ORDINARY COUNCIL MEETING MINUTES - Shire of Harvey - 27th March 2018

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Shire of Harvey

ORDINARY COUNCIL
    MEETING
    MINUTES

                       27th March 2018
ORDINARY COUNCIL MINUTES                                                                                  27th March 2018

                                    TABLE OF CONTENTS
A.   OFFICIAL OPENING ............................................................................................................... 6

B.   RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE ....................................... 6

C.   APPLICATIONS FOR LEAVE OF ABSENCE ......................................................................... 6

D.   READING FROM A BOOK OF LEARNING AND WISDOM .................................................... 6

E.   DECLARATIONS OF MEMBERS’ AND OFFICERS’ PERSONAL
     INTEREST ............................................................................................................................... 6

F.   RESPONSE TO PREVIOUS QUESTIONS TAKEN ON NOTICE ............................................ 7

G.   PUBLIC QUESTION TIME ...................................................................................................... 7

H.   PETITIONS/DEPUTATIONS/PRESENTATIONS .................................................................... 8

I.   ANNOUNCEMENTS BY PRESIDING MEMBER OR CEO WITHOUT DISCUSSION ............. 8

J.   CONFIRMATION OF MINUTES .............................................................................................. 9

     Ordinary Council Meeting – 6th March 2018. ............................................................................ 9

K.   RECEIPT OF MINUTES AND RECOMMENDATIONS FROM COMMITTEES ..................... 34

     Harvey Local Emergency Management Committee – 12th March 2018. ................................ 34
     Yarloop Town Development Working Group – 13th March 2018. ........................................... 34
     Disability Access and Inclusion Committee – 13th March 2018. ............................................. 35
     Shire of Harvey & Leschenault Sporting Association Sub Committee – 19th March 2018 ....... 35
     Joint Town Planning Scheme No. 1 Committee – 22nd March 2018. ..................................... 35
     Yarloop Town Development Working Group – 26th March 2018. ........................................... 34
     Audit Committee – 27th March 2018. ..................................................................................... 36
     Corporate Services Committee – 27th March 2018. ................................................................. 9
     Development Services Committee – 20th March 2018. .......................................................... 15
     (Including Planning, Health and Building Reports listed below)

     8.1       PLANNING REPORT
               8.1.1 Redevelopment of the Wokalup Tavern (Tavern, Liquor Store (Drive
                     Thru), Licensed Restaurant and Use Not Listed – Brewery) –
                     Hopbroker Pty Ltd – Lots 65, 66 and 67 (11538) South Western
                     Highway, Wokalup (A002050). ...................................................................... 15
               8.1.2 Proposed Pet Food Processing Facility – Conveniently Raw – Lot
                     179 Thompson/Eckersley Road, Cookernup (A000160)................................ 22
               8.1.3 Caretaker’s Dwelling (Heritage Building Site) – Plunkett Homes on
                     behalf of Mr. J. and Mrs. M. Clifton – Lot 5 (No. 484) Clifton Road,
                     Brunswick Junction (A004823). ..................................................................... 42

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ORDINARY COUNCIL MINUTES                                                                              27th March 2018

     8.2       HEALTH REPORT
               8.2.1 Stallholder Permit Renewal – Mrs. D. Hiscock – The Big Coffee
                     Van/The Small Coffee Van – Lot 31 Old Coast Road, Australind
                     (HSI016 (8)). ................................................................................................. 30

     8.3       BUILDING REPORT
               8.3.1  Building Permit Applications Received – Building Permits Issued –
                      February 2018 – Shire of Harvey (BSR017 (15))........................................... 48

L.   OFFICER’S REPORTS

     TECHNICAL SERVICES
     1.   Proposed five (5) year Pump/Motor and Bore Maintenance Program –
          Technical Services – Shire of Harvey (FM/B001). ...................................................... 48
     2.   Tender T022018 – New Motor Grader – Technical Services – Shire of Harvey
          (T022018). ................................................................................................................. 80
     3.   Request for Financial Contribution towards a Safety Barrier (Pedestrian
          Fencing) – St Nicholas Church – St Nicholas Church Parish, on behalf of the
          Bunbury Diocesan Trustees – Lot 324 (No. 9) Paris Road, Australind
          (A007125). ................................................................................................................. 51

     CORPORATE SERVICES
     1.  Harvey Shire Office and Council Chamber Air Conditioning Upgrade – Tender
         – Various Tenderers – Harvey Shire Office and Council Chamber Building –
         Lot 19 (No. 102) Uduc Road, Harvey (T042018). ....................................................... 54
     2.  Fire Mitigation Green Waste Verge Pick Up – Shire of Harvey (Whole District)
         (HSA005). .................................................................................................................. 57
     3.  TransBunbury Proposed Bus Service Changes – TransBunbury (Public
         Transport Authority) – Australind (Includes Treendale and Kingston
         Residential Estates) (R000008f). ................................................................................ 59
     4.  Harvey Sporting Clays Association Inc. – Lease Renewal – Harvey Sporting
         Clays Association Inc. – Portion of Recreation Reserve 22672 (CZ012,
         A002464). .................................................................................................................. 62
     5.  Application for Exemption to Keep More Than The Prescribed Number of
         Dogs – Ms. Christine Steere – 31 Burleigh Drive Australind (A008971). .................... 64
     6.  Application for Exemption to Keep More Than The Prescribed Number of
         Dogs – Ms. Rabia Butt – 10 Citrine Street, Australind (A015119). .............................. 67
     7.  Community Sporting and Recreation Facilities Fund – Small Grant
         Applications – Harvey Football Club Inc. and Shire of Harvey – Harvey
         Recreation Ground and Leschenault Recreation Park (F000209)............................... 69
     8.  Proposal to Participate in a Regional Early Years Strategy – City of Bunbury –
         Bunbury Geographe Region. ...................................................................................... 73
     9.  Removal of Restrictive Covenant, Lot 219 Braidwood Drive, Kingston –
         Australian Vanguard/Shire of Harvey – Lot 219 Braidwood Drive, Kingston
         (A15497). ................................................................................................................... 75
     10. Meetings for Coming Months – Shire of Harvey (CCC001). ....................................... 77

                                                    - Page 3 -
ORDINARY COUNCIL MINUTES                                                                                   27th March 2018

M.   ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN
     GIVEN ................................................................................................................................... 77

N.   NOTICE OF MOTION FOR FOLLOWING MEETING ............................................................ 77

O.   QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN ........................ 77

P.   REPORTS OF MEMBERS .................................................................................................... 77

Q.   ORDERS OF THE DAY ......................................................................................................... 79

     1.        Section 70A – Lot 640 on Plan 44762 – Brian William Griffin and Lee Ann
               Griffin, 74A Parkin Street, Rockingham – Bushfire prone area. .................................. 79
     2.        Contract – Shire of Harvey and MCG Architects Pty Ltd – Architectural
               Services – Brunswick River Cottages Stages 2 and 3. ............................................... 79

R.   NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF
     MEETING .............................................................................................................................. 79

S.   MATTERS BEHIND CLOSED DOORS ................................................................................. 79

T.   CLOSURE OF MEETING ..................................................................................................... 82

                                                       - Page 4 -
ORDINARY COUNCIL MINUTES                                                27th March 2018
                                                                                 Page 5

                              SHIRE OF HARVEY

                              COUNCIL MINUTES

MINUTES OF THE ORDINARY MEETING OF THE HARVEY SHIRE COUNCIL, HELD IN
THE COUNCIL CHAMBER, YOUNG STREET, HARVEY, ON TUESDAY, 27TH MARCH
2018, COMMENCING AT 4.00P.M.

