MINUTES COUNCIL MEETING 5 MARCH 2020 - Agendas and ...
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MINUTES COUNCIL MEETING 5 MARCH 2020
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: .................................................................................. 5
7. CONFIRMATION OF MINUTES: .............................................................. 6
8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN: .......... 6
9. COUNCIL OFFICERS’ REPORTS: .......................................................... 6
28114 9.1.1 Proposed Review of Corporate Policies 2.1.2 Gifts
and Acknowledgements to Councillors and
Employees and 2.1.4 Appointment of Acting Chief
Executive Officer and Senior Employees ........................... 8
28115 9.1.4 Western Australian Local Government Association
(WALGA) Request for a Variation to the Trust Deed
for the Local Government House Trust............................. 11
28116 9.3.1 Council Financial Payments December 2019 ................... 13
28117 9.5.1 Retrospective Advertisement - Portable Sign at Lot
351 (No 5) Mount Street, Manjimup ................................. 18
28118 9.5.2 Proposed Revision of Planning Policy 6.1.9 -
Extractive Industries ......................................................... 22
28119 9.5.4 Proposed Submission on the Community Titles Act
2018 Discussion Paper - Planning and
Development .................................................................... 28
28120 9.5.5 Delegated Planning Decisions for January 2020 .............. 33
28121 9.7.1 Application for the Keeping of More than 2 Dogs at
No 37 (Lot 13) Collier Street, Manjimup ........................... 36
28122 9.10.1 Proposed Review of Policy 12.1.1 Manjimup Home
and Community Care Aims and Objectives ...................... 42
28123 9.11.1 Introduction of New Tiered Framework for Public
Libraries............................................................................ 45
28124 9.12.1 Request to Waive Directional Signage Supply and
Install Fees for Pemberton Mountain Bike Park ............... 48
28125 9.16.1 Unconfirmed Minutes of the Audit Committee
Meeting Held 13 February 2020 ....................................... 52
28126 9.1.2 Proposed New Policy 1.1.4 Councillor Continuing
Professional Development Policy ..................................... 55
28127 9.1.3 Request for Funding to Assist with the
Replacement of the Floor at the Pemberton Mill
Hall ................................................................................... 59
28128 9.5.3 Retrospective Advertisement - Portable Sign at Lot
63 (79-85) Giblett Street, Manjimup ................................. 63
10. LATE REPORTS: ................................................................................... 67
11. QUESTIONS FROM MEMBERS: ........................................................... 67
12. MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING .. 67
13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY
DECISION OF THE MEETING: .............................................................. 67
Minutes - Ordinary Meeting of Council - 5 March 2020
3
14. APPLICATIONS FOR LEAVE OF ABSENCE:........................................ 67
15. CLOSURE: ............................................................................................. 67
Minutes - Ordinary Meeting of Council - 5 March 2020
4
SHIRE OF MANJIMUP
Minutes of the Ordinary Meeting of Council held in the Council Chamber,
Thursday, 5 March 2020.
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS:
The Shire President declared the meeting open at 5.30pm.
2. ANNOUNCEMENTS BY THE PRESIDENT:
The Shire President made the following announcements:
Today we had notification from Director Community Services that
we have received a $1.198M LotteryWest Grant for the
Pemberton Co-Location Project.
I attended the Parliamentary Select Committee into Local
Government, made a statement and answered questions from the
panel.
I attended the ‘Open Day in the Park’.
I met with Terry Redman MLA with the Chief Executive Officer
Andrew Campbell.
I attended the Lower Donnelly Conservation Group Annual
General Meeting.
I attended a South West Australian Local Government
Association meeting with the Chief Executive Officer.
I attended the first meeting of the year of the Manjimup Senior
High School Board.
I attended a final of the Manjimup Basketball Association a couple
of days ago.
Over the last week we have had a successful Campdraft, the
Rotary Wine Show, the Walpole Regatta in the Trees and the
Delirious West Running Race.
I would urge everyone to attend the Warren Agriculture Show
coming up.
3. ATTENDANCE:
PRESENT:
Councillors
Cr P Omodei (Shire President)
Cr S Dawson Vidovich
Cr W Eiby
Cr D Jenkins
Cr K Lawrence
Cr J Darin
Cr K Skoss
Cr D Tapley
Cr R Taylor
Cr M Ventris
Cr C Winfield
Minutes - Ordinary Meeting of Council - 5 March 20205
Staff
Mr Andrew Campbell (Chief Executive Officer)
Mr Greg Lockwood (Director Business)
Ms Gail Ipsen Cutts (Director Community Services)
Mr Brian Robinson (Director Development & Regulation)
Mrs Catherine Mills (Acting Director Works & Services)
Ms Gaye Burridge (Corporate Administration Officer)
Mr Jason Giadresco (Senior Governance Officer)
Mrs Shammara Markotis (Recreation Officer)
Gallery
Noeleen Collings
Clive Fielding
Ellie McGann
Warren South
David Giblett
Nancy Giblett
3.1 Apologies: Nil
3.2 Leave Of Absence: Nil
4. DECLARATIONS OF INTEREST:
The Chief Executive Officer advised that he has received Impartiality
Interests from Councillor Eiby for Item 9.11.1 and 9.12.1, Councillor
Omodei for Item 9.1.3 and Councillor Ventris for Item 9.1.3.
Councillor Eiby declared an Impartiality Interest in Item 9.11.1 as she is
the Manager of the Northcliffe Visitor Centre and Public Library and
item 9.12.1 as she was an employee of Pemberton Visitor Centre
which holds vesting of the Pemberton Mountain Bike Park.
Councillor Omodei declared an Impartiality Interest in Item 9.1.3 as he
is a member of the Mill Hall Committee.
Councillor Ventris declared an Impartiality Interest in Item 9.1.3 as his
wife is president of the Mill Hall Restoration Committee.
5. PUBLIC QUESTION TIME:
5.1 Response to public questions taken on notice: Nil
5.2 Public Question Time
5.2.1 Deanne Ventris 9.1.3 Request for Funding to Assist with the
Replacement of the Floor at the Pemberton Mill Hall.
The Committee and I would like to thank you for putting this Item
to Council.
6. PRESENTATIONS:
6.1 Petitions: Nil
Minutes - Ordinary Meeting of Council - 5 March 20206
6.2 Presentations
6.2.1 A Citizenship Ceremony was held for Mr Christo Thomas
and Mrs Maria Liezel Flores Harris. The Shire President
congratulated them on behalf of Councillors and Staff.
