive Horticulture’. The site is located approximately 12km north-east of the Carnarvon town centre. The subject site is 5,335 m2 in area as highlighted in Figure 1 below. The horticultural block is adjacent to the Gascoyne River at its south-east boundary, and fronts Durmanich Road to the north-east. In summary, the proponent is proposing a Scheme amendment to rezone a portion of Lot 36 from ‘Intensive Horticulture’ to ‘Radio/Television Installation’ as an ‘SA’ use in order to allow for development of the site for telecommunications infrastructure. It should be noted that ‘SA’ means that the Local Government may, at its discretion, permit the use after notice of the application has been given in accordance with Clause 64 of the deemed provisions. The revised Scheme amendment application can be found at Schedule 8.3.1(a).


Figure 1: Subject Site

The proponent identifies Amendment No. 74 as being a ‘standard amendment’ and requests that Council classify it as such pursuant to Regulations 34(c), given that it:

• Does not meet the test for basic or complex amendment under the Planning and Development (Local Planning Schemes) Regulations 2015.

• is an amendment that is generally consistent with the objectives of the relevant zone;

• is generally consistent with the sub-regional and local planning framework;

• will have minimal impact on land in the Scheme not subject to this amendment; and

• does not result in any significant environmental, social, economic or governance impacts on land in the Scheme area.

This report recommends that the Shire resolve to adopt the amendment, and that the amendment is considered by Council to be a ‘standard’ Scheme amendment. Background: The proponent Catalyst ONE Pty Ltd acts on behalf of the landowner of Lot 36 (161) North River Road, North Plantations. The landowner has been approached by Optus to lease a portion of Lot 36 for the purposes of constructing a telecommunications facility. Table 1 – Zoning Table lists ‘Radio/ Television Installation’ as an ‘X’ use within the ‘Intensive Horticulture’ zone; “X” identifying uses that are not permitted under the Scheme. The purpose of this amendment is to allow for ‘Radio/ Television Installation’ as an additional use for the area identified on Lot 36 (161) North River Road, North Plantations. The proponent argues that by allowing ‘Radio/ Television Installation’ as an ‘SA’ use on a portion of the site, carriers will be able to lodge a Development Application with the Shire to establish important telecommunications infrastructure which will support the wider plantation areas. Future development is typically proposed to be a tower with a height of 45m. Telecommunications towers are generally located within an enclosed compound; the proponent has indicated that the proposed Scheme amendment area will be sufficient to accommodate the tower structure and ancillary ground infrastructure, as well as providing for vehicle access. The proposed scheme amendment area is located within a mapped Bushfire Prone Area. State Planning Policy No. 3.7 (SPP 3.7) and the Guidelines outline the requirements for a Bushfire Attack Level (BAL) assessments. In Clause 5.8.4 of the Guidelines a non-habitable building does not require a BAL assessment. Furthermore, Clause 5.7 of the Guidelines refers to telecommunications facilities as ‘unavoidable development’, where full compliance with SPP 3.7 would be unreasonable. Therefore, any future development would not require a BAL assessment. Ordinary Council Meeting Agenda 24th July 2018 25

Consultation: The scheme amendment proposal, once initiated, will be forwarded to the Environmental Protection Authority (EPA) in accordance with s. 81 of the Planning and Development Act 2005. The application is then required to be advertised for a period of 42 days. As soon as practical at the end of the consideration period the local government must pass a resolution to:

• support the amendment without modification;

• support the amendment with proposed modifications; or

• to not support the proposed amendment. Within 21 days of resolution the amendment must be submitted to the Western Australian Planning Commission (WAPC). Statutory Environment: Planning and Development (Local Planning Schemes) Regulations 2015 The Scheme amendment is required to be prepared pursuant to Section 75 of the Planning and Development Act 2005, with the process to amend the scheme enacted under the Planning and Development (Local Planning Schemes Regulations) 2015. Shire of Carnarvon Town Planning Scheme No. 10 Scheme No. 10 provides the statutory framework for the planned future development of land within Carnarvon. “ Table 1 – Zoning Table” identifies ‘Radio/Television Installation’ as an ‘x’ use within the ‘Intensive Horticulture zone’. The current scheme does not identify further requirements for ‘Radio/ Television Installation’. State Planning Policy 5.2 - Telecommunications Infrastructure The policy aims to balance the need for effective telecommunications services with the community interest in protecting the visual character of local areas. The policy objectives include:

a) facilitate the provision of telecommunications infrastructure in an efficient and environmentally responsible manner to meet community needs;

b) manage the environmental, cultural heritage, visual and social impacts of telecommunications infrastructure;

c) ensure that telecommunications infrastructure is included in relevant planning processes as essential infrastructure for business, personal and emergency reasons; and,

d) promote a consistent approach in the preparation, assessment and determination of planning decisions for telecommunications infrastructure.

Under cl 6.1 Local planning schemes and local planning policies, when preparing or reviewing local planning schemes of local planning policies, local governments should ensure that:

b) Telecommunications infrastructure is not designated as an ‘use not permitted’ (X) by the scheme in any zone in the zoning table.

When considering development applications for telecommunications, the policy guides the decision maker when assessing applications. It should be noted that while Local Planning Scheme No. 10 has been amended to reflect the requirements of the ‘deemed provisions’, the underlying policy within the Scheme predates State Planning Policy 5.2 - Telecommunications Infrastructure. State Planning Policy 2.5 – Rural Planning The purpose of this policy is to preserve rural land assets in the State. The policy objectives relative to this application include:

a) support existing, expanded and future primary production through the protection of rural land, particularly priority agricultural land and land required for animal premises and/or the production of food;


b) provide investment security for existing, expanded and future primary production and promote economic growth and regional development on rural land for rural land uses;

e) avoid and minimise land use conflicts; f) promote sustainable settlement in, and adjacent to, existing urban areas; and g) protect and sustainably manage environmental, landscape and water resource assets.

The policy measures seek to protect and preserve rural land for rural productive purposes. At face value Policy 2.5 and Policy 5.2 appear to be inconsistent with each other, however it is recognized that telecommunications facilities do not generally result in the “sterilization” of significant areas of land, as grazing often occurs within the base station area. In this instance the proposal does not designate a significant area of land for removal from cropping when considering the overall land productive area. That said, ‘Clause 5.8 Intensive Agriculture’ identifies Carnarvon as one of several localities within the State that are important contributors to the State’s economy by way of intensive agricultural products being sold to domestic and export markets. The policy regarding intensive agriculture states that sites of State significance should be protected from encroachment, and intensive agriculture is generally supported and encouraged on rural land; and environmental impacts are to be effectively managed. It is therefore an important consideration that telecommunications facilities within plantation areas do not result in the loss of significant areas of cropable land. However, as noted above Under cl 6.1 Local planning schemes and local planning policies, when preparing or reviewing local planning schemes of local planning policies, local governments should ensure that:

c) Telecommunications infrastructure is not designated as an ‘use not permitted’ (X) by the scheme in any zone in the zoning table.