ATTENDANCE

Shire President                            Cr.   T.G.   Jackson
Deputy Shire President                     Cr.   P.J.   Beech
                                           Cr.   B.     Adams
                                           Cr.   M.     Boylan
                                           Cr.   M.     Campbell
                                           Cr.   C.     Carbone
                                           Cr.   W.     Dickinson             4.00p.m. – 5.20p.m.
                                                                              5.29p.m. – 6.30p.m.
                                           Cr.   P.     Gillett               4.00p.m. – 5.08p.m.
                                                                              5.10p.m. – 6.30p.m.
                                           Cr.   A.     Lovitt
                                           Cr.   P.     Monagle
                                           Cr.   A.J    Shortland
                                           Cr.   D.     Simpson

STAFF

Chief Executive Officer                    Mr.   M.     Parker
Executive Manager Corporate Services       Mr.   S.     Collie
Executive Manager Technical Services       Mr.   R.     Lotznicker
Manager Planning Services                  Mr.   S.     Hall
Manager Community & Economic Development   Mr.   P.     Quinlivan             4.00p.m. – 6.20p.m.
Senior Environmental Health Officer        Mr.   H.     Jones                 4.00p.m. – 6.20p.m.

GALLERY

                                           Mr.   T.     Hiscock               4.00p.m. – 6.20p.m.
                                           Mr.   J.     Murray                4.00p.m. – 5.29p.m.
                                           Mr.   I.     Craig                 4.00p.m. – 5.29p.m.
                                           Mr.   R.     Jackson               4.00p.m. – 4.50p.m.
                                           Mr.   B.     Hathway               4.00p.m. – 4.50p.m.
                                           Ms.   M.     Hardwick              4.00p.m. – 4.50p.m.
                                           Mr.   S.     Pywell                4.00p.m. – 4.50p.m.
                                           Mr.   C.     Wyrewenaden           4.00p.m. – 4.50p.m.
                                           Mr.   S.     Epiro                 4.00p.m. – 4.50p.m.

SIGNED                                                            DATED 24th April 2018.
ORDINARY COUNCIL MINUTES                                                    27th March 2018
                                                                                     Page 6

A.   OFFICIAL OPENING

     The Shire President opened the meeting at 4.00p.m.

B.   RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE

     Apology:         Cr. F. Burgoyne

C.   APPLICATIONS FOR LEAVE OF ABSENCE

     Nil.

D.   READING FROM A BOOK OF LEARNING AND WISDOM

     Read by Cr. Adams

E.   DECLARATIONS OF MEMBERS’ AND OFFICERS’ PERSONAL INTEREST

     •      Impartiality Interest

            Cr. Dickinson declared a impartiality interest in Technical Services Item 3 –
            Request for Financial Contribution towards a Safety Barrier (Pedestrian Fencing)
            – St Nicholas Church – St Nicholas Church Parish, on behalf of the Bunbury
            Diocesan Trustees – Lot 324 (No. 9) Paris Road, Australind (A007125).

            Reason

            Cr. Dickinson advised that she is a member of St Nicholas Church and declared
            she would leave the Chamber for the duration of the item.

            Cr. Dickinson declared a impartiality interest in Corporate Services Item 4 –
            Harvey Sporting Clays Association Inc. – Lease Renewal – Harvey Sporting Clays
            Association Inc. – Portion of Recreation Reserve 22672 (CZ012, A002464).

            Reason

            Cr. Dickinson advised that family members own a gun club site in the Shire of
            Harvey at Roelands. Cr. Dickinson declared she would deal with the matter on its
            merits.

            Cr. Carbone declared an impartiality interest in Item 8.1.2 Proposed Pet Food
            Processing Facility – Conveniently Raw – Lot 179 Thompson/Eckersley Road,
            Cookernup (A000160).

            Reason

            Cr. Carbone advised that one of the Proponents is a first cousin of his wife. Cr.
            Carbone advised that he will deal with the matter on its merits.

SIGNED                                                               DATED 24th April 2018.
ORDINARY COUNCIL MINUTES                                                      27th March 2018
                                                                                       Page 7

     •      Financial Interest

            Cr. Gillett declared a financial interest in Development Services Item 8.1.3 –
            Caretaker’s Dwelling (Heritage Building Site) – Plunkett Homes on behalf of Mr. J.
            and Mrs. M. Clifton – Lot 5 (No. 484) Clifton Road, Brunswick Junction (A004823).

            Reason

            Cr. Gillett advised he resides at the property the subject of the Item. Cr. Gillett
            declared he would leave the Chamber for the duration of the item.

F.   RESPONSE TO PREVIOUS QUESTIONS TAKEN ON NOTICE

     Nil.

G.   PUBLIC QUESTION TIME

     PLANING ITEM 8.2.1 – STALLHOLDER PERMIT RENEWAL – MRS. D. HISCOCK
     – THE BIG COFFEE VAN/THE SMALL COFFEE VAN – LOT 31 OLD COAST
     ROAD, AUSTRALIND (HSI016 (8)).

     Questions – Mr. Tony Hiscock asked the following questions to the Council:

               “1.     Why weren’t the same conditions applied to the permit for Full of
                       Beanz?
               2.      What was the driver/s for differences in the conditions being
                       applied to our permit?
               3.      What are the likely actions of any intervention of the Principal
                       Building Surveyor?
               4.      How will the Shire ensure that any intervention by him is not
                       biased and provides an equitable outcome that both vendors are
                       happy with?
               5.      As a business, what are our rights of appealing any decision of
                       the principal building surveyor?
               6.      Why now, after 7 years of no concerns being raised about
                       signage placement or graphics by the Principal Building Surveyor
                       or staff?”

     Answer – The Shire President responded advising that the Development Services
     Committee made an addition to a single condition that is reflected in the original
     condition, being that compliance with the Signs and Advertising Devices Local Law
     (original condition) be to the satisfaction of the Principal Building Surveyor. This was
     the only condition that was amended and has the same effect as the original
     condition.