6.3 Deputations: Nil
6.4 Delegates’ reports: Nil
6.5 Conference reports: Nil
7. CONFIRMATION OF MINUTES:
MOVED: Eiby, W SECONDED: Darin, J
28112
That the Minutes of the Ordinary Meeting of the Council held on 13
February 2020 be confirmed.
CARRIED: 11/0
8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN: Nil
9. COUNCIL OFFICERS’ REPORTS:
MOVED: Eiby, W SECONDED: Dawson Vidovich, S
28113
“That Council adopt the recommendations contained in the Council
Officers and Committee Reports on pages 1 – 60 of the Agenda with the
exception of:
CARRIED: 11/0
9.1.2 Proposed New Policy 1.1.4 Councillor Continuing Professional
Development Policy
9.1.3 Request for Funding to Assist with the Replacement of the Floor at
the Pemberton Mill Hall
9.5.3 Retrospective Advertisement - Portable Sign at Lot 63 (79-85)
Giblett Street, Manjimup
Items passed by En Bloc Resolution
9.1.1 Proposed Review of Corporate Policies 2.1.2 Gifts and
Acknowledgements to Councillors and Employees and 2.1.4
Appointment of Acting Chief Executive Officer and Senior
Employees
9.1.4 Western Australian Local Government Association (WALGA)
Request for a Variation to the Trust Deed for the Local
Government House Trust
9.3.1 Council Financial Payments December 2019
9.5.1 Retrospective Advertisement - Portable Sign at Lot 351 (No 5)
Mount Street, Manjimup
9.5.2 Proposed Revision of Planning Policy 6.1.9 - Extractive Industries
9.5.4 Proposed Submission on the Community Titles Act 2018
Discussion Paper - Planning and Development
9.5.5 Delegated Planning Decisions for January 2020
Minutes - Ordinary Meeting of Council - 5 March 20207
9.7.1 Application for the Keeping of More than 2 Dogs at No 37 (Lot 13)
Collier Street, Manjimup
9.10.1 Proposed Review of Policy 12.1.1 Manjimup Home and
Community Care Aims and Objectives
9.11.1 Introduction of New Tiered Framework for Public Libraries
9.12.1 Request to Waive Directional Signage Supply and Install Fees for
Pemberton Mountain Bike Park
9.16.1 Unconfirmed Minutes of the Audit Committee Meeting Held 13
February 2020
Minutes - Ordinary Meeting of Council - 5 March 20208
ATTACHMENT
APPENDIX
9.1.1 Proposed Review of Corporate Policies 2.1.2 Gifts and
Acknowledgements to Councillors and Employees and 2.1.4
Appointment of Acting Chief Executive Officer and Senior
Employees
PROPONENT Shire of Manjimup
OWNER N/A
LOCATION / ADDRESS: N/A
WARD: N/A
ZONE: N/A
DIRECTORATE: Office of CEO
FILE REFERENCE: F160048
LEGISLATION: Local Government Act 1995
AUTHOR: Jason Giadresco
DATE OF REPORT: 19 February 2020
DECLARATION OF INTEREST: Nil
BACKGROUND:
Council policies are reviewed regularly to ensure consistency between the
policies, Council decision making and to respond to community feedback.
Generally this occurs after a period of four years, or where modifications are
required to reflect legislative changes. The purpose of this report is to present
to Council the following policies that have been reviewed. A copy of each of
the current corporate policies due for review is appended:
Corporate Policy 2.1.2 Gifts and Acknowledgements to Councillors and
Employees; and
APPENDIX: 9.1.1(A)
Corporate Policy 2.1.4 Appointment of Acting Chief Executive Officer
and Senior Employees.
APPENDIX: 9.1.1(B)
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
COMMENT (Includes Options):
A policy review is intended to make amendments to existing policies based on
past performance, future demands and changes to relevant legislation. It also
provides an opportunity to rescind policies deemed redundant and/or no
longer effective for the purpose for which they were originally adopted.
The policies listed in the Background section of this report have been
reviewed. The ongoing functionality and intent of these policies since their last
Minutes - Ordinary Meeting of Council - 5 March 20209
review is considered adequate. Any proposed changes made are summarised
as follows:
Policy 2.1.2 Gifts and Acknowledgements to Councillors and Employees
It is noted that this Policy was presented and adopted by Council at its 13
February 2020 Ordinary Meeting. However, discussions between a Councillor
and employees at that Ordinary Meeting noted that no provision has been
made to acknowledge Councillors or employees who are:
Suffering from a serious illness/injury; or
Celebrating the birth of a child.
Additionally, it was noted that in Council Payments for November 2019
agenda item at the same meeting, $71.50 had been expended in accordance
with Council’s adopted Budget to provide a gift to a seriously ill employee. In
light of this figure, the Councillor and employees agreed that an increase in
gift expenditure in a single instance from $60 to $80 would be more
appropriate.
Provisions to acknowledge these life events, and the minor monetary increase
from $60 to $80 for a gift have been made in the reviewed policy attached.
ATTACHMENT: 9.1.1(1)
Policy 2.1.4 Appointment of Acting Chief Executive Officer and Senior
Employees
Due to the introduction of the Local Government Legislation Amendment Bill
2019, Section 5.37 of the Local Government Act 1995 (the Act) pertaining to
the designation Senior Employees has been deleted. The policy has been
revised to accommodate this legislative change. Changes made to the Policy
include:
Renumbering of the Policy to Corporate Policy 2.1.3;
Renaming of the Policy to Corporate Policy 2.1.3 Appointment of Acting
Chief Executive Officer and Senior Managers;
Removing reference to section 5.37 of the Act;
Changing the reference to ‘Senior Employees’ as previously
designated under the Act to reference ‘Senior Managers’ instead, with
those relevant employment positions listed in the Policy; and
In the Policy Measures section, updating of the reference to the
‘Director of Statutory and Corporate Services’ to ‘Director of
Development and Regulation’.
Although the legislative provision to designate Senior Employees has been
removed from the Act, it is considered good business practice to retain a clear
policy describing the administrative chain of command and the role of Council
in the event of the absence of the Chief Executive Officer or a Senior
Manager. A copy of the reviewed policy is attached.
ATTACHMENT: 9.1.1(2)
Minutes - Ordinary Meeting of Council - 5 March 202010
STATUTORY ENVIRONMENT:
Local Government Act 1995.
POLICY / STRATEGIC IMPLICATIONS:
Policies should be periodically reviewed to ensure currency and effectiveness.
ORGANISATIONAL RISK MANAGEMENT:
Nil.
