MISSION AND VALUES OF COUNCIL

 

"A Sustainable Community that is inclusive, attractive, healthy and pleasant to live in, that uses our land so as to preserve our history and environment, respects the rights and equality of our citizens and manages our future growth wisely."

 

AGENDA

 

 

 

FOR THE

 

Ordinary Meeting of Council

 

30 July 2015

 


OUR VISION

 

"A thriving and friendly community that recognises our history and embraces cultural diversity and economic opportunity, whilst nurturing our unique natural and built environment."

 

OUR MISSION

 

“To deliver affordable and quality Local Government services.”

 

CORE VALUES OF THE SHIRE

 

The core values that underpin the achievement of the

 mission will be based on a strong customer service

focus and a positive attitude:

 

Communication

 

Integrity

 

Respect

 

Innovation

 

Transparency

 

Courtesy

 

DISCLAIMER

The purpose of Council Meetings is to discuss, and where possible, make resolutions about items appearing on the agenda.  Whilst Council has the power to resolve such items and may in fact, appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by a Member or Officer, or on the content of any discussion occurring, during the course of the meeting.

 

Persons should be aware that the provisions of the Local Government Act 1995 (Section 5.25 (e)) establish procedures for revocation or rescission of a Council decision.  No person should rely on the decisions made by Council until formal advice of the Council decision is received by that person.  The Shire of Broome expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by a Member or Officer, or the content of any discussion occurring, during the course of the Council meeting.

 


Agenda – Ordinary Meeting of Council 30 July 2015                                                                              Page 3 of 4

 

 

 

Councillor

Cr  G Campbell

Cr J Bloom

Cr H Tracey

Cr D Male

Cr M Manado

Cr C Mitchell

Cr A Poelina

Cr M Lewis

Cr P Matsumoto

2013

21 November

 

 

 

 

 

 

LOA

 

19 December

 

 

 

 

 

 

2014

27 February

 

 

 

 

 

LOA

 

27 March – No quorum

A

 

LOA

 

LOA

 

LOA

NA

NA

 

31 March

 

LOA

 

 

 

 

 

24 April

 

 

 

 

 

 

A

 

22 May

LOA

LOA

 

 

 

LOA

LOA

 

26 June

 

 

 

 

 

 

LOA

 

24 July

 

 

 

 

 

LOA

A

 

28 August

 

 

 

 

LOA

 

 

25 September

 

 

 

A

 

 

A

 

23 October

Resigned  16/10/14

 

 

 

 

LOA

A

 

27 November

 

 

 

 

 

 

18 December

A

 

 

 

 

A

2015

26 February

 

 

LOA

 

 

 

26 March

 

 

 

 

 

 

30 April

LOA

 

 

 

 

A

 

2 June

 

LOA

A

 

 

 

25 June

 

 

A

 

 

 

30 July

 

 

LOA

 

 

 

27 August

 

 

 

 

 

 

24 September

 

 

 

 

 

 

15 October

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

·       LOA (Leave of Absence)

·           NA (Non Attendance)

·       A (Apologies)

 

2.25.      Disqualification for failure to attend meetings

     (1)     A council may, by resolution, grant leave of absence, to a member.

     (2)     Leave is not to be granted to a member in respect of more than 6 consecutive ordinary meetings of the council without the approval of the Minister, unless all of the meetings are within a period of 3 months.

  (3A)     Leave is not to be granted in respect of —

                 (a)     a meeting that has concluded; or

                 (b)     the part of a meeting before the granting of leave.

     (3)     The granting of the leave, or refusal to grant the leave and reasons for that refusal, is to be recorded in the minutes of the meeting.

     (4)     A member who is absent, without obtaining leave of the council, throughout 3 consecutive ordinary meetings of the council is disqualified from continuing his or her membership of the council, unless all of the meetings are within a 2 month period.

  (5A)     If a council holds 3 or more ordinary meetings within a 2 month period, and a member is absent without leave throughout each of those meetings, the member is disqualified if he or she is absent without leave throughout the ordinary meeting of the council immediately following the end of that period.

     (5)     The non‑attendance of a member at the time and place appointed for an ordinary meeting of the council does not constitute absence from an ordinary meeting of the council —

                 (a)     if no meeting of the council at which a quorum is present is actually held on that day; or

                 (b)     if the non‑attendance occurs —

                              (i)     while the member has ceased to act as a member after written notice has been given to the member under section 2.27(3) and before written notice has been given to the member under section 2.27(5); or

                             (ii)     while proceedings in connection with the disqualification of the member have been commenced and are pending; or

                         (iiia)     while the member is suspended under section 5.117(1)(a)(iv); or

                            (iii)     while the election of the member is disputed and proceedings relating to the disputed election have been commenced and are pending.

     (6)     A member who before the commencement of the Local Government Amendment Act 2009 section 5 1 was granted leave during an ordinary meeting of the council from which the member was absent is to be taken to have first obtained leave for the remainder of that meeting.

               [Section 2.25 amended by No. 49 of 2004 s. 19(1); No. 17 of 2009 s. 5.]

 

 


AgendaOrdinary Meeting of Council 30 July 2015                                                                                           Page 6 of 7

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 30 July 2015

INDEX – Agenda

 

1.               Official Opening.. 8

2.               Attendance and Apologies. 8

3.               Declarations of Financial Interest / Impartiality. 8

4.               Public Question Time. 8

5.               Confirmation of Minutes. 8

6.               Announcements by President Without Discussion.. 8

7.               Petitions. 9

8.               Matters for Which the Meeting May Be Closed.. 9

9.               Reports of Officers. 10

9.1      Our People. 11

9.1.1     EVENT APPROVALS - 2015 SHINJU MATSURI FESTIVAL. 12

9.2      Our Place. 18

9.2.1     BROOME NORTH VOLUNTARY DEVELOPER CONTRIBUTIONS. 19

9.2.2     APPLICATION FOR PLANNING APPROVAL - OFFICE DEVELOPMENT - LOT 11 (NO 27) NAPIER TERRACE. 20

9.2.3     LOCAL PLANNING POLICY REVIEW - POST GAZETTAL OF LOCAL PLANNING SCHEME NO 6. 44

9.2.4     APPLICATION FOR PLANNING APPROVAL - EXTENSIONS TO OFFICES - LOT 70 (NO. 11) NAPIER TERRACE, BROOME. 238

9.2.5     PRELIMINARY HERITAGE ASSESSMENT FOR POTENTIAL REGIONAL RESOURCE RECOVERY PARK SITES ON ROEBUCK PLAINS PASTORAL STATION.. 253

9.2.6     BROOME GOLF COURSE – PRELIMINARY SITE INVESTIGATION.. 263

9.3      Our Prosperity. 307

Nil

9.4      Our Organisation.. 309

9.4.1     PAYMENTS - JUNE 2015. 310

9.4.2     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT - JUNE 2015. 333

10.            Reports of Committee. 440

10.1      BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES 17 JUNE 2015. 441

11.            Notices of Motion.. 454

12.            Business of an Urgent Nature. 454

13.            Questions by Members Of Which Due Notice Has Been Given.. 454

14.            Matters Behind Closed Doors. 454

9.2.1  BROOME NORTH VOLUNTARY DEVELOPER CONTRIBUTIONS. 454

15.            Meeting Closure. 454

 


AgendaOrdinary Meeting of Council 30 July 2015                                                                                           Page 8 of 9

 

 

NOTICE OF MEETING

 

 

 

Dear Council Member,

 

 

The next Ordinary Meeting of the Shire of Broome will be held on Thursday, 30 July 2015 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5.00pm.