Therefore, Local Planning Scheme No. 13 when finalized will not include the new definition for mobile telecommunications as an ‘x’ use within the ‘Intensive Horticulture’ zone. In summary, in this instance the area lost to crop production is relatively small and contains a number of non-productive uses including water tanks, sheds and associated cropping infrastructure. Both important objectives of both the above policies are considered to have been met. Relevant Plans and Policy: Shire of Carnarvon Policy Statement No. 1 – Intensive Horticulture & Plantations The policy encompasses all land within the Intensive Horticulture Zone. The policy objective aims to preserve and maintain land within the horticulture zone: ‘To preserve and maintain the effected land as viable units for horticulture and plantation which will include resistance, by recommendation for refusal, to proposals for subdivision and refusal of any land use or development proposals which would operate in conflict with this objective’. This policy must be considered in the context of the above State Planning Policies and associated discussion as outlined above. Financial Implications: The proponent has paid the appropriate fee for the lodgment of the Scheme amendment that will cover costs associated with staff time. There are no other financial implications associated with the proposal. Risk Assessment: There are no risks associated with the proposed Scheme amendment, and the proposed amendment is not

inconsistent with the proposed policies of Local Planning Scheme 13 which is currently being developed.

Strategic Implications: The request to amend Local Planning Scheme No. 10 also generally accords with the following Shire desired outcome as expressed in the Strategic Community Plan 2018 – 2028.


Goal 2: A SUSTNABLE NATURAL AND BUILT ENVIRONMENT THAT MEETS CURRENT AND

FUTURE COMMUNITY NEEDS

Outcome 2.7 Regulated land use to meet the current and future needs of the community

2.7.1 Incorporate appropriate planning controls for land use planning and development.

2.7.2 Adopt appropriate land use planning and building regulation practices.

Voting Requirements Simple majority Comment: In summary, Amendment no. 74 proposes to modify appendix No. VI – Schedule of Additional Uses to include a Portion of Lot 36 on Diagram 56640 (161) North River Road, North Plantations for the use of ‘Radio/ Television Installation’ as an ‘SA’ use. OFFICER’S RECOMMENDATION That Council resolve: 1. Pursuant to Section 75 of the Planning and Development Act 2005 initiate the amendment of Shire of

Carnarvon Local Planning Scheme No. 10 by: a. Rezoning a portion of Lot 36 (161) North River Road, North Plantations from Intensive

Horticulture zone to Radio/ Television Installation zone; b. Amending Appendix No. VI – Schedule of Additional Uses by inserting the following:

Property Description Zone Classification Additional Uses Special Conditions

A5 Portion of Lot 36 on Diagram 56640 (161) North River Road, North Plantations.

Intensive Horticulture

The following uses are “SA” uses: Radio/ Television Installation.

N/A

c. Amending the scheme maps accordingly.

2. Resolve, pursuant to Regulation 35(1) of the Planning and Development (Local Planning Schemes) Regulations 2015, that the Local Planning Scheme Amendment No. 74 is a standard scheme amendment in accordance with Regulation 34.

3. Authorise the affixing of the Common Seal to and endorse the signing of the amendment documentation 4. Pursuant to Regulation 37(2) of the regulations, forward the proposal to the Western Australian

Planning Commission 5. Pursuant to Section 81 and 82 of the Planning and Development Act 2005, refer Local Planning Scheme

No. 10 Amendment No. 74 to the Environmental Protection Authority. 6. Pursuant to Regulation 47 of the Regulations, give public notice with a public submission period of not

less than 42 days. 7. Pursuant to Regulation 41(3) of the regulations, return the proposal to Council for final consideration to

support, modify or not support Local Planning Scheme Amendment No. 74.


8.3.2 SHIRE OF CARNARVON LOCAL PLANNING SCHEME NO. 10 – SCHEME AMENDMENT NO. 73 File No: 4D1073 Date of Meeting: 24 July 2018 Location/Address: Lot 324 Egan Street, Carnarvon Name of Applicant: Veris on behalf of LandCorp Name of Owner: LandCorp Author/s: Sian Young Planning Officer Declaration of Interest: Nil Voting Requirements: Absolute Majority Previous Report: 19 December 2017 – Item 8.3.1

Summary of Item: This report relates to a proposed ‘standard’ Scheme amendment on Lot 324 Egan Street (portion of Lot 1322 Reserve 33246 Egan Street) to change the zoning of the land from ‘Public Purposes – School Site’ to a ‘Commercial’ zone. Council previously resolved to adopt the amendment at the Ordinary Meeting of Council of 19 December 2017. The purpose of this report is for Council to consider the final adoption of the proposed Scheme Amendment; this is a statutory requirement after the referral of the proposed amendment to the Environmental Protection Authority and after public notification has been undertaken. This item therefore requests that Council adopt the Scheme amendment to:

- rezone a portion of Lot 324 Egan Street, Carnarvon from ‘Public Purposes – School Site’ to ‘Commercial’; and

- to amend the Scheme maps accordingly. Description of Proposal: The subject site is zoned ‘Public Purposes – School Site’ and reflects the historic use of the land by the Department of Education as a primary school. The subject land formed part of the Department of Education Carnarvon Primary School campus. A portion of the site is currently being leased by the Carnarvon School of the Air. Lot 324 is a redundant State government land asset which is proposed for disposal through the Land Asset Sales Programme (LASP) administered by the Department of Planning, Lands and Heritage, and LandCorp. The resolution to prepare the scheme amendment will allow for possible future commercial or mixed-use development on the site. Background: The Council initiated the proposal at its ordinary Council meeting of 19 December 2017. The Council item and resolution can be found at Schedule 8.3.2(a). Consultation: Following Council’s resolution to initiate the standard scheme amendment, the matter was referred to the Environmental Protection Authority (EPA) which is the required standard practice. The EPA was of the view that it was not necessary for the amendment to be assessed under Part IV Division 3 of the Environmental Protection Act 1986 (EP Act). The proposal was advertised on the Shire’s website and published in the Northern Guardian in accordance with Section 47 of the Planning and Development (Local Planning Schemes) Regulations 2015 with a period


of 42 days for comment. No comments were received as a result of this notification. The proposed amendment was also referred to the Department of Water and Environmental Regulation – receipt of amendment noted. A copy of the Schedule of Submissions can be found at Schedule 8.3.2(b). The Council is now required to ‘support’; ‘support subject to proposed modifications’, or ‘not support’ the proposed amendment. Statutory Environment: Shire of Carnarvon Local Planning Scheme No. 10 The Shire of Carnarvon Local Planning Scheme No. 10 provides the statutory framework for development of land within the townsite. The statutory framework for standard scheme amendments is as follows: Planning and Development Act 2005 Part 5 - Local Planning Schemes Division 4 - Advertisement and approval Section 87 - Approving and publicising scheme or amendment. Planning and Development Act (Local Planning Schemes) Regulations 2015 Part 5 - Amending Local Planning Scheme Division 3 - Process for standard amendments to local planning scheme Section 47 - Advertisement of standard amendment. Relevant Plans and Policy: There are no relevant policy provisions associated with the proposal; future developments will be assessed under the Local Planning Scheme No. 10. Financial Implications: As all costs associated with the proposed scheme amendment are covered by the proponent, there are no cost implications to the Shire. Risk Assessment: There are no risks associated with the proposed Scheme amendment. The proposed ‘Commercial’ zone will continue to allow for education uses on the subject land, in the event that is proposed. Community & Strategic Objectives: The request to amend Local Planning Scheme No. 10 also generally accords with the following Shire desired outcome as expressed in the Strategic Community Plan 2018 – 2028.