     Given the number of questions and detail requested, the Shire President advised the
     questions would be taken on notice and a response provided in due course.

     Question – Mr Richard Jackson asked if the Corporate Services Committee
     minutes will be dealt by Council with reference to item 8.9 in those minutes.

     Answer – The Shire President responded yes.

SIGNED                                                                 DATED 24th April 2018.
ORDINARY COUNCIL MINUTES                                                  27th March 2018
                                                                                   Page 8

H.   PETITIONS/DEPUTATIONS/PRESENTATIONS

     PLANING ITEM 8.2.1 – STALLHOLDER PERMIT RENEWAL – MRS. D. HISCOCK
     – THE BIG COFFEE VAN/THE SMALL COFFEE VAN – LOT 31 OLD COAST
     ROAD, AUSTRALIND (HSI016 (8)).

     Mr. Tony Hiscock addressed Council in relation to the above mentioned Item
     urging Councillors to ensure that there is a level playing field for Traders,
     indicating that he does not want a sign dispute and that he is seeking an
     equitable solution to issues regarding signage of Traders. He indicated he
     would rather the Shire not be involved and prefers if the Traders can sort things
     out themselves.

     CORPORATE SERVICES ITEM 8.9 – RESPONSE TO ELECTORS PETITION –
     LOTS 1 AND 2 LUCY VICTORIA AVENUE, CLIFTON PARK – VARIOUS –
     CLIFTON PARK (A003525)

     Mr. Richard Jackson addressed Council along similar lines to his presentation
     at the Corporate Services Committee earlier in the day in relation to Corporate
     Service Committee Item 8.9. In addition to the points raised by Mr. Jackson at
     the Corporate Services Committee, Mr Jackson made the following points:

     •      Queried the section of the report which stated that few development
            designs had been supported previously, indicating that no designs had
            previously been supported;
     •      Raised the issue of the precedent of the purchase of land adjoining the
            Brunswick River for conservation purposes;
     •      Believed that the comments relating to the previous proposed development
            could enhance amenity is misleading;
     •      Indicated that high traffic volumes would only further increase if these
            properties were developed;
     •      Stated that land purchase fund had been set up for land purchase and
            therefore it should be used;
     •      Stated that the Reserve fund set aside for land purchase is for Heritage,
            Development and Community Purposes and not for Roads or Conservation;
            and
     •      Questioned the requirement for an Absolute Majority decision if the
            purchase was proceeded with.

     Chief Executive Officer Mr Michael Parker responded advising that any expenditure
     not contained in Council’s budget requires an Absolute Majority of Council, that the
     issue of Amenity as stated in the Council report was put forward in the context as an
     alternative view, not necessarily as an a preferred or recommended position, and
     advised that the purpose of the Land Acquisition Reserve Account is broad and
     development or community purpose could include a number of different initiatives.

     Mr. Parker explained that the structure of the Officer’s Report highlighted background
     information and relevant areas for Council’s consideration.

I.   ANNOUNCEMENTS BY PRESIDING MEMBER OR CEO WITHOUT DISCUSSION

     Nil.

SIGNED                                                             DATED 24th April 2018.
ORDINARY COUNCIL MINUTES                                                      27th March 2018
                                                                                       Page 9

J.     CONFIRMATION OF MINUTES

       ORDINARY COUNCIL MEETING – Tuesday, 6th March 2018.

       Recommendation

       That the Minutes of the Council Meeting held on Tuesday, 6th March 2018, as printed
       be confirmed as a true and correct record.

18/064.        Carbone/Boylan
                “That the Minutes of the Council Meeting held on Tuesday, 6th March
                2018, as printed be confirmed as a true and correct record.”
                                                                         CARRIED 12-0

Change in Order of Business

18/065.        Adams/Carbone
                “That the Agenda be taken out of order to consider Corporate Services
                Committee Minutes and Planning Items 8.1.1 and 8.1.2, Health Item
                8.2.1 as contained within the Development Services Committee Minutes
                within the Ordinary Council Agenda.”
                                                                       CARRIED 12-0

                              Corporate Services Committee
                                    27th March 2018.

       MINUTES

 Item No.    8.9
 Subject:              Response to Electors Petition – Lots 1 and 2 Lucy Victoria
                       Avenue, Clifton Park
 Proponent:            Various
 Location:             Clifton Park
 Reporting Officer:    Chief Executive Officer/Manager Planning Services
 File No.:             A003525                  Attachment Reg.17/39000 and 18/00014

Summary

At the Council Meeting held 12th December 2017, a petition was delivered to the Shire
President from landowners within Clifton Park requesting Council to consider the purchase of
Lots 5 and 6 (correct Lot description is Lots 1 and 2) Lucy Victoria Avenue, to be held for
Conservation and Recreation purposes. A copy of that petition is contained within
Attachment 1. Further signatures to that petition were received by Council on 3rd January
2018, refer Attachment 2.

Staff acknowledge the prominence of the site and the views of the Clifton Park community
recently expressed within the petition and in response to previous development proposals for
the site. The acquisition of individual land parcels has not been identified within the Shire’s
forward planning documents. Given this, it is recommended that the purchase of land should
not be made in an ad hoc manner and should consider if other potentially significant or
strategic land parcels exist elsewhere within the Shire that may have greater community
benefit.

SIGNED                                                                 DATED 24th April 2018.
ORDINARY COUNCIL MINUTES                                                      27th March 2018
                                                                                      Page 10

In light of the above, it is recommended that Council not purchase Lots 1 and 2.

Background

As evidenced by Attachments 1 and 2, the Shire President, at the Council Meeting held 12th
December 2017, was presented with the a petition seeking the purchase of these lots. The
petition was accompanied with the following introductory/supporting comments:

       •   “The residents would like to thank the Council and its Officers for their efforts so
           far to preserve the amenity of Clifton Park.

       •   An opportunity has arisen which could resolve the issue permanently.

       •   The Community request the President instruct the Shire of Harvey to consider the
           purchase of Lot5 (D0838471) and Lot 6 (D0838472), the land for sale at the
           bottom of Lucy Victoria Avenue.

       •   The purchase of this land is proposed for the benefit of all the Harvey Community
           and to protect the ecological value for the conservation and recreational use of
           the community.

       •   As was done in 1993 when Lot 131 was purchased by the government and
           gazetted as a "A Class:reserve" this land is proposed to be added to the existing
           reserve.

       •   We note that the document does not meet the exacting requirements of the
           Council's Standing Orders but does convey a clear message from the community
           to its elected members.

       •   We would be grateful for an update on the Shire's action at the next Council
           Meeting on 23rd January 2018.