 

 

 

Regards

 

 

K R DONOHOE

Chief Executive Officer

 

23/07/2015

 


AgendaOrdinary Meeting of Council 30 July 2015                                                                                        Page 9 of 10

 

1.         Official Opening

 

 

2.         Attendance and Apologies 

 

              Attendance:

 

              Leave of Absence:        Cr M Manado (as grated at the OMC 25 June 2015)

 

              Apologies:

 

              Officers:

 

              Public Gallery:

 

3.         Declarations of Financial Interest / Impartiality

 

FINANCIAL INTEREST

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

4.         Public Question Time

 

The following questions were asked at the OMC held 25 June 2015 and were taken on notice:

 

The following question was asked at the meeting by Mary Berry:

I am a long term resident of the caravan park. Do we have any rights regarding tenancies in future after this 2.5 years or are we all going to be asked to leave by the new lessee? Are we going to have a home or aren’t we?

 

Answer provided by Deputy Chief Executive Officer:

The rights of residents in the park who reside for longer than 3 months are covered by the Residential Parks Long Stay Tenants Act 2006.  Any tender process and future lease of the park will need to ensure compliance with this legislation.  Officers have liaised with the Department of Commerce who administer the legislation.  The Department has indicated they are happy to undertake an information session during the 8 week consultation period for long term residents to explain their rights under the legislation.  Officers will include this action in the draft Community Engagement Plan.

 

********

 

The following question was asked at the meeting by Dave Poletti:

Will Council give consideration to private enterprise in the tender of the Roebuck Bay Caravan Park?

 

Answer provided by Deputy Chief Executive Officer; This will be a factor Council will consider as part of the tender documentation. 

 

********

 

The following question was asked at the meeting by David Cummins:

I have a background in swimming pools having been a board member of Royal Life Saving. Has there been consideration of the cost factor of including a swimming pool and the safety issues? 

 

Answer provided by Deputy Chief Executive Officer:

Yes there has been consideration to the cost factor of including a swimming pool.  Council has yet to determine a position on a swimming pool being included as part of any redevelopment and new lease at this time.  It is expected this will be determined in the coming months. 

 

5.         Confirmation of Minutes

 

Recommendation:

That the Minutes of the Ordinary Meeting of Council held on 25 June 2015 be confirmed as a true and accurate record of that meeting.

 

 

Recommendation:

That the Minutes of the Special Meeting of Council held on 23 July 2015 be confirmed as a true and accurate record of that meeting.

 

 

6.         Announcements by President Without Discussion

 

 

7.         Petitions

 

 

8.         Matters for Which the Meeting May Be Closed

The Chief Executive Officer advises that there are matters for discussion on the agenda for which the meeting may be closed, in accordance with section 5.23(2) of the Local Government Act 1995.

Recommendation

That the following Agenda items be considered under 14. Matters Behind Closed Doors, in accordance with section 5.23(2) of the Local Government Act 1995, as specified:

9.2.1      BROOME NORTH VOLUNTARY DEVELOPER CONTRIBUTIONS

Item 9.2.1 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “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”.

 

 

 


 

 

9.

REPORTS

OF

OFFICERS


 

9.1

Our People

 

_DSC2089

 

 

PRIORITY STATEMENT

 

Embracing our cultural diversity and the relationship between our unique heritage and people, we aim to work in partnership with the community to provide relevant, quality services and infrastructure that meet the needs and aspirations of our community and those visiting and doing business in our region.

 

Supporting and contributing to the well-being and safety of our community is paramount, as is our focus on community engagement and participation.

 

Council aims to build safe, strong and resilient communities with access to services, infrastructure and opportunities that will result in an increase in active civic participation, a reduction in anti-social behaviour and improved social cohesion.

 


Agenda – Ordinary Meeting of Council 30 July 2015                                                                                       Page 14 of 15

 

9.1.1      EVENT APPROVALS - 2015 SHINJU MATSURI FESTIVAL

LOCATION/ADDRESS:                            VARIOUS

APPLICANT:                                              Shinju Matsuri Inc

FILE:                                                           ORL33

AUTHOR:                                                   Events Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Deputy Chief Executive Officer

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    9 July 2015

 

SUMMARY:         This report seeks Council approval of various events to be included in the 2015 Shinju Matsuri Festival in accordance with the Shire’s Events Policy 5.1.11.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 12    July 2012             Item 9.2.4

OMC 20    June 2013                    Item 10.1

OMC 27    February 2014    Item 9.1.3

OMC 27    March 2014        Item 10.1

OMC 24    April 2014           Item 10.3

OMC 28    August 2014       Item 9.1.1

 

The Shire of Broome has entered into a three year sponsorship agreement with Shinju Matsuri Inc in accordance with Council’s resolution of 24 April 2014. The Agreement outlines the cash and in-kind sponsorship to be provided on an annual basis to support this community event. In February 2014, Council adopted Events Policy 5.1.11 which provides for three categories of events with criteria guiding whether they can be approved under delegation or should be brought to Council for approval.

 

COMMENT

 

This report seeks Council approval of those festival events which are required to be brought to Council in line with Policy 5.1.11- this is due to the events listed having attendance above 2000, or being located on Cable Beach reserve . These are outlined in the table below.

 

Event

Date

Estimated number of Spectators

Comments

Opening Ceremony

Friday 28 August

2000+

Partial Road Closures affecting Chinatown

Float Parade & Mardi Gras

Saturday 30 August

2000+

Partial Road Closures affecting Chinatown

A View to Asia

(Art Installation on Cable Beach reserve)

Thursday 27 August – Tuesday 15 September

Unknown

Cable Beach Reserve R3477 extending from the BSLSC to area north of Zanders

Sunset Long Table Dinner

 

Saturday 5 September

150-200

Cable Beach in front of Surf Club. Large marquee being erected on beach

Lantern Matsuri

 

Friday 4 September

2000+

Cable Beach in front of Surf club

Carnival of the Sea &  Closing Ceremony

Sunday 6 September

2000+

Road closures effecting Cable Beach West, Public vehicle ramp closures 6am-12pm, Car-park closures Cable Beach

 

Shinju Matsuri Opening Ceremony

 

Date:         Friday 28 August

Time:          16:00 – 21:00

Location:  Chinatown

 

The Opening Ceremony includes the awakening of Sammy the Dragon, a Welcome to Country, a welcome by the Shire President, the Shinju Matsuri President and other dignitaries. There will also be some entertainment on stage. Chinatown will be transformed with a Hawkers style market, and buskers to complement the official run of events.

 

Make Smoking History Float Parade & Make Smoking History Mardi Gras

 

Date:         Sunday 30 August

Time:          15:00 – 20:00

Location:  Commence Weld Street to Male Oval

 

The well-known Float Parade will commence at Weld Street and move through the streets to conclude at Male Oval. Local community groups, business and individuals are invited to parade their floats. The Floats are judged and the winner is announced at the Mardi Gras concert, held on male Oval with an MC, Youth Music Showcase and some community dance groups, Float parade presentations, speeches and the departure of Sammy the Dragon.

 

A View to Asia

 

Date:         Saturday 29 August - Sunday 13 September 2015

Location:  Cable Beach Reserve

 

A View to Asia is an exhibition of sculpture and installations held on the Cable Beach foreshore reserve, between the Broome Surf Club and the Cable Beach Amphitheatre.

Cable Beach, which takes its name from a physical communications link to Asia, will become the stage for artists' 3 dimensional interpretation of Broome's multiculturalism and our links to Asia.

This event has been exempted from planning approval under delegated authority as it is considered a temporary installation that does not affect the long term access to the area. Officers are recommending that this event be approved subject to the conditions outlined below in the Officer Recommendation. This event has also been undertaken in the previous year’s festival.

 

Sunset Long Table Dinner

 

Date:         Saturday 5 September

Time:          16:00 – 22:00

Location:  Cable Beach

 

The Sunset Long Table Dinner will be a beautiful set up along Cable Beach, with a long table catering for approximately 100-150 guests. The Dinner will feature 4 courses that are reflective of the 4 main cultures in Broome: Aboriginal, Malaysian, Chinese and Japanese. Each course will be accompanied by a cultural performance. The area will be lit with overhanging bamboo poles and lanterns.

