MINUTES COUNCIL MEETING 3 MARCH 2022 - Agendas and Minutes
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MINUTES COUNCIL MEETING 3 MARCH 2022
2
TABLE OF CONTENTS
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS: ....... 4
2. ANNOUNCEMENTS BY THE PRESIDENT: ............................................ 4
3. ATTENDANCE: ........................................................................................ 4
4. DECLARATIONS OF INTEREST: ............................................................ 5
5. PUBLIC QUESTION TIME:....................................................................... 5
6. PRESENTATIONS: ................................................................................ 10
7. CONFIRMATION OF MINUTES: ............................................................ 10
8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN: .......... 10
9. COUNCIL OFFICERS’ REPORTS: ........................................................ 10
28725 9.1.1 October to December 2021 Quarterly Report -
Office of the CEO ............................................................. 12
28726 9.2.1 Request for Further Extension to Time Restriction
for Development Completion - Lease Site 526
Windy Harbour ................................................................. 14
28727 9.2.2 Quarterly Report - October to December 2021 -
Business Directorate ........................................................ 17
28728 9.5.1 Quarterly Report - October to December 2021 -
Director of Development and Regulation .......................... 19
28729 9.5.2 Proposed Adoption of Revised Local Planning
Policy 6.1.17 Greenlands Estate Development
Standards ......................................................................... 21
28730 9.5.3 Proposed 'Use Not Listed' Frost Fans at Lot 12911
Tannin Road, Dixvale ....................................................... 24
28731 9.5.4 Request for Reconsideration of Conditions of
Approval - Retrospective Clearing at Lot 101
Plackett Drive, Pemberton ................................................ 30
28732 9.7.1 Application for the Keeping of More Than Two
Dogs at Lot 36 (33) Graphite Road, Manjimup ................. 36
28733 9.7.2 Application for the Keeping of More Than Two
Dogs at Lot 23 (32) Brain Street, Manjimup ..................... 41
28734 9.9.1 Request for Reduction of Town Hall/ Kitchen Hire
Fees and Charges - Variety Club Concert 5
November 2022 ................................................................ 47
28735 9.12.1 Proposed Closure and Amalgamation of a Portion
of Un-Constructed Road Reserve in the Vicinity of
Wheatley Coast Road and Cederman Road,
Crowea ............................................................................. 51
28736 9.13.1 Proposed Budget Amendment for Drainage Works
Adjacent 80 (Lot 156) Rose Street, Manjimup .................. 55
28737 9.13.2 Proposed Budget Amendment for the Supply of
Bitumen Patching Truck ................................................... 58
28738 9.16.1 Unconfirmed Minutes of the Manjimup Rea Park
and Collier Street Redevelopment Advisory
Committee Meeting held 8 February 2022 ....................... 61
28739 9.16.2 Unconfirmed Minutes of Walpole Town Activation
Advisory Committee Meeting held on 10 February
2022 ................................................................................. 64
Minutes - Ordinary Meeting of Council - 3 March 20223
28740 9.16.3 Unconfirmed Minutes of the Manjimup Recreation
Advisory Committee Meeting held 14 February
2022 ................................................................................. 68
28741 9.16.4 Proposed Endorsement of Nominees -
Reconciliation Action Plan Advisory Committee ............... 70
28742 9.16.5 Unconfirmed Minutes of the Access & Inclusion
Advisory Committee Meeting held 17 February
2022 ................................................................................. 75
10. LATE REPORTS: ................................................................................... 78
11. QUESTIONS FROM MEMBERS: ........................................................... 78
12. MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING .. 78
13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY
DECISION OF THE MEETING: .............................................................. 78
14. APPLICATIONS FOR LEAVE OF ABSENCE:........................................ 78
15. CLOSURE: ............................................................................................. 78
ATTACHMENT 5.2.3(1)…………………………………………………………...79
ATTACHMENT 5.2.4(1)…………………………………………………………...80
ATTACHMENT 5.2.5(1)……………………………………………………...……81
Minutes - Ordinary Meeting of Council - 3 March 20224
SHIRE OF MANJIMUP
Minutes of the Ordinary Meeting of Council held in the Northcliffe Town Hall,
Thursday, 3 March 2022.
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS:
The Shire President declared the meeting open and acknowledged
former Councillor Jenny MacDonald in the Gallery.
2. ANNOUNCEMENTS BY THE PRESIDENT:
The Shire President made the following announcements:
I attended Local Government Insurance Scheme Western
Australia Board Meeting and Strategic Planning.
I attended Manjimup Senior High School Board Meeting.
I attended the Sawmill and Forest Logging Meeting.
I attended the South Western Australia Local Government
Association Meeting in Donnybrook with the Chief Executive
Officer.
I attended the Pemberton Aged Accommodation Inc. Board
Meeting.
I attended the Warren-Blackwood Futures hosted by South West
Development Commission.
I met with the Honourable Steve Thomas MLC.
I attended three Native Forest Transition Meetings.
3. ATTENDANCE:
PRESENT:
Councillors
Cr P Omodei (Shire President)
Cr D Buegge
Cr W Eiby
Cr D Jenkins
Cr K Lawrence
Cr K Skoss
Cr R Taylor
Cr M Ventris
Cr J Willcox
Cr C Winfield
Staff
Mr Greg Lockwood (Acting Chief Executive Officer)
Ms Gail Ipsen Cutts (Director Community Services)
Mr Brian Robinson (Director Development & Regulation)
Mr Michael Leers (Director Works & Services)
Ms Gaye Burridge (Corporate Administration Officer)
Mr Jason Giadresco (Senior Governance Officer)
Minutes - Ordinary Meeting of Council - 3 March 20225
Gallery
Julian Sharp Damien Kavanagh
Jo Hanna Alana Moorman
Rodger Seares David Chandler
Jenny MacDonald Jim Sale
Bevan Hall Debbie Hall
Laraine Minchin Robert Minchin
Gaye Van Hazendonk
Media
Ben Loughran
3.1 Apologies:
Councillor Susan Dawson Vidovich is an apology for this
meeting.
3.2 Leave Of Absence: Nil.
4. DECLARATIONS OF INTEREST:
The Acting Chief Executive advised that he has received one
Impartiality Interest declaration from Councillor Eiby for Item 9.16.4.
Councillor Eiby declared an Impartiality Interest in Item 9.16.4 as she
holds the position of community member on the Reconciliation Action
Plan Advisory Committee.
5. PUBLIC QUESTION TIME:
5.1 Response to public questions taken on notice: Nil.
5.2 Public Question Time
5.2.1 Sarah Goddard - 32 Brain Street, Manjimup. Re: Item 9.7.2
Application for the Keeping of More Than Two Dogs at Lot 23 (32)
Brain Street Manjimup.