Goal 2: A SUSTAINABLE NATURAL AND BUILT ENVIRONMENT THAT MEETS CURRENT AND

FUTURE COMMUNITY NEEDS


2.7.1 Incorporate appropriate planning controls for land use planning and

development.

2.7.2 Adopt appropriate land use planning and building regulation practices.

Comment: In conclusion, the proposed Scheme amendment from ‘Public Purposes – School Site’ to ‘Commercial’ zoned land will provide opportunities for the redevelopment of Lot 1322 Eagan Street, Carnarvon for a range of commercial uses as outlined in the Council item of 19 December 2017.


OFFICER’S RECOMMENDATION It is recommended that Council:

1. Pursuant of Section 87 of the Planning and Development Act 2005, approve Shire of Carnarvon Local Planning Scheme No. 10 Amendment No. 73 by:

a. Rezone Lot 324 Egan Street, Carnarvon from ‘Public Purposes – School Site’ to ‘Commercial’.

b. Amend Scheme maps identifying Lot 324 Egan Street, Carnarvon as ‘Commercial’. 2. Resolve, pursuant to Regulation 35(2) of the Planning and Development (Local Planning Schemes)

Regulations 2015, that the Local Planning Scheme Amendment No. 73 is a standard scheme amendment in accordance with r. 34(c) of the Regulations.

3. Authorise the affixing of the common seal to, and endorse the signing of the amendment documentation, by the Shire President and the Chief Executive Officer.

4. Pursuant to r. 58 of the Regulations, provide Local Planning Scheme Amendment No. 73 to the Western Australian Planning Commission.


8.3.3 HOME EXTENSIONS - LOT 601 (3) YARDI QUAYS BROCKMAN File No: A3281, P19/18 Date of Meeting: 24 July 2018 Location/Address: Lot 601 (3) Yardi Quays Brockman Name of Applicant: Domenico and Heather Condo Name of Owner: Domenico and Heather Condo Author/s: Matthew Tallon, Planning Officer Declaration of Interest: Nil Voting Requirements: Simple Majority Previous Report: N/A

Summary of Item: This item relates to a Development Application for the redevelopment of an existing carport to garage, the development of a new alfresco dining area; and the development of a boat ramp and fascine retaining wall with fencing at Lot 601 (3) Yardi Quays Brockman. The application, see Schedule 8.3.3(a), is a “SA” use under Local Planning Scheme No. 10 (requires consultation) and therefore is required to be brought to Council for a decision.

Figure 1 - Subject land Description of Proposal: The subject land is zoned ‘Fascine Waterway Development’ under the Shire of Carnarvon Local Planning

Scheme No. 10.

This report requests that Council consider for approval a Development Application for the redevelopment

of an existing carport to a garage (outbuilding), the development of a new alfresco dining area, and the

development of a boat ramp and fascine retaining wall with associated fencing.

Under the State Planning Policy 3.1 Residential Design Codes (R-Codes) an ‘Outbuilding’ is described as ‘an

enclosed non-habitable structure that is detached from any dwelling.’ Figure 2 below illustrates the

location of the proposed redevelopment on the site (areas outlined in red and blue).


The rear alfresco dining area, boat ramp and retaining wall are subject to the development controls

outlined in the Northwater Carnarvon residential development and design standards stage 1.

Figure 2 - Development site plan (Schedule 8.3.3 (b))

Background: The applicant/owner has lodged with the Shire of Carnarvon a Development Application seeking approval for the residential works as described above. The application has been assessed against the provisions of the R-Codes and the Northwater Carnarvon residential development and design standards stage 1. The application was accompanied by a letter justifying the noncompliance with the guidelines and referring to existing examples of similar development along the Yardi Quays fascine frontage (refer to Schedule 8.3.3 (c)). The justification is summarized as:

• The garage wall is a maximum of 2m high at the lot boundary which is a similar height to the adjacent fencing;

• The adjacent property (7 Yardi Quays) has a garage built to the boundary in the front setback that is approximately 3m in height;

• The addition of some feature glass blocks in the proposed garage wall will improve the streetscape appearance;

• While the design guidelines state that point load structures should not be within the 9m waterfront boundary setback (and that only point load structures can be within the 14m–9m setback), it is noted that there are many waterfront properties within the Northwater Estate that have development to within 4m of the rear lot boundary;

• No. 1 Yardi Quays has a 2.4m high retaining wall located over the revetment wall. Note: A number of the matters discussed above are illustrated in the following photos:


Figure 3 - Lot boundary setback consideration

Figure 4 - no. 1 Yardi Quays retaining wall The planning officer agrees with the above justification and considers that the proposal may be approved as provided for in the following Scheme policy: Section 6.12.3 of Local Planning Scheme No. 10 states: “The Local Government may permit any dwelling or structure, including retaining wall, canal wall or fencing, building or outbuilding to be erected at any height above or below the stabilised surface level and any setback from the revetment canal frontage, provided that –

i) The Local Government is satisfied that there will be an improved architectural amenity resulting from a minimum setback distance between buildings and the canal frontage in the particular case;

ii) The Local Government is satisfied that the overall amenity and appearance of the canal frontage will be maintained or improved;

iii) A professional structural engineer provides certification as to the structural soundness of the proposed works (i.e. The Local Government is satisfied that no erosion or soil instability will result).”


Note: The matter of structural integrity must be addressed and it is recommended that the matter be addressed by including a condition requiring an engineering report to be lodged with the Shire at the time of lodgment of the building application.

Consultation: Section 4.1.2 of the R-Codes states that: “Where an application is made for development approval which presents:

(a) a proposal against one or more design principles of the R-Codes; and (b) a possible impact on the amenity of adjoining owners and occupiers;

then there may be grounds for the decision-maker to advertise the proposal to these owners and occupiers”. Section 4.6 of the Northwater Carnarvon Residential Development and Design Standards, Stage 1 states: “Retaining walls over one metre high on or adjoining neighbouring boundaries will require written consent of the adjoining neighbour in addition to Council approval”. Internal consultation Internal consultation has been undertaken with the Executive Manager Infrastructure Services. Mr. Nielsen has advised that an engineering report establishing how the earth batter is to be maintained and stabilised alongside the works encroaching onto the waterfront area will be required as a condition of this approval. Public consultation The application was advertised to the adjacent neighbours in accordance with the requirements of the Planning and Development (Local Planning Schemes) Regulations 2015 cl. 64. Submissions were received by both neighbouring owners supporting the application (refer to Schedule 8.3.3 (d)). As the subject land abuts the Fascine waterway, LandCorp was also consulted on the proposal. Mr. Tom Engelbrecht, Development Manager LandCorp has advised that he does not have any comments about the proposal as all development remains within the property boundary. Mr. Engelbrecht also advised that a license from LandCorp is required for the approval holder to launch a boat onto the Fascine waterway from the property. Statutory Environment: Planning and Development Act 2005 As defined under the Act, ‘development’ means the development or use of any land. The use of the land in this instance being the construction of structures relating to a residential development. As the deemed to comply requirements of the R-Codes are not satisfied , the proposal is not considered to be exempt from requiring approval under the Act. Shire of Carnarvon Local Planning Scheme No. 10 Lot 601 Yardi Quays is zoned “Fascine waterway development” in the Scheme, which treats compliance with the Northwater Residential Design Guidelines as if the development meets the R-Codes. In this case, the development is not compliant with the relevant sections of Guideline. Figure 5 below illustrates, through a long section the proposed retaining wall, ramp and outdoor dining area.


