City of Bunbury Council Minutes 10 July 2018
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City of Bunbury Council
Minutes
10 July 2018
CITY OF BUNBURY
4 Stephen Street
Bunbury WA 6230
Western Australia
Correspondence to:
Post Office Box 21
Bunbury WA 6231
Telephone: (08) 9792 7234 ◌ Facsimile: (08) 9792 7184 ◌ TTY: (08) 9792 7370 ◌ www.bunbury.wa.gov.auTable of Contents
Item No Subject Page
1. Declaration of Opening / Announcements of Visitors............................................................................ 5
2. Disclaimer ............................................................................................................................................... 5
3. Announcements from the Presiding Member ........................................................................................ 6
4. Attendance ............................................................................................................................................. 6
4.1 Apologies ............................................................................................................................... 6
4.2 Approved Leave of Absence .................................................................................................. 7
5. Declaration of Interest ............................................................................................................................ 7
6. Public Question Time .............................................................................................................................. 8
6.1 Public Question Time ............................................................................................................. 8
6.2 Responses to Public Questions Taken ‘On Notice’ ................................................................ 8
7. Confirmation of Previous Minutes and other Meetings under Clause 19.1 ........................................... 9
7.1 Minutes .................................................................................................................................. 9
7.1.1 Minutes – Ordinary Council Meeting..................................................................... 9
7.1.2 Minutes – Special Council Meeting ....................................................................... 9
7.1.3 Minutes – Council Advisory Committees and Working/Project Groups .............11
8. Petitions, Presentations, Deputations and Delegations .......................................................................12
8.1 Petitions ...............................................................................................................................12
8.2 Presentations .......................................................................................................................12
8.3 Deputations .........................................................................................................................12
8.4 Council Delegates’ Reports ..................................................................................................14
8.5 Conference Delegates’ Reports ...........................................................................................14
9. Method of Dealing with Agenda Business ............................................................................................14
10. Reports..................................................................................................................................................15
10.1 Greater Bunbury Age-Friendly Communities Strategy Implementation Plan 2017 – 2020
(was listed as item 10.3.1 of the Council Agenda) ...............................................................15
10.2 Petition Report – Plastics at City of Bunbury Events (was listed as item 10.4.4 of the Council
Agenda) ................................................................................................................................18
10.3 Bunbury Regional Theatre Incorporated – Endorsement of New Board of Management
Members (was listed as item 10.2.1 of the Council Agenda) ..............................................21
10.4 Proposed Additional Use Betting Agency at Lot 8 (#135) Ocean Drive, South Bunbury
(Hungry Hollow Tavern) (was listed as item 10.4.1 of the Council Agenda) .......................24
10.5 Proposed Variation to Visual Privacy Requirements of the Residential Design Codes (R-
Codes) for Lot 147 (#32) Picton Crescent, Bunbury (was listed as item 10.4.2 of the Council
Agenda) ................................................................................................................................31
10.6 Demolition of Toilet Block and Proposed New Administration / Studio Building at Lot 534
Stirling Street, East Bunbury (Stirling Street Arts Centre) (was listed as item 10.4.3 of the
Council Agenda) ...................................................................................................................39
11. Applications for Leave of Absence........................................................................................................50Table of Contents
Item No Subject Page
12. Motions on Notice ................................................................................................................................50
12.1 Cr Kelly Motion on Notice ....................................................................................................50
13. Questions on Notice .............................................................................................................................53
13.1 Response to Previous Questions from Members taken on Notice......................................53
13.2 Questions from Members ....................................................................................................53
14. New Business of an Urgent Nature Introduced by Decision of the Meeting .......................................53
15. Meeting Closed to Public ......................................................................................................................53
15.1 Matters for which the Meeting may be Closed ...................................................................53
15.2 Public Reading of Resolutions that may be made Public .....................................................53
16. Closure ..................................................................................................................................................5310 July 2018
Minutes – Council Meeting
Vision
Bunbury: welcoming and full of opportunities.
Core Values
The City of Bunbury aspires to act in accordance with the following values in all of its decisions and actions:
Leadership: empowering people to take responsibility for what they do and to strive to set an example for
others to follow.
Teamwork: communicating and working co-operatively for the mutual benefit of all.
Integrity: establishing trust through openness and honesty.
Accountability: for our actions and performance.
Respect: for others by listening, understanding and responding appropriately.
Innovation: continually improving our services and processes through creative and progressive thinking and
action.
Nature of Council’s Role in Decision Making
Advocacy: When Council advocates on its own behalf or on behalf of its community to
another level of government/body/agency.
Executive/Strategic: The substantial direction setting and oversight role of the Council, e.g. adopting
plans and reports, accepting tenders, directing operations, setting and amending
budgets.
Legislative: Includes adopting local laws, town planning schemes and policies.
Review: When Council reviews decisions made by Officers.
Quasi-Judicial: When Council determines an application/matter that directly affects a person’s
rights and interests. The Judicial character arises from the obligations to abide by
the principles of natural justice.
Examples of Quasi-Judicial authority include town planning applications, building
licences, applications for other permits/licences (e.g. under Health Act, Dog Act or
Local Laws) and other decisions that may be appealable to the State
Administrative Tribunal.
Page 410 July 2018
Minutes – Council Meeting
Minutes
10 July 2018
1. Declaration of Opening / Announcements of Visitors
The Mayor declared the meeting open at 5:30PM
2. Disclaimer
The City of Bunbury accepts no responsibility for any act, omission, statement or intimation that
occurs during Council Briefings or Council Meetings. The City refuses liability for any loss caused
arising out of reliance by any person or legal entity on any such act, omission, statement or
intimation occurring during Council Briefings or Council Meetings. Any person or legal entity acting
or failing to act in reliance upon any statement, act or omission made during a Council Briefing or
Council Meeting does so at their own risk.
Please note the recommendations contained in this document are not final and are subject to
adoption, amendment (or otherwise) at the meeting.