 

Lantern Matsuri

 

Date:         Friday 4 September

Time:          15:00 – 20:00

Location:  Cable Beach

 

The Floating Lantern Festival is a new event that will add to the beautiful aesthetic of Cable Beach. 1000 lanterns will be released in a moving and culturally relevant ceremony where patrons can pay tribute and remember their culture and/or ancestors.

 

In the week leading up to the event there will be ‘Lantern Workshops’ where the public can purchase their Lantern, assemble it and write messages of remembrance.

At the event, patrons will be able to release their lanterns into the water, amid a small ceremony where they will be able to light it and set it afloat. There will be some entertainment in the form of music and local performers.

Lanterns will be collected at the end of the event and recycled for the proposed 2016 Shinju Matsuri Festival

 

Carnivale of the Sea & Make Smoking History Festival Finale

 

Date:         Sunday 6 September

Time:          14:30 – 20:00

Venue:      Cable Beach / Surf Club / Cable Beach Amphitheatre

 

A family activity afternoon on the beach. In conjunction with the Surf Life Saving Club, fun activities on the beach including sand castle building competitions, tug o’ war, flag races, face painting and other games.

 

The Festival Finale is the official closing of the festival, Come together with friends and neighbours for a free concert featuring the finest local musicians and guest entertainers in a fitting finale to Shinju Matsuri 2015. Every festival’s favourite moment, when the sky lights up with sparkles and colours to rival the stars at the end of the finale concert.

 

Other Events

 

Other Shinju events are planned to be held at the Broome Civic Centre which are treated like other events held at the Centre where the presenter (Shinju Matsuri) hires the centre for the event in line with the Shire’s policies and procedures for the Civic Centre. Therefore, Council approval is not required for these events. Further events are planned to be held on privately-owned premises (eg Roebuck Hotel) and therefore, while subject to usual health and building regulations and permits, do not require Council approval.

 

Officers Recommendations

 

Officers have been working closely with the Festival coordinators and the Shinju Board to ensure that all permits, traffic management plans, risk management plans and approvals have been prepared and submitted in accordance with Shire requirements. This report seeks Council’s approval of the Shinju events which fall outside current delegations of authority in line with Shire Policy 5.1.11.

 

Most of the proposed events are considered low risk and have been held in previous years and officers are recommending their approval subject to all regulatory requirements being met.

 

A View to Asia is considered a moderate risk event and therefore officers propose that Council delegates authority to the Chief Executive Officer to approve this event subject to the following conditions to ensure the success and safety of the event;

 

1.       The exhibition area that is used in the first year to be determined in liaison with Shire officers;

2.       Shinju Matsuri accepts all responsibility for and indemnifies the Shire against any liability arising from the event including obtaining sign off from a structural engineer where appropriate;

3.       Risk signage is installed at the site by Shinju Matsuri;

4.       Shinju Matsuri accepts all responsibility for the security, maintenance and/or replacement of the artworks;

5.       Shinju Matsuri accepts responsibility and reimburses the Shire for any remediation of the grassed area and its utilities where the artworks are installed;

6.       The Shire reserves the right, at its sole discretion, to remove and/or refuse any of the artworks for any reason whatsoever.

 

The ‘Sunset Long Table Dinner’ & ‘Lantern Matsuri’ are both new events to the Shinju Festival calendar. Based on the current information provided, both of these events are considered to be low to moderate risk subject to final assessment through the events planning and health departments. Therefore officers propose that Council delegates authority to the Chief Executive Officer to approve these events subject to meeting all regulatory requirements and any additional conditions deemed as required potentially including risk mitigation and site remediation measures.

 

Consultation

 

Shinju Matsuri Inc

Officers have advised Shinju Matsuri that affected traders and operators need to be advised and consulted regarding the program of events.

 

FINANCIAL IMPLICATIONS

 

The Shire’s Sponsorship Agreement with Shinju Matsuri includes in-kind support to a maximum of $50,000 per annum. This includes hire of the Civic Centre, traffic management, bunting, waste management and other logistical support. Any works required to be carried out in excess of this amount are to be charged to Shinju Matsuri as private works in accordance with the Shire’s Fees and Charges.

 

As the final application for many of these events are yet to be submitted the exact fees to be applicable are not yet known, but will be charged in accordance to the adopted Council fees and charges.

 

RISK

 

The majority of these events have been undertaken in previous years, or for newer events such as the Long Table Dinner there have been similar uses of the Cable Beach Reserve without incident. Relevant conditions will be applied to these events to ensure regulatory requirements are met and Shinju Matsuri is required to produce audited risk management plans under their sponsorship agreement. The overall residual risk after these mitigating factors is considered low.

 

STRATEGIC IMPLICATIONS

 

Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe.

 

Effective communication.

Participation in recreational activity.

A healthy and safe environment.

High level social capital to increases community capacity.

 

Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:

 

A preserved, unique and significant historical and cultural heritage of Broome. Retention and expansion of Broome’s iconic tourism assets and reputation.

 

Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs or a growing community:

 

Effective community engagement. Improved systems, processes and compliance.

 

POLICY IMPLICATIONS

 

Policy 5.1.11 Events

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Notes the program of events proposed to be held on Shire property as part of the    2015 Shinju Matsuri Festival;

 

2.       Delegates the authority to the Chief Executive Officer to approve the following        Shinju Matsuri Festival events subject to the applicant meeting all regulatory       requirements;

 

a)      Opening Ceremony

b)      Float Parade & Mardi Gras

c)      Carnival of the Sea

d)      Lantern Matsuri

e)      Sunset Long Table Dinner

f)       Closing Ceremony

 

3)      Delegates the authority to the Chief Executive Officer to approve ‘A View to Asia’ subject to the applicant meeting all regulatory requirements including;

 

1.      The exhibition area that is used to be determined in liaison with Shire officers;

2.      Shinju Matsuri accepts all responsibility for and indemnifies the Shire against any liability arising from the event including obtaining sign off from a structural engineer where appropriate;

3.       Risk signage is installed at the site by Shinju Matsuri;

4.      Shinju Matsuri accepts all responsibility for the security, maintenance and/or replacement of the artworks;

5.      Shinju Matsuri accepts responsibility and reimburses the Shire for any remediation of the grassed area and its utilities where the artworks are installed;

6.      The Shire reserves the right, at its sole discretion, to remove and/or refuse any of the artworks for any reason whatsoever

 (Absolute Majority Required)

 

Attachments

Nil  


 

9.2

Our Place

 

cablebeach

 

 

PRIORITY STATEMENT

 

The Shire of Broome has an abundance of unique natural features, coastal attractions, significant streetscapes, historic precincts and a mix of old and new urban developments.

 

Our aim is for all communities and settled areas, including the Broom Township, to be a place where the natural environment, on which life depends, is maintained, whilst at the same time the built environment contributes to the economy and a quality lifestyle for all.

 

Preserving the Shire’s natural environment is a critical community outcome. Council will put into place strategies that nurture and improve the Shire’s unique environment and biodiversity.

 

The Shire will work in partnership with the community and other agencies to ensure responsible and accountable management of both the natural and build environments is achieved in the short term and for future generations.


Agenda – Ordinary Meeting of Council 30 July 2015                                                                                       Page 21 of 22

This item and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “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”.

9.2.1      BROOME NORTH VOLUNTARY DEVELOPER CONTRIBUTIONS

LOCATION/ADDRESS:                            N/A

APPLICANT:                                              Shire of Broome

FILE:                                                           PLA67

AUTHOR:                                                   Director of Development Services

CONTRIBUTOR/S:                                    Statutory Planning Coordinator

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    9 July 2015

 

SUMMARY:         Local Development Plan No 1(LDP1) was adopted at the Special Meeting of Council on the 22 February 2010 and guided the development of the first stage of the Broome North subdivision area, which is commonly referred to as the Waranyjarri Estate.

Two subdivision applications were issued with approval (WAPC reference 140940 and 142150) which has resulted in the creation of 463 residential lots. All works have been undertaken and the Shire of Broome has issued subdivision clearance for all residential lots forming part of these subdivision applications apart from the local centre area.