FINANCIAL IMPLICATIONS:
The increase in the maximum value to $80 for a gift to acknowledge a
Councillor or Employee is considered minor, with a negligible impact on the
Annual Budget.
SUSTAINABILITY:
Environmental: Nil.
Economic: Nil.
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That Council adopt the following reviewed policies:
a) Corporate Policy 2.1.2 Gifts and Acknowledgements to
Councillors and Employees as attached at 9.1.1(1); and
b) Corporate Policy 2.1.3 Appointment of Acting Chief Executive
Officer and Senior Managers as attached at 9.1.1(2).
COUNCIL RESOLUTION:
MOVED: Eiby, W SECONDED: Dawson Vidovich, S
28114
That Council adopt the following reviewed policies:
a) Corporate Policy 2.1.2 Gifts and Acknowledgements to
Councillors and Employees as attached at 9.1.1(1); and
b) Corporate Policy 2.1.3 Appointment of Acting Chief Executive
Officer and Senior Managers as attached at 9.1.1(2).
ADOPTED BY EN BLOC RESOLUTION: 11/0
Minutes - Ordinary Meeting of Council - 5 March 202011
ATTACHMENT
9.1.4 Western Australian Local Government Association (WALGA)
Request for a Variation to the Trust Deed for the Local
Government House Trust
PROPONENT Western Australian Local Government
Association (WALGA)
OWNER Shire of Manjimup
LOCATION / ADDRESS: Various
WARD: N/A
ZONE: N/A
DIRECTORATE: Office of the CEO
FILE REFERENCE: F160489
LEGISLATION: Local Government Act 1995
AUTHOR: Andrew Campbell
DATE OF REPORT: 20 February 2020
DECLARATION OF INTEREST: Nil
BACKGROUND:
The Local Government House Trust (the Trust) is a unit trust that was created
in 1980 for the purpose of housing the Western Australian Local Government
Association (WALGA). Under the current Trust deed 132 Local Governments
contributed to create a Trust comprising 620 units. The Shire of Manjimup
holds six units in the Trust valued collectively at $106,831. More information
about the Trust can be found in the attachment.
ATTACHMENT: 9.1.4(1)
On 19 February 2020, the Chief Executive Officer of WALGA corresponded
with every Local Government holding Trust units. The purpose of the
correspondence was to advise that the Trust’s Board of Management are
seeking to vary the Trust Deed in order to assist the Trust’s income exempt
status. To execute the variation to the Trust Deed it requires consent from at
least 75% of Trust unit holders. More details regarding this matter can be
found in the attached WALGA correspondence, Deed of Variation and excerpt
of Clause 12 form the Trust Deed.
ATTACHMENT: 9.1.4(2)
ATTACHMENT: 9.1.4(3)
ATTACHMENT: 9.1.4(4)
The purpose of this report is to seek Council’s formal resolution to support the
Deed of Variation.
PUBLIC CONSULTATION UNDERTAKEN:
Nil
COMMENT (Includes Options):
The Trust Deed amendments as proposed are based on legal opinion and are
designed to fortify the Trust’s position of income tax exempt status by
Minutes - Ordinary Meeting of Council - 5 March 202012
removing any questionable matters from the Trust Deed. The Chief Executive
Officer has reviewed the applicable information relating to this matter and has
no objection to Council resolving to provide consent to the Deed of Variation
as proposed in Attachment: 9.1.4 (3).
STATUTORY ENVIRONMENT:
The Local Government Act 1995 enables the Shire of Manjimup to exist as an
entity. WALGA is the peak representative body for Western Australian Local
Government and is essentially owned by Western Australian Local
Government.
POLICY / STRATEGIC IMPLICATIONS:
Nil.
ORGANISATIONAL RISK MANAGEMENT:
Nil.
FINANCIAL IMPLICATIONS:
Nil.
SUSTAINABILITY:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That the Local Government House Trust Board of Management are
advised that the Shire of Manjimup as a holder of six Local Government
House Trust units consents to the Deed of Variation as detailed in
ATTACHMENT: 9.1.4(3).
COUNCIL RESOLUTION:
MOVED: Eiby, W SECONDED: Dawson Vidovich, S
28115
That the Local Government House Trust Board of Management are
advised that the Shire of Manjimup as a holder of six Local Government
House Trust units consents to the Deed of Variation as detailed in
ATTACHMENT: 9.1.4(3).
ADOPTED BY EN BLOC RESOLUTION: 11/0
Minutes - Ordinary Meeting of Council - 5 March 202013
ATTACHMENT
9.3.1 Council Financial Payments December 2019
PROPONENT Shire of Manjimup
OWNER N/A
LOCATION / ADDRESS: Whole of Shire
WARD: All
ZONE: Whole of Shire
DIRECTORATE: Business
FILE REFERENCE: F160967
LEGISLATION: Local Government (Financial
Management) Regulations 1996
AUTHOR: Kaylee Blee
DATE OF REPORT: 10 January 2020
DECLARATION OF INTEREST: Nil
BACKGROUND:
It is a statutory requirement for a list of payments from the Municipal and Trust
Funds to be presented to Council and included in the minutes.
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
COMMENT (Includes Options):
The accounts for payment totalling $1,599,814.14 for the month of December
2019 are itemised in the attachment and in the Corporate Credit Card
statement listed below.
ATTACHMENT: 9.3.1(1)
Vouchers for the expenditure are available for inspection at the Council
Meeting of 5 March 2020.
Fund Vouchers Amount
Municipal 94191 - 94211 $58,256.50
Trust Fund - $0.00
Total Cheques for Month of December 2019 $58,256.50
Electronic Funds Transfer (EFT) expenditure batch reports are available for
inspection at the Council Meeting of 5 March 2020.