I would like to address the issue of barking dogs over the
Christmas period. It was due to a visiting dog.
I would like to consider desexing the older dog Blossom as a
way for me to keep three dogs.
There is already a precedent for approval to keep three dogs
with one of the dogs being desexed. If I had known I would
have sterilised Blossom. I was told by one of the Rangers that it
would not be needed.
The property is considerably larger than the average home and
large enough for keeping three dogs.
All the dogs are exceptionally well behaved in and out of the
property.
The Mastiff breed is well known for its docile temperament and
for being great family dogs.
Should this be rejected I am considering taking this to the State
Administrative Tribunal.
Minutes - Ordinary Meeting of Council - 3 March 20226
5.2.2 David Chandler 518 Dachet Road, Crowea.
It is in relation to the re-sheeting of Dachet Road.
I have been trying to get some gravel on it since 2010.
In 2016 about 50m was done on the worst corner.
In 2018, after Councillor Eiby was elected, Catherine Scollan
wrote that Dachet Road was in the 10 year forward estimate
Capital Works Plan and was slated to be done in 2021/2022.
Is it going to be done and when is it going to be done.
Director Works and Services responded: The only notice I can find
of re-sheeting Dachet Road is in the Forward Capital Works Plan for
2028/2029.
5.2.3 Jim Sale - 784 Tattenham Road, Meerup.
Mr Sale read from a prepared statement as shown in Attachment
5.2.3(1).
ATTACHMENT: 5.2.3(1)
The Acting Chief Executive Officer responded: If a developer is
required to make a contribution to the future upgrade of adjoining roads
the following will occur:
If the upgrade of the adjoining roads as part of the subdivision
is in budget, upon receipt of the payment the project is
confirmed and funds will be used;
If the funds are for future works on adjoining roads and
unbudgeted, the funds will be set aside for future use.
The funds are not held in trust, as the trust account is only used when
legislation prescribes it.
The trigger point for the funds to be expended is when the road
upgrades form part of the Road Infrastructure Budget, per the 15 Year
Forward Capital Works Program.
Funds that have been receipted for such a purpose are to be used on
the intended roads and no decisions have been made to use the
funding elsewhere.
Shire of Manjimup currently holds $20,000 for works to be carried out
on Gumnut Rd which was receipted back in 2010. The expenditure of
this funding is a decision of Council through the budget process.
5.2.4 Roger Seares 762 Hill Brook Road, Crowea.
Mr Seares read from a prepared statement as shown in
Attachment 5.2.4 (1).
ATTACHMENT 5.2.4(1)
5.2.5 Julian Sharp - 75 Hawke Road, Yeagarup.
Mr Sharp read from a prepared statement as per Attachment
5.2.5 (1).
Minutes - Ordinary Meeting of Council - 3 March 20227
ATTACHMENT 5.2.5(1)
The Shire President responded: I believe you participated in the
Strategic Planning processes we conducted late last year, which we do
every two years. You would know that we have covered them in the
Strategic Plan. We have made decisions jointly with the Shire’s of
Donnybrook/Balingup, Bridgetown Greenbushes, Nannup and
ourselves.
With regard to mining in the Shire we don’t have a formal positon about
exploration. I believe it is beyond our control and is controlled by the
State Government. It would be pointless for us to have a position
where we didn’t support exploration, I think it is beyond our powers.
I am more than happy to meet with you and further discuss the
direction the Shire of Manjimup is taking.
5.2.6 Bevan Hall - 501 Yanmah Road, Dixvale.
This Saturday we have been on our farm for 100 years.
We want to put a couple of fans in to look after our investment in
avocadoes. It is a huge cost however we believe it is worth it.
We live in a high frost prone area.
We have spoken to the neighbours and they have no problems
or objections.
We would like to use the fans in November, December to protect
the flowers and fruit that is already on the trees.
You can protect them with water, however the trees are getting
bigger, the frost is still there and can burn off the next crop.
90% of the year the fans won’t be going.
We have added another blade to the fans to help quieten the
fans down more.
The 35 decibels you have recommended is totally unachievable.
One fan would have to be 2.3 kilometres away and the second
fan would have to be 2.7 kilometres away. There is not one
farm in Manjimup or Pemberton which would meet these
requirements.
There is a fan 2.5 kilometres from us. 1.4 kilometres is the
radius we have 5 houses in that area.
The other fan has 3 times the houses around it. Has there been
a precedent set on getting a permit?
The Director Development and Regulation responded: There has
been no approvals granted by the Shire in respect of frost fans. There
is some investigation occurring in respect of noise levels. We haven’t
received a formal complaint, we have received contact from an
adjacent land owner expressing concern over those noise levels. We
are awaiting a letter of complaint to arrive.
Minutes - Ordinary Meeting of Council - 3 March 20228
5.2.7 Alana Moorman - 144 Boorara Road, Northcliffe.
Our retirement village people are unable to access the footpath
across the road because there is a puddle in the roadway that is
there for about 9 months of the year.
What I would like to see happen is a footpath being put along
the Retirement Village side of Meerup Street, just down to the
Nursing Post and they can safely access the road down that
end.
When I raised it with Wendy Eiby she said it should have been in
the Footpath Strategy. When the Strategy was done Meerup
Street had not been built.
There is also the issue of the disabled parking bay leading on to
the footpath, outside the public toilets.
The camber on the road is incredibly steep. To get to the
footpath there is rubble and broken pavers everywhere.
What plans are there to make the disabled parking bay at the
Town Hall useful?
HACC services are run by the Shire.
The shopping bus was cancelled without any notice leaving
Jean Brown standing outside waiting for it. When she rang she
was told the shopping bus would not be running to Northcliffe
anymore because HACC have overspent.
While the Family Centre has picked that service up, we are not
funded to do that. If HACC is funded to do that why aren’t they
doing it for our people in Northcliffe?
A lot of these people don’t have driver’s licences, we have no
public transport, they can’t get anywhere unless they rely on
family or friends, if they have any in the area.
They have a monthly trip away bus and they were told today or
yesterday that it has been cancelled because Pemberton has
filled it up.
It is supposed to be Northcliffe’s trip. It is on the Northcliffe
week and while we have no problem joining with Pemberton.
It is really unkind to be withdrawn peremptorily.
The Shire President responded: Your comments have been taken
on board and will be addressed through your Councillor.
5.2.8 David Chandler 518 Dachet Road, Crowea.
When we had the 2015 Northcliffe fires we had public meetings
and we had a post fire meeting and the State Government
promised to:
1. double the size of the town water supply.