Any statement or intimation of approval regarding any planning or development application made
during a Council Briefing or Council Meeting is not to be taken as notice of approval from the City.
The City advises that anyone who has an application lodged with the City must obtain and should
only rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions
attached to the decision made by Council regarding the application.
Copyright
Any plans or documents contained within this Agenda and any associated Appendices are Copyright
of the City of Bunbury. The content is protected by Australian and International copyright
trademark. Content must not be modified or reproduced without written authorisation of the City
of Bunbury.
Recording and Webstreaming of Meetings
All Ordinary and Special Council Meetings are electronically recorded except when Council
resolves to go behind closed doors
All recordings are retained as part of the City’s records in accordance with the General
Disposal Authority for Local Government Records produced by the Public Records Office
The live stream can be accessed at http://www.bunbury.wa.gov.au/Pages/Live-
Stream.aspx
Recordings can be accessed at http://www.bunbury.wa.gov.au/Pages/Council-Meeting-
Videos-2018.aspx
Images of the public gallery are not included in the streaming, however the voices of
people in attendance may be captured and streamed.
If you have any issues or concerns regarding the live streaming and recording of meetings,
please contact the City’s Governance Officer on 9792 7273.
Page 510 July 2018
Minutes – Council Meeting
3. Announcements from the Presiding Member
The Mayor acknowledged ‘Naidoc Week’ and this year’s theme ‘Celebrating Indigenous Women’.
The Mayor officiated at the opening of the Kelly Park Playground on the morning of Tuesday 10
July.
The Mayor announced his fuel costs for the period were $70.80.
4. Attendance
Present:
Council Members:
Presiding Member: Mayor G Brennan
Members: Deputy Mayor J Miguel
Councillor S Morris
Councillor M Cook
Councillor T Smith
Councillor B Kelly
Councillor B McCleary
Councillor T Brown
Councillor M Steck
Councillor K Steele
Councillor M Warnock
Executive Leadership Team (Non-Voting)
A/CEO Mr G Harris
A/Director Corporate and Community Services Mr M Roberts
A/Director Planning and Development Services Mrs F Anderson
A/Director Works and Services Kristy Tillett
City of Bunbury Officers (Non-Voting)
Manager Governance Mr G Golinski
Manager Planning and Development Mr T Farnworth
Media and Communications Officer Mrs Lee-Maree Gallo
Manager People and Place Ms I Evans
Council Support Officer Mrs M Keegan
Others (Non-Voting)
Members of the Public 19
Members of the Press 2
4.1 Apologies
Chief Executive Officer Mr M Osborne
Page 610 July 2018
Minutes – Council Meeting
4.2 Approved Leave of Absence
Cr Hayward is on approved leave of absence from all Council-related business from 2 July to 14 July
2018 inclusive.
5. Declaration of Interest
Members should fill in Disclosure of Interest forms for items in which they have a financial,
proximity or impartiality interest and forward these to the Presiding Member before the meeting
commences.
Section 5.60A: “a person has a financial interest in a matter if it is reasonable to expect that the
matter will, if dealt with by the local government, or an employee or committee of the local
government or member of the council of the local government, in a particular way, result in a
financial gain, loss, benefit or detriment for the person.”
Section 5.60B: “a person has a proximity interest in a matter if the matter concerns –
(a) a proposed change to a planning scheme affecting land that adjoins the person’s
land; or
(b) a proposed change to the zoning or use of land that adjoins the person’s land; or
(c) a proposed development (as defined in section 5.63(5)) of land that adjoins the
person’s land.”
Regulation 34C (Impartiality): “interest means an interest that could, or could reasonably be
perceived to, adversely affect the impartiality of the person having the interest and includes an
interest arising from kinship, friendship or membership of an association.”
Cr Steele declared an impartiality interest in item 10.4.3 Demolition of Toilet Block and Proposed
New Administration/Studio Building at Lot 534 Stirling Street, East Bunbury (Stirling Street Arts
Centre as she is a member of the Stirling Street Arts Centre Board. Cr Steele remained in the
chamber for the debate and vote on this matter.
Mayor Brennan declared an impartiality interest in item 10.4.2 Proposed Variation to Visual Privacy
Requirements of the Residential Design Codes R-Codes for Lot 147 32 Picton Crescent Bunbury as he
is an honorary member of Rotary and was a member of the same Rotary Cub as the applicant 17
years ago. Mayor Brennan remained in the chamber for the debate and vote on this matter.
Page 710 July 2018
Minutes – Council Meeting
6. Public Question Time
In accordance with Reg. 7(4)(a) of the Local Government (Administration) Regulations 1996, members of the
public in attendance at the meeting may stand, state aloud their name and address, and ask a question in
relation to any matter over which the municipality of Bunbury has jurisdiction or involvement.
In accordance with Standing Order 6.7(3)(a) a person wishing to ask a question, must complete a question
form which is provided in the trays at the back of the public gallery and on the City’s website. The completed
form must include your name and address and contain no more than three (3) questions. If your question
requires research or cannot be answered at the meeting, it will be taken on notice and you will receive a
written response and a summary of your question (and any responses provided) will be printed in the
minutes of the meeting.
6.1 Public Question Time
Nil
6.2 Responses to Public Questions Taken ‘On Notice’
Nil
Page 810 July 2018
Minutes – Council Meeting
7. Confirmation of Previous Minutes and other Meetings under Clause 19.1
7.1 Minutes
7.1.1 Minutes – Ordinary Council Meeting
The minutes of the Ordinary meeting of the City of Bunbury Council held 26 June 2018 have been
circulated.
Recommendation
The minutes of the Ordinary meeting of the City of Bunbury Council held 26 June 2018 be
confirmed as a true and accurate record.
Voting Requirement: Simple Majority Required
Outcome – Council Meeting 10 July 2018
The recommendation (as printed) was moved Cr Cook, seconded Cr Brown.