The subdivision application 140940 was conditioned to require LandCorp to make arrangements with the Shire to identify requirements for external infrastructure and make a contribution. The majority of the contribution remains outstanding as an agreement has not yet been entered into on the expenditure of the funds.

The purpose of this report is for Council to consider a draft ‘voluntary agreement’ that has been prepared and to give authority to the Shire President and Chief Executive Officer to engross the agreement.

Attachments

1.

Attachment No 1 - CCA Community Infrastructure Items

2.

Attachment No 2 - LandCorp external infrastructure commitment letter

3.

Attachment No 3 - LandCorp letter of commitment to external infrastructure subdivision approval 142150

4.

Attachment No 4 - Draft Voluntary Contribution Agreement

5.

Attachment No 5 - Letter from LandCorp 2015

  


Agenda – Ordinary Meeting of Council 30 July 2015                                                                                       Page 22 of 23

 

9.2.2      APPLICATION FOR PLANNING APPROVAL - OFFICE DEVELOPMENT - LOT 11 (NO 27) NAPIER TERRACE

LOCATION/ADDRESS:                            Lot 11 (No.27) Napier Terrace

APPLICANT:                                              Engawa Architects

FILE:                                                           NAP-1/27

AUTHOR:                                                   Planning Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil.

DATE OF REPORT:                                    30 June 2015

 

SUMMARY: An application for Planning Approval has been received for the construction of a two-storey ‘Office’ building comprising approximately 641sqm Gross Leasable Area (G.L.A). Of this G.L.A, approximately, 133sqm will serve a storage purpose ancillary to the predominant ‘Office’ land-use. Schedule 16 of Local Planning Scheme No.6 (LPS 6) requires the provision of a minimum 21 car parking bays on-site to service the development as proposed.

While submitted plans detail the provision of 21 parking bays; the application seeks approval to construct 10 parking bays within the adjoining road reserve and is therefore presented to Council for consideration.

This report recommends that the application be approved subject to conditions.

 

BACKGROUND

 

Previous Considerations

 

OMC 5 October 1999                  Item 4.6              

 

Council at this meeting determined the Planning Application for the existing ‘Tyrepower’ development on site and granted approval for the construction of car parking bays and installation of landscaping within the Napier Terrace and Weld Street road reserves.  

              

Site and Surrounds

 

The 1,013sqm subject site is located on the corner of Weld Street and Napier Terrace and is zoned ‘Town Centre’ under LPS6. Existing land-use on-site consists of a shed and hard-stand car parking area associated with the operation of ‘Tyrepower’. Adjoining land is zoned ‘Town Centre’ with existing development within proximity ranging from a cinema land-use to the south, ‘Take-Away’ food outlet to the east, and ‘Office’ land-use to the north and west. 

 

The Proposal

 

The current application proposes to demolish the existing building on-site and to construct a two-storey ‘Office’ building. Submitted plans detail the construction of 21 car-parking bays, hardstand vehicle access and manoeuvring areas and the installation of landscaping. Ten car-parking bays are proposed to be constructed within the adjacent Napier Terrace and Weld Street road reserves. 

COMMENT

 

Land Use

 

The subject site is zoned ‘Town Centre’ under the provisions of Local Planning Scheme No 6 (LPS6). The proposed use is classified as an ‘Office’ use which is a permitted use. It should be noted that the submitted plans detail a 133sqm ‘Storeroom’ component which will be ancillary to the operation of the proposed ‘Office’, and is therefore not considered as a separate land-use.

 

The subject site is designated as ‘Town Centre’ in the Shire’s Local Planning Strategy (LPS), and falls within Precinct 1 (Chinatown). The objectives of the Town Centre designation under 3.2.20 of the LPS supports the proposed ‘Office’ use, whilst the LPS establishes a vision for Precinct 1 as the commercial centre for Broome, within which ‘Office’ land-use development is also encouraged.

 

The proposed development is also consistent with the objectives for the ‘Town Centre’ zone as set out under Clause 5.4 of LPS 6. With the exception of on-site car parking provision, (discussed further below), the development does not present variations to the site and development requirements applicable to the ‘Town Centre’ zone.

 

Built Form - Chinatown Design Guidelines & LPS 6 Provisions

 

Although the subject site is not within the area bound by the Chinatown Development Strategy (CDS), both Clause 4.32.1 of LPS 6 and part 3.2.20 of the Strategy establishes that development within the ‘Town Centre’ zone is to be undertaken in accordance with the CDS and the Chinatown Design Guidelines (CDG). Therefore while the CDS does not apply to the specific site, the CDG still provides guidance with regards to the built form to ensure new development complement the character objectives of the Town Centre Zone.

 

Parts 3.1, 4.2, and 4.3 of the CDG establishes that development is to result in the activation of street frontages. This is to be achieved via pedestrian friendly design that facilitates shading and preservation of sightlines to the public realm. The current application will contribute to the activation of the Napier Terrace street frontage through siting of built form and installation of landscaping in a way that will enhance interaction of pedestrians with the development. Submitted plans of elevation detail gabled and pitched roof design, open-air walkways and incorporation of major openings to ensure a built form that addresses both Napier Terrace and Weld Street. The proposed development will therefore meet the intention of the design guidelines and result in a built façade that will engage architecturally with the street. 

 

Parking Provision – Schedule 16 & Local Planning Policy 8.16

 

Schedule 16 of LPS 6 requires development within the ‘Town Centre - Chinatown’ zone to provide parking at a ratio of 1 bay per 25sqm of gross-leasable area (GLA) floor-space. This Schedule reflects the land use zone under the previous Town Planning Scheme No 4 (TPS4) and was not updated to clarify the parking requirements for the new ‘Town Centre’ zone to the west of Old Broome Road/Hamersley Street, which this site falls within. The interpretation of the Schedule is proposed to be clarified through amendments to the LPP’s (which forms a separate item in this agenda). 

Consistent with the proposed changes recommended to the LPP’s it is recommended that the car parking rate for development on this site be calculated based on the proposed land use, rather than the 1 per 25sqm car parking rate that is applied across all land uses (with the exception of Residential) in the Chinatown area. This is recommended because, while both areas share the same zoning, they are very different in how they have been developed and function. The Chinatown area, as referenced in the 2005 discussion paper, essentially functions as a large shopping centre with a mix of speciality stores and day-to-day convenience stores, whereby customers would generally visit more than one shop when attending the area. The Town Centre zone to the west of Hamersley Street/Old Broome Road does not function in this same way and each premises generally operates in isolation of the other with minimal opportunities for shared parking spaces within the road reserves.

At such, the rate of car parking to be provided is deemed to be as per the ‘Office’ land use which requires 1 parking bay per 30sqm of gross floor area.

Submitted plans have detailed approximately 508sqm GLA of ‘Office’ space for which 18 bays are required. 133sqm of GLA serving a storage purpose ancillary to the ‘Office’ use is also proposed, and an assessment of parking for this area has been made with reference to the relevant standard under Schedule 16, requiring the provision of one bay per 50sqm. Based on this, an additional three parking bays are required, meaning that a minimum 21 bays are required to service the proposed development as a whole. While submitted plans detail the provision of 11 bays on-site, the application proposes to construct ten parking bays within the adjoining road reserve. The Shire’s Local Planning Policy 8.16 (LPP 8.16) provides guidance in the consideration of proposals to install off-site parking within road reserves. Part 2.0 of LPP 8.16 requires that a minimum 50% of the required parking bays be provided on-site, with which the current proposal complies. LPP 8.16 provides that in order for ‘off-site’ parking to be considered, the application must address the following:

 

 a)     The location of the off-site park is conveniently located to the subject development.

b)      A safe and well lit pedestrian access can be provided between the sites

c)      The customers and patrons of the proposed development can be reasonably expected to use the ‘off-site’ parking area

d)      Any other relevant matters.