Figure 5 - Rear patio and retaining wall long section Any Relevant Local Policy Policy statement No. 15 – Outbuildings. An assessment was undertaken of the proposed carport to garage conversion under the ‘Outbuildings Policy Statement no. 15’. The design and dimensions are consistent with the policy but the side boundary setback was not deemed to comply with the policy. Given that the application was supported by the affected neighbor, there is considered to be no detrimental effect on the amenity enjoyed by the neighbor. (refer to Figure 6 below).

Figure 6 - Existing carport to garage conversion Any relevant State Planning Policy There are no State Planning Policies relevant to this proposal. Any relevant Guidelines/publications The Northwater Carnarvon Residential Development and Design Standards, Stage 1 Table 1 Assessment alongside NorthWater residential development and design standards, stage 1

NorthWater Carnarvon Residential Design Guidelines Stage 1 2.5.1 Revetment walls Waterway revetment walls (stone rip-rap) are integral to the structural stability of the subdivision, being designed to protect lots from tidal (including surge tide) conditions. The

As required by the Executive Manager Infrastructure Services, the replacement of the revetment wall (rockface) will require reinstatement at the cost of the landowner.


revetment walling sits completely within the residential lot boundary with its care and maintenance being the responsibility of the property owner. Alterations or modifications to revetment walls are not permitted. 2.5.2 Geotextile Fabric A Geotextile fabric earth stabilization system is installed as part of the revetment treatment. This is located behind the revetment wall extending up the sloping site (batter) and sites below the topsoil layer. This system requires that the slope be vegetated (grassed etc) to assist in the surface stabilization of the batter, being designed to protect the lot during surge tide conditions and must be retained by the property owner. It is permissible to cut holes in the fabric for planting purposes on and the construction of footings as necessary. Alterations to allow the installation of retaining walls to raise or depress the existing sloping ground levels shall be designed by a qualified engineer and require the approval of the Shire of Carnarvon.

This information has been passed onto the applicant for consideration and is to be further considered in the building assessment.

2.5.3 Relationship Between rear setback and stabilized 1:5 Earth Batter The stabilized earth batter extends into the property slightly over 14m from the rear boundary while the minimum rear boundary setback is 9m. Construction of the primary load bearing building structure within the batter is not recommended and if contemplated will require a design by a qualified Structural engineer and require the approval of the Shire of Carnarvon. Bored timber or steel structures for verandahs, pergolas and timber decks, built over the batter are permitted subject to a design by a qualified structural engineer and require approval of the Shire of Carnarvon.

The rear verandah will require engineering as it sits within the 9m setback.

4.2.3 Fencing - To waterfront and standard lots fences are to

be a maximum of 1.0m high visually permeable panels for at least 75% of the wall length.

- To waterview lots fences may be combined with retaining walls to front boundaries with a maximum fence height of 1.0m above the retained ground level or 1.8m above the street ground level whichever is the lesser and with visually permeable panels for at least 75% of the wall length.

This section of the design guidelines has been considered and complied with in the development application.


ii) Retaining Walls - Retaining walls shall not be erected within

1.0m of the top of the revetment wall - Revetment walls shall not exceed 1.0m above

the natural ground level, situated more than 1.0m, but less than 7.0m from the top of the revetment wall

- Retaining walls and other changes to ground levels constructed on the 1:5 earth batter are done so to the approval of Shire of Carnarvon (refer section 2.5)

The Shire of Carnarvon Town Planning Scheme No 10 section 6.12.3 allows for the development of retaining walls at any setback from the revetment wall provided engineering sufficiency is demonstrated.

2.6.1 Boat Restrictions Development of the NorthWater Estate has involved the dredging of the Fascine to provide navigable waterway. The design and construction of the canal allows for the passage of boats up to the following dimensions:

Length 12m Beam 4.2m Draft 1.8m

Any boat launching into the fascine from a Northwater Carnarvon waterfront dwelling must not exceed the listed dimensions and requires a permit from DoT. The matter is included as an advice note.

Comment: The proposed development is considered to be generally compatible with development along the Fascine waterfront edge, and is supported by neighbouring land owners. The development outcomes, with conditions as proposed, will result in a quality residential development outcome. Financial Implications: The financial implications associated with the proposed development will be borne by the applicant. Risk Assessment: The Northwater Carnarvon Residential Development and Design Standards, Stage 1 section 4.6 – retaining walls states ‘retaining walls to waterfront lots on the earth batter are done so at the property owner’s risk’. With the required engineering certification in place there is no risk to the Shire or adjacent properties in relation to the development. Community & Strategic Objectives: Shire of Carnarvon Strategic Community Plan 2018 – 2028.

Goal 2: A SUSTAINABLE NATURAL AND BUILT ENVIRONMENT THAT MEETS CURRENT AND FUTURE COMMUNITY NEEDS

Outcome 2.7

Shire assets and facilities that support services and meet community needs

2.7.1 Incorporate appropriate planning controls for land use planning and development

2.7.2 Adopt appropriate land use planning and building regulation practices

Policy Implications The proposal is considered to be generally consistent with other Fascine waterfront development, therefore there are no policy implications and a precedent is not set by the approval of this proposal. Overall comment: As noted above the proposal is considered to be in character with waterfront development in the general area, and with conditions imposed will provide a quality residential development outcome.


OFFICER’S RECOMMENDATION That Council, Pursuant to Clause 68 of the Shire of Carnarvon Town Planning Scheme No. 10 Deemed Provisions grant

development approval for application P19/18 for development of land at Lot 601 on HN 3 Yardi Quays

Brockman WA 6701 for home extensions including the construction of a rear outdoor dining area, a garage

conversion, and a rear retaining wall/boat ramp. The approval is subject to the following conditions:

1. The development is to be in accordance with the approved plans as submitted to Council by

Domenico and Heather Condo and lodged with the application, and approved by this decision,

except as modified by conditions of the approval.