2. to increase mobile communication.
I live 7 kilometres out of town as the crow flies and this Texas oil
rig we have is supposed to be a mobile tower but when it
drizzles we have no signal.
We really need better communications.
The Shire President responded: Telecommunications is a
Commonwealth matter and we have a Liberal Member. The
Minutes - Ordinary Meeting of Council - 3 March 20229
Telecommunications Minister Bridget McKenzie said recently there has
been $36 million spent on towers and we have been and continue to
pursue. The issue of reception has been an issue right across the
State particularly in the South West and particularly during the school
holidays. We are told it is to do with bandwidth and power.
The issue of telecommunications is a priority as far as the future of the
South West. We have raised it with the South West Local Government
Association and with the Premier by letter recently.
In relation to the water supply there is a report out by the Water
Corporation where they talk about extending water supplies for
Manjimup, Bridgetown and Pemberton. In relation to Northcliffe piping
water from Pemberton to Northcliffe which does not make sense. We
will be raising that issue with them. There is plenty of water close to
Northcliffe. There is plenty of water within 10 kilometres of Northcliffe.
We are aware of those issues and they are high on our priority list.
5.2.9 Gaye Van Hazendonk 1636 Muirillup, Boorara Brook.
There is the constant issue with roads.
I understand it is a big Shire with a lot of roads.
I would like to know the percentage of Rates that is put towards
roads.
I believe it is a safety issue.
There are a lot of trucks using the roads and there is not a lot of
room for 2 vehicles on the road.
Rubbish services. I understand people in town pay more for
their rates to access those services.
For people in Northcliffe you either have to be able to access the
rubbish tip on Tuesday afternoons or on a Saturday morning.
Windy Harbour rubbish is of great concern to me. Is there a
green bin there or is it just buried?
The Director Works and Services responded: There is a transfer
station at Windy Harbour.
Housing is a huge issue in the Northcliffe, Pemberton and
Walpole areas. We can’t get people to work because there is
nowhere for them to rent. They can’t buy because there is no
new land available. There is no affordable accommodation. No
short term or long term accommodation available.
It took 5 years to get our road graded and then only because we
withheld our rates for 2 years.
The Shire President responded: The points you make, many of
which are valid. In relation to the specific question relating to the
percentage of Shire funds 20.2% are spent on roads. The Shire has
extensive road infrastructure. 1,300 kilometres, 500 kilometres of
bitumen and 800 kilometres of gravel. At this time of the year they are
in their poorest condition and until we get some rain we would be
Minutes - Ordinary Meeting of Council - 3 March 202210
wasting our time. Telecommunications and housing are the two
highest priorities for the Shire. The Shire area is 7,000 2 kilometres of
which 14.6% is rateable. The other 86 percent is held in National
Parks, forests and reserves and there are a lot of roads that traverse
that. We are always prosecuting the case for more funds for roads.
6. PRESENTATIONS:
6.1 Petitions: Nil.
6.2 Presentations: Nil.
6.3 Deputations
6.3.1 A deputation was presented to Council by Damien Kavanagh
regarding Item 9.5.4 Request for Reconsideration of Conditions of
Approval - Retrospective Clearing at Lot 101 Plackett Drive,
Pemberton.
6.4 Delegates’ reports: Nil.
6.5 Conference reports: Nil.
7. CONFIRMATION OF MINUTES:
MOVED: Eiby, W SECONDED: Taylor, R
28724
That the Minutes of the Ordinary Meeting of the Council held on
10 February 2022 be confirmed.
CARRIED: 10/0
8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN: Nil.
9. COUNCIL OFFICERS’ REPORTS:
9.1.1 October to December 2021 Quarterly Report - Office of the CEO
9.2.1 Request for Further Extension to Time Restriction for Development
Completion - Lease Site 526 Windy Harbour
9.2.2 Quarterly Report - October to December 2021 - Business
Directorate
9.5.1 Quarterly Report - October to December 2021 - Director of
Development and Regulation
9.5.2 Proposed Adoption of Revised Local Planning Policy 6.1.17
Greenlands Estate Development Standards
9.5.3 Proposed 'Use Not Listed' Frost Fans at Lot 12911 Tannin Road,
Dixvale
9.5.4 Request for Reconsideration of Conditions of Approval -
Retrospective Clearing at Lot 101 Plackett Drive, Pemberton
9.7.1 Application for the Keeping of More Than Two Dogs at Lot 36 (33)
Graphite Road, Manjimup
9.7.2 Application for the Keeping of More Than Two Dogs at Lot 23 (32)
Brain Street, Manjimup
9.9.1 Request for Reduction of Town Hall/ Kitchen Hire Fees and
Charges - Variety Club Concert 5 November 2022
9.12.1 Proposed Closure and Amalgamation of a Portion of Un-
Minutes - Ordinary Meeting of Council - 3 March 202211
Constructed Road Reserve in the Vicinity of Wheatley Coast Road
and Cederman Road, Crowea
9.13.1 Proposed Budget Amendment for Drainage Works Adjacent 80
(Lot 156) Rose Street, Manjimup
9.13.2 Proposed Budget Amendment for the Supply of Bitumen Patching
Truck
9.16.1 Unconfirmed Minutes of the Manjimup Rea Park and Collier Street
Redevelopment Advisory Committee Meeting held 8 February
2022
9.16.2 Unconfirmed Minutes of Walpole Town Activation Advisory
Committee Meeting held on 10 February 2022
9.16.3 Unconfirmed Minutes of the Manjimup Recreation Advisory
Committee Meeting held 14 February 2022
9.16.4 Proposed Endorsement of Nominees - Reconciliation Action Plan
Advisory Committee
9.16.5 Unconfirmed Minutes of the Access & Inclusion Advisory
Committee Meeting held 17 February 2022
Minutes - Ordinary Meeting of Council - 3 March 202212
ATTACHMENT
9.1.1 October to December 2021 Quarterly Report - Office of the
CEO
PROPONENT Chief Executive Officer
OWNER N/A
LOCATION / ADDRESS: Whole of Shire
WARD: All
ZONE: All
DIRECTORATE: Office of the CEO
FILE REFERENCE: F160966
LEGISLATION: Local Government Act 1995
AUTHOR: Andrew Campbell
DATE OF REPORT: 15 February 2022
DECLARATION OF INTEREST: Nil
BACKGROUND:
A report outlining activities for quarter ending 31 December 2021 for the Office
of the Chief Executive Officer is attached.
ATTACHMENT: 9.1.1 (1)
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
COMMENT (Includes Options):
The report outlines progress on key activities undertaken by the Office of the
CEO for the quarter and focus for the forthcoming quarter. The purpose of the
report is to inform Councillors and provide an opportunity to respond to any
queries arising on those activities.