       •   Information can be addressed to Richard Jackson 15, Harding Way, Clifton
           Park/PO Box 7213 Eaton or by email to rjackson@apecconsultants.com.au”

The original petition included 478 signatures of which 398 are on the Shire’s Electoral Roll.
80 signatures were received from persons not on the Shire’s Electoral Roll. A further 25
signatures were included on the second petition received.

Lots 1 and 2 Lucy Victoria Avenue, Clifton Park are located on the corner of Old Coast Road
approximately 3km south west of the Australind Post Office (refer Attachment 3). Lots 1
and 2 are approximately 3,499m2 and 3,299m2 in area respectively. Both lots are currently
undeveloped and are directly adjacent to the recently established Leschenault Regional
Park. An Extract of the LRP Plan is contained within Attachment 4.

At its meeting held 10th August 2010, Council resolved not to support the rezoning of these
lots from ‘Residential R2.5’ to ‘Residential R30’ (Amendment No. 82 to District Planning
Scheme No. 1) due to unacceptable environmental impact and inconsistency with the
amenity of the area. Notwithstanding, this resolution, the lots were approved by the West
Australian Planning Commission (WAPC) for rezoning to ‘Residential R30’ and the
Amendment was gazetted on 25th September 2012.

Various proposals to develop these lots have been submitted to Council and advertised for
public comment. Few of the design options have been supported by the community,
however at its meeting held 25th August 2015 Council resolved to endorse (subject to
conditions) a Structure Plan for 14 units. A copy of the Endorsed Structure Plan is contained
within Attachment 5.

SIGNED                                                                 DATED 24th April 2018.
ORDINARY COUNCIL MINUTES                                                      27th March 2018
                                                                                      Page 11

In July 2017, the Leschenault Regional Park (LRP) was established and omitted to include
Lots 1 and 2.

In 1993, adjoining Lot 131, Lucy Victoria Avenue was purchased by the State Government to
avoid it being developed for residential purposes. This land is presently Reserved for
Recreation and included within the recently established LRP.

Comment

The petition received raises a number of issues that require consideration.

Environmental issues

Previous reports to Council (associated with the consideration of development proposals)
have identified that the Lots have environmental attributes. The Lots contain similar
environmental attributes to adjoining Lot 131 which is contained within the LRP for
“Conservation and Protection” purposes. The reason why this land is not included within the
LRP is unknown to Staff. Being held in private ownership is not considered sufficient
reasoning given other privately owned parcels are contained within the LRP.

The environmental significance of this site compared to other land elsewhere within the Shire
needs to be given consideration. It is acknowledged that the Shire has previously purchased
land adjacent to the Brunswick River in Australind, however to spend further ratepayers
money on acquiring private property for environmental reasons should to be assessed
against other environmentally significant lots and balanced against other community
interests/expectations.

Planning issues

The land is zoned residential with a density code of R30. It has been specifically excluded
from the Regional Open Space designation and from inclusion in the Leschenault Regional
Park.

Aside from the recognised development potential of the site there are a number of other
matters which should be considered under the broader planning issues:

Amenity:

Residents within Clifton Park have previously expressed concern over the scale of
development proposed and the potentially detrimental visual impact will have as an entry to
the Shire. However, an alternative view could be that the property does have the right to be
developed for residential purposes and there is every chance that the eventual development
may improve the amenity of the area.

Services:

Should residential development occur it would require connection to services including
sewer. The extension of the sewer line to this site would assist the viability of other
unsewered sites in the area connecting to the system, particularly other commercial sites.

Traffic issues:

Development of the site would generate additional traffic, however, the road network has
been designed to accommodate likely increases in traffic movements in the area.

SIGNED                                                                DATED 24th April 2018.
ORDINARY COUNCIL MINUTES                                                      27th March 2018
                                                                                      Page 12

Strategic Implications

As evidenced above, it is not recommended that these lots be purchased on an ad hoc basis
or without being balanced against other community interests/expectations. Simply put, is the
proposed purchase considered significantly strategic to pursue given other land that may be
more important to acquire in terms of either heritage, development or community purposes?
This potentially includes further sites for waste management, civic purposes, depot
development, road rationalisation, conservation (possible environmental offsets) or
community/recreation purposes.

Financial considerations

The suggested purchase is not budgeted or identified within any of the Shire’s forward
planning documents, nor is the purchase of any other individual parcel of land. At present
Lots 1 and 2 are privately owned and acquiring them would take these properties out of the
Shire’s rate base. Furthermore, the Shire’s relevant Reserve Account will have calls on it in
future to accommodate various projects, including for road infrastructure and conservation
offsets.

Staff have made enquiries into the potential purchase price of the Lots and have been
informed that no ‘asking price’ exists and the owners are seeking “Expressions of Interest”.
An indicative value of between $500,000 and $1 million was suggested by the selling agent.

Precedent

Should the land be purchased Staff are concerned that an undesirable precedent may be
established in regard to:

•   The State Government previously acquired adjacent land and reserved it as Regional
    Open Space. Should sufficient weight be given to the proposal outlined in the petition,
    then serious consideration should be given to the State pursuing the acquisition of the
    land, however given the land has previously been excluded from inclusion into the
    Leschenault Regional Park and the current State finances, the potential for the State to
    purchase this site is questionable;

•   The Shire has previously acquired land adjacent to river foreshore; and

•   There are other sites of potential environmental/conservation significance that may have
    greater strategic importance in the environmental management of the Shire.

Conclusion

Given the number of issues, it is not considered appropriate governance for an ad hoc
decision to be made in isolation. There is already a significant amount of land previously
included in the Lot 131 Reserve, which includes the most environmentally fragile and
sensitive areas.

Statutory/Policy Environment

Shire of Harvey District Planning Scheme No.1

Lots 1 and 2 Lucy Victoria Avenue are zoned “Residential” with an assigned density coding
of R30 under the Shire of Harvey District Planning Scheme No 1.

SIGNED                                                                DATED 24th April 2018.
ORDINARY COUNCIL MINUTES                                                      27th March 2018
                                                                                      Page 13

Adjoining Lot 131, Lucy Victoria Avenue is Reserved for Recreation and included within the
recently established Leschenault Regional Park.

Shire of Harvey Policies

Shire of Harvey Policy 1.1.6 “Council Committees” outlines the role of Council’s main
Committees. The Policy identifies that the Corporate Services Committee deals with issues
regarding Governance, Finance, Audit and Administration including surveillance on Council’s
finances and specifically, “property transactions – purchase and disposal”.

Local Government Act 1995

Section 3.59 of the Local Government Act 1995 (LGA) deals with Commercial enterprises by
local government including major land transactions, which require a business case to be
prepared and a prescribed advertising process.