The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the
matter.
Council Decision 207/18
The minutes of the Ordinary meeting of the City of Bunbury Council held 26 June 2018 be
confirmed as a true and accurate record.
CARRIED
11 votes “for” /nil votes “against”
7.1.2 Minutes – Special Council Meeting
The minutes of the Special meeting of the City of Bunbury Council held 26 June 2018 have been
circulated.
Recommendation
The minutes of the Special meeting of the City of Bunbury Council held 26 June 2018 be confirmed
as a true and accurate record.
Voting Requirement: Simple Majority Required
Page 910 July 2018
Minutes – Council Meeting
Outcome – Council Meeting 10 July 2018
The recommendation (as printed) was moved Cr Cook, seconded Cr Miguel.
The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the
matter.
Council Decision 208/18
The minutes of the Special meeting of the City of Bunbury Council held 26 June 2018 be confirmed
as a true and accurate record.
CARRIED
11 votes “for” / nil votes “against”
Page 1010 July 2018
Minutes – Council Meeting
7.1.3 Minutes – Council Advisory Committees and Working/Project Groups
Applicant: Roadwise Committee
Author: Amanda Blunsdon, Engineering Technical Officer
Executive: Gavin Harris, Director Works and Services
Authority/Discretion: ☐ Advocacy ☐ Review
☐ Executive/Strategic ☐ Quasi-Judicial
☐ Legislative ☒ Information Purposes
Attachments: Appendix MTBN-1: Roadwise Committee Minutes 18 June 2018
Summary
The following Advisory Committee Meetings were held and the minutes are presented for noting:
1. Title: Roadwise Committee Minutes 18 June 2018
Author: Amanda Blunsdon
Appendix: MTBN-1
Council Committee Recommendation
The following Advisory Committee meeting minutes listed in the report be accepted and noted:
1. Roadwise Committee Minutes 18 June 2018
Voting Requirement: Simple Majority Required
Outcome – Council Meeting 10 July 2018
The recommendation (as printed) was moved Cr Steele, seconded Cr Cook.
The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the
matter.
Council Decision 209/18
The following Advisory Committee meeting minutes listed in the report be accepted and noted:
1. Roadwise Committee Minutes 18 June 2018
CARRIED
11 votes “for” / nil votes “against”
Page 1110 July 2018
Minutes – Council Meeting
8. Petitions, Presentations, Deputations and Delegations
8.1 Petitions
Nil
8.2 Presentations
Nil
8.3 Deputations
Mr Barry Barstow 9/127 Ocean Drive Bunbury WA 6230
Mr Barry Barstow requested to address item 10.4.1 titled Proposed Additional Use Betting Agency
at Lot 8 (#135) Ocean Drive, South Bunbury (Hungry Hollow Tavern).
Council Decision 210/18
Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Mr Barry Barstow
deputation request to address item 10.4.1 titled Proposed Additional Use Betting Agency at Lot 8
(#135) Ocean Drive, South Bunbury (Hungry Hollow Tavern).and allows a period of up to 5
minutes to present to Council.
CARRIED
11 votes “for” / nil votes “against”
Mr Stephen Scott-Higgins 30 Picton Crescent Bunbury WA 6230
Mr Stephen Scott-Higgins, requested to address item 10.4.2 titled Proposed Variation to Visual
Privacy Requirements of the Residential Design Codes (R-Codes) for Lot 147 (#32) Picton Crescent,
Bunbury.
Council Decision 211/18
Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Mr Stephen Scott-
Higgins deputation request to address item 10.4.2 titled Proposed Variation to Visual Privacy
Requirements of the Residential Design Codes (R-Codes) for Lot 147 (#32) Picton Crescent,
Bunbury.
CARRIED
11 votes “for” / nil votes “against”
Page 1210 July 2018
Minutes – Council Meeting
Tecon Australia on behalf of John and Rhonda Bridgeham 29 Carey Street Bunbury WA 6230
Mr Gary Fitzgerald and Mr John Bridgeham requested to address item 10.4.2 titled Proposed
Variation to Visual Privacy Requirements of the Residential Design Codes (R-Codes) for Lot 147 (#32)
Picton Crescent, Bunbury.
Council Decision 212/18
Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Mr Gary Ftizgerald
and Mr John Bridgeham deputation request to address item 10.4.2 titled Proposed Variation to
Visual Privacy Requirements of the Residential Design Codes (R-Codes) for Lot 147 (#32) Picton
Crescent, Bunbury.
CARRIED
11 votes “for” / nil votes “against”
Mr Graeme Lush
Mr Graeme Lush requested to address item 10.4.3 titled Demolition of Toilet Block and Proposed
New Administration / Studio Building at Lot 534 Stirling Street, East Bunbury (Stirling Street Arts
Centre).
Council Decision 213/18
Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Mr Graeme Lush
deputation request to address item 10.4.3 titled Demolition of Toilet Block and Proposed New
Administration / Studio Building at Lot 534 Stirling Street, East Bunbury (Stirling Street Arts
Centre).
CARRIED
11 votes “for” / nil votes “against”
Ms Del Ambrosius
Ms Del Ambrosius requested to address item 10.4.3 titled “Demolition of Toilet Block and Proposed
New Administration / Studio Building at Lot 534 Stirling Street, East Bunbury (Stirling Street Arts
Centre)”.
Council Decision 214/18
Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Ms Del Ambrosius
deputation request to address item 10.4.3 titled Demolition of Toilet Block and Proposed New
Administration / Studio Building at Lot 534 Stirling Street, East Bunbury (Stirling Street Arts
Centre).
CARRIED
11 votes “for” / nil votes “against”
Page 1310 July 2018
Minutes – Council Meeting
8.4 Council Delegates’ Reports
Nil
8.5 Conference Delegates’ Reports
Nil
9. Method of Dealing with Agenda Business
Standing Order 5.5 permits the Council to adopt the recommendations “by exception” (en-bloc).