STATUTORY ENVIRONMENT:
Nil.
POLICY / STRATEGIC IMPLICATIONS:
Nil.
FINANCIAL IMPLICATIONS:
Nil.
SUSTAINABILITY:
Environmental: Nil.
Economic: Nil.
Social: Nil.
Minutes - Ordinary Meeting of Council - 3 March 202213
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That Council receive the October to December 2021 Quarterly Report –
Office of the CEO as contained in Attachment: 9.1.1(1).
COUNCIL RESOLUTION:
MOVED: Taylor, R SECONDED: Eiby, W
28725
That Council receive the October to December 2021 Quarterly Report –
Office of the CEO as contained in Attachment: 9.1.1(1).
CARRIED: 10/0
Minutes - Ordinary Meeting of Council - 3 March 202214
ATTACHMENT
9.2.1 Request for Further Extension to Time Restriction for
Development Completion - Lease Site 526 Windy Harbour
PROPONENT S & F Karamfiles
OWNER Crown (Management Order to Shire)
LOCATION / ADDRESS: Site 526 Gregory Way, Windy Harbour
WARD: Coastal
ZONE: Special Use Zone No 5
DIRECTORATE: Business
FILE REFERENCE: F161060
LEGISLATION: Local Government Act 1995
Land Administration Act 1997
AUTHOR: Jasmine Bamess
DATE OF REPORT: 18 February 2022
DECLARATION OF INTEREST: Nil
BACKGROUND:
A 20 year lease of Site 526 Windy Harbour was granted to the proponents in
2015, being one of twelve vacant lease sites released by tender. A condition
of purchase included, that construction of an approved dwelling was to be
completed within five years, being 14 May 2020.
The proponents previously requested an extension of time to the original
development condition. Council resolved at the meeting of 13 February 2020
(28139) to:
Grant an extension to the ‘time restriction for development completion’
condition relating to the lease of Site 526 Windy Harbour, that an approved
dwelling is to be fully constructed by 8 March 2022, subject to an extension to
the building permit being obtained, or the default conditions will apply.
A building permit was issued for Site 526 in March 2016, extended in 2018 to
March 2020 and then extended to March 2022.
The dwelling is now built to ‘lock up’ stage, however as it is not fully
constructed the proponents have requested an additional two year extension
to fully complete the build.
ATTACHMENT: 9.2.1(1)
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
COMMENT (Includes Options):
The purpose of the time restriction for development completion being included
in the purchase conditions was to ensure orderly and timely development
occurred without sites remaining vacant for an extended period. The five year
period from settlement is considered an adequate timeframe for completion of
a dwelling.
Minutes - Ordinary Meeting of Council - 3 March 202215
The original lease purchase conditions are now in default as a dwelling has
not been fully constructed within the five year period or two year extension.
The Council resolution of 13 February 2020 noted that the default conditions
would apply if the dwelling was not fully completed by 8 March 2022. The
default conditions include the following options for the Shire of Manjimup:
1. the right to elect to repurchase the lease for the original tender price;
2. where the lease site is partially improved, the right to elect to
repurchase the lease at a price determined by a valuation from the
Valuer General;
3. permission may be granted to the lessee to sell the lease, including
within a specified period; or
4. commence default proceedings and resell the lease, retaining any
surplus in excess of the original tender price and sale expenses or
recovering any loss from the lessee.
Whilst it is not ideal to have unfinished buildings within the settlement, due to
the Federal Government’s stimulus funding, any building development being
undertaken in the past 2 years has suffered from major supply chain issues
with building materials and also the availability of specialist contractors.
Notwithstanding this, in consideration of the build being at lock up stage and
therefore substantially complete, Council may consider granting a further
extension to allow the proponents to complete the build, rather than pursue
sale of the lease with a buyer being required to complete the works.
STATUTORY ENVIRONMENT:
Nil.
POLICY / STRATEGIC IMPLICATIONS:
Development timeframes for some of the twelve lease sites released in 2015
have been varied from the original 2020 timeframe due to two being sold at a
later date and resale of leases.
ORGANISATIONAL RISK MANAGEMENT:
Approving a further extension may set a precedent, with four other lease sites
that have not completed development and potential for future release of
additional Windy Harbour lease sites. It may give a perception that the time
restriction for development completion and default conditions will not be
enforced and that extensions will be granted.
Five years was considered a reasonable timeframe when the vacant sites
were released in 2015, a further extension for Site 526 will be almost nine
years.
Minutes - Ordinary Meeting of Council - 3 March 202216
FINANCIAL IMPLICATIONS:
Nil.
SUSTAINABILITY:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
That Council grant an extension to the ‘time restriction for development
completion’ condition relating to the lease of Site 526 Windy Harbour,
that an approved dwelling is to be fully constructed by 8 March 2024,
subject to an extension to the building permit being obtained, and
advise the proponent that no further extensions will be considered.
MOVED: Jenkins, D SECONDED: Winfield, C
COUNCIL RESOLUTION
28726
That Council grant an extension to the ‘time restriction for development
completion’ condition relating to the lease of Site 526 Windy Harbour,
that an approved dwelling is to be fully constructed by 8 March 2025,
subject to an extension to the building permit being obtained.
CARRIED: 10/0
Minutes - Ordinary Meeting of Council - 3 March 202217
ATTACHMENT
9.2.2 Quarterly Report - October to December 2021 - Business
Directorate
PROPONENT Shire of Manjimup
OWNER Shire of Manjimup
LOCATION / ADDRESS: Shire of Manjimup
WARD: All
ZONE: N/A
DIRECTORATE: Business
FILE REFERENCE: F160966
LEGISLATION: Local Government Act 1995
AUTHOR: Greg Lockwood
DATE OF REPORT: 4 March 2022
DECLARATION OF INTEREST: Nil
BACKGROUND:
A report outlining activities for the quarter ending December 2021 for the
Business Directorate is attached.
ATTACHMENT: 9.2.2(1)
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
COMMENT (Includes Options):
The report outlines key activities that have occurred for the second quarter of
2021/2022. The purpose of the report is to inform Councillors and provide an
opportunity to respond to any queries arising from those activities.
STATUTORY ENVIRONMENT:
Nil.
POLICY / STRATEGIC IMPLICATIONS:
Nil.
ORGANISATIONAL RISK MANAGEMENT:
There is a medium risk with insignificant consequence to the organisation by
not regularly reporting the directorate’s progress to Council.
FINANCIAL IMPLICATIONS:
Nil.
SUSTAINABILITY:
Environmental: Nil.
Economic: Nil.