 

Additionally, LPP 8.16 requires that off-site parking areas are to be landscaped, with approval of off-site parking areas within road reserves to also be subject to a deed of agreement between the proponent and the Shire to ensure on-going maintenance of landscaping and parking areas. With consideration for the above matters identified under the policy, it is considered that the construction of off-site parking bays as currently proposed:

          a)      Will be conveniently located adjacent to the subject development;

b)      Will be landscaped to include safe pedestrian connection through vehicle manoeuvring areas, and lighting of pedestrian and parking areas; and

c)      Will be utilised by patrons and employees of the proposed development.

 

Further to the above, it should be noted that the existing development on-site currently features approximately 383sqm of hard-stand car parking area within the Napier Terrace and Weld Street road reserves. The current application proposes to construct approximately 236sqm of hardstand parking area within the Napier Terrace and Weld Street road reserve. The application has detailed the retention of existing boab trees and the installation of considerable landscaping and pedestrian connections along both street frontages and is expected to contribute significantly towards enhancing the amenity of the existing streetscape.

 

Local Planning Policy 8.20 – Provision of Public Art

 

Further to the provisions of Local Planning Policy 8.20 – Provision of Public Art, (and specifically clause 6.1), a contribution to public art to the value of $26,400 (being 1% of the estimated $2,640,000 construction cost of the development), is to be made to the Shire prior to the occupation of the development in accordance with the provisions of LPP 8.20. The public art contribution may take the form of a monetary contribution or the installation of a public art work on the development site or within a Crown Reserve adjoining or near to the development site. If the installation of art work is proposed, it must be approved by the Shire in accordance with the requirements in the ‘Guidelines for Developers – Provision of Public Art’

Summary

The application to construct ten parking bays and landscaping within the Napier Terrace and Weld Street road reserve in association with a proposed ‘Office’ development complies with the land-use objectives of the Strategy, CDS and Scheme. Additionally, the proposed development is consistent with the design guidelines of the CDG, and built form character objectives for the ‘Town Centre’ zone.

 

With reference for matters to be considered under Clause 10.2 of LPS 6, it is considered the proposal will contribute positively to the streetscape of the location, is not expected to impact adversely upon adjoining development, and as set out above, complements the development objectives for the zone as contained in relevant Shire documents. Accordingly, the application is recommended for approval subject to conditions to ensure ongoing maintenance responsibilities for car parking and landscaping areas within the road reserve. 

 

CONSULTATION

 

Not required.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

Local Planning Scheme No.6 – Refer to planning assessment under Attachment 3.

 

POLICY IMPLICATIONS

 

LPP 8.16 – Parking – Car, Motorcycle, Bicycle

 

LPP 8.20 – Provision of Public Art

 

LPP 8.21 – Design Guidelines – Chinatown

 

FINANCIAL IMPLICATIONS

 

The condition of planning approval with respect to public art would result in a cash contribution of $26,400 to the Shire or the installation of art work of an equivalent amount to be installed by the developer.

 

Conditions of approval are recommended setting out that the car parking and subsequent amendments to landscaping within the road reserves will be the landowner’s responsibility to maintain.

RISK

 

Nil

 

STRATEGIC IMPLICATIONS  

 

Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:

 

A built environment that reflects arid tropical climate design principles and historical built form

 

Best practice asset management to optimise Shires’ infrastructure whilst minimising life cycle costs.

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.         Approves the application for planning approval 2015/69 for an ‘Office’ at Lot  11 (No.27) Napier Terrace, Broome submitted by Engawa Architects subject to the following conditions:

i)     Development must be carried out in compliance with the plans and documentation listed below and endorsed with the Council's stamp, except where amended by other conditions of this approval.

Plans & Specifications

P1, P2 (Site Plans), P3, P4, (Floor Plans), P5, P6 (Elevations) & P7 (Landscaping Plan) as received by the Shire on 9 June 2015.

ii)    Prior to any construction or works commencing on site, the applicant must prepare and submit the following plan(s) for the approval of the Shire of Broome:

a.    A detailed engineering plan for all car parking and works (including footpaths, structures and crossovers) within the adjacent road   reserve;

b.    A storm water drainage plan designed and documented by a practising Civil Engineer;

          iii)      Prior to the occupation of the development, the applicant is to complete the           following works and therein maintain to the satisfaction of the Shire of Broome:

a.   Construct the car parking bays on site and within the adjacent road verge in accordance with the approved engineering plan and storm water drainage plan.

b.   Construct the footpath and crossover in accordance with the approved engineering plan.

c.    Install the landscaping in accordance with the approved landscaping plan.

d.    Install the screened refuse bin storage area as shown on the approved site plan.

iv)      Prior to the occupation of the development a deed of agreement is to be prepared and executed at the owners cost between the owner and       the Shire, in which:

a)   The owner is responsible for the maintenance of the car parking and landscaping within the road verge; and

b)   The owner indemnifies the Shire over any claim arising from the improvements in the road verge and agrees to take out and maintain public liability insurance for a minimum amount of $10 million for any one claim.

The deed of agreement is to permit the Shire to lodge a caveat against   the Certificate of Title to the land to secure the performance of the          obligations of the deed.

 

v)      A contribution to public art to the value of $26,400, is to be made to the Shire    prior to the occupation of the development in accordance with the provisions of LPP 8.20. The public art contribution may take the form of a monetary contribution or the installation of a public art work on the development site or        within a Crown Reserve adjoining or near to the development site. If the     installation of art work is proposed, it must be approved by the Shire in       accordance with the requirements in the ‘Guidelines for Developers – Provision         of Public Art.

 

          Advice Notes

i.   This approval does not permit the use of the land and or any building or undertaking of development unless all conditions have been and continue to be complied with. You are advised of the need to comply with the requirements of the following other legislation:

 

-        The Western Australian Building Act 2011 requires a Building Permit being obtained from the Shire before any work commences on site; and

-        Health Act 1911 and Department requirements in respect to the development and use of the premises.

Please note the above is not an exhaustive list of legislation and you may be required to comply with other relevant legislation.

 

ii.  If the development, the subject of this approval, is not substantially commenced within two (2) years from the date of this letter, the approval shall lapse and be of no further effect. Where an approval has lapsed, development is prohibited without further approval being obtained.

 

iii.    With regard to Condition (ii) above, the engineering plan for parking and  works (footpaths, structures, parking and crossovers) must be prepared in accordance with the Guidelines for the Construction of Carparking within the Shire of Broome Road Reserves.

 

iii.  The granting of this Planning Approval is not a clearance that there are no Aboriginal Heritage Sites on the land nor is it an approval under Section 18 of the Aboriginal Heritage Act, in the event that there is an Aboriginal Heritage Site on the land. The land owner will need to make enquiry and application to the Department of Aboriginal Affairs in this regard. 

 

iv. The development must be connected to the Water Corporations sewer and water.

 

v.  With regard to condition vi) the engineering plan must show a minimum 300mm clearance from the edge of footpaths to any solid obstruction.

 

2.         Authorises the Shire President and CEO to engross the necessary legal documents required to be prepared to satisfy the abovementioned conditions.

 

 

Attachments

1.

Plans - Lot 11 Napier Terrace

2.

Landscaping Plan - Lot 11 Napier Terrace

3.

Planning Assessment Summary - Lot 11 Napier Terrace

  


Item 9.2.2 - APPLICATION FOR PLANNING APPROVAL - OFFICE DEVELOPMENT - LOT 11 (NO 27) NAPIER TERRACE

Plans - Lot 11 Napier Terrace

 

 






Item 9.2.2 - APPLICATION FOR PLANNING APPROVAL - OFFICE DEVELOPMENT - LOT 11 (NO 27) NAPIER TERRACE

Landscaping Plan - Lot 11 Napier Terrace

 

 


Item 9.2.2 - APPLICATION FOR PLANNING APPROVAL - OFFICE DEVELOPMENT - LOT 11 (NO 27) NAPIER TERRACE

Planning Assessment Summary - Lot 11 Napier Terrace

 

 

 

Consideration

Relevant Clause

10.2  - Sub-Clause

Officer Comment

LAND USE

1

Scheme Aims

1.6

10.2 (a)

The application satisfies the following aims of the Scheme:

 

1.6.1 Place

            

         (f)         Safeguarding and enhancing the character and amenity of the built environment and urban spaces of the Scheme area.