Fund Batch Amount
Municipal 36 – 41 $1,532,561.96
Total EFT for Month of December 2019 $1,532,561.96
Minutes - Ordinary Meeting of Council - 5 March 202014
Corporate Credit Card December 2019 – Municipal Account
6.1101 Philippine Magic Café Walpole $54.45
Lunch CEO & South Ward Councillor
575.1317 Kings Park Motel $133.00
1x night accommodation - CDO
2.1189 Kings Park Motel $133.00
1x night accommodation – Councillor Eiby
2.1189 Kings Park Motel $133.00
1x night accommodation – Councillor Darin
6.1391 BWC Perth $23.78
Taxi – RAC Function
6.1391 Pan Pacific Perth $48.53
Valet parking – RAC meeting & function
7.1148 ASIC $72.00
Search of 8x registered directors & addresses
4.1221 Adobe Creative Cloud $79.29
Creative cloud suite for PRO to design documents
2.1189 Ibis Perth $111.75
1x night accommodation – Councillor Darin
7.1014 Card Fee $18.25
6.1101 SQ *Southern Roasting $68.00
SMT Breakfast ST:5
15.1317 Broadwater Resort Como $360.00
2x nights accommodation CESM meeting
790.1046 Manjimup Motors $36.19
1x Rust converter for rubbish bins
7.1014 Card Fee $18.25
1001.6003 BP Carnamah $56.48
36.94ltrs unleaded for 1010WA DDR
569.1101 Manjimup Motors $155.00
1x Kincrome measuring wheel
1013.1544 DNH*GODADDY.com $201.90
3 years - Economy Linux Hosting with C Panel
bundle
569.1299 Planning Institute of Barton $255.00
Registration to PIA state awards evening
569.1299 Pan Pacific Perth $294.00
DDR 1x night accommodation (inc breakfast &
parking)
569.1299 Planning Institute of Barton -$30.00
Refund – overcharged
6.1101 SQ *Southern Roasting $47.00
SMT Meeting breakfast ST:4
Minutes - Ordinary Meeting of Council - 5 March 202015
7.1014 Card Fee $18.25
987.6002 Manjimup Toyota $32.25
Bulb 1000WA
Various Westnet $206.91
Internet Services 1/1/19 – 1/12/19
13.1294 Teamviewer.com $1,482.46
Annual Subscription 12/11/19 – 11/11/20
7.1014 Card Fee $18.25
660.1237 SQ *Southern Roasting $10.00
Meeting with Firey Productions ST:1 NS:1
1042.1544 4Cabling $26.50
1x 5m power cable for ag shed exhibit TV
575.1101 C2 Hi Thai $35.00
Meal DCS – meetings in Perth with Lotterywest &
Aust Reg Tourism
575.1101 CPP Convention Centre $18.17
Parking DCS – meetings in Perth with Lotterywest
& Aust Reg Tourism
575.1101 SFS PCEC $12.50
Refreshments DCS – meetings in Perth with
lotterywest & Aust Reg Tourism
575.1101 Wilson Parking Subiaco $9.11
Parking DCS – meetings in Perth with Lotterywest
& Aust Reg Tourism
665.1164 SuperCheap Auto $83.94
6x 250ml SCA Rust Converter
575.1299 PayPal *PAULGUDGINF $250.00
Bunbury Festival & Event Management
Masterclass - Events Officer
1013.1544 DNH*GODADDY.Com $288.82
SSL Certificate Deluxe – 2 years
575.1340 SurveyMonkey $296.64
Annual Subscription 7/11/19 – 6/11/20
671.1359 HomeAway $728.90
5x nights accommodation Kenata – Wembley
Downs Pool Operations course – Jade Pollett
1013.1544 Modern Teaching Aids $626.92
Various toys for Bright Sparks – PowerUp
1013.1544 Temple & Webster $507.25
2x Amigos De Hoy round leather floor cushions
1013.1544 Apex Co Pty Ltd $318.00
2x Julianne round Ottoman
1013.1544 Mad About Science $148.85
2x Toys for bright sparks - PowerUp
Minutes - Ordinary Meeting of Council - 5 March 202016
1013.1544 Altronic Distributor Perth $302.49
AV Equipment for PowerUp museum
1013.1544 Apex Co Pty Ltd $318.00
2x Ottoman for Visitors Centre - PowerUp
1013.1544 PayPal *EMS for Kid $115.96
4x Earmuffs for kids – PowerUp
677.1162 Kmart Online $115.00
677.1101 Art Gallery – Water jug, large vase & 5x books
1166.1164 Officeworks Online $33.41
New visitors book for Art Gallery
677.1101 House $188.93
Jug, table cloth & platter – Art Gallery events
677.1162 BigW Online $92.90
8x new book & DVDs
677.1162 Booktopia Pty Ltd $393.50
21x new books for Shire Libraries
665.1164 Woolworths Manjimup $21.00
Cleaning products for exhibitions
665.1164 Coles Manjimup $8.65
Groceries – Volunteers cleaning exhibitions
7.1014 Card Fee $18.25
Total Credit Card Payments $8,995.68
Total Payments for the month December 2019 $1,599,814.14
STATUTORY ENVIRONMENT:
Local Government (Financial Management) Regulations 1996, Regulations
(12) and (13)
POLICY / STRATEGIC IMPLICATIONS:
Nil.
ORGANISATIONAL RISK MANAGEMENT:
Nil.
FINANCIAL IMPLICATIONS:
As Stated.
SUSTAINABILITY:
Environmental: Nil.
Economic: Nil.
Social: Nil.
Minutes - Ordinary Meeting of Council - 5 March 202017
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That Council receive the accounts paid during December 2019 totalling
$1,599,814.14 as detailed in Attachment: 9.3.1(1).
COUNCIL RESOLUTION:
MOVED: Eiby, W SECONDED: Dawson Vidovich, S
28116
That Council receive the accounts paid during December 2019 totalling
$1,599,814.14 as detailed in Attachment: 9.3.1(1).
ADOPTED BY EN BLOC RESOLUTION: 11/0
Minutes - Ordinary Meeting of Council - 5 March 202018
ATTACHMENT
9.5.1 Retrospective Advertisement - Portable Sign at Lot 351 (No 5)
Mount Street, Manjimup
PROPONENT Makers on Mount Pty Ltd
OWNER Shire of Manjimup
LOCATION / ADDRESS: Lot 351 (5) Mount Street, Manjimup
WARD: Central
ZONE: Town Centre
DIRECTORATE: Development and Regulation
FILE REFERENCE: DA20/7; P57459
LEGISLATION: Planning and Development Act 2005
AUTHOR: Kaylene Roberts
DATE OF REPORT: 4 February 2020
DECLARATION OF INTEREST: Nil
BACKGROUND:
Council is requested to consider a retrospective development application for
an Advertisement (Portable Sign) on Lot 351 (5) Mount Street, Manjimup. A
location plan is shown below.
Location Plan
Approval is being sought for one (1) 0.6m wide by 1.0m high portable sign,
advertising the sales and retail products available. The sign is proposed to be
located 3m from the front of the shop. A copy of the submitted sign plan is
attached.
ATTACHMENT: 9.5.1(1)
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
Minutes - Ordinary Meeting of Council - 5 March 202019
COMMENT (Includes Options):
The unauthorised signage was identified as part of an audit of signage within
the Manjimup townsite. As a result of this audit correspondence was
forwarded to some 27 businesses in Manjimup requiring that within 21 days
the businesses were to cease displaying unauthorised signs and/or make
application for their approval.