Pursuant to Standing Order 5.5, the Council “adopted by exception” (i.e. without discussion) those
recommendations listed for items 10.3.1 and 10.4.4.
Items 10.2.1, 10.4.1, 10.4.2, and 10.4.3 of the meeting agenda was then discussed and voted on
separately and in the order it appeared on the agenda. The items have been renumbered with the
items voted “by exception” listed first.
The items “adopted by exception” were moved Cr Cook, seconded Cr Steele.
Page 1410 July 2018
Minutes – Council Meeting
10. Reports
10.1 Greater Bunbury Age-Friendly Communities Strategy Implementation Plan 2017 –
2020 (was listed as item 10.3.1 of the Council Agenda)
Applicant/Proponent: Internal
Responsible Officer: Ryan Campbell, Community Development Officer
Responsible Manager: Isabell Evans, Manager People and Place
Executive: Stephanie Addison-Brown, Director Corporate and Community Services
Authority/Discretion ☐ Advocacy ☐ Review
☒ Executive/Strategic ☐ Quasi-Judicial
☐ Legislative ☐ Information Purposes
Attachments: Appendix DCCS-1: Draft Greater Bunbury Age-Friendly Communities
Strategy Implementation Plan 2017-2020
Summary
The Greater Bunbury Age-Friendly Communities Strategy (the Strategy) was developed in
partnership with the Shire Dardanup and Shire of Harvey in late 2016. Council endorsed the
Strategy on 24 January 2017 as per Council decision 10/17.
A City of Bunbury Draft Greater Bunbury Age-Friendly Communities Strategy Implementation Plan
2017 - 2020 has since been developed and was endorsed by the Executive Leadership Team on 2
May 2018.
Council endorsement is now being sought.
Executive Recommendation
That Council endorse the City of Bunbury Greater Bunbury Age-Friendly Communities Strategy
Implementation Plan 2017 - 2020.
Voting Requirement: Simple Majority
Strategic Relevance
Theme 1: Our community and culture
Goal: A safe, healthy and cohesive community, with a rich cultural life, and
supportive social environment
Objective 1.5: Establish Bunbury as the Most Accessible Regional City in Australia by 2020
Background
In late 2015 the City of Bunbury received grant funding of $30,000 from the South West
Development Commission (SWDC) to develop an Age-Friendly Communities Strategy in partnership
with the Shire of Dardanup and Shire of Harvey.
External consultants Creating Communities were engaged by the three (3) partnering local
governments and SWDC to facilitate the development of a joint strategy.
Page 1510 July 2018
Minutes – Council Meeting
The resulting Strategy is based on the World Health Organisation’s Global Age Friendly Cities Guide
and identifies seven key focus areas:
1. Transport
2. Housing
3. Communication and Information
4. Social Networks/Inclusion
5. Community Participation/Volunteerism
6. Health and Support Services
7. Outdoors Spaces and Buildings
Each focus area comprises a recommended strategy. The recommendations will enable both
regional and local initiatives to be developed.
This strategy was endorsed by Council at the Ordinary Council meeting on 24 January 2017 (10/17).
An Implementation Plan has since been developed to serve as a guide for the City in the
implementation of the Strategy. Individual strategies were developed under each of the focus areas
and categorised into responsible departments in consultation with relevant Managers.
The Implementation Plan was modelled on the City’s Disability Access and Inclusion Plan (DAIP)
Implementation Plan making reporting on both strategies more streamlined and efficient. Updates
on the progress of each strategy will be sought from relevant Managers on a quarterly basis to
ensure the City is meeting the goals set out in the original Strategy.
Council Policy Compliance
There is no Council Policy applicable to this report.
Legislative Compliance
Local Government Act 1995
Officer Comments
The City of Bunbury Greater Bunbury Age Friendly Communities Strategy Implementation Plan will
assist the City with implementing the overarching goals of the Strategy and Plan and in preparing
for societal changes in making the Greater Bunbury Region a more age-friendly place live.
Noting the Implementation Plan comprises years 2017 – 2020, staff have recommended to keep
references to 2017 in the document as actions assigned to this year are already in progress.
Analysis of Financial and Budget Implications
PR-4425 Implement Aged Friendly Communities Strategic Plan Outcomes has been allocated
$10,000 per year for the next six financial years commencing in 2018/19.
Community Consultation
The community was consulted in the development of the original Strategy and two (2) Service
Provider workshops were held in Bunbury.
Page 1610 July 2018
Minutes – Council Meeting
Councillor/Officer Consultation
Relevant Managers were consulted in the development of the Implementation Plan.
Applicant Consultation
Not applicable.
Outcome – Council Meeting 10 July 2018
Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr
Cook seconded Cr Steele and adopted (’en bloc’) to become the Council’s decision on the matter.
Council Decision 215/18
That Council endorse the City of Bunbury Greater Bunbury Age-Friendly Communities Strategy
Implementation Plan 2017 - 2020.
CARRIED
11 votes “for” / nil votes “against”
Page 1710 July 2018
Minutes – Council Meeting
10.2 Petition Report – Plastics at City of Bunbury Events (was listed as item 10.4.4 of the Council
Agenda)
File Ref: A06814
Applicant/Proponent: Internal Report
Responsible Officer: Ben Deeley, Team Leader Sustainability and Environmental Planning
Responsible Manager: Thor Farnworth, Manager Sustainability, Planning and Development
Executive: Felicity Anderson, A/Director Planning and Development Services
Authority/Discretion ☒ Advocacy ☐ Review
☒ Executive/Strategic ☐ Quasi-Judicial
☐ Legislative ☐ Information Purposes
Attachments: Nil
Summary
At its meeting on 12 June 2018, Council received a petition regarding the proposed banning of
plastic straws and single-use plastics at City of Bunbury events (Council Decision 167/18). This
report has been prepared in order to support Council in considering the matter in accordance with
the requirements of the City of Bunbury Standing Orders Local Law 2012 and Council Decision
167/18.