2. All development shall occur entirely within the lot boundary. 3. Prior to the commencement of works associated with a building permit, the landowner shall

provide to the Executive Manager Infrastructure Services a report prepared by a suitably qualified and experienced person (structural engineer) demonstrating that the proposed works will not have a detrimental effect on land and structures associated with Lots 600 & 602 Yardi Quays and the Fascine waterway area outside of the lot boundary.

4. Associated with condition 3 above, the land owner/approval holder shall provide details of the final design of the boat ramp including a long-section (with survey data) and provide technical details of the interface of the ramp with the adjacent retaining wall. The detail shall demonstrate (and be certified by the structural engineer) that the boat ramp will not have a detrimental effect on the retaining walls of the adjacent property.

Advice Notes:

a) If the development, the subject of this approval is not substantially commenced within a period of 2 years, or another period specified in the approval after the date of the determination, the approval will lapse and be of no further effect. Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained.

b) If an applicant or owner is aggrieved by this determination, there is a right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 part 14. An application must be made within 28 days of the determination.

c) The revetment wall should be reinstated to enhance the structural sufficiency of the earth batter and retaining wall.

d) The proposed 5m wide sliding fence is not subject to this approval as an elevation plan was not submitted with the application and amended plans.

e) LandCorp have advised that no watercraft shall be launched from the boat ramp into the Fascine waterway without first obtaining a waterway access license from LandCorp.

f) This approval does not confer approval under other relevant legislation, including but not

limited to, the Building Act 2011. It is the responsibility of the applicant to determine any

necessary approvals required and obtain such approvals prior to the commencement of

development and use. However, to assist in understanding the necessary requirements

and approvals, further information can be obtained by contacting the Shire of Carnarvon

Building Services on (08) 9941 0000.


8.3.4 PROPOSED STABLES – LOT 399 (35) CORNISH STREET EAST CARNARVON File No: A866, P17/18 Date of Meeting: 24 July 2018 Location/Address: Lot 399 (35) Cornish Street East Carnarvon Name of Applicant: Colin Godden Name of Owner: Colin Godden Author/s: Matthew Tallon, Planning Officer Declaration of Interest: Nil Voting Requirements: Simple Majority Previous Report: N/A

Summary of Item: This application (see Schedule 8.3.4 (a)), seeks approval for stables restricted to a maximum number of four (4) horses located on Lot 399 (35) Cornish Street East Carnarvon. Shire of Carnarvon Local Planning Scheme No. 10 defines ‘Stables’ as: ‘premises used for the keeping, breeding and rearing of horses and ponies involving the erection of buildings, corrals and compounds and their use for those purposes, except that the expression shall not include land used solely for agistment of horses’. As the land use of ‘stables’ is an ‘SA’ under the Scheme (requiring neighbor consultation), it is required that the matter be brought to Council for a decision. Description of Proposal: The application seeks approval for the use of the lot for stables restricted to the keeping of four (4) horses.

The site currently has four (4) existing structures being used to house horses and is also used as a storage

site for machinery, a transport depot and contains a residential dwelling (Figure 1 shows the area for

stables on Lot 399).

Figure 1: Lot 399 (35) Cornish Street – allocated stables use area


Background: The site has a history of stabling horses; it was recently reported to the Shire that the high number of

horses on the site were causing a nuisance. At the time of the site visit by Shire officers ten (10) horses

were being kept on the site. Research into Shire records has confirmed that the stabling of horses on the

land has never had planning approval. The land owner was informed that the use of the site for ‘Stables’

requires Development Approval under the Scheme. As a result, this application is being presented to the

Council for their consideration.

Consultation: The Shire of Carnarvon Local Planning Scheme No. 10 identifies ‘Stables’ as an ‘SA’ use. The application was

advertised in accordance with clause 64 of the Planning and Development (Local Planning Schemes)

Regulations 2015. The proposal was advertised to surrounding landowners for a period of 14 days for

comment (Figure 2). The Shire received two (2) submissions in support of the proposal, and one (1)

submission in opposition (refer to Schedule 8.3.4 (b)).

Figure 2: Properties notified identified by a red X


The submissions are summarised below:

Key Issue Comments

No objection to the application of stables.

Noted.

Concern for the wellbeing of the horses. Dust,

noise and other outputs associated with an

industrial area. No objection unless approval

compromises daily operations.

The wellbeing of the horses will be addressed through

the required management plan and through other

animal welfare legislation.

Concern of odour associated from urine and

manure. The stench is unbearable attracting

flies. The manure does not get cleaned up

regularly.

The management of the site is proposed to be

addressed through the proposed management plan

which will be a condition of the approval, should

Council have a mind to approve the application.

We do not think that the owners should be able

to have so many horses in an industrial area or

where people reside, as there are areas

available in Carnarvon for hobby blocks/farms.

The applicant has applied to keep a maximum of four

(4) horses on the site. The proposed conditions of the

approval will ensure that this number of horses is not

exceeded.

Internal consultation has been undertaken with the Shire’s Principal Environmental Health Officer and

Contract Building Surveyor. The Shire’s Principle Environmental Health Officer has provided the following

advice:

- The horses are to be kept no closer than 15m from a dwelling.

- The sealing of manure receptacles is to be established.

- The stable flooring is to consist of either sealed in concrete (minimum 75mm) or sand.

The applicant considers that the above requirements are reasonable and has indicated that they are able to

be met. The Shires Contract Building Surveyor has advised that retrospective building approval cannot be

given for the on-site structures due to their age (approximately 17 years).

Statutory Environment: Planning and Development Act 2005 As defined under the Act, ‘development’ means the development or use of any land. The use of the land in this instance being the keeping of horses and associated stables for hobby purposes. Therefore, approval for the development is not exempt in this instance. Planning and Development (Local Planning Schemes) Regulations 2015 The deemed provisions require that: Part 8 cl. 64(1)(e) outlines the provisions of advertising applications for development approval:

(1) An application for development approval must be advertised under this clause if the proposed development –

(e) is of a type that this Scheme requires to be advertised.


Shire of Carnarvon Local Planning Scheme No. 10 The Shire of Carnarvon Local Planning Scheme No. 10 guides development within the Carnarvon townsite. The scheme identifies the zoning of the site as ‘General Industry’ (Figure 3).

Figure 1: Scheme map - General Industry Zone

Shire of Carnarvon Health Local Laws 1997

The Shire of Carnarvon Health Local Laws have been prepared in accordance with the Health Act 1911:

Division 3 – Keeping of Large Animals:

Division 3 of the Shire of Carnarvon Health Local Laws 1997 governs the standard for stables and the keeping

of horses. The Local Laws outline controls to be considered for the keeping of horses, including buffer zones,

control stench, insects and pests, and uphold general cleanliness. A copy of the Local Law can be found at

Schedule 8.3.4(c).

Relevant Plans and Policy: Environmental Guidelines for Horse Facilities and Activities 2002

The guidelines apply to all horse activities in Western Australia. The guidelines ensure the protection of land

quality and water resources. The document recommends best environmental management practices and

procedures for horse related activities.