Regulations 8A and 8 of the Local Government (Functions and General) Regulations 1996
outline exemptions to the major land transactions requirements of Section 3.59 of the LGA.
Specifically the value of the land in question (Regulation 8A) is considered to be below the
exemption threshold for this local government (major regional centre), of $10million or 10%
of the operating expenditure incurred from the previous year (i.e. - $3.1M), whichever is
lesser. Furthermore, Regulation 8 would also provide an exemption if the proposed purpose
was not to produce a profit or that the land was not to be on sold for the exclusive use of
another.

Section 6.8 (1)(b) of the LGA outlines that a local government is not to incur expenditure from
its Municipal Fund for an additional purpose (i.e. – where no expenditure estimate is included
in the Annual Budget) except where the expenditure is authorised in advance by the local
government by an Absolute Majority.

Section 5.23 (2)(c) of the LGA allows a Council or Committee meeting or a part of a meeting
to be closed to the public if the meeting deals with “a contract entered into, or which may be
entered into, by the local government and which relates to a matter to be discussed at the
meeting”.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategies 1.1.6 and 1.2.7 state:

1.1.6   Continue to investigate opportunities for the provision of land for community,
        commercial and industrial development.

1.2.7   Encourage developers and relevant authorities to develop and implement foreshore
        management plans.

Budget Implications

The proposed lots are currently jointly rated (as one holding) with a Gross Rental Value of
$18,600. The current rates total $1,585.96.

A Structure Plan over the two lots has been previously approved for the creation of 14 strata
lots. If this development was to occur, rate revenue would increase considerably.

Purchase of the subject land would remove it from the Shire’s rate base.

SIGNED                                                                 DATED 24th April 2018.
ORDINARY COUNCIL MINUTES                                                  27th March 2018
                                                                                  Page 14

The Shire has a Land Acquisition Reserve Account, the purpose of which is “Acquisition of
land for either heritage, development or community purposes”. This account currently has a
balance of $924,103 however, no allocation from the account is provided for in the current
Budget.

Risk Management

The Risk Theme Profile identified as part of this report is Providing Inaccurate
Advice/information. The Consequence could be Financial or Reputational if land is
acquired by Shire of Harvey ratepayers without consideration to all strategic implications
raised within this report. The risk is mitigated by adopting the Officer’s Recommendation,
resulting in LOW risk being present.

Officer’s Recommendation

That Council:

1.     Receives the Petition and supplementary signatures seeking the purchase of Lots 1
       and 2 Lucy Victoria Avenue, Clifton Park for the purpose of Conservation and
       Recreation; and

2.     Declines to pursue the purchase Lots 1 and 2 Lucy Victoria Avenue, Clifton Park for
       the purpose of Conservation and Recreation for the reasons stated in the report.

NEW MOTION

Adams/Gillett
     “That Council:

       1.       Receives the Petition and supplementary signatures seeking the
                purchase of Lots 1 and 2 Lucy Victoria Avenue, Clifton Park for the
                purpose of Conservation and Recreation; and

       2.       Agrees to pursue the purchase Lots 1 and 2 Lucy Victoria Avenue,
                Clifton Park for the purpose of Conservation and Recreation for the
                reasons stated in the report.”
                                                                          LOST 3-9

                             Corporate Services Committee
                                   27th March 2018.

       MINUTES

       18/066.        Beech/Carbone
                       “That the Minutes of the Corporate Services Committee, held on
                       Tuesday, 27th March 2018, as printed, be received and the
                       recommendations contained therein be adopted by Council.”
                                                                      CARRIED 11-2

SIGNED                                                             DATED 24th April 2018.
ORDINARY COUNCIL MINUTES                                                   27th March 2018
                                                                                   Page 15

                              Development Services Committee
                                     20th March 2018.

         MINUTES

    Item No. 8.1.1
    Subject:             Redevelopment of the Wokalup Tavern and Proposed Brewery
    Proponent:           Hopbroker Pty Ltd
    Location:            Lots 65, 66 and 67 (11538) South Western Highway, Wokalup
    Reporting Officer:   Planning Officer (RD)
    File No.:            A002050                              Attachment Reg. 18/01061

Summary

An Application for Development Approval has been received for the proposed redevelopment
of the Wokalup Tavern on Lots 65, 66 and 67 (No. 11538) South Western Highway, Wokalup
(refer Attachment 1). The application proposes the following uses:

•     Tavern;
•     Brewery;
•     Licensed Restaurant;
•     a Drive Thru Bottle Shop; and
•     Liquor Store.

The application is referred to Council as “Brewery” is a “Use Not Listed” under the Shire’s
District Planning Scheme No. 1 (the Scheme). It is considered by Staff that the proposed
use may be consistent with the objectives and purpose of the zone and it is therefore
recommended that Council advertise the proposal and receives a further report following the
closure of advertising.

Background

Site Description

Lots 65, 66 and 67 (No. 11538) South Western Highway, Wokalup (the site) are zoned
“Special Use: Hotel” under the Scheme. The site is of regular shape with a total area of
4,484m2 (refer Attachment 2). The Tavern is located on Lots 66 and 67, and Lot 65 is used
for car parking.

The site has been the historical location of the Wokalup Tavern. Access is achieved via
South Western Highway with vehicle access also being available via Station Street to the
south and Hocart Road to the west.

Site History

Previous approvals which have relevance to the current proposal were granted by Council in
2006 and 2016.

Car Parking

At its meeting on 27th June 2006, Council granted Development Approval for a verandah and
extending the outdoor drinking area (beer garden). At the time, the Council report
acknowledged that there was a requirement for 145 car parking bays. Staff acknowledged at
the time that the car parking rates contained within the Scheme were excessive and
recommended a reduced rate consistent with adjoining Shires. In response, Council
resolved under Clause 4.4 of the Scheme to impose a condition for 40 car parking bays only.
The bays were not required to be sealed.

SIGNED                                                              DATED 24th April 2018.
ORDINARY COUNCIL MINUTES                                                    27th March 2018
                                                                                    Page 16

On 15th November 2006, Council granted Development Approval for a Bottle Shop by
converting 81m2 from the “Tavern” to a “Liquor Store”. The car parking requirement was
reduced from 145 to 123 bays. Notwithstanding, Council resolved to maintain the need for
40 car parking bays to be provided onsite.

At its meeting on 8th November 2016, Council granted Development Approval for the Bottle
Shop (Liquor Store) to relocate from the front of the Tavern to a proposed Colorbond
structure at the rear of the Tavern. The relocation of the Bottle Shop to the rear of the
Tavern was to allow the existing Bottle Shop to be converted into an Art Gallery/Museum.
The previous landowner did not proceed with that approval.

As evidenced above, Council has previously supported a reduced car parking rate and
further granted concessions as to the total number and standard of parking required for the
site. At present all previously approved development requires a minimum of 40 unsealed car
parking bays to be provided onsite.