The applicant, who wished to continue use of the sign during this process has
made an application for retrospective approval to the sign. To assist Council
in determining the application, the following advice is offered:
Scheme Requirements
The provisions of Local Planning Scheme No 4 (the Scheme) include the
subject property within the ‘Town Centre’ Zone. As prescribed by Clause 5.29
of the Scheme, advertising signs require prior planning approval, unless they
are identified as exempt under Schedule 15.
LPS4 6.1.4 Advertising Devices (Signage and Flags)
Council adopted Local Planning Policy 6.1.4 Advertising Devices (Signage
and Flags) (the Policy) on 13 June 2019 in order to guide officers in assessing
applications for Advertising Signage. The Policy has specific guidelines for
portable signage and the application was assessed against these
requirements.
Assessment of the application against the Policy criteria confirms that the
proposal complies with the general requirements for advertising signage, with
the exception that use of the sign commenced prior to obtaining development
approval.
Sign Location
As detailed in the background section of this agenda item, the applicant is
seeking approval to display the sign adjacent to the kerbline, approximately 3
metres from the face of the building. Although it is preferable for such signage
to be located abutting the building, the width of the footpath adjacent to the
building is sufficient to allow the placement of the sign as proposed.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005 and Shire of Manjimup Local Planning
Scheme No 4.
POLICY / STRATEGIC IMPLICATIONS:
Compliance with Local Planning Policy LPS4 6.1.4 – Advertising Devices
(Signage and Flags) is detailed above.
ORGANISATIONAL RISK MANAGEMENT:
Nil.
Minutes - Ordinary Meeting of Council - 5 March 202020
FINANCIAL IMPLICATIONS:
The appropriate retrospective development fee has been paid in accordance
with the Shires adopted Fees and Charges.
SUSTAINABILITY:
Environmental: Nil.
Economic: The advertising for the business as proposed will potentially
increase economic activity for the business.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That Council in accordance with Part 10 of Shire of Manjimup Local
Planning Scheme No.4 grants retrospective development approval for
the Advertisement (Portable Sign) adjacent to Lot 351 (No 5) Mount
Street, Manjimup (TP7/2020) in accordance with the submitted details as
shown at Attachment 9.5.1(1) and subject to the following conditions:
1. The signage hereby approved shall comply with the plans and
specifications submitted , as listed below:
Reference Document Title Date Received
1 Photograph of Sign 24 January 2020
2. The sign shall be kept clean, free from unsightly matter and in good
condition and presentation at all times.
4. The portable sign to display the approval sticker of authorisation of
the Shire of Manjimup at all times and is to be located on the
bottom right hand corner of the sign (Sticker No.115) or alternative
number provided by the Shire of Manjimup.
Advice to Applicant:
Any change to the design / business details of the sign hereby approved
may need further approval from the Shire of Manjimup.
COUNCIL RESOLUTION:
MOVED: Eiby, W SECONDED: Dawson Vidovich, S
28117
That Council in accordance with Part 10 of Shire of Manjimup Local
Planning Scheme No.4 grants retrospective development approval for
the Advertisement (Portable Sign) adjacent to Lot 351 (No 5) Mount
Street, Manjimup (TP7/2020) in accordance with the submitted details as
shown at Attachment 9.5.1(1) and subject to the following conditions:
Minutes - Ordinary Meeting of Council - 5 March 202021
1. The signage hereby approved shall comply with the plans and
specifications submitted , as listed below:
Reference Document Title Date Received
1 Photograph of Sign 24 January 2020
2. The sign shall be kept clean, free from unsightly matter and in good
condition and presentation at all times.
4. The portable sign to display the approval sticker of authorisation of
the Shire of Manjimup at all times and is to be located on the
bottom right hand corner of the sign (Sticker No.115) or alternative
number provided by the Shire of Manjimup.
Advice to Applicant:
Any change to the design / business details of the sign hereby approved
may need further approval from the Shire of Manjimup.
ADOPTED BY EN BLOC RESOLUTION: 11/0
Minutes - Ordinary Meeting of Council - 5 March 202022
ATTACHMENT
APPENDIX
9.5.2 Proposed Revision of Planning Policy 6.1.9 - Extractive
Industries
PROPONENT Shire of Manjimup
OWNER N/A
LOCATION / ADDRESS: Whole of Shire
WARD: N/A
ZONE: Priority Agriculture, General Agriculture,
Rural Small Holdings and Industry
DIRECTORATE: Development & Regulation
FILE REFERENCE: F161518
LEGISLATION: Planning and Development Act 2005
AUTHOR: Brian Robinson
DATE OF REPORT: 9 January 2020
DECLARATION OF INTEREST: Nil
BACKGROUND:
At its Ordinary Meeting held on 8 December 2016, Council adopted a revised
Local Planning Policy (LPP) Manual, including LPP 6.1.9 relating to Extractive
Industries. A copy of the current policy is appended.
APPENDIX: 9.5.2(A)
Since adoption of the policy, the Shire has received some 10 applications for
extractive industries, primarily gravel pits. Through the processing of these
applications it has been identified that there are inconsistencies with respect
to the level of information being provided at the time of application.
Extractive industries have potential to impact on the amenity of an area
through noise, dust, vibration, associated vehicle movements and visual
appearance. The level of potential impacts on adjacent land and users of the
local road network is generally proportionate to the:
a) size and duration of the extractive industry;
b) proximity to homes and other sensitive premises;
c) hours of operation and management techniques;
d) the existence of screening vegetation;
e) proposed transportation routes;
f) condition of the current road network; and
g) the type of traffic on the network (i.e. school bus routes).
For large, ongoing operations the submission of management plans
addressing traffic, noise, dust and vibration and rehabilitation is normally
required in support of any application. For smaller, short term operations, the
cost associated with having such management plans by appropriately
qualified consultants can make the project unviable.
Minutes - Ordinary Meeting of Council - 5 March 202023
Council is requested to consider adoption, for the purposes of advertising a
revised draft policy to guide the level of information to be provided both at the
time of application and/or through the conditions of approval.
A copy of the draft revised policy, prepared for Council’s consideration is
shown attached.