Stocking Rates Guidelines for Rural Small Holdings, Swan Coastal Plain and Darling Scarp, Western Australia. This Guideline provides strategies for determining appropriate stocking rates for rural small holdings and responsible land and stock management practices. This document has been referred to and its recommendations applied to the proposal to ensure the appropriate management of stables within the Shire of Carnarvon. The guideline states that: “proposals to carry stock in excess of the base stocking rate should be subject of an approval from the relevant local government authority. A stock management plan should form part of the proposal”. As the stocking rates cannot be applied to this application, the responsible outcome is to ensure that a management plan is required for the activity. The proposed management plan can be found at Schedule 8.3.4(d).


Financial Implications: There are no financial implications related to this proposal. Risk Assessment: It is considered that compliance with the Management Plan as submitted with the applicant will ensure responsible management of the operation. The approval of the application, should Council wish to do so, will not set a precedent that could result in activities creating a health problem across the district Community & Strategic Objectives:

Shire of Carnarvon Strategic Community Plan 2018 - 2028


Outcome 2.2 Open, accessible, healthy foreshore and waterways

2.2.3 Monitoring water quality


2.7.2 Adopt appropriate land use planning and building regulation practices

Policy Implications The State guidelines and Local Laws have been considered in the assessment of this application and their requirement applied where relevant. Overall Comment: This application relates to the proposed use of Lot 399 (35) Cornish Street for the use of the land as ‘stables’

restricted to the keeping of a maximum of four (4) horses. The site is zoned “General Industry” and therefore

any expectations concerning the general amenity of the area resulting from land uses must be considered to

be different to those of a residential or special residential area. That being said, as the Scheme allows for

dwellings in the area (care takers accommodation) and it is recognised that some residences have existing

use rights (i.e. were established prior to the General Industry zoning being applied to the area), a reasonable

level of amenity is expected by local residents.

It is considered that with the management plan in place, and ongoing compliance with the plan ensured by

the Shire’s compliance officers, that the overall impacts to neighbour amenity and the environment is

considered to be acceptable for this proposal. It is recommended that the application be approved with the

conditions imposed as listed below.

OFFICER’S RECOMMENDATION That Council,

Pursuant to Clause 68 of the Shire of Carnarvon Local Planning Scheme No. 10 Deemed Provisions grant

development approval for application P17/18 for development of land at Lot 399 Cornish Street East

Carnarvon WA 6701 for the land use ‘Stables’ subject to the following conditions:

1. The maximum number of horses permitted on the subject land at any time shall not exceed

four (4) horses.

2. The Management Plan submitted with this application, and accepted by the Shire, shall be

complied with at all times.

3. The shade structures as illustrated in the management plan shall be erected within three (3)

months of the date of the approval.

Advice Notes:

a) If the development, the subject of this approval is not substantially commenced within a period

of 2 years, or another period specified in the approval after the date of the determination, the


approval will lapse and be of no further effect. Where an approval has so lapsed, no development

must be carried out without the further approval of the local government having first been sought

and obtained.

b) If an applicant or owner is aggrieved by this determination, there is a right of review by the State

Administrative Tribunal in accordance with the Planning and Development Act 2005 part 14. An

application must be made within 28 days of the determination.

c) This approval does not confer approval under other relevant legislation, including but not

limited to, the Building Act 2011. It is the responsibility of the applicant to determine any

necessary approvals required and obtain such approvals prior to the commencement of

development and use. However, to assist in understanding the necessary requirements

and approvals, further information can be obtained by contacting the Shire of Carnarvon

Building Services on (08) 9941 0000.

d) The owner is required to obtain approval under the Shire of Carnarvon Health Local Laws

for the keeping of horses.


8.3.5 ESTABLISHMENT OF AN OVAL LOT 1046 & 560 (30) BABBAGE ISLAND ROAD File No: A3476; P20/18 Date of Meeting: 24 July 2018 Location/Address: 30 Babbage Island Road Morgantown Name of Applicant: James Shaw – Principal Carnarvon Christian Parent Controlled School Association Inc. Name of Owner: Carnarvon Christian Parent Controlled School Association Inc.

(Carnarvon Christian School) Author/s: Matthew Tallon, Planning Officer Declaration of Interest: Nil Voting Requirements: Simple Majority Previous Report: N/A

Summary of Item: This item seeks the approval of Council for the development of a sports oval and associated irrigation on Lot

1046 and 560 (30) Babbage Island Road. This proposal is a “SA” use under the Local Planning Scheme No. 10

and therefore the application (see Schedule 8.3.5 (a)), is required to be submitted to Council for decision.

Description of Proposal: The application seeks approval for a proposed sports oval and associated irrigation on Lots 1046 and 560 (30)

Babbage Island Road (Carnarvon Christian School). Under the Shire of Carnarvon Local Planning Scheme No.

10, the abovementioned site is zoned ‘Residential Development’.

The use of the land for the purpose of a sports oval can be best defined as ‘Educational Establishment’

meaning: ‘a school, college, university, technical institute, academy, or other educational centre, or a lecture

hall but does not include a reformative institution or institutional home.’

The irrigation plan and site plan as lodged with the application can be found at Figures 1 & 2 below:

Figure 1 - Irrigation plan


Figure 2 - Master Plan Illustrating Oval in Northeast Corner of Lot 1046

Background: The clearing works proposed for the establishment of the oval required a clearing permit from the

Environmental Protection Authority which was issued on 22 February 2017 under section 51E of the

Environmental Protection Act 1986 (Schedule 8.3.5 (b)).

The clearing of the land was undertaken shortly after the permit was issued, and the land has been kept clear

of weed species since that time. Further earthworks have occurred on the subject land in preparation for

the installation of the sub-soil irrigation system and the establishment of the playing ground turf surface.

Consultation: The application was advertised in accordance with Clause 64 of the Planning and Development (Local

Planning Schemes) Regulations 2015.

Residential properties considered to be potentially affected by the activities associated with the proposal

were identified and these properties have been consulted through a direct mail out. Two (2) submissions in

support of the proposal were received.

Figure 3 below identifies those properties which were potentially affected by the proposal. While the

consultation was undertaken to comply with the Regulations, in effect the proposal is an extension of the

existing school and therefore any comments received must be considered in this context.


Figure 3 - Consultation catchment The Executive Manager Infrastructure Services (EMIS) has advised the following relating to the application:

- The applicant must provide further information to the EMIS regarding the connection of the

irrigation system to the treated water supply.

- All water connection works must be undertaken by a suitably qualified plumber.

- A Memorandum Of Understanding (MOU) must be established between the school and the Shire of

Carnarvon formalising the ongoing use of the recycled water.

The Shire of Carnarvon Principal Health Officer has advised that the applicant must seek approval for the use of the recycled water from the Department of Health and that the piping used for the irrigation must be identified in a way that is consistent with the standard AS/NZS 3500. Statutory Environment: Planning and Development Act 2005 As defined under the Act, ‘development’ means the development or use of any land. The use of the land in this instance being the development of a sporting oval. Therefore, the development is not exempt from the requirement of a development approval under the Act. Planning and Development (Local Planning Schemes) Regulations 2015 The deemed provisions require the application to be advertised in accordance with: Part 8 cl. 64(1)(e) outlines the provisions of advertising applications for development approval:

(1) An application for development approval must be advertised under this clause if the proposed development –

(e) is of a type that this Scheme requires to be advertised.