Site Amalgamation

The Wokalup Tavern has been developed over three (3) different lots. All previous
Approvals have included a condition requiring Lots 65, 66 and 67 to be amalgamated.

Proposal

The Applicant proposes to redevelop the existing Wokalup Tavern which would include the
following works:

•   refurbishment of the ten (10) upstairs accommodation rooms;
•   a Brewery which includes a beer hall catering for 64 seats (approximately 120m2);
•   verandah area (approximately 85m2) and upstairs deck (approximately 67m2) to the rear;
•   relocating the Liquor Store to the northern end (replacing the playground facilities) and
    include a Drive Thru Bottle Shop providing a six (6) bay queuing area;
•   the existing Liquor Store would be converted back into a Restaurant, dining and lounge
    room;
•   an additional vehicle access point onto Hocart Road; and
•   51 car parking bays to be constructed and sealed with asphalt (refer Attachment 1).

As part of the application, the Applicant has agreed to amalgamate the lots as a condition of
Approval.

Comment

Proposal and Land Use Permissibility

The site is zoned “Special Use: Hotel”. In accordance with the Scheme, the permissibility of
the proposed uses is as follows:

                    Land Use                   Permissibility
                    Tavern                     Permitted (P)
                    Licensed Restaurant        Permitted (P)
                    Liquor Store               Incidental (IP)
                    Brewery                    Use Not Listed.

The proposed use “Brewery” is not listed in any of the zoning tables in the Scheme and is
therefore considered to be a “Use Not Listed”.

SIGNED                                                               DATED 24th April 2018.
ORDINARY COUNCIL MINUTES                                                      27th March 2018
                                                                                      Page 17

Clause 4.2.4(b) makes provision for a “Use Not Listed” to be considered and provides that
Council can “determine by absolute majority that the proposed use may be consistent with
the objectives and purpose of the zone”. The Policy Statement contained within Tables 35
and 36 (“Special Use: Hotel”) of the Scheme identifies these sites as being a commercial use
specifically for hotel and tourist land uses.

A Brewery is defined under the Scheme as:

       “means breweries, cideries and distilleries licensed as a producer under the Liquor
       Control Act 1988 and may be used to sell liquor produced on-site for consumption on
       the premises.”

The site has existing approvals for a “Liquor Store” (with a Drive Thru Bottle Shop) and
“Hotel” for 10 rooms. The proposed additional land use for a “Brewery” is considered
complementary to the existing approved land uses and consistent with the objectives and
purpose of the “Special Use: Hotel” zone. It is therefore appropriate for Council to determine
the additional land use as a “Brewery” and for it to be considered in the “Special Use: Hotel”
zone.

Advertising

Pursuant to Clause 4.2.4 of the Scheme, if Council determines that the proposed “Brewery”
is a “Use Not Listed” that may be consistent with the objectives and purpose of the zone, the
application will need to be advertised in accordance Section 64(3)(a) of the Planning and
Development (Local Planning Schemes) Regulations 2015 (Regulations).

Setbacks

The Scheme stipulates a front setback of 20m, a 15m rear setback and a 10m side setback
per side storey for development in the “Special Use: Hotel” zone. The application complies
with the front and rear setback requirements but seeks a variation under Clause 4.4.1 of the
Scheme for the additional upper deck and verandah area to be setback 6.6m from Station
Street.

Should the application be determined as a Use Not Listed, it will require advertising to nearby
landowners. It is considered that the proposed setback variation could be supported given
that:

•   the original building has a nil setback; and
•   the upper deck of the proposed development will be 26.6m setback from the nearest
    residential building on the south side of Station Street

Provided that no objections are received during advertising, it is recommended that the
requested setback variation be supported.

Car Parking requirements

The proposed development will generate the need for additional car parking. The Applicant
has proposed to construct 51 car parking bays onsite, six (6) car parking bays (queuing area
in the Drive Thru Bottle Shop) and an additional five (5) car parking bays exiting off Station
Street (total 62 bays).

The Applicant has suggested that the car parking ratios in the Scheme are far too onerous
and outdated in comparison to other Councils. The Applicant has requested that the car
parking ratios determined by the Shire of Augusta – Margaret River Car-Parking Strategy
2014 (CPS) is a more accurate reflection of the car parking requirements for the proposed
land uses.

SIGNED                                                                 DATED 24th April 2018.
ORDINARY COUNCIL MINUTES                                                      27th March 2018
                                                                                      Page 18

As part of the Applicant’s floor area calculation, the Applicant also provided an additional
floor plan (refer Attachment 3) that further refined the areas to be used as part of their car
parking calculation. The plan assumes that 30% of these areas would be used by patrons.
The remaining 70% would be used to accommodate live music, recreation, walkways and
landscaping, and therefore should not be used in the overall car parking calculation. Based
on the above, the Applicant has provided the following car parking calculations for
consideration:

Land Use          Requirement                   No. of rooms/area       No. of bays
Liquor Store      1 bay per 25m2 GLA1           145m2 GLA               6
Tavern            1 bay per 6m2 NLA2            100m2 NLA               16
Licensed          1 bay per 6m2 NLA or 6        150m2                   25
Restaurant        patrons seats
Motel             1 per room                    10                      10
1
  GLA means Gross Lettable Area which           Total                   57
includes utility and storage areas.
2
   NLA means Net Lettable Area which
excludes any storage, stairs, utility areas
and public thorough fares.
                                                Provided                51 + 6 queuing area

Discussion

Notwithstanding the Applicant’s justification, it is recommended that the car parking rates and
the consideration of concessions that Council has previously applied to this site be the basis
of any assessment. To this effect the following calculation rates are recommended:

Existing Development

 Land Use               Requirement             No. of rooms / area / seats      No. of bays
 Existing
 Hotel                  1 bay per room          10                               10
 Liquor Store           1 bay per 15m2          81m2                             5
 Tavern                 1 bay per 12.5m2        330m2                            26
                                                Total                            41

Proposed Development

The application proposes an additional 312m2 of floor area, excluding the Brewery, and any
toilet, kitchen, storage, bar counters or outdoor areas (grassed areas). The additional areas
would require the following car parking requirements:

 Land Use               Requirement             No. of rooms / area / seats      No. of bays
 Additional

 Tavern (new areas)  1 bay per 12.5m2           117m2                            9
 Licensed Restaurant 1 bay per 4 seats          84 seats                         21
                     1 bay per 12.5m2           133m2                            11
 Brewery (Hotel zone 1 bay per room plus        N/A                              0
 in general)         1 per 3m2 bar area
                                                Additional Required              41
                                                Existing Required                41
                                                Total Required                   82
                                                Proposed                         62
                                                Shortfall                        20

SIGNED                                                                 DATED 24th April 2018.
ORDINARY COUNCIL MINUTES                                                       27th March 2018
                                                                                       Page 19

In light of the above, the application would therefore be required to provide 82 car parking
bays onsite and has a shortfall of 20 car parking bays. Council is able to apply further
discretion to the development via Clause 4.4.1 to waive the car parking shortfall in favour of
supporting the development. Whilst it is possible to construct an additional 20 car parking
bays within the road reserve, it is not considered appropriate as it could impact on the Shire’s
drainage network. On this basis, it is recommended that Council support a minimum
requirement of 56 car parking bays onsite and six (6) queue bays (in the Drive Thru Bottle
Shop), and thereby waiving the 20 bay shortfall.