Executive Recommendation
That Council:
1. Notes the petition.
2. Notes the range of current and proposed City of Bunbury initiatives that seek to minimise
the use of single-use plastics in Bunbury.
3. Requests the CEO investigate and report back to Council within four (4) months on other
opportunities that may exist to reduce the use of single-use plastics across the City’s
events, facilities and operations more broadly.
Voting Requirement: Simple Majority
Strategic Relevance
Theme 3: Our places and Spaces
Goal: A natural and built environment that reflects Bunbury’s core values
Objective 3.5 Efficient use of resources, particularly water and energy, with minimum
waste and efficient disposal.
Background
At the Council meeting on 12 June 2018, Deputy Mayor Jaysen Miguel presented a petition
containing 262 signatures that sought the banning of plastic straws and single-use plastics from
events organised or sponsored by the City of Bunbury. Council subsequently decided as follows in
relation to the petition (Council Decision 167/18):
Pursuant to clause 6.10(2) of the City of Bunbury Standing Orders 2012, that Council receive the
petition with regard to “the banning of the use of single use plastics for events organised or
supported by the City of Bunbury” and refer to the relevant officer for a report to be submitted
within the next two (2) rounds of Council meetings.
Page 1810 July 2018
Minutes – Council Meeting
This report has been prepared in order to support Council in considering the matter in accordance
with the requirements of the City of Bunbury Standing Orders Local Law 2012 and Council Decision
167/18.
Council Policy Compliance
This report and the Executive Recommendation are consistent with all relevant Council policies.
Legislative Compliance
This report and the Executive Recommendation are consistent with the requirements of the City of
Bunbury Standing Orders Local Law 2012 and all other relevant legislation, where known.
Officer Comments
Single-use plastics are those that are designed to be used once and then discarded. The United
Nations Environment Programme’s (2018) Single-use Plastics, A Roadmap for Sustainability outlines
a number of pertinent considerations regarding single-use plastics:
Most of the plastics produced globally are single-use
Only 9% of plastics are ultimately recycled with most ending up in landfills and the
environment
Most plastics do not biodegrade, but rather slowly break down into smaller fragments
Some types of plastic can take thousands of years to decompose
Plastics can be toxic, carcinogenic, cause impacts on fauna and adversely impact on
amenity.
In view of these issues, the European Commission currently proposes the introduction of new
regulations on the production of ten major single-use plastic products, including complete bans in
some cases. Further, the Western Australian government will be introducing a ban on the supply of
lightweight plastic bags within the state commencing on 1 July 2018.
The City of Bunbury itself has begun the implementation of several initiatives to reduce the supply
of single-use plastics at its facilities. Plastic bags are no longer provided at any of the City’s facilities
including the libraries and the South West Sports Centre and Bunbury Wildlife Park cafes will stop
supplying plastic drinking straws once the cardboard replacements arrive (N.B. this is currently
estimated to occur in July/August 2018).
These initiatives complement the City’s broader waste management program, which includes hard
waste and green waste collection, electronic and hazardous waste drop off, residential waste and
recycling and the employment of a grant-funded waste education officer.
The implementation of a complete ban on the use of single-use plastics at events organised or
sponsored by the City of Bunbury, as proposed through the petition, is problematic because it
would be difficult for the City to regulate the activities of individual vendors and attendees.
Further, the imposition of conditions of this sort may hamper the City’s current efforts to
encourage events to Bunbury and build the events calendar.
Instead, it is proposed that City staff investigate and report back to Council on other opportunities
that may exist to reduce the use of single-use plastics across the City’s events, facilities and
Page 1910 July 2018
Minutes – Council Meeting
operations more broadly. One example is the potential introduction of a scoring item to the City’s
event vendor assessment related to sustainable practices, including the use of single-use plastics,
as a means of reducing their use at City events.
Analysis of Financial and Budget Implications
The Executive Recommendation does not have any adverse implications for the 2018/19 Budget.
Community Consultation
There has been no community consultation on this issue to date.
Councillor/Officer Consultation
The following staff have been consulted during the preparation of this report:
Executive Leadership Team
Manager Sustainability, Planning and Development
Manager People & Place
Manager Waste Services
Media and Communications Officer.
Outcome – Council Meeting 10 July 2018
Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr
Cook seconded Cr Steele and adopted (’en bloc’) to become the Council’s decision on the matter.
Council Decision 216/18
That Council:
1. Notes the petition.
2. Notes the range of current and proposed City of Bunbury initiatives that seek to minimise the
use of single-use plastics in Bunbury.
3. Requests the CEO investigate and report back to Council within four (4) months on other
opportunities that may exist to reduce the use of single-use plastics across the City’s events,
facilities and operations more broadly..
CARRIED
11 votes “for” / nil votes “against”
Page 2010 July 2018
Minutes – Council Meeting
10.3 Bunbury Regional Theatre Incorporated – Endorsement of New Board of
Management Members (was listed as item 10.2.1 of the Council Agenda)
Applicant/Proponent: Bunbury Regional Entertainment Centre
Author: Mal Osborne, Chief Executive Officer
Executive: Mal Osborne, Chief Executive Officer
Authority/Discretion ☐ Advocacy ☒ Review
☐ Executive/Strategic ☐ Quasi-Judicial
☐ Legislative ☐ Information Purposes
Attachments: Nil
Summary
On 20 June 2018, the City received correspondence from the Bunbury Regional Entertainment
Centre seeking Council endorsement for the appointment of members to the Bunbury Regional
Theatre Inc. (BREC Board).
The constitution of the BREC Board requires Council to endorse the membership of the governing
Board of Management.