Social: Nil.
Minutes - Ordinary Meeting of Council - 3 March 202218
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That Council receive the October to December 2021 Quarterly Report –
Business Directorate as contained in the Attachment: 9.2.2(1).
COUNCIL RESOLUTION:
MOVED: Skoss, K SECONDED: Buegge, D
28727
That Council receive the October to December 2021 Quarterly Report –
Business Directorate as contained in the Attachment: 9.2.2(1).
CARRIED: 10/0
Minutes - Ordinary Meeting of Council - 3 March 202219
ATTACHMENT
9.5.1 Quarterly Report - October to December 2021 - Director of
Development and Regulation
PROPONENT Director of Development & Regulation
OWNER N/A
LOCATION / ADDRESS: Whole of Shire
WARD: All
ZONE: N/A
DIRECTORATE: Development & Regulation
FILE REFERENCE: F160966
LEGISLATION: Various
AUTHOR: Brian Robinson
DATE OF REPORT: 31 January 2022
DECLARATION OF INTEREST: Nil
BACKGROUND:
A report outlining the activities of the Development & Regulation Directorate is
attached for the period of October to December 2021 for Councillors
information and reference.
ATTACHMENT: 9.5.1(1)
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
COMMENT (Includes Options):
The purpose of this agenda item is to inform Councillors of activities
undertaken and to provide Councillors with an opportunity to raise queries in
respect of those activities.
STATUTORY ENVIRONMENT:
Various legislation as applicable to the activities undertaken within the
Development and Regulation Directorate.
POLICY / STRATEGIC IMPLICATIONS:
Nil.
ORGANISATIONAL RISK MANAGEMENT:
Nil.
FINANCIAL IMPLICATIONS:
All activities were undertaken in accordance with the Shire of Manjimup’s
2021/22 Annual Budget.
SUSTAINABILITY:
Environmental: As stated in Attachment.
Economic: As stated in Attachment.
Social: As stated in Attachment.
Minutes - Ordinary Meeting of Council - 3 March 202220
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That Council receive the October to December 2021 Quarterly Report for
the Development and Regulation Directorate as contained in
Attachment: 9.5.1(1).
COUNCIL RESOLUTION:
MOVED: Eiby, W SECONDED: Taylor, R
28728
That Council receive the October to December 2021 Quarterly Report for
the Development and Regulation Directorate as contained in
Attachment: 9.5.1(1).
CARRIED: 10/0
Minutes - Ordinary Meeting of Council - 3 March 202221
ATTACHMENT
APPENDIX
9.5.2 Proposed Adoption of Revised Local Planning Policy 6.1.17
Greenlands Estate Development Standards
PROPONENT Shire of Manjimup
OWNER Greenland Pty Ltd and Others
LOCATION / ADDRESS: Lots 103-121, Lot 9000 and Lot 9001 Golf
Links Road, Pemberton
WARD: West
ZONE: Special Use Zone No. 7
DIRECTORATE: Development and Regulation
FILE REFERENCE: F161518
LEGISLATION: Planning and Development Act 2005
AUTHOR: Jocelyn Baister
DATE OF REPORT: 7 February 2022
DECLARATION OF INTEREST: Nil
BACKGROUND:
At the 16 December 2021 Ordinary Council meeting, Council resolved
(Resolution 28655) to readvertise draft revised Local Planning Policy 6.1.17
Greenlands Estate Development Standards (draft Policy) and await a further
report on the draft document following the close of advertising.
A copy of the draft Policy, as endorsed by Council for the purposes of
advertising, is shown at Appendix A.
APPENDIX: 9.5.2(A)
With advertising now complete in accordance with Clause 2.4 of the Shire of
Manjimup Local Planning Scheme No.4 (the Scheme), Council is requested to
consider the adoption of the draft Policy.
As outlined within the Comment section below, Council is requested to
consider a minor amendment to the draft policy as advertised. A copy of the
proposed Policy for adoption is provided attached.
ATTACHMENT: 9.5.2(1)
PUBLIC CONSULTATION UNDERTAKEN:
Notices were placed in the Manjimup – Bridgetown Times and on the Shire of
Manjimup’s website in accordance with Clause 2.4.1 of the Scheme for a
period of 28 days. Submissions on the draft Policy were invited up to and
including 28 January 2022.
Two submissions were received during the consultation period. Copies of the
submissions are attached, with their contents discussed in the comment
section below.
ATTACHMENT: 9.5.2(2)
COMMENT (Includes Options):
Minutes - Ordinary Meeting of Council - 3 March 202222
As mentioned above, two submissions were received in response to
advertising of the proposed policy. The submissions suggested changes be
made to the policy on three completely unrelated elements being:
clarification of the depth of an eave to include the fascia and gutter;
clarification on site responsive design element and the side setback
permissibility for excavation; and
that the height of the dwellings be limited to not exceed 8 metres in
height and any forms of two storeyed development be designed to
incorporate second storey rooms into the roof space.
The following comments are offered to assist Council in considering the
submissions.
Eaves
The eave depth of 600mm as contained in the advertised draft incorporates all
elements that will provide shading. Therefore, Shire Officers consider that the
current provision addresses the submission and there is no need to further
modify the policy.
Site Responsive Design
One of the submitters stated that the Policy clause that refers to site
excavation for a single house appeared contradictory, where it allowed
excavation to be setback 5 metres from a boundary whereas a single house is
to be setback 10 metres. It is considered by Shire officers that the setback of
5 metres for excavation, drainage and circulation space around the building,
whilst maintaining a 10 metre setback to the home is an appropriate
approach.
The clause could however be made clearer by stating that it is only the
excavation and not the house permitted at 5 metres. The minor amendment to
the draft Policy is therefore recommended.
Building Height
One submitter requested consideration on a height restriction on dwellings to
ensure development does not dominate the skyline due to the location being
on or close to the crest of the hill. Shire Officers consider that the height
restrictions provided for in Local Planning Scheme No. 4 (being 9 metres)
adequately addresses the concerns of the submitter and any introduction of a
maximum height lesser than the Scheme would be contradictory to the higher
level planning documents. No further modification of the draft policy is
therefore recommended.
STATUTORY ENVIRONMENT:
Planning and Development (Local Planning Schemes) Regulations 2015
Schedule 2 Deemed Provisions and the Shire of Manjimup’s Local Planning
Scheme No.4.
POLICY / STRATEGIC IMPLICATIONS:
The draft policy will assist in the delivery of the following Strategies under the
Shire of Manjimup Strategic Community Plan 2021-31:
Minutes - Ordinary Meeting of Council - 3 March 202223
B10. Ensure the regulatory environment is easy to navigate and
development, business and industry-friendly.