Internal Accessway and Car Parking Construction Standards

The Applicant has proposed to seal all car parking bays and accessways. An additional
accessway has been proposed from Hocart Road. If approved, a condition is required for all
internal roads and access ways to be drained, kerbed and sealed to the satisfaction of the
Executive Manager of Technical Services.

Landscaping

The Scheme stipulates a requirement that 10% of the site shall be landscaped. Should the
application be approved, it is recommended that a condition is imposed requiring a
landscaping plan to be prepared and implemented. Staff consider however, that the
proposed outdoors seating areas (lawned and paved or decked) will be adequate.

Heritage Considerations

The Wokalup Tavern is listed on Council’s Municipal Heritage Inventory as a Management
Category 3 (refer Attachment 4). The Inventory states that any additions should reinforce
the significance of the place, and original fabric should be retained wherever feasible. The
Applicant is proposing to significantly upgrade the overall façade and appearance to the
overall site without compromising the integrity of the original building. The façade will appear
more contemporary, but respectful to the original design of the hotel.

Furthermore, the redevelopment of the site would see the Hotel rooms, Dining, Restaurant
and Lounge areas being restored to their original state prior to their conversion to a Liquor
Store in 2006. On this basis, should the application be approved, it is recommended that a
condition is imposed requiring the Applicant to provide an Archival Record prepared by a
suitably qualified Heritage consultant, prior to the completion of any works on the site.

Amalgamation

At present the Wokalup Tavern traverses three (3) lots. Amalgamation to one (1) lot has
been a condition of previous Approvals that has not been complied with. This has been
discussed with, and supported by, the current landowners. Should the application be
approved, it is recommended that a condition be imposed requiring the lots be amalgamated.

Managing Waste Water and Effluent

The site is known to have a high water table and heavy clay based soils. Staff have raised
concerns with the Applicant that the soil conditions and ability to discharge effluent may
constrain the site’s development potential. As part of this application, the Applicant has
proposed to upgrade the existing effluent disposal system (septic tanks and leach drains) to
an Aerobic Treatment Unit (ATU) which includes flat-bed leach drains in an amended soil
profile.

SIGNED                                                                 DATED 24th April 2018.
ORDINARY COUNCIL MINUTES                                                                 27th March 2018
                                                                                                 Page 20

The Shire’s Environmental Health Staff have reviewed the proposal and consider that the
volume and area allocated to the total waste water facilities should be adequate. However, it
would require approval from the Department of Health of Western Australia (DoH). As part of
this application assessment process, the proposal will be forwarded onto the DoH for
comment.

Statutory/Policy Environment

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

•   Schedule 2 – Deemed Provisions, Section 64 – Advertising Applications:

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

              “(b)          relates to a use if —

                            (i)       the use is not specifically referred to in the zoning table for this
                                      Scheme in respect of the zone in which the development is
                                      located; and
                            (ii)      the local government determines that the use may be consistent
                                      with the objective of that zone and that notice of the application
                                      should be given;”

    “(3)      The local government may advertise, or require the applicant to advertise, an
              application for development approval in one or more of the following ways —

              (a)           by giving notice of the proposed use or development to owners and
                            occupiers of properties in the vicinity of the development who, in the
                            opinion of the local government, are likely to be affected by the granting of
                            development approval, including a statement that submissions may be
                            made to the local government by a specified day being a day not less than
                            14 days from the day on which the notice is given to the person;”

Shire of Harvey District Planning Scheme No.1

The following are portions of the Scheme that are relevant to this application:

•   Clause 4.2.4 – Zoning and Development Tables

           “If the use of land for a particular purpose is not specifically mentioned in the Zoning
           Table and cannot reasonably be determined as falling within the interpretation of one
           of the land use categories the Council may:-“

                     “(b)          determine by absolute majority that the proposed use may be
                                   consistent with the objectives and purpose of the zone and thereafter
                                   follow the advertising procedures of Clause 64 of the Deemed
                                   Provisions in considering an application consent. In approving such an
                                   application the Council may apply any conditions or development
                                   standards it deems necessary.”

SIGNED                                                                            DATED 24th April 2018.
ORDINARY COUNCIL MINUTES                                                         27th March 2018
                                                                                         Page 21

•      Clause 4.4.1 – Discretion to Modify Development Standards

•      Tables 35 and 36 – Zoning and Development Standards (Special Use: Hotel)

          “Policy Statement: Hotels and taverns are basically commercial uses. Because of
          specific traffic and other nuisances associated with liquor outlets, specific zoning has
          been applied to maximise community involvement in their location.”

Shire of Harvey Policies

•      4.1.13 Local Planning Policy for Heritage Places

The Shire’s Local Planning Policy for Heritage Places (adopted 27th October 2017) – sets
out the local heritage and planning framework for heritage places. The LPP also outlines the
methodology for the assessment of heritage places, the Management Category that should
be applied based on that assessment and, the limitations and development restrictions
related thereto.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 2.3.1 states:

          “Continue to implement integrated environmental, social and land use planning which
          will:
          • minimise land use conflict.”

Budget Implications

Nil.

Risk Management

The Risk Theme Profile identified as part of this report is Providing Inaccurate
Advice/Information. The Consequence could be Environmental, Financial, Reputational or
Compliance if incorrect advice is given or a condition missed. The Risk is mitigated by the
report being thoroughly researched, peer reviewed and provided by a qualified Council
officer, resulting in LOW Risk being present.

Officer’s Recommendation

That Council:

1.        Pursuant to Clause 4.2.4(b) of the Shire of Harvey’s District Planning Scheme No. 1,
          determine that the proposed “Use Not Listed” detailed in the Application for
          Development Approval for Lots 65, 66 and 67 (No. 11538) South Western Highway,
          Wokalup can be considered as a “Brewery” which may be consistent with objectives
          and purposes of the “Special Use: Hotel” zone;

2.        Pursuant to Clause 4.2.4(b) of the Shire of Harvey’s District Planning Scheme No. 1,
          the Application for Development Application for a “Use Not Listed” detailed in the
          Application for Development Approval for Lots 65, 66 and 67 (No. 11538) South
          Western Highway, Wokalup be advertised for public comment and referred to the
          relevant State Government Departments for a minimum of 14 days in accordance
          with Section 64(3)(a) of the Planning and Development (Local Planning Schemes)
          Regulations 2015; and

SIGNED                                                                   DATED 24th April 2018.
ORDINARY COUNCIL MINUTES                                                       27th March 2018
                                                                                       Page 22

3.       Receives a further report on the determination of the application following the
         conclusion of the advertising period.