Shire of Carnarvon Local Planning Scheme No. 10 The Shire of Carnarvon Local Planning Scheme No. 10 guides development within the Carnarvon townsite.

The scheme identifies the zoning of the site as ‘Residential Development’ (Figure 4). The land use activity is

defined as ‘Educational establishment’:

“Means a school, college, university, technical institute, academy, or other educational centre, or a lecture

hall but does not include a reformative institution or institutional home.”

Figure 4 - Scheme 10 zoning map

Relevant Plans and Policy: There are no State or Local Planning Policies relating to this application. Financial Implications: The EMIS has noted that there will be a cost associated with the supply of recycled water to the school in the form of additional electricity costs associated with the reticulation pumps. It is considered appropriate that the MOU include a requirement for these costs to be transferred to the school. Risk Assessment: The quality of recycled water is managed by the Shire’s Environmental Health Officers, and regular water testing is undertaken. With these measures in place there are not considered to be any additional risks to the Shire or to the community. Community & Strategic Objectives: Shire of Carnarvon Community Strategic Plan 2018 – 2028:

Goal 3: HEALTHY, SAFE AND RESILIENT COMMUNITY, WHERE EVERYONE BELONGS

Outcome 3.1 Active community

3.1.1 3.1.1 Provision of sport and recreation facilities

While there are no direct policy implications there is an expectation that the Shire will develop and maintain Carnarvon within the objectives and outcomes of the Carnarvon Strategic Community Plan 2018 – 2028. Overall comment: The development of the oval is an expected development associated with any school complex. The activities of sport and play by school children on the oval are an extension of normal school activities. The proposed conditions will ensure the acceptable management of the area including any matters relating to the use of recycled water. It is recommended that the application, with conditions as outlined below, be approved. OFFICER’S RECOMMENDATION


That Council,

Pursuant to Clause 68 of the Shire of Carnarvon Local Planning Scheme No. 10 Deemed Provisions grant

development approval for application P20/18 for development of land at Lot 1046 on HN 30 Babbage

Island Road Carnarvon WA 6701 for the construction of a sports oval with reticulation subject to the

following conditions:

1. The development is to be undertaken in accordance with the approved plans as submitted to

Council and lodged with the application, and approved by this decision, except as modified by

conditions of approval.

2. The applicant shall provide to the Executive Manager Infrastructure Services evidence of the

approval by the Department of Health prior to the use of recycled water on the oval.

3. All irrigation piping and associated infrastructure for the recycled water reticulation system must

comply with AS/NZS 3500 (piping is currently identified by the standard as purple coloured).

4. All irrigation works shall be undertaken by a plumber licenced in accordance with the relevant

requirements regulated by the Plumbers Licensing Board.

5. Recycled water may only be used in accordance with the Recycled Water Scheme Approval issued to the Shire of Carnarvon by the Department of Health, and as amended from time to time, in as much as this applies at the property.

6. Carnarvon Christian School is required to prepare a Memorandum of Understanding (MOU) that is acceptable to the Shire of Carnarvon addressing the supply and management of recycled water and the acceptance of costs relating to the pumping of this water. The conditions of the MOU shall be approved by the Executive Manager Infrastructure Services prior to the connection and supply of the recycled water to the school.

Advice Notes: a) If the development, the subject of this approval is not substantially commenced within a period

of 2 years, or another period specified in the approval after the date of the determination, the approval will lapse and be of no further effect. Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained.

b) If an applicant or owner is aggrieved by this determination, there is a right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 part 14. An application must be made within 28 days of the determination.

c) This approval does not confer approval under other relevant legislation, including but not limited to, the Health Act 1911. It is the responsibility of the applicant to determine any necessary approvals required and obtain such approvals prior to the commencement of development and use. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire of Carnarvon Building Services on (08) 9941 0000.

d) Additional information on Plumbers Licensing can be obtained by contacting Plumbers Licensing Board Department of Mines, Industry Regulation and Safety Building Commission Locked Bag 14 CLOISTERS SQUARE WA 6850 Tel: 1300 489 099 Fax: (+618) 6251 1501 Emails: [email protected]

e) A copy of the Recycled Water Scheme Approval issued to the Shire of Carnarvon by the Department of Health is attached to this approval for your convenience.


mailto:[email protected]

8.3.6 PROPOSED 50 SEAT RESTURANT – LOT 200 (8) ROBINSON STREET CARNARVON File No: A1973, P23/18 Date of Meeting: 24 July 2018 Location/Address: Lot 200 (8) Robinson Street Carnarvon Name of Applicant: Dean Barfield Name of Owner: Dean and Desmond Barfield Author/s: Matthew Tallon, Planning Officer, Paul Lees Executive Manager

Development Services Declaration of Interest: Nil Voting Requirements: Simple Majority Previous Report: N/A

Summary of Item:

This report relates to a development application for a fifty (50) seat restaurant located at Lot 200 (8)

Robinson Street, Carnarvon (‘Old Post Office’).

The application is being presented to Council for consideration as the applicant/owner has requested the

use of off-site parking associated with the Shire’s local street network, to achieve the total number of

parking spaces required by the Local Planning Scheme. The application can be found at Schedule 8.3.6(a).

Description of Proposal:

The application seeks approval for a fifty (50) seat restaurant operating from the ‘Old Post Office’ building,

and also offers a reduction in the number of short-stay accommodation spaces currently provided within

the building (reduced to a total of six (6) guests as short-stay accommodation).

The proposed hours of operation are:

• Monday to Thursday inclusive: 5:00pm to 10:00pm;

• Wednesday to Saturday: 10:00am to 2:00pm;

• Friday and Saturday: 5:00pm to midnight.

The subject site is zoned ‘Commercial’ under the Shire of Carnarvon Local Planning Scheme No. 10. The use

is defined as ‘restaurant’ under the Planning and Development (Local Planning Schemes) Regulations 2015

as:

‘premises primarily used for the preparation, sale and serving of food and drinks for consumption on

the premises by customers for whom seating is provided, including premises that are licenced under

the Liquor Control Act 1988’.

The site is currently approved for ‘Short Stay Accommodation’. The approval for ‘Short Stay

Accommodation’ requires the provision of nine (9) onsite car parking bays which includes one (1) ACROD

parking bay. To assist with overall parking provision, the applicant/owner has offered to restrict the short-

stay accommodation on the site to six (6) guests, thereby reducing the associated parking demand.

Overall, with the develop of a fifty (50) seat restaurant and the short-stay accommodation for six (6) guests,

the Scheme requires the provision of nineteen (19) parking spaces. As noted above, the site can only

accommodate nine (9) car parking spaces. The applicant/owner is therefore requesting that ten (10) off-

site Shire parking spaces be permitted to be used as parking associated with the development.