Executive Recommendation
That Council pursuant to the constitution of the Bunbury Regional Theatre Inc, endorses
appointment of the following members to the Theatre’s Board for the terms listed:
Simon Jacob 2-year term
Jenelle Dunn 2-year term
Garth Cahill 2-year term
Susan Heyworth 2-year term
Amanda Yip 2-year term
Voting Requirements: Simple Majority required
Strategic Relevance
Theme 1: Our community and culture
Goal: A safe, healthy and cohesive community, with a rich cultural life, and
supportive social environment
Objective 1.4: Arts, culture, heritage and events that enrich our understanding and
enjoyment of life, celebrate our identity and bring the community together
Background
The Bunbury Regional Entertainment Centre is a City of Bunbury asset. It opened in 1990 and
provides the people of Bunbury and the South West Region with the opportunity to view and
participate in performances staged in a top-class facility.
The BREC Board is an independent, not-for-profit community organisation charged with
management of the Bunbury Regional Entertainment Centre. The Board is comprised of ten (10)
interested members of the community with a commitment to the performing arts.
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Minutes – Council Meeting
The City of Bunbury contributes funding annually to support operation of the Bunbury Regional
Entertainment Centre. Accordingly, the BREC Board constitution permits at least one (1) sitting
Bunbury City Councillor to be a member of its Management Board (this is currently a position
occupied by Cr Kelly). The Constitution also requires all appointments to the Board to be endorsed
by the Council.
Due to the expiry of the terms of existing members, five (5) positions on the Board became vacant
as at 1 July 2018. The Bunbury Regional Entertainment Centre has advised that it called for
nominations to fill these vacancies via advertisements in the press on 2 and 3 May with
nominations received from two (2) of the retiring members plus new nominations from additional
community members.
A Selection panel consisting of two (2) existing board members (Jane Andel and Paul Springate) and
one (1) community member (Julian Bowron) was formed to assess the applications.
The Panel’s recommendation was passed and accordingly, the Board now requests that the
recommendations be endorsed by Council.
Officer Comments
In endorsing this recommendation, the City has fulfilled its obligation under the terms of the
current Deed of Management and constitution of the BREC Board.
Community Consultation
The BREC Board called for nominations for membership of the Board via public notices on the 2nd
and 3rd May in the Bunbury Mail and South West Times.
Analysis of Financial and Budget Implications
Appointment of members to the Board will have no effect on the City’s existing budget for the
Bunbury Regional Entertainment Centre (which is a City of Bunbury asset).
Council Policy Compliance
There is no Council Policy in relation to this matter.
Legislative Compliance
The constitution of the BREC Board requires Council endorsement of appointments to the Board.
Page 2210 July 2018
Minutes – Council Meeting
Outcome – Council Meeting 10 July 2018
The Executive Recommendation (as printed) was moved Cr Smith and seconded Cr Kelly.
The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the
matter.
Council Decision 217/18
That Council pursuant to the constitution of the Bunbury Regional Theatre Inc, endorses
appointment of the following members to the Theatre’s Board for the terms listed:
Simon Jacob 2-year term
Jenelle Dunn 2-year term
Garth Cahill 2-year term
Susan Heyworth 2-year term
Amanda Yip 2-year term
CARRIED
11 votes “for” / nil votes “against”
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Minutes – Council Meeting
10.4 Proposed Additional Use Betting Agency at Lot 8 (#135) Ocean Drive, South
Bunbury (Hungry Hollow Tavern) (was listed as item 10.4.1 of the Council Agenda)
File Ref: P07046-13, DA/2018/92/1
Applicant/Proponent: Ryan Davis
Responsible Officer: Justin Biggar, Planning Officer
Responsible Manager: Thor Farnworth, Manager Sustainability, Planning and Development
Executive: Felicity Anderson, Acting Director Planning and Development Services
Authority/Discretion ☐ Advocacy ☐ Review
☐ Executive/Strategic ☒ Quasi-Judicial
☐ Legislative ☐ Information Purposes
Attachments: Appendix DPDS-1 – Locality Plan
Appendix DPDS-2 – Development Plans
Appendix DPDS-3 – Schedule of Submissions
Summary
Development approval is sought for a proposed additional use (betting agency) at the Hungry
Hollow Tavern at Lot 8 (#135) Ocean Drive, South Bunbury.
The premises, currently operating as a ‘tavern’, propose to install a PubTAB betting terminal on site
which will allow patrons to place wagers and receive payouts on sporting and racing events.
A locality plan and development plans are attached at Appendix DPDS-1 and DPDS-2.
As a discretionary use under the City of Bunbury Local Planning Scheme No. 8, direct notification of
the proposal was made to immediate neighbours with wider community consultation undertaken
through newspaper and website advertising.
Seven objections to the proposal were received from neighbouring landowners. The main concerns
raised in the submissions were impacts on existing parking, increased noise and the societal/moral
impacts of betting facilities adjacent to a residential zoned area. A Schedule of Submissions is
attached at Appendix DPDS-3.
As objections were received, the application is presented to Council for its determination.
However, given the small scale of the proposal and the legality of gambling activity regulated by
State legislation, the application is recommended for approval.
Executive Recommendation
That Council, in accordance with the Planning and Development Act 2005 (as amended) hereby
resolves to approve the additional use of ‘betting agency’ at Lot 8 (#135) Ocean Drive, South
Bunbury (DA 2018/92/1) subject to the following conditions of development approval:
1. At all times, the development the subject of this development approval must
comply with the definition of ‘betting agency’ as contained in Schedule 1 of the City
of Bunbury Local Planning Scheme No. 8.
2. All development shall be in accordance with the approved development plans
(attached) which form part of this development approval.
3. The signage and advertisements shall be professionally made and kept clean and
maintained free of dilapidation at all times.
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Minutes – Council Meeting
4. All works required to satisfy a condition of this approval are required to be
installed/ constructed and maintained in accordance with the approved plans and
conditions of approval for the life of the development.
5. This development approval will expire if the development has not substantially
commenced within two years from the date of issue of the approval or within an
extended period of time for which the City of Bunbury has granted prior written
consent.