18/067.         Carbone/Beech
                      “That the Officer’s Recommendation be adopted.”
                                              CARRIED BY ABSOLUTE MAJORITY 12-0

    Item No. 8.1.2
    Subject:             Proposed Pet Food Processing Facility
    Proponent:           Conveniently Raw
    Location:            Lot 179 Thompson/Eckersley Road, Cookernup
    Reporting Officer:   Planning Officer (ND)
    File No.:            A000160                             Attachment Reg. 17/34561

Summary

An Application for Development Approval has been received for a Pet Food Processing
Facility on Lot 179 Thompson/Eckersley Road (refer Attachment 1). The application is
referred to Council as Staff do not have delegation to determine the application as objections
have been received from nearby landowners on a range of concerns. Staff recommends the
application be approved subject to conditions.

Background

Site Description

Lot 179 Thompson/Eckersley Road is zoned “Intensive Farming” under the Shire’s District
Planning Scheme No. 1 (the Scheme) and is located approximately 3kms south west of the
Cookernup townsite. Lot 179 is of a triangular shape with an area of 35.8ha and is relatively
flat with no vegetation other than pasture grass around the vicinity of the existing old dairy
building, this being the location of the proposed pet food processing facility (refer
Attachment 2).

The site has minimal environmental constraints in relation to flora and fauna as there are no
remnant stands of vegetation or habitats within the vicinity of the old dairy building. The site
is however situated in the unproclaimed Karri Groundwater Management Area where there is
a high water table and is close to the Weeks Brook Drain which runs adjacent to the southern
boundary of Lot 179.

Site History

The property is used for the grazing of cattle however the existing old dairy building has not
been used for a number of years.

Proposal

The application proposes to process beef bi-products, chicken and kangaroo carcasses by
the use of a “whole prey” model mincer that produces a product containing meat, bones,
organs and hide. The carcasses are proposed to be obtained locally from abattoirs and local
licenced shooters. The Applicant provides the following information:

•     There is no waste due to the process involved where everything is used in the end
      product.

SIGNED                                                                 DATED 24th April 2018.
ORDINARY COUNCIL MINUTES                                                           27th March 2018
                                                                                           Page 23

•   A kangaroo processing permit will be obtained from the Department of Biodiversity,
    Conservation and Attractions – Parks and Wildlife section (DBCA) to enable purchase
    from local shooters.

•   It is only intended to process once per month over a period of up to three (3) days. Given
    this initial amount of processing, it is not financially viable to be operating in a
    commercial/industrial building.

•   It is proposed to utilise the existing old dairy building on the property which is still in good
    condition.

•   Minimal water consumption is involved to clean the machinery which is reduced by the
    proposed use of a ‘pressure washer’.

•   With the use of mobile refrigeration units, no product will be stored on site.

•   No sales are to occur on site and therefore minimal traffic is involved as there are only
    two (2) employees.

•   It is proposed to service the Perth and Bunbury markets.

•   For potable water an ‘inline ultraviolet water sterilisation system’ will be installed.

•   A portable toilet will be supplied on site.

•   A HOTTAP portable LPG water heater will be used to provide hot water.

•   All pet-food will be packaged and labelled as PETMEAT – NOT FOR HUMAN
    CONSUMPTION.

Advertising

Pursuant to Clause 64 of the Planning and Development (Local Planning Schemes)
Regulations 2015 (the Deemed Provisions), the application was advertised for a period of 38
days concluding on 22nd December 2017. This was an extension to the minimum required 21
days due to the advertising occurring towards the end of the year.

The proposal was referred to all landowners within 1000m, which is more than the distance
required by the EPA guideline of 500m (Guidance for the Assessment of Environmental
factors – Separation Distances between Industrial and sensitive Land Uses No.3, June
2005). No dwellings are within the 500m distance and one (1) dwelling is within the 1000m
distance from the existing old dairy shed that is proposed for the pet food processing (refer
Attachment 3). The proposal was also referred to the relevant State Government agencies.

A total of ten (10) submissions were received with one (1) supporting the proposal, five (5)
objecting to the proposal and four (4) commenting on the proposal. A summary of the
submissions received is provided in Attachment 4.

The main points from the objections are:

•   Smell/odours associated with the waste ponds/offal;

•   Expansion of the business into a larger premise with higher impacts on surrounding
    areas;

SIGNED                                                                     DATED 24th April 2018.
ORDINARY COUNCIL MINUTES                                                      27th March 2018
                                                                                      Page 24

•   Impacts on nearby Thoroughbred horses;

•   Proximity to the Harvey River;

•   Devaluation of property;

•   Medium industrial activity in a pristine farming area;

•   Increased traffic flow in narrow country roads; and

•   No prior consultation given.

The Applicant provided responses to the submissions objecting to the proposal (refer
Attachment 5).

Government Agency Referral

There were submissions from the Water section of the Department of Water and
Environment Regulation (DWER), the Environmental Regulation section of DWER, the
Department of Health and the Agriculture section of the DBCA (refer Attachment 4).

DWER raised the most significant concerns. The most significant concern related to a
possible detrimental effect on subsurface water quality due to leaching into the groundwater
and this being exacerbated by the flat land and high capability for waterlogging and/or
inundation in the vicinity of the pet meat processing activity. The full submission is provided
in Attachment 6.

Nevertheless despite the above, DWER provides that the risk for water resources,
specifically nutrient export, is “moderate”. With regard to this, DWER has not advised that
the proposed pet meat processing activity cannot be approved, but instead goes on to
provide advice notes in the management of these risks. It is also to be noted that a Works
Approval is required from DWER, which is a mechanism for ongoing monitoring of any
potential detrimental environmental impacts.

Comment

The proposed Pet Food Processing Facility is classified as “Industry – Rural” which is
defined by the Scheme as:

       “…an industry handling, treating, processing or packing primary products grown,
       reared or produced in the locality, and a workshop servicing plant or equipment used
       for rural purposes in the locality.”

Advertising

The main concerns from the advertising were the five (5) objections from local landowners.
The following provides comments (from the Applicant and by Staff) on the main concerns
identified:

•   Smell/odours associated with the waste ponds/offal.

    The Applicant provides that the proposed use is not an abattoir, nor a meat rendering
    plant. Abattoirs deal with slaughter of live animals and hence faecal excrement and
    odours. Meat rendering plants deal with rancid organic material and odours.

SIGNED                                                                 DATED 24th April 2018.
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