E4. Develop policy established from well-researched and evidence-based
data.
ORGANISATIONAL RISK MANAGEMENT:
Nil.
FINANCIAL IMPLICATIONS:
Advertising cost associated with the final adoption of the Policy is met through
the Statutory Planning Operational Budget.
SUSTAINABILITY:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That Council:
1. In accordance with Part 2 of the Shire of Manjimup Local Planning
Scheme No. 4, adopts Local Planning Policy 6.1.17 – Greenland
Estate Development Standards as amended and shown at
Attachment: 9.5.2(1); and
2. Authorises the Chief Executive Officer to advertise adoption of the
policy as detailed in point 1 above, in accordance with Clause
2.4.3 of the Shire of Manjimup Local Planning Scheme No.4.
COUNCIL RESOLUTION:
MOVED: Eiby, W SECONDED: Lawrence, K
28729
That Council:
1. In accordance with Part 2 of the Shire of Manjimup Local Planning
Scheme No. 4, adopts Local Planning Policy 6.1.17 – Greenland
Estate Development Standards as amended and shown at
Attachment: 9.5.2(1); and
2. Authorises the Chief Executive Officer to advertise adoption of the
policy as detailed in point 1 above, in accordance with Clause
2.4.3 of the Shire of Manjimup Local Planning Scheme No.4.
CARRIED: 10/0
Minutes - Ordinary Meeting of Council - 3 March 202224
ATTACHMENT
APPENDIX
9.5.3 Proposed 'Use Not Listed' Frost Fans at Lot 12911 Tannin
Road, Dixvale
PROPONENT Australian Frost Fans Pty Ltd
OWNER Corio Pty Ltd
LOCATION / ADDRESS: Lot 12911 Tannin Road, Dixvale
WARD: North Ward
ZONE: Priority Agriculture
DIRECTORATE: Development and Regulation
FILE REFERENCE: DA21/170 P51348
LEGISLATION: Planning and Development Act 2005
Environmental Protection (Noise)
Regulations 1997
AUTHOR: Jocelyn Baister
DATE OF REPORT: 14 February 2022
DECLARATION OF INTEREST: Nil
BACKGROUND:
Council is in receipt of an application for two Frost Fans at Lot 12911 Tannin
Road, Dixvale. The subject property is 42.03 hectares in area and is located
on the east side of Tannin Road. The land has previously been used for
Aquaculture and an Extractive Industry and is currently planted with 14
hectares of avocado orchard.
A location plan is provided below.
LOCATION PLAN
Minutes - Ordinary Meeting of Council - 3 March 202225
Council at its 16 December 2021 Ordinary Meeting resolved (Resolution
28660) to determine that Frost Fans are a land use not listed within Local
Planning Scheme No.4 as follows:
1. Determine that Frost Fans are a use not listed within Local
Planning Scheme No 4;
2. In accordance with clause 4.20.2 determine that Frost Fans may
be compatible with the objectives of the “Priority Agriculture” and
“General Agriculture” Zones and that all applications be
advertised for public comment in accordance with clause 9.6 of
Local Planning Scheme No 4;
3. Determine in accordance with clause 4.20.2 that Frost Fans are
not compatible with the objectives of all other zones other than
the Priority Agriculture and General Agriculture Zones; and
4. Request the Chief Executive Officer arrange for the preparation
of a draft Local Planning Policy for Council consideration.
A copy of an extract from the Council Minutes is appended.
APPENDIX: 9.5.3(A)
The applicant is proposing to construct two fixed C59 frost fans somewhat
centrally located within the avocado orchard. The proposed Frost Fans will be
located more than 1 kilometre away from existing sensitive (residential)
premises and 210 metres from an approved future home. The application has
been submitted with a supporting Environmental Noise Assessment (ENA).
Additional information has been received in support of the use of frost fans for
successful flowering and fruiting of avocado orchards as well as a reduction in
the use of irrigation during frost periods.
A copy of the information submitted with the application is provided attached.
ATTACHMENT: 9.5.3(1)
Council is requested to determine the application as the Use is Not Listed in
the Scheme and Shire officers are advising the application as submitted
should not be supported.
PUBLIC CONSULTATION UNDERTAKEN:
The application was advertised in accordance with Clause 9.6 of the Shire of
Manjimup Local Planning Scheme No.4 (the Scheme) for a 21 day period to
all adjoining landowners, the Ward Councillor, a sign was placed on site and a
notice in the newspaper. No public comments were received.
The proposal was also referred to the Department of Biodiversity
Conservation and Attractions (DBCA) and the Department of Water and
Environmental Regulation (DWER). DBCA advised that it had no objections to
the proposal. DWER provided initial comments requesting an updated noise
assessment. DWER have not been able to provide advice based on the
revised ENA, should this advice be received prior to the meeting, it will be
circulated to elected members.
Minutes - Ordinary Meeting of Council - 3 March 202226
A copy of the preliminary advice from DWER and the advice from DBCA is
attached.
ATTACHMENT: 9.5.3(2)
COMMENT (Includes Options):
The provisions of the Scheme include the subject land within the Priority
Agriculture zone. The purpose of the Priority Agriculture zone is to provide for
the sustainable use of high quality agricultural land, particularly where water
resources exist, preserving existing agricultural production and allowing for
new agricultural production by securing suitable land and water resources.
In determining an application for planning approval, Clause 10.2 of the
Scheme requires that various matters are taken into account, including but not
limited to:-
“(i) the aims and provisions of the Scheme and any other relevant Local
Planning Scheme operating within the Scheme area;
(vi) the local government’s adopted Local Planning Strategy and any
Local Planning Policy adopted by the local government under
Clause 2.4….”;
(x) the compatibility of a use or development with its setting including
the potential impact on the use and enjoyment of adjacent and
nearby land and taking into consideration any Special Control Area;
(xv) the preservation of the amenity of the locality; and
(xxvii) the comments or submissions received from any authority consulted
under Clause 10.1.
To guide Council in its determination of the application the following
comments are offered:
Development Requirements
Development in the Priority Agriculture Zone is prescribed by the following
minimum setback standards:
Front Setback – 30 metres;
Side Setback – 10 metres;
Rear Setback – 30 metres.
The location of the two proposed frost fans, comply with the setback
requirements.
Location of Future Dwelling
A future dwelling has been approved on Lot 9600 to the south, which when
constructed will be located approximately 210 metres from the western most
proposed fan.
Environmental Noise Assessment
The applicant initially submitted an Environmental Noise Assessment (ENA),
which was modelled on the C59 frost fan in a location in New Zealand. The
Shire requested a site specific ENA to be undertaken.