ATTACHMENT: 9.5.2(1)
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
COMMENT (Includes Options):
Part 10.2 of Local Planning Scheme No 4 outlines those matters that must be
considered when determining an Application for Development Approval. In
the opinion of author of this agenda item, the most relevant considerations for
extractive industries include, but are not limited to:-
(i) the aims and provisions of the Scheme and any other relevant Local
Planning Scheme operating within the Scheme area;
(ii) the requirements of orderly and proper planning including any
relevant proposed new Local Planning Scheme or amendment, or
region scheme or amendment, which has been granted consent for
public submissions to be sought;
(vi) The local government’s adopted Local Planning Strategy and any
Local Planning Policy adopted by the local government under
Clause 2.4, any Heritage Policy Statement for a designated Heritage
Area adopted under Clause 7.2.2, and any other plan or guideline
adopted by the local government under the Scheme;
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;
(xi) any social issues that have an effect on the amenity of the locality;
(xv) the preservation of the amenity of the locality;
(xvi) the relationship of the proposal to development on adjoining land or
on other land in the locality including but not limited to, the likely
effect of the height, bulk, scale, orientation and appearance of the
proposal;
(xvii) whether the proposed means of vehicular access to and egress from
the site are adequate and whether adequate provision has been
made for the loading, unloading, manoeuvring and parking of
vehicles;
(xviii) the amount of traffic likely to be generated by the proposal,
particularly in relation to the capacity of the road system in the
locality and the probable effect on traffic flow and safety;
To guide Council in considering the draft policy, the following comments are
offered:
Minutes - Ordinary Meeting of Council - 5 March 202024
Current Application Requirements
The current provisions of LPP 6.1.9 require that an application for an
Extractive Industry is supported by:
a) A detailed report detailing the management of the operation, including
noise and dust suppression measures;
b) A detailed Drainage Management Plan; and
c) A detailed Site Rehabilitation Plan.
As there is currently no requirement for these plans to be prepared by a
suitably qualified consultant, the management plans being submitted range in
detail and quality. The Department of Water and Environmental Protection
has on several occasions refused to support applications where sufficient
technical details have not been incorporated into the proposal, or where
detailed management plans have not been prepared.
Given the potential for impacts associated with larger ongoing extractive
industry operations it is recommended that the current policy be modified to:
a) Require Noise and Dust Management Plans to be prepared by a
suitably qualified consultant where the proposed location of the activity
is located within recommended buffers to sensitive premises such as
dwellings will not be met;
b) Require detailed drainage management plans to be prepared by a
suitably qualified consultants; and
c) Require detailed site rehabilitation plans where the land is to be
rehabilitated with native vegetation in order to ensure that appropriate
species and densities are established.
Land Use Compatibility
A key element in determining a proposal for extractive industries is the
assessment of the potential impact on the area. Matters of particular
significance are the potential impact on sensitive premises such as a dwelling,
the impact on the road network and the environment.
By requiring Noise and Dust Management Plans to be prepared where
recommended buffers will not be complied with, impacts on dwellings can be
appropriately qualified.
Separation from Sensitive Land Uses
The assessment of environmental factors associated with industry, is guided
by the Environmental Protection Authority prepared document “Separation
Distances between Industrial and Sensitive Land Uses”. As an example, for
Extractive Industries, the document recommends the following buffers
between the industry and any adjacent sensitive premises such as a dwelling:
Quarrying (including Blasting), crushing and screening 1000m
Quarrying (not hard rock) including blasting, crushing etc Case by Case
Sand and Limestone Extraction with no grinding or milling 300-500m
The purpose of the generic distances is to provide general guidance on
separation distances in the absence of site-specific technical studies or where
Minutes - Ordinary Meeting of Council - 5 March 202025
only an estimation of the area that could be subject to land use conflicts is
required.
Public Consultation
During the public consultation process, details submitted with the application
are referred to adjacent landowners for comment. Sufficient comments are
required to be provided to ensure that neighbours are fully informed as to the
potential impact on their property.
Length and Size of Operation
The potential for an extractive industry to impact on adjacent landowners, the
environment and the local road network is directly related to the size of the
operation and the length of time that the activity will be undertaken.
For example a small 1ha activity operated over a 1-2 year period will have
significantly less impact than a 5ha pit operated over a 5 year period.
Given the potential profits associated with a larger operation, it is more viable
for the proponent to have a suitable consultant prepare detailed, technically
based management and rehabilitation plans.
It is recommended that for smaller operations, the Management Plans could
be prepared by the landowner, except for Noise and Dust Management Plans
where recommended buffers are not met.
Environmental Protection Act 1986
The Department of Water and Environmental Regulation has advised that
associated activities such as crushing and screening of material may cause
the activity to become a prescribed premises for the purposes of Part V
Division 3 of the Environmental Protection Act. Prescribed premises are
subject to more stringent level of application detail, assessment and ongoing
management to mitigate potential impacts on the environment.
Progressive Rehabilitation
It has been common practice for Shire Officers to require the progressive
rehabilitation of extractive industries and to restrict the size of the active
excavation area to a maximum of 1ha. These practices were previously
endorsed by Council through adoption of the policy in December 2016.
It is recommended that these requirements be maintained.
STATUTORY ENVIRONMENT:
Shire of Manjimup’s Local Planning Scheme no.4
POLICY / STRATEGIC IMPLICATIONS:
The draft revised policy will assist in the delivery of the following Strategies
under the Shire of Manjimup Strategic Community Plan 2019-2029:
A2. Implement measures to protect and enhance the amenity and diversity
of the visual landscape
A8. Effectively use development and land policies to protect and
rehabilitate the environment whilst balancing the needs of the
community
Minutes - Ordinary Meeting of Council - 5 March 202026
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:
Where approval is granted to an extractive industry in the absence of formal
management plans, there is a risk that the activity will detrimentally impact on
the amenity of adjacent dwellings and/or the environment.
FINANCIAL IMPLICATIONS:
Advertising costs will be met through Statutory Planning’s operational budget.
SUSTAINABILITY:
Environmental: Extractive Industries have the potential to impact on the
amenity of a locality through dust, noise and traffic impacts. They also have
the potential to impact on the environment through impacts on water
resources, erosion and the removal of vegetation.
Economic: Extractive Industries are a key activity that are required to produce
basic raw materials for road and dam construction (i.e. for gravel, shale and
clay), rural activities (i.e. lime) and building materials. The activities have
potential to impact on local road networks.
Social: Extractives Industries must be appropriately separated from sensitive
land uses and managed so as to minimise the potential impact on adjacent
landowners and the amenity of a locality.
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That Council:
1. In accordance with Part 2 of Local Planning Scheme No. 4,
advertise the draft Local Planning Policy 6.1.9 – Extractive
Industries, as contained in Attachment: 9.5.2(1) for a period of
not less than 21 days, by way of a notice in a newspaper
circulating in the Scheme area and the Shire of Manjimup
website; and
2. Await a further report on the draft Local Planning Policy No.
6.1.9 – Extractive Industries following close of advertising.