Advice Notes:
(a) The City of Bunbury advises that where a development approval contains conditions which
are required to be discharged before development commences, to commence
development before those conditions are discharged means that the development is not
pursuant to the planning permission and is therefore unauthorised development.
(b) An application for an extension of time to an existing development approval shall require a
formal written request, signed by both the land owner and applicant (if applicable) and the
payment of the appropriate application fee (as per the Council's Fees & Charges Schedule),
details of the relevant development approval are required (eg. DA number, date of
approval, property address). An application shall be received within one month prior to the
expiration of the Development approval.
(c) The development the subject of this development approval is also regulated by the
Western Australia Building Act 2011, Building Regulations 2012 and Building Code of
Australia. A separate building permit must be granted before the development
commences, where offences occur statutory penalties apply. The owner is advised to liaise
further with the City of Bunbury’s Building Services on (08) 9792 7000.
(d) The development the subject of this development approval must comply with the
requirements of the Health (Miscellaneous Provisions) Act 1911.
(e) The development must comply with the requirements of the Health (Public Buildings)
Regulations 1992. Regardless of the whether a building permit is required, application shall
be made to the City of Bunbury’s Environmental Health Services for assessment and
approval prior to the commencement of development. Two sets of scaled plans (minimum
of 1:100) and specifications shall be submitted to Environmental Health Services and shall
include the following information:
(i) Location and width of emergency exits;
(ii) Location of emergency exit signage;
(iii) Location and number of sanitary facilities;
(iv) Emergency lighting; and
(v) Intended use of each public building area.
A final inspection of the premises will be required to be carried out by Environmental
Health Services prior to commencing operation. In particular, the building must not be
opened to the public until a Certificate of Approval or a Variation of Certificate of Approval
has been issued by the City in accordance with section 178 of the Health (Miscellaneous
Provisions) Act 1911. Further information can be obtained from the City of Bunbury’s
Environmental Health Services on (08) 9792 7100
(f) Exits are not to be obstructed by the addition of the betting infrastructure.
(g) Certificate of electrical compliance is required to be completed by a qualified person for
works undertaken to the premises.
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Minutes – Council Meeting
Strategic Relevance
Theme 2: Our Economy
Goal: A thriving and dynamic economy, that plays to its strengths, and
confidently presents to the world.
Objective 2.1 Bunbury builds on its competitive advantages, supports innovation and
celebrates business success
Theme 3: Our Places and Spaces
Goal: A natural and built environment that reflects Bunbury’s core values.
Objective 3.2 An irresistible city centre, with thriving businesses and a vibrant inner-city
residential community
Objective 3.6 The public health and amenity of the community is protected
Background
A summary table of details relating to the subject site are as follows:
Property Address: Lot 8 (#135) Ocean Drive Bunbury
Zoning: Tourism Zone
Existing Land Use: Tavern
Lot Area: 1944m2
Legislative and Council Policy Compliance
The following statutory planning instruments of the State Planning Framework and Local Planning
Framework are applicable to the assessment of this application for development approval:
- Planning and Development Act 2005
- Racing and Wagering Western Australia Act 2003
- Planning and Development (Local Planning Schemes) Regulations 2015
- City of Bunbury Local Planning Scheme No.8
- City of Bunbury Local Planning Strategy
Officer Comments
The proposal seeks to establish a PubTAB terminal system on site which will allow patrons to place
wagers and receive payouts on sporting and racing events. As per the attached plans, the terminals
are three touch screens to be placed within the existing building with associated signage also
proposed.
Although small in scale relative to a dedicated TAB facility, a PubTAB terminal is defined as a
‘betting agency’, as per the definition provided in Local Planning Scheme (the Scheme).
‘Betting agency means an office or totalisator agency established under the Racing and Wagering
Western Australia Act 2003’.
A totalisator is defined under the Act as ‘any other machine, instrument or contrivance of a like
nature…’ with a totalisator agency defined as ‘any totalisator agency established and operated
under this Act and includes any premises on which wagers may be made on a race or event through
or with RWWA.”
Page 2610 July 2018
Minutes – Council Meeting
As per the Zoning Table (Table 3 of the Scheme) a betting agency is an ‘A’ use in the ‘Tourism Zone’
and is not permitted unless the local government has exercised its discretion by granting
development approval after giving notice in accordance with clause 64 of the deemed provisions.
In exercising its discretion to grant development approval or refusal, Council is to have due regard
to the matters to be considered as specified at clause 67 of the deemed provisions. The clauses
relevant to this proposal are listed below.
(a) the aims and provisions of this Scheme and any other local planning scheme
operating within the Scheme area;
(b) the requirements of orderly and proper planning including any proposed local
planning scheme or amendment to this Scheme that has been advertised under the
Planning and Development (Local Planning Schemes) Regulations 2015 or any other
proposed planning instrument that the local government is seriously considering
adopting or approving;
…
(l) the amenity of the locality including the following —
(i) environmental impacts of the development;
(ii) the character of the locality;
(iii) social impacts of the development;
(t) the amount of traffic likely to be generated by the development, particularly in
relation to the capacity of the road system in the locality and the probable effect on
traffic flow and safety;
(x) the impact of the development on the community as a whole notwithstanding the
impact of the development on particular individuals;
(y) any submissions received on the application;
(za) the comments or submissions received from any authority consulted under clause 66;
(zb) any other planning consideration the local government considers appropriate.
Amenity of the Locality:
In approving any proposed development, Council should seek to protect the amenity of a locality,
with particular focus on the environmental impacts, the existing character and the social impacts of
the development.
Amenity is defined in the deemed provisions as:
‘…all those factors which combine to form the character of an area and include the
present and likely future amenity.’
The tavern is an approved and existing long term land use, and as such, it is considered to be a
contributing component to the character and overall amenity of the area. In assessing the
appropriateness of the application, it must be examined whether the proposal is of a sufficient
scale to materially affect the nature of the existing land use (tavern) and consequently impact the
amenity of the wider locality.