Minutes - Ordinary Meeting of Council - 3 March 202227
The revised ENA predicts noise levels at the nearest dwellings from the
operation of two new “C59” frost control fans, which are summarised in the
table below. The predictions consider the frost control fans operating in
normal mode primarily at night and to the closest sensitive premises.
Residence Predicted Noise Level EPA (Noise) Regs 1997
NAD 1 39 dB(A) 35(dB)
NAD 2 38 dB(A) 35(dB)
NAD 3 38 dB(A) 35(dB)
NAD 4 38 dB(A) 35(dB)
NAD 5 (future) 58 dB(A) 35(dB)
At each of the sensitive premises identified, predicted noise levels exceed the
assigned noise level as prescribed by the Environmental Protection (Noise)
Regulations 1997. The document does not contain a noise impact contour
assessment, which would indicate at what distance the level of noise would
become acceptable.
In justifying the noise levels, the consultant has referred to South Australian
Environmental Protection (Noise) Policy 2007, which provides for specific
assessments for frost fans. The ENA also states examples of other State
Environmental agencies (VIC and QLD) have accepted an assessment of
frost fan noise in accordance with the South Australian criteria. The ENA also
references a court case from the NSW Land and Environment Court, where
the Court determined that the criteria used in South Australia was more
relevant than the New South Wales Industrial Noise Policy.
Environmental Protection (Noise Regulations) 1997
Noise levels within Western Australia are regulated by the provisions of the
Environmental Protection (Noise Regulations) 1997. In their preliminary
advice, the Environmental Noise Branch of DWER advised that a site specific
acoustic assessment report from an appropriately qualified acoustic engineer
was requested.
In this case, the applicants have supplied a noise assessment, which clearly
indicates that assigned noise levels will be exceeded. Notwithstanding this,
the submitted report essentially argues that the application should be
supported as it complies with the South Australian policy. In the opinion of
Shire Officers, compliance with the legislation or policy of another State is not
a relevant consideration given that if approval was granted and complaints are
subsequently received, it is anticipated that any subsequent investigation will
confirm the activity is in contravention of the assigned noise levels.
In accordance with Clause 17 of the Environmental Protection (Noise
Regulations) 1997, where proposal cannot “reasonably or practicably capable
of complying with that standard” that person may apply to the Minister for
approval. Within Western Australia, this is the mechanism for complying with
the noise legislation where permissible noise levels are to be exceeded.
Minutes - Ordinary Meeting of Council - 3 March 202228
Conclusion
The application received demonstrates that approval to the two frost fans will
result in noise levels exceeding permitted noise levels at adjacent residential
premises (both existing and future). As detailed above, the applicants submit
that the application should still be supported to support the existing avocado
orchard operation as the noise levels comply with South Australian
requirements. This approach is not supported as the supporting
documentation indicates that noise level requirements in Western Australia
will be exceeded.
Given the above, it is recommended that the application as submitted be
refused. In the event that the applicant is able to obtain the Ministers approval
to exceed permitted noise levels, they would be welcome to reapply.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005, Environmental Protection (Noise)
Regulations 1997 and Local Planning Scheme No. 4.
POLICY / STRATEGIC IMPLICATIONS:
The following Stategies, as contained in the Shire of Manjimup’s Strategic
Community Plan 2021-2031 as considered applicable to the application:
B4. - Support sustainable agricultural expansion, value-adding and
downstream processing, research and development, culinary and
agritourism, land protections, and continued support for the Southern
Forests Food Council.
C15 – Manage environmental health risks in the community
Although approval of the application would be consistent with Strategy B4, the
submitted ENV demonstrates that the associated noise will impact on the
quire enjoyment of the adjacent dwellings, contrary to Strategy C15. It is
therefore recommended that the application be refused.
ORGANISATIONAL RISK MANAGEMENT:
Nil.
FINANCIAL IMPLICATIONS:
The required application fee has been paid for by the applicant.
SUSTAINABILITY:
Environmental: The predicted noise levels of the two frost fans have been
demonstrated to be non-compliant with the prescribed acceptable levels on
sensitive premises.
Economic: The control of frost on avocado orchards is an increasingly
important tool in limiting damage to produce from extreme weather events
whilst increasing water use efficiency.
Social: Nil.
Minutes - Ordinary Meeting of Council - 3 March 202229
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That Council:
1. In accordance with Part 10 of Local Planning Scheme No. 4 refuse
the application for Two Frost Fans at Lot 12911 Tannin Road,
Dixvale (Application TP 166/2021) for the following reasons:
a) the predicted noise generated by the proposed frost fans
exceeds the levels assigned at sensitive premises by the
Environmental Protection (Noise) Regulations 1997;
b) the proposed development will cause a negative impact on
the amenity of nearby sensitive premises; and
c) support for the proposal will set an undesirable precedent for
acceptable noise levels within the Shire of Manjimup.
2. Advise the applicant that within Western Australia approval to
exceed permitted noise levels at adjacent sensitive premises such
as a dwelling may only be granted by the Minister for the
Environment in accordance with clause 17 of the Environmental
Protection (Noise) Regulations 1997.
3. Advise the applicant that they are welcome to reapply for approval
to the two frost fans as proposed, should the approval of the
Minister be obtained in accordance with point 2 above.
COUNCIL RESOLUTION:
MOVED: Skoss, K SECONDED: Omodei, P
28730
That Council:
1. Defer the determination of the application for Two Frost Fans at
Lot 12911 Tannin Road, Dixvale (Application TP 166/2021);
2. Advise the applicant that within Western Australia approval to
exceed permitted noise levels at adjacent sensitive premises such
as a dwelling may only be granted by the Minister for the
Environment in accordance with clause 17 of the Environmental
Protection (Noise) Regulations 1997; and
3. Subject to an exemption being granted by the Minister as referred
to in point 2 above, grant the Chief Executive Officer delegated
authority to determine the application.
CARRIED: 10/0
Minutes - Ordinary Meeting of Council - 3 March 202230
ATTACHMENT
APPENDIX
9.5.4 Request for Reconsideration of Conditions of Approval -
Retrospective Clearing at Lot 101 Plackett Drive, Pemberton
PROPONENT Mr D Kavanagh
OWNER Ms C J Kavanagh
LOCATION / ADDRESS: Lot 101 Plackett Drive, Pemberton
WARD: West
ZONE: Rural Residential
DIRECTORATE: Development & Regulation
FILE REFERENCE: DA21/154
LEGISLATION: Planning and Development Act 2005
AUTHOR: Brian Robinson
DATE OF REPORT: 16 February 2022
DECLARATION OF INTEREST: Nil
BACKGROUND:
At its Ordinary Meeting held on 20 January 2022 resolved (Resolution 28700)
to conditionally approve a retrospective application relating to unauthorised
clearing undertaken on the subject land, being a 2.44ha property on the
eastern side of Plackett Drive as shown on the location below.