 

1.6.3 Prosperity

 

(a)        Assisting employment and economic growth and providing opportunities for the establishment of businesses;

(b)        Providing a range of tourist facilities and accommodation and protecting strategically important tourist sites. 

2

Zoning / Reserve Purpose & Objectives

4.30-4.44

10.2 (a) & (g)

The subject site is zoned ‘Town Centre’ and Clause 4.4.1 and 4.4.2 establishes the following purpose and objectives:

 

4.4 Town Centre Zone

 

4.4.1    The purpose of the Town Centre Zone is to ensure that the area develops and

functions as the principal retail, activity and commercial centre for Broome with retail,

office, commercial, residential, social, recreational and community facilities.

 

4.4.2    The objectives of the Town Centre Zone are to:

(a) conserve and promote the heritage and aesthetic character and streetscape of

the Town Centre Zone;

(b) encourage development in accordance with the development strategy and

relevant design guidelines.

(c) provide for a mix of commercial activity including restaurants, bars and

residential development; and

(d) encourage residential development within the Town Centre Zone compatible

with commercial uses to enhance the safety, vitality and diversity of the Town

Centre Zone.

The development the subject of the current application complements the above objectives for the ‘Town Centre’ zone as set out in the Scheme.

3

Structure Plans / LDPs / Special Control Areas

5.24 - 6.3

10.2 (a)

The subject site is not located within a Special Control Area and does not fall within a Structure Plan or LDP.

4

Permissibility

4.17-4.28

10.2 (a)

The development proposed on site is an ‘Office’ land-use which has the following land use definition under LPS6:

 

“Office” means premises used for the administration of clerical, technical, professional or other like business activities.

 

An ‘Office is a ‘P’ land use which means that the use is permitted.

5

Orderly and Proper Planning

LPS / Strategies

10.2 (b) & (e)

Local Planning Strategy

 

The subject site is identified as being ‘Town Centre - Chinatown’ under the Local Planning Strategy. The Strategy provides the following strategic direction for development of land within the Town Centre:

 

Chinatown is designated as the Town Centre, reflecting the intention that it be the main commercial centre for Broome. The Town Centre designation provides for retail, office, commercial, residential, social, recreational and community facilities. The conservation and promotion of the unique heritage, architecture, and aesthetics of the town centre is reinforced by Chinatown Development Strategies and Design Guidelines.

The Strategy also identifies this site as falling within ‘Precinct 1 – Chinatown’, which provides the following strategic direction:

 

Precinct 1 contains all land proposed to be zoned ‘Town Centre’ under LPS6 extending from Roebuck Bay south to Frederick Street and west to include that portion of the Airport bounded by the future Jigal Drive extension and Sandpiper Avenue.

3.3.1.1 Precinct 1 (Chinatown)

Objective:

1)    Establish Precinct 1 as the major retail, activity and commercial centre of the townsite.

Guidelines:

·      Create diversity in the land uses being provided within the precinct to include offices, retail, community services, hotels, and maintain the cultural heritage, recreational and tourism values of the area.

·      Implement the Chinatown Development Strategy and design guidelines.

·      Re-zone Eastern portion of FDA 4 in the LPS6 when the Airport relocates to facilitate residential development.

 

The application is consistent with the strategic direction, objectives and guidelines for the ‘Town Centre’ as contained in the Local Planning Strategy.

DEVELOPMENT

6

Site and Development Requirements

4.32 & Schedule 15

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10.2 (a) & (w)

4.32 Development in the Town Centre Zone

 

4.32.1 Site and Development Requirements:

 (a) All land use and development shall be consistent with the Chinatown Development Strategy and relevant design guidelines. (Not applicable to current application)

(b) In considering applications for planning approval, council shall have regard to the Obstacle Limitation Surfaces (Schedule 18) and Australian Noise Exposure Forecast (ANEF) contours for the Broome International Airport (Schedule 17).

(c) Within the Town Centre zone residential development may be undertaken to a density coding of R50 in accordance with the Residential Design Codes. (Not applicable to current application)

(d) Notwithstanding the provisions of the zoning table residential development will not be permitted at street level unless provided for in an adopted development strategy. (Not applicable to current application)

(e) When determining site and development requirements for residential development, Council shall have regard to the 'Mixed Use Development' provisions of the Residential Design Codes. (Not applicable to current application)

6.1

Setbacks

Schedule 15 / OBDS

Schedule 15 – Development Standards – Mixed Use

 

Scheme Requirement

Proposed

Site Coverage (%)

75

Complies

Plot Ratio

1

Approx. 0.63 proposed. (641sqm)

Front Setback

Nil.

5.7m

Secondary Street Setback

Nil.

Nil.

Nil.

Nil.

Rear Setback

Nil.

Side Setback

Nil.

 

 

 

Special Conditions/Comments

Landscaping along street frontage within the road reserve is a requirement.

Will form a condition of the planning approval.

Building Height

Maximum 10m wall height

9.1m max. wall height proposed.

Maximum 14m building height

Maximum 9.3m roof height proposed.

Service Areas

Provision for onsite storage areas, bin areas and general service areas for loading and unloading of goods to be screened from view of the street.

The site has been designed to allow for adequate manoeuvring of service vehicles and loading. Bin store has been provided which allows for storage and collection which is screened from view of the street.

Noise Control

Land uses which have the potential to generate significant noise level due to machinery, amplified music or announcements or any other ambient noise may be subject of condition which require an acoustic report to be prepared by the applicant and any noise attenuation controls recommended by the report to be implemented.

The land use is not likely to emit any significant noise, with noise only likely to occur via vehicle traffic associated with the ‘Office’.

Broome-style architecture

The building style of all buildings within the Scheme Area are to be low scale of building bulk and have regard for local climatic conditions and traditional architecture features, including a pitched roof, single and hipped rook, gables, colourbond roof, and predominant wall materials of colourbond or timber.

 

Verandahs, shutters and similar features should be included in development to reduce solar penetration and increase access to prevailing breezes.

 

Materials of concrete, brick and zincalume or rendered walls must be painted and/or treated to reduce the impact of thermal heat load.

The applicant has provided detailed justification for the design with submitted plans presenting a modern representation of Broome-style architecture.

 

Materials and colours used are consistent with Broome-style and the design has had significant regard to climate responsive design.

 

Access

Where development is proposed that requires access to roads under the control of local government the local government may control the location, number, size and construction standards of local roads. Controlled access will apply to arterial roads shown on the Scheme Maps.

The roads adjoining the site are not shown as arterial roads on the Scheme Maps. The access proposed has been reviewed and no concerns are raised with regard to the proposed design of the vehicle access points.

Public Art

In accordance with LPP 8.20 – Provision of Public Art development is required to contribute a monetary amount equal to one per cent (1%) of the estimated total construction costs as indicated on the application for planning approval, for the development of public art work to enhance the public realm.

The estimated construction cost of construction is $2,640,000 and therefore a contribution of $26,400 (being 1%) is applicable. A condition of approval is recommended to require a contribution of $26,400 towards provision of public art in accordance with LPP 8.20.

Parking

Land within the Scheme Area shall not be used or developed for any purposes unless car parking bays, bicycle racks and motorcycle bays are provided on site in accordance with Schedule 16. Schedule 16 specifies the requirement for 1 parking bay per 30sqm ‘Office’ floor-space and 1 bay per 50sqm of storage type use.

 

Landscaping of external parking areas to reduce the heat retention of paved areas is to include landscaping in the form of shade streets at the rate of every 4 consecutive bays or 12m, which ever is the lesser.

21 parking bays are required for the development as proposed based on submitted plans detailing:

- 508sqm GLA ‘Office’ floor-space requiring 18 bays; and

- 133sqm floor-space dedicated for use as a store room requiring the provision of 3 parking bays.