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Minutes – Council Meeting
The proposal is contained entirely within the existing building with no additional built form
proposed beyond signage and a satellite antenna on the roof, neither of which require a building
permit.
As an incidental and ancillary use it is not considered that patrons will attend the site with the
express purpose of using the system to place a wager. Rather it is offered as a complementary
service to those visiting the tavern for a drink or meal.
Further, the automated nature of the system is such that additional staff are not required. Given
the small scale and ancillary nature of the proposal, it can be considered that any impacts on the
existing amenity would be minimal.
Parking and Traffic:
Schedule 4 of the Scheme sets out the parking requirements for the land uses listed in the zoning
table with a betting agency required to provide the following:
- 1 bay per 30 square metres of nla used for the purposes of administration or accounting;
plus
- 1 bay per 20 square metres of nla open to the public
It is taken into consideration that the figures provide above are in relation to a standalone TAB
facility, such as the premises at #6 Strickland Street. In this instance, the proposal is of a small scale
facility that is incidental to the predominant use of the site (as a tavern). The terminal system is
automated and does not require additional staff or a back-of-house area for the purpose of
accounting or administration.
As discussed above, the proposal is considered an ancillary use that will not generate demand
significant enough to justify an upgrade to the existing parking with the current road network
capable of accommodating traffic demand.
Submissions:
The objections from neighbouring landowners cited a number of concerns, including parking,
increased noise/anti-social behaviour and the moral appropriateness of a gambling facility in a
residential area, particularly in proximity to families.
Parking and traffic impacts have been discussed above and are not considered an issue due to the
ancillary nature of the proposed land use. Similarly, an increase in noise/anti-social behaviour is
not considered a reasonable assumption in this circumstance.
As outlined previously, the betting facility is not of a sufficient scale to materially impact the nature
of the existing land use or generate additional customer demand to such an extent as to amplify
any existing impacts. As an ancillary land use, the betting agency is offered as a complementary
service for patrons.
The noise and anti-social behaviour concerns flagged by all the submitters are a result of the
existing land use (Tavern). While adjacent landowners may feel that the tavern negatively impacts
on the amenity of surrounding properties, it is not the role of this planning assessment to
interrogate the circumstances of any previous planning approval or the day-to-day operation of the
tavern.
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Minutes – Council Meeting
In regards to the morality of the proposal, it is important to clarify that gambling is a legal activity
regulated by the State, and moral objections are not a basis for refusal on town planning grounds.
As outlined in the Development Assessment Panel Practice Notes: Making Good Planning Decisions
‘Moral considerations are irrelevant unless they manifest in a physical impact on
amenity. If a use is permitted under the scheme, and is not illegal in a general sense,
then there are no grounds to refuse it on that basis alone. That said, a development
application can be refused provided the decision is made on proper planning grounds. As
stated in Snashall v Sydney City Council (1981) 46 LGRA 88 at [96]:
“A planning authority is not a custodian of morals. However, that does not mean
that, under the guise of tolerance, it should turn its back on considerations of
urban amenity and aesthetics.”’
As discussed above, the proposal is not considered to impact on the locality in terms of amenity.
The proposal is a small scale ancillary use contained entirely within the existing building with no
changes to the traffic system/parking or built form.
Further, it should be noted that due to technological advances, the proposed facilities are no
different to what any adult can legally access on their smart phone through the relevant smart
phone application or via on-line gambling website. In this sense, the moral danger of a betting
facility adjacent to a residential area is less significant when betting is readily available whether at
home, at work or at the local tavern.
As the responsible state agency for approving betting agencies, Racing and Wagering Australia
(RWWA) will be responsible for ensuring the contracted agent (Hollow Tavern) and its employees
undergo formal training in the operation of the agency and responsible wagering.
Analysis of Financial and Budget Implications
If the applicant is aggrieved by Council’s decision they may apply for a review of the decision
through the State Administrative Tribunal (SAT). If the decision is forwarded to SAT for appeal, the
City of Bunbury may incur legal costs.
Community Consultation
The proposal was referred to immediate neighbouring properties and placed for advertising on the
City website and the newspaper. Submissions are attached in the Schedule of Submissions at
Appendix DPDS-3.
Councillor/Officer Consultation
The proposal has been referred to the City of Bunbury’s Development Coordination Unit (DCU) for
professional advice and technical assessment prior to the finalisation of this report
Applicant Consultation
The Officers recommendation has been communicated with the applicant.
Page 2910 July 2018
Minutes – Council Meeting
Outcome – Council Meeting 10 July 2018
Mr Barry Barstow addressed Council in relation to this item.
The Executive Recommendation (as printed) was moved Cr Miguel, and seconded Cr Brown
The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the
matter.
Council Decision 218/18
That Council, in accordance with the Planning and Development Act 2005 (as amended) hereby
resolves to approve the additional use of ‘betting agency’ at Lot 8 (#135) Ocean Drive, South
Bunbury (DA 2018/92/1) subject to the following conditions of development approval:
1. At all times, the development the subject of this development approval must comply with the
definition of ‘betting agency’ as contained in Schedule 1 of the City of Bunbury Local
Planning Scheme No. 8.
2. All development shall be in accordance with the approved development plans (attached)
which form part of this development approval.
3. The signage and advertisements shall be professionally made and kept clean and maintained
free of dilapidation at all times.
4. All works required to satisfy a condition of this approval are required to be installed/
constructed and maintained in accordance with the approved plans and conditions of
approval for the life of the development.
5. This development approval will expire if the development has not substantially commenced
within two years from the date of issue of the approval or within an extended period of time
for which the City of Bunbury has granted prior written consent.
CARRIED
7 votes “for” / 4 votes “against”
Cr Smith, Cr Kelly, McCleary and Cr Steele voted against the motion
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