Location Plan
The applicant has requested that Council reconsider condition No 2 as
imposed by Council’s, which requires revegetation works within portion of the
building envelope by 30 June 2022. By way of summary, the applicant is
requesting that the revegetation works be deferred until groundworks, levelling
and building is completed. A copy of the request is shown attached.
ATTACHMENT: 9.5.4(1)
Minutes - Ordinary Meeting of Council - 3 March 202231
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
COMMENT (Includes Options):
The provisions of the Shire’s Local Planning Scheme No 4 (the Scheme)
includes the subject land within the Rural-Residential Zone. The purpose of
the Rural Residential zone is to “provide for low density residential
development in a rural setting consistent and compatible with adjacent land
use activity, landscape and the environmental attributes of the land.”
Consistent with this purpose, the Scheme outlines the following objectives that
are relevant to the application:
(ii) Encourage the introduction of clearing and land management controls
and restrictions, and environmental repair where appropriate;
(iv) Facilitate the conservation of native vegetation, water courses and
water bodies and other environmental features and, where
appropriate, to provide for environmental repair.
Approved Building Envelope
The subject property has an approved building envelope, being 60 metres by
70 metres (4,200m²). As reported to Council within the agenda for the 22
January 2022 meeting, details submitted in support of the application
confirmed that the entire building envelope was totally cleared of vegetation
along with some adjoining areas outside of the envelope.
Scheme Provisions Relating to Clearing
The Scheme contains a number of provisions relating to clearing, including
more general requirements under clause 5.7 and specific provisions relating
to the Rural Residential Zone. These provisions are detailed below:
a) Clause 5.7 – Clearing Land
Clause 5.7.1 states that the clearing of land within various zones
(including Rural-Residential) shall not be undertaken without the prior
approval of the local government. The clause furthermore states that
“there is a general presumption against approving the clearing of land
within these zones, as the primary objective will be to retain vegetation
for its conservation and landscape value.
b) Clause 5.36.3.7 – Tree Preservation and Landscape Enhancement
Specifically relating to the Rural-Residential Zone, clause 5.36.3.7(i)
states that clearing may not be undertaken within a building envelope
on any land within a Rural-Residential zone without the prior planning
consent.
Additionally clause 5.36.3.7 (ii) – additional planting may be required as
as condition of Planning approval, where required.
Minutes - Ordinary Meeting of Council - 3 March 202232
c) 5.36.3.8 – Fire Control
In accordance with clause 5.36.3.8 (iv), landowners are required to
“minimise the amount of inflammable materials on their land and clear
all inflammable materials save for live standing trees within a twenty
metre radius around all buildings.”
Bushfire Attack Level Assessment
As indicated in the January 2022 agenda item, the application for
retrospective approval was supported by a Bushfire Attack Level Assessment
(BAL Report). A copy of the submitted application, including the BAL Report
is shown appended.
APPENDIX: 9.5.4(A)
As reflected by photographs within the BAL Report and the consultants
assessment, clearing within the Building Envelope was undertaken prior to
completion of the BAL Assessment. The Asset Protection Zone identified
within the BAL report did not include all of the now cleared Building Envelope,
meaning that a substantial amount of vegetation did not need to be removed
to achieve a BAL-29.
Additionally as reflected on page 11 of the BAL Report, trees are able to be
retained within an Asset Protection Zone, provided that:
a) Trunks at maturity are a minimum of 6 metres from the building;
b) Branches at maturity should not overhang the building;
c) Lower branches should be removed to a height of 2 metres; and
d) A canopy cover of less than 15%, with tree canopies at maturity well
spread to at least 5 metres apart so as to not form a continuous
canopy.
Given the above, Council resolved to require that the portion of building
envelope not forming part of the Asset Protection Zone be revegetated by 30
June 2022.
Grounds for Reconsideration
The applicants as stated within their submission (refer Attachment: 9.5.4(1)),
are seeking to defer replanting activities within the Building Envelope until “all
the machinery is finished doing groundworks, levelling, and building is
completed. We have a main house to build, septic tanks, shed, driveway,
lawns, water tanks etc to get in place, and don’t want to put trees in only to
have them in the way or need to be moved, or be damaged during the building
process.”
In Shire Officers opinion, it is not necessary for the full 4,200m² Building
Envelope to remain cleared of all vegetation to facilitate the construction of the
house alone. It is however appreciated that other works and construction
associated with incidental infrastructure are intended within the building
envelope. As the design and location of this infrastructure is yet to be
determined, the applicants request is supported in part.
Minutes - Ordinary Meeting of Council - 3 March 202233
The above said, to ensure that the owners future plans are compatible with
revegetation at least portion of the approved Building Envelope and that
revegetation occurs in a timely manner, it is recommended that the applicant
be required to:
i) submit plans within 90 days of the overall intended development
showing detailing those portions of the envelope to be revegetated.
Proposals for revegetation must have regard to the Asset Protection
Zone requirements as outlined on page 11 of the submitted BAL
Report; and
ii) complete the required revegetation within a period of two years.
Further detail regarding the timing of the works is provided below.
Current Building Industry Environment
As a result of stimulus funding relating to the building and construction
industries and COVID-19 impacts on the supply of building materials,
estimated time frames for construction of dwellings in particular have been
dramatically extended. As a result the building industry is advising potential
clients that the construction of a dwelling could take years.
Given the above, if the applicants request was to be agreed to, it is unclear as
to when revegetation works will be undertaken.
In Shire Officers view, the most significant works that will have impact on any
revegetation works are the site works and the effluent disposal system
installation. It is therefore considered it would be appropriate to defer the
timing of the revegetation works to:
a) Allow the applicant time to confirm the location of associated
infrastructure; and
b) Require the revegetation works following site works, installation of the
effluent disposal system and dwelling slab.
Given current demands on the building industry and its resources, it could be
expected that achieving the above will take time. It is recommended that a
maximum period of two years should be granted for the revegetation works to
be completed.
Conclusion
In approving the retrospective application for clearing at its January 2022
meeting, Council resolved to impose a condition requiring the revegetation of
that portion of the building envelope not located within the identified Asset
Protection Zone by 30 June 2022.
Information provided by the applicant as part of their request for
reconsideration highlights the landowners concern that if revegetation works
were to be undertaken prior to completion of site works and all development,
there would be potential for the revegetation works to be disturbed by the
subsequent construction work. Given that the owner is yet to finalise the
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