A Parking Survey has been undertaken by the owner to demonstrate that there is sufficient parking

capacity within the Shires local street network at the proposed times of operation of the restaurant. It is

not proposed that any parking bays be sign posted as specifically available for restaurant use. The Parking

Survey undertaken by the applicant can be found at Schedule 8.3.6(b).

Table 2 – Development & Car Parking Standards required under LPS 10 have been addressed in Table 1

below:

Table 2 – Development & Car Parking Standards

Zone Car Parking Requirements Proposed

Commercial Restaurant

1 carpark per 4 seats 1 car park per 5m2 of waiting area

Restaurant Seating: 50 Waiting area: 15 m² Required car parking spaces: 15

Table 1: Development & Car Parking Standards

Background: The ‘Old Post Office’ has an existing approval for ‘Short Stay Accommodation’ dated 1 August 2014. This

application as detailed above relates to the additional use of the site for a fifty (50) seat restaurant. Because

of a short fall in overall on-site parking, the applicant is proposing to limit the short stay accommodation to

six (6) guests in order to better accommodate the proposed restaurant.

Consultation: The application has been referred to the Shire’s Principal Environmental Health Officer and the Executive

Manager Infrastructure Services (EMIS) for comment.

The EMIS has reviewed the Parking Survey and agrees that there is sufficient capacity within the Shire’s on-street network to accommodate the proposed additional ten (10) spaces. The EMIS has also advised that while the ‘cash in lieu’ requirements of the Scheme permits a parking contribution to be collected by the Shire, the trigger for payment should not be required in this instance as the Shire has not developed any recent parking areas to which the cash payment could be allocated. Statutory Environment: Planning and Development Act 2005 As defined under the Act, ‘development’ means the development or use of any land. The use of the land in this instance being the distribution of food and beverages for monetary gain. Shire of Carnarvon Local Planning Scheme No. 10 Lot 200 (8) Robinson Street is zoned ‘Commercial’ under LPS No. 10. The use of ‘Restaurant’ is identified as a ‘P’ use within the scheme. As noted above the application has been referred to Council for a decision as it includes the use of the Shire’s on-street parking to meet the overall parking requirements prescribed by the Scheme. Relevant Plans and Policy: Municipal Heritage Inventory The site of the ‘Old Post Office’ is listed in the Shire of Carnarvon Municipal Heritage Inventory as a place of heritage significance. As the use of the site does not result in any structural changes to the building, assessment against the Municipal Heritage Inventory is not required.


Financial Implications: There are no financial implications for the Shire associated with the proposal. Regarding off-site parking, the EMIS has confirmed that there are more than sufficient spaces available at the proposed times of operation, therefore there are no financial implications for the Shire in relation to car park development. Risk Assessment: There are no risks to the Shire associated with the approval of this application. Community & Strategic Objectives: Shire of Carnarvon Strategic Community Plan 2018 – 2028


Outcome 2.6 Shire assets and facilities that support services and meet community needs

2.6.6 Maintain town centre, fascine and town beach for enjoyment of locals and visitors, that the community can take pride in.

Outcome 2.8 Preservation of local heritage buildings and places of interest

2.8.2 Heritage buildings and places of interest are preserved and maintained through effective planning controls.

Overall comment: It is considered that the proposed development represents an appropriate use and development of an

existing heritage building located on Carnarvon’s iconic main street. While parking associated with the

restaurant requires the use of the Shire’s public car parking within the associated street network, this is not

an unusual planning outcome; it has been demonstrated that more than sufficient spaces are available for

the proposed activity. The proposal is considered to provide an important service to the local community

and visitors, and will contribute to the economy of the town. The proposal will also enhance the night-time

economy/experience of the town.

OFFICER’S RECOMMENDATION That Council, Pursuant to Clause 68 of the Shire of Carnarvon Local Planning Scheme No. 10 Deemed Provisions grant

development approval for application P23/18 for development of land at Lot 200 on HN 8 Robinson Street

Carnarvon WA 6701 for the use Restaurant with a capacity of no more than fifty (50) seats and Short Stay

Accommodation restricted to a maximum of six (6) guests subject to the following conditions:

1. The development is to be in accordance with the approved plans as submitted to Council and

lodged with the application, and approved by this decision, except as modified by conditions of

approval.

2. The owner shall ensure that the nine (9) on-site car parking bays including the one (1) ACROD bay associated with the development are available at all times. The “Short Stay Accommodation” spaces shall be marked as being available for short stay guests only.

3. The Short Stay Accommodation is restricted to a maximum of six (6) guests and for no more three (3) months at a time. Note: this approval does not replace any other conditions associated with approval P38/14, it only reduces the number of guests associated with the short stay use.

4. The restaurant use is restricted to a maximum of fifty (50) persons/seats at any time. 5. The hours of operation for the restaurant activity shall be limited to the following:

• Monday to Thursday inclusive: 5:00pm to 10:00pm;

• Wednesday to Saturday: 10:00am to 2:00pm;

• Friday and Saturday: 5:00pm to midnight.


Advice Notes:

a) If the development the subject of this approval is not substantially commenced within a period of

two (2) years, or another period specified in the approval after the date of determination, the

approval will lapse and be of no effect.

b) If an applicant or owner is aggrieved by this determination, there is a right of review by the State

Administrative Tribunal in accordance with the Planning and Development Act 2005 part 14. An

application must be made within 28 days of the determination.

c) This approval does not confer approval under other relevant legislation, including but not limited

to, the Building Act 2011, the Health Act 1911, the Food Act 2008, and the Liquor Control Act 1988.

It is the responsibility of the applicant to determine any necessary approvals required and obtain

such approvals prior to the commencement of development and use. However, to assist in

understanding the necessary requirements and approvals, further information can be obtained by

contacting the Shire of Carnarvon Building Services on (08) 9941 0000.


8.4.1 INFRASTRUCTURE MONTHLY REPORT – JULY 2018

File No: – Date of Meeting: 24 July 2018 Location/Address: N/A Name of Applicant: N/A Name of Owner: N/A Author/s: Wayne Sanderson – Infrastructure Operations Manager Gloria Quinn – Assets Co-ordinator Declaration of Interest: Nil Voting Requirements: Simple majority Previous Report: – ________________________________________________________________________________________________

Summary of Item: For Council to receive information on projects and activities undertaken by the Infrastructure section via the ‘Infrastructure Monthly Report’ attached at Schedule 8.4.1(a).

Description of Proposal: The Infrastructure Monthly Report provides information on the major activities of the Infrastructure section for the previous month.

Background: Recurrent report.

Consultation: Nil

Statutory Environment: Nil

Relevant Plans and Policy: Nil

Financial Implications: Nil

Risk Assessment: N/A

Community & Strategic Objectives:

Outcome 5.2 A high standard of governance and accountability.

5.2.1 Maintain a high standard of corporate planning and reporting.

Outcome 5.6 Best practice human resource management practices

5.6.2 Provide timely and accurate information across the organisation.

Comment: N/A

OFFICER’S RECOMMENDATION

That Council receive the Infrastructure Monthly Report for July 2018.


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