Minutes - Ordinary Meeting of Council - 5 March 202027
COUNCIL RESOLUTION:
MOVED: Eiby, W SECONDED: Dawson Vidovich, S
28118
That Council:
1. In accordance with Part 2 of Local Planning Scheme No. 4,
advertise the draft Local Planning Policy 6.1.9 – Extractive
Industries, as contained in Attachment: 9.5.2(1) for a period of
not less than 21 days, by way of a notice in a newspaper
circulating in the Scheme area and the Shire of Manjimup
website; and
2. Await a further report on the draft Local Planning Policy No.
6.1.9 – Extractive Industries following close of advertising.
ADOPTED BY EN BLOC RESOLUTION: 11/0
Minutes - Ordinary Meeting of Council - 5 March 202028
ATTACHMENT
9.5.4 Proposed Submission on the Community Titles Act 2018
Discussion Paper - Planning and Development
PROPONENT Government of Western Australia
OWNER N/A
LOCATION / ADDRESS: N/A
WARD: All
ZONE: Town Centre, Residential, Industrial
DIRECTORATE: Development and Regulation
FILE REFERENCE: F200032
LEGISLATION: Community Titles Act 2018, Planning and
Development Act 2005
AUTHOR: Jocelyn Baister
DATE OF REPORT: 18 February 2020
DECLARATION OF INTEREST: Nil
BACKGROUND:
In 2009, a report was issued by the Land Tenure Committee advocating the
introduction of a community titles system in Western Australia. Community
titles systems operate in other states and were thought by that committee as
essential to enable the proper delivery of complex developments that combine
different land uses such as commercial and residential developments.
In late 2018, State Parliament passed a strata title reform legislation package,
comprising of:
Strata Titles Amendment Act 2018;
Community Titles Act 2018; and
consequential changes to the Planning and Development Act (among
other Acts).
Two new forms of land tenure have been created, these are the Strata Titles
Amendment Act 2018 – Leasehold strata scheme and Community Titles Act
2018 – Community scheme.
Following drafting of the associated Regulations for the Community Titles Act
2018, the Department of Planning Lands and Heritage (DPLH) is seeking
feedback on key planning and development provisions of the Community
Titles Act 2018. A response has been prepared and was submitted by Shire
Officers on behalf of Council for the due date of 28 February 2020, with a note
that the response was subject to endorsement of Council at a future date.
Council is now requested to consider the DPLH Discussion Paper on the
Community Titles Act 2018 and the key planning and development provisions
as shown attached as Attachment: 9.5.4(1). A copy of the response to
feedback questions is also attached.
ATTACHMENT: 9.5.4(1)
ATTACHMENT: 9.5.4(2)
Minutes - Ordinary Meeting of Council - 5 March 202029
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
COMMENT (Includes Options):
The Community Titles Act 2018 introduces a new form of tenure for land and
buildings to facilitate more complex or mixed-use subdivision and
development within a shared ownership environment. Underpinning every
community title scheme will be a Community Development Statement that
sets out how the community scheme is to be subdivided and developed.
What is a Community Scheme?
A community titles scheme is created through the subdivision of a freehold lot
and registration of a community development statement. This statement sets
out how the community scheme is to be subdivided and developed, including
staging and management.
From a land use and planning perspective, community title is similar to strata
title, however community titles has the added ability to:
create separate schemes and/or allow development to occur, but for
these proposals to be tied through the parent lot;
create more detailed by-laws that specify management responsibility
and financial commitments; and
share infrastructure, resources or facilities between the different
schemes on the parent lot.
There are up to three tiers of community titles schemes in a community
scheme. Each community title scheme will have:
its own community corporation established on registration of the
scheme with the Registrar of Titles; and
its own set of scheme by-laws, to govern the scheme.
See example below.
Minutes - Ordinary Meeting of Council - 5 March 202030
How do community titles schemes differ from strata titles schemes?
Unlike strata title schemes, community titles will not be made up of leasehold
schemes or strata and survey-strata schemes and there will be a requirement
to register an approved Community Development Statement, in respect of a
tier 1 scheme plan.
Currently, staged strata titled developments are an onerous process for
developers as the developer is required to have finalised building plans for
each stage prior to the commencement of development. Where changes to
plans are required, all owners in the strata scheme must consent to the
changes. More often developers choose to create multiple strata schemes
limiting the sharing of common property between schemes.
Benefits of community titles
Community titles (land) schemes will allow for large-scale planned land
developments with shared infrastructure and services, without complex
easement arrangements and contracts. Community titles (building) schemes
will facilitate a mix of uses in one or more buildings on a parcel of land, for
example, a single high-rise building that has residential, retail and commercial
lots.
Community schemes will allow for:
1. multiple tiers linked to the original landholding, which is not possible
through strata;
2. a degree of autonomy that cannot be accommodated in a strata titles
scheme;
3. shared ownership of utility and sustainability infrastructure and
amenities that may not be feasible for a single scheme to own and
operate, for example a wastewater treatment plant or a clubroom
facility; and
4. lots and common property in the scheme plan for a community titles
scheme may contain, as required:
a. short-form easements (vehicle access, party wall or utility
services); or
b. restrictive covenant (right of way, protection of conservation
vegetation or bushfire prone areas).
Subdivision Process
The Western Australian Planning Commission will be the responsible authority
for the determination of whether the community scheme is an appropriate
form of subdivision for the subject land based on the application and the draft
community development statement. If approved, the community development
statement will be registered on the tier 1 scheme documents.
The community development statement will set out the detailed land use,
subdivision and development controls and developer obligations. It may also
outline the staging and sequencing of subdivision and development and other
matters relevant to the community scheme including how amendments may
be undertaken.
Minutes - Ordinary Meeting of Council - 5 March 202031
The statement becomes a guiding document, that is subject to public
consultation, to which a planning decision–maker must give due regard and
approve subdivision that is consistent with the approved statement. The
approved statement consists of a 10 year development period after it is
registered, to which during this time the statement:
Binds developers, who cannot obtain development or subdivision
approval if the applicant is inconsistent with the statement;
Binds planning decision-makers, who must approve a subdivision or
development application that is consistent with the statement; and
Notifies landowners of all subdivision and development proposed as
part of the community scheme.
Consequential Amendment to the Planning and Development Act 2005
The Community Titles Act 2018 includes provisions which resulted in
consequential amendments to the Planning and Development Act 2005 (PD
Act) to provide for the integration of development with the subdivision of a lot.