 

Submitted plans show the provision of 20 car parking bays, (including 2 Accessible Bays), plus 2 scooter parking bays. Accordingly, it is considered the application complies with the parking provision requirements of Schedule 16.

 

The applicant has submitted a landscaping plan including details of pedestrian access, reticulation and plant species suitable to Broome. Additionally, the landscaping plan includes the provision of shade trees to parking bays.

Landscaping

When considering an application, the local government is to determine whether any tree has landscape significance and should be retained.

 

A landscaping plan which details the retention of existing tree/s and proposed landscaping on site and within the abutting road reserve may be required as a condition of planning approval for developments.

There are no significant trees required to be retained on the subject site, however, the application has detailed the retention of existing boab trees on-site.

 

 

The submitted landscaping plan details provision of landscaping within the Napier Terrace and Weld Street road reserves. A condition will be included in Planning Approval to ensure that landscaping within road reserves is maintained by the owner of subject Lot 11 Napier Terrace to the satisfaction of the Shire.

6.2

Plot Ratio

Schedule 15 / OBDS

6.3

Site Coverage

Schedule 15 / OBDS

6.6

Density

Schedule 15 / OBDS

6.5

Landscaping

5.14/Schedule 15

6.5

Building Height

5.11

6.7

Car Parking

5.7

6.8

Service Areas

5.8

6.9

Noise

5.9

6.10

Architecture

5.12

6.11

Public Art

LPP 8.20

6.12

Access

5.10

Compatibility

7

Compatibility, Amenity and Relationship with Adjoining Land

Consider Site and Development requirements

10.2 (i), (n), (o)

The subject development is proposed in an area that is zoned ‘Town Centre’, within which an ‘Office’ development as proposed is a permitted land-use. Adjoining development consists of a cinema, take-away food use, with land-use adjacent to the site across Weld Streets and Napier Terrace consisting of offices. From a land-use perspective the proposal is compatible with the location and setting, with the development of a scale consistent with the adjoining cinema development, and building height consistent with Scheme provisions.

 

The site is not listed on the Shire’s Municipal Inventory and is therefore not considered to have an impact upon heritage.

 

The subject site is not known to have any cultural significance and standard advice notes in this regard would be recommended for incorporation into the approval.

 

The subject development is unlikely to result in a loss in community services or social issues. The application has detailed that the proposed ‘Office’ use will facilitate delivery of medical supplies and services to remote communities.

 

The development is proposed on a lot which is already cleared of native vegetation. Detailed technical drawings would be provided with regard to drainage and storm-water management of the site, as per conditions of approval.

 

Given the RL level of the site, is it not likely to be affected by inundation. The building will be designed in accordance with the BCA for cyclonic conditions, and due to the urban and developed context of its setting, the site is not at risk of bushfire.

 

The design of the site has provided appropriate access and movement of traffic to and from the site.

 

The site has adequate access to public utilities to support this development.

 

 

 

The application is a ‘P’ land use. In accordance with LPP 8.23 – Public Consultation – Planning Matter, the application does not require public consultation. The Shire has undertaken consultation with the Department of Lands with regard to Council’s concerns over the deck over the road reserve.

8

Heritage

Part 7

10.2(h)

9

Cultural Significance

 

10.2(k)

10

Social Issues and Community Services

10.2(j) & (z)

11

Natural Environment & Drainage

10.2 (d) (l) & (y)

 

12

Natural Hazards

 

 

10.2(m)

13

Access and Traffic

10.2 (p), (q), (r), (s), (u) & (v)

14

Public Utilities

10.2(t)

Consultation

15

Submissions & Anything Else

9.4

10.2 (aa),(bb) (dd) & (ee)

 


Agenda – Ordinary Meeting of Council 30 July 2015                                                                                       Page 42 of 43

 

9.2.3      LOCAL PLANNING POLICY REVIEW - POST GAZETTAL OF LOCAL PLANNING SCHEME NO 6

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Shire of Broome

FILE:                                                           PLA08

AUTHOR:                                                   Statutory Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    6 June 2015

 

SUMMARY:         Local Planning Scheme No 6 (LPS6) was gazetted on 30 January 2015 and in response to the gazettal of the Scheme a full review of the Shire’s existing Planning Policies and Local Planning Policies (LPP’s) has been undertaken. 

The review identified a number of amendments to the LPP’s to ensure that the Policies reference the correct Scheme, updated zones and land use definitions. In the review of the Policies it was also identified that a new Local Planning Policy – Minor Development should be prepared to establish minor development and to exempt them from the need to obtain planning approval.

Council resolved to adopt the proposed amendments and the draft LPP - Minor Development for the purposes of seeking public comment at the February 2015 Council Meeting. The public comment period has now closed with one submission received.

The submission and amendments to the LPP’s are now presented to Council for final adoption.

 

BACKGROUND

 

Previous Considerations

 

OMC 26 February 2015                     Item 9.2.2

 

The Shire of Broome has eight Planning Policies and 25 Local Planning Policies (the Policies). These Policies have been adopted under Town Planning Scheme No 4 to provide guidance on the exercise of discretion on planning matters or to establish standards to guide appropriate development within the Shire of Broome. 

 

While Clause 2.6 of LPS6 has saving provisions for Local Planning Policies (LPP) which means that all existing Policies remain operative, the Policies require review to ensure that they are all relevant to the new Scheme. Further, LPS6 now provides zoning and development provisions for the whole Shire as opposed to TPS4 which only covered a portion of the Shire (generally consisting of the Broome townsite, east to Skuthorpe and north to Willie Creek). This has given rise to the need to review the Policy application areas and in some cases include additional provisions to guide appropriate development given the additional land area and zones now included in LPS6.

 

 

 

COMMENT

 

Local Planning Policies perform an important function in the local planning framework to guide planning decisions and to provide consistency and direction to the Council officers and the community on what Council considers acceptable development.

 

To ensure that appropriate guidance is provided all Planning Policies were reviewed due to the gazettal of LPS6. The Council agenda item prepared in February 2015 for the initiation of the proposed amendments provides details on the general amendments which were common to most LPP’s and also a more detailed description of proposed changes to LPP’s that were considered to be more substantial than administrative correction. This report will not repeat these comments.

 

The proposed amendments to the LPP’s have been advertised for public comment, with one submission being received. The details of the submission and the officer’s response is set out under the Consultation section of this report.

 

Further, since the public consultation period, officer’s in dealing with enquiries and assessment of development applications have identified some additional modifications which are shown highlighted in the Policies set out in Attachment No 1. Further a summary of the additional changes are shown in Attachment No 2.

 

Additional amendments proposed to LPP’s that are common to all Policies included:

 

·    Amendments to reflect changes in position titles due to the organisational restructure undertaken in February 2015.

·    A number of the Policies referred to the ‘Culture and Natural Resource Use’ zone as ‘Cultural and Natural Resource Use’ zone. These references were updated to reflect correct zoning title.

 

Some of the more substantial changes are set out below:

 

LPP 8.5 – Shipping and/or Storage Containers

 

Under the provisions of the current Policy up to 10 containers can be entertained in the Rural Small Holdings Zone and the Light and Service Industry zone. It was proposed as a part of the Policy review to reduce the number of containers to 5 instead of 10.

 

Upon review it is considered that the number of containers that can be installed in these two zones remains at 10, for the following reasons:

 

§ The Rural Small Holdings zone is the Skuthorpe area on Broome Road. Given the size of the lots, the land uses undertaken and as the lots are completely screened from Broome Road, the use of up to 10 containers on these sites is not considered to have an impact upon the amenity of the area.

§ Similarly with the Light and Service Industry zone, the general provisions of the Policy still establish that the containers are to be screened and as such it is considered that the use of up to 10 containers would not be inconsistent with the amenity of this zone.