This will facilitate a cohesive approach to planning and development where
subdivision and development should only be undertaken in conjunction with
each other. The new provision provides for a development application to
include a condition relating to subdivision (regulations are to be prepared for
implementation).
Conclusion
The changes to land tenure options for developers will facilitate the staging of
complex developments and will enable the sharing of common infrastructure
across stages. As this option is not currently available to developers, staged
developments with common property are not generally feasible. The
consequential amendment to the Planning and Development Act 2005 will
legislate current operational procedures.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005, Planning and Development (Local
Planning Schemes) Regulations 2015.
POLICY / STRATEGIC IMPLICATIONS:
The Action Plan for Planning Reform aligns with the following strategies of the
Strategic Community Plan 2019-2029:
B10. Ensure the regulatory environment is easy to navigate and
development, business and industry-friendly.
B12. Provide development opportunities and support local small businesses
to thrive.
D5. Undertake planning for the provision of potable water and deep
sewerage infrastructure where identified gaps exist.
D9. Develop town centres to showcase their unique characters and
encourage vibrant, mixed-use commercial and public spaces.
ORGANISATIONAL RISK MANAGEMENT:
Nil
FINANCIAL IMPLICATIONS:
Nil
Minutes - Ordinary Meeting of Council - 5 March 202032
SUSTAINABILITY:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That Council:
1. Note the Government of Western Australia’s Community Titles Act
2018 Discussion Paper – Planning and Development as shown at
Attachment: 9.5.4(1); and
2. Endorse the attached response to feedback questions as
submitted to the Department of Planning, Lands and Heritage by
Shire Officers and shown Attachment: 9.5.4(2).
COUNCIL RESOLUTION:
MOVED: Eiby, W SECONDED: Dawson Vidovich, S
28119
That Council:
1. Note the Government of Western Australia’s Community Titles Act
2018 Discussion Paper – Planning and Development as shown at
Attachment: 9.5.4(1); and
2. Endorse the attached response to feedback questions as
submitted to the Department of Planning, Lands and Heritage by
Shire Officers and shown Attachment: 9.5.4(2).
ADOPTED BY EN BLOC RESOLUTION: 11/0
Minutes - Ordinary Meeting of Council - 5 March 202033
ATTACHMENT
9.5.5 Delegated Planning Decisions for January 2020
PROPONENT Shire of Manjimup
OWNER Various
LOCATION / ADDRESS: Various
WARD: Various
ZONE: Various
DIRECTORATE: Development and Regulation
FILE REFERENCE: F170085
LEGISLATION: Local Government Act 1995
AUTHOR: Sean Tysoe
DATE OF REPORT: 18 February 2020
DECLARATION OF INTEREST: Nil
BACKGROUND:
In order to ensure the efficient and timely processing of planning related
applications, Council delegates authority to the Chief Executive Officer to
conditionally approve Applications for Development Approval that meet the
requirements of both Local Planning Scheme No 4 (the Scheme) and adopted
Council Policy.
Delegated planning decisions are reported to Council on a monthly basis to
ensure that Council has an appropriate level of oversight on the use of this
delegation. A Register of Delegated Development Approvals, detailing those
decisions made under delegated authority in January 2020 is attached.
ATTACHMENT: 9.5.5(1)
PUBLIC CONSULTATION UNDERTAKEN:
As shown in the attachment, where required applications were advertised in
accordance with the Scheme and Council’s adopted Local Planning Policy as
detailed in the Policy/Strategic Implications section below.
COMMENT (Includes Options):
During January 2020, ten (10) development applications were determined
under delegated authority. Table 1 shows the number and value of
development applications determined under both delegated authority and by
Council for January 2020 compared to January 2019:
Table 1: Planning Decisions Made January 2019 and 2020
January 2019 January 2020
Delegated Decisions 7 ($273,201) 10 ($1,245,263)
Council Decisions 1 ($150,000) 4 ($65,000)
Total 8 ($423,201) 14 ($1,310,263)
Table 2 compares the Year-To-Date statistics for delegated authority and
Council decisions for 2019-20 compared to the previous Financial Year:
Minutes - Ordinary Meeting of Council - 5 March 202034
Table 2: Planning Decisions Made Year-To-Date 2018-19 and 2019-20
YTD 2018-19 YTD 2019-20
Delegated Decisions 70 ($7,071,061) 58 ($5,011,498)
Council Decisions 30 ($9,341,800) 27 ($1,145,073)
Total 100 ($16,412,861) 85 ($6,156,571)
STATUTORY ENVIRONMENT:
The Scheme is a Local Planning Scheme, made in accordance with the
Planning and Development Act 2005 and associated regulations. Part 8 of
the Scheme states that Council’s prior planning consent is required for all
developments (including land use), except those developments identified
within Part 8.4 as being Permitted Development.
In accordance with Part 11.3 of the Scheme, Council has delegated a number
of planning powers to the Chief Executive Officer. These powers have been
on-delegated by the Chief Executive Officer to other staff in accordance with
clause 11.3.3 of Local Planning Scheme No 4.
Clause 11.3.5 of the Scheme requires that a delegation under the Scheme is
consistent with sections 5.45 and 5.46 of the Local Government Act 1995 (LG
Act) and the regulations referred to in clause 5.46 of that Act. Regulation 19 of
the Local Government (Administration) Regulations 1996 requires that a
written record of each delegated decision is kept.
POLICY / STRATEGIC IMPLICATIONS:
Applications for Development Approval must be assessed against
requirements of the Scheme and Local Planning Policies that have been
adopted in accordance with Part 2 of the Scheme. These Policies include
Local Planning Policy LPS4 6.1.2 Advertising of Planning Proposals which
details the level and scope of advertising required for Applications for
Development Approval.
Each application processed under delegated authority has been processed
and advertised, and has been determined to be consistent with the
requirements of all adopted Local Planning Policies.
ORGANISATIONAL RISK MANAGEMENT:
Nil.
FINANCIAL IMPLICATIONS:
The required planning fees have been paid for all applications for
Development Approval processed under delegated authority.
SUSTAINABILITY:
Environmental: Nil.
Economic: Nil.
Social: Nil.
Minutes - Ordinary Meeting of Council - 5 March 202035
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That Council receives the report on Delegated Development Approvals
for January 2020 as per Attachment: 9.5.5(1).
COUNCIL RESOLUTION:
MOVED: Eiby, W SECONDED: Dawson Vidovich, S
28120
That Council receives the report on Delegated Development Approvals
for January 2020 as per Attachment: 9.5.5(1).
ADOPTED BY EN BLOC RESOLUTION: 11/0
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