 

LPP 8.9 – Cash in Lieu Car Parking – Chinatown

 

It is proposed that the Application area of the Policy is clarified through the inclusion of a figure which clearly shows which properties fall within the Chinatown area (note this figure is consistent with the defined area in the Chinatown Development Strategy). This change would result in a slightly different application area, as the Policy currently only applies to those lots which front Napier Terrace and does not extend to the properties fronting Fredrick Street. Given the Policy was developed based on a discussion paper prepared in 2005 which incorporated lots within this area, it is recommended that the application area be updated to be consistent.

 

Further, it is recommended that a background section be included in the report setting out that the Policy provisions were informed through the 2005 Discussion Paper and remove the references to the discussion paper within the clauses of the Policy. This is recommended as the 2005 Discussion Paper does not form a part of the Policy, however was an informing document which lead to the Policy provisions being adopted.

 

It is also proposed that the Policy clarifies through the inclusion of an additional provision that the car parking rate for the previously zoned ‘Town Centre – Chinatown’ zone, only be applied to the defined Chinatown area and does not extend to the new ‘Town Centre’ zone to the west of Hamersley Street/Old Broome Road. This is proposed to clarify the interpretation of Schedule 16 of LPS6, as this Schedule was not updated to reflect the new land use zones that have now been applied through the gazettal of LPS6. It is proposed that the Policy clarifies the car parking rate within Chinatown would be calculated at the rate of one bay per 25sqm of Gross Floor Area regardless of the land use (with the exception of residential development), whereas the rest of the Town Centre zone car parking would be calculated based on the proposed land use.

 

While it is noted that both areas now share the same zoning, they are very different in how they have been developed and function and therefore it is not recommended that the same car parking rate be applied. The Chinatown area, as referenced in the 2005 discussion paper, essentially functions as a large shopping centre with a mix of speciality stores and day-to-day convenience stores, where customers would generally visit more than one shop when attending the area. The Town Centre zone to the west of Hamersley Street/Old Broome Road does not function in this same way and each premises generally operates in isolation of the other with minimal opportunities for shared parking spaces within the road reserves. It is therefore considered that car parking within this area should be calculated as per the proposed land use as set out in Schedule 16 of LPS 6 as opposed to applying a flat rate.

 

LPP 8.10 – Parking, Landscaping, Storage, Crossover and Drainage Standards for Planning Applications

 

The Policy under both the general parking section and the verge parking section establishes that all bays are to be sealed, kerbed, line marked and sign posted. The sealing, kerbing and line marking is sufficient to clearly establish a car parking bay and to sign post it as such is considered unnecessary and impractical. It is therefore recommended that the requirement that bays be sign posted is removed.

 

8.14 – Refunding and Waiving/Reducing of Planning Fee’s

 

It is proposed that this Policy is amended to give the ability for 50% of the planning application fee to be refunded where an application is withdrawn following a request for further information being received by the applicant. This is proposed as the current Policy provisions limit the ability for the fee to be refunded if the request to withdraw the application is not received within 21 days of submission of the application. In some circumstances, the applicant may have not had adequate opportunity to give consideration on whether they wish to proceed with the application as the further information may have only just been issued by the Shire. The amendments proposed are considered more equitable.

 

8.15 – Planning Approvals – Amendments/Extensions to Term of Approval and Requests for Further Information

 

Amendments to this Policy were proposed to reflect the new provisions in LPS6 whereby an amendment to a planning approval can only be considered when the development has not commenced. These amendments were included in the background section of the report and also Clause 1.2.

 

It is proposed that these references are deleted as the Planning and Development (Local Planning Scheme) Regulations are due to be gazetted shortly and will become operational in mid-October 2015. These Regulations will introduce deemed provisions which would result in the operational parts LPS6 being revoked and replaced with provisions that will apply to all Schemes across the State. The Regulations will allow for amendments to planning approval to be submitted once development has commenced. Therefore once the Regulations are operational the Policy will become ultra vires. It is therefore recommended that this provision is removed.

 

8.16 – Provision of Parking

 

Clause 2.3 of this Policy outlines that the proponent can engage the Shire to design and construct the car parking, it is proposed that this be deleted. Additional text is recommended to be included setting out that it is the applicant’s responsibility to arrange for the design, supervision and construction in accordance with the Shire’s Guidelines.

 

The way the current provision is drafted, it allows the proponent to either design and construct the parking, or to engage the Shire to design and construct. The current wording of the Policy implies that the option to engage the Shire is a given when it may not be the case. While the Shire may be engaged to undertake private works, operationally this may not be possible. It is therefore recommended that this is removed and the Policy establishes that the applicant is to make arrangements in this regard.

 

Similar to the comments under LPP 8.9 above, an additional provision has been recommended for inclusion clarifying how the car parking rate for the ‘Town Centre’ zone is to be calculated.  Further for clarification, an additional clause is proposed for inclusion under the ‘cash-in-lieu’ section setting out that cash-in-lieu in Chinatown is to be calculated in accordance with LPP 8.9.

 

8.17 – Signs

 

The Shire of Broome currently has two Policies providing direction on signage, being the LPP 8.17 – Signs and the Planning Policy 4.1.13 – Chinatown Signage and Advertising and a number of amendments were proposed to the LPP to incorporate the provision of the Planning Policy 4.1.13. Upon review it has been identified that further amendments should be undertaken as described below:

 

·    Clause 1.1 sets out that signs must be within or on the boundaries of the lot on which the business is operating.  Given that the Chinatown signage provisions are now incorporated into this LPP, there are some situations were signs strictly will not be on the property if it is attached to an awning or veranda which extends over the footpath.  It is therefore recommended that clarification be included that such signs are considered acceptable.

·    Clause 1.10 was included to provide clear direction on signage standards within Chinatown. It is proposed to include at the start of the clause with ‘Notwithstanding any other provision of this policy...’. This is proposed to ensure that it is clear that this section is a primary consideration for applications for signs within Chinatown.

·    The current Chinatown Signage Policy allows for three signs per tenancy and on a corner lot it is three per frontage. It is recommended that a similar provision is included to be consistent with the current Policy provision.

·    Under the ‘signs not permitted’ include a sign which is not erected on the lot which a business is operating.  While this is included as a ‘general provision’ it is recommended that this is included as a ‘not permitted’ type of sign such that officers do not have discretion to approve such types of signs. This will be further expanded on in the comments below.

·    Inclusion of additional clause 1.17 which establishes the criteria for which applications are to be referred to Council for determination. This is proposed to be included to streamline the assessment process of signage applications and give officers the ability to approve more applications under delegated authority. This will be further explained below.

The current Policy provides for a set of performance criteria, however it is unclear as to how the performance criteria are to be applied and whether officers have discretion to apply performance criteria under delegation from Council. The signage provisions contained within the Policy generally reflect the ‘exempt signs’ prescribed under LPS6 and therefore the Policy, other than establishing ‘not permitted’ signs and the additional provisions for the Chinatown area, does not establish any additional direction to that provided as exempt signs under the Scheme.

 

It is considered that the performance criteria established in the Policy gives adequate guidance to assess signage applications that may proposes a variation to the size of the sign. It is therefore recommended that an additional provision be included that gives the ability for Officer’s to determine applications under delegation where it meets the performance criteria and the aggregate size of the signs do not exceed 20% of the area of the building elevation. Officer’s will still not have the ability to determine application for sign which are defined as ‘not permitted’ under Clause 1.12.

 

It is considered that this approach will ensure that the objectives of the Policy will still be satisfied and would deliver a streamlined assessment process.

 

8.18 – Operative Policy

 

The role of DCU over time has been expanded to incorporate more than just planning approvals, but also extends to other approvals, licences and/or permits issued by other operational areas at the Shire under relevant local laws and Regulations. While this in the main incorporates areas falling within the Development Services Directorate, it also includes items such as event applications in the Community and Economic Development Directorate and works related applications in the Infrastructure Directorate.

 

This has been undertaken to ensure that prior to determination of such applications, they are raised for discussion to allow a streamline process for assessment and also to incorporate the views that may be impacted across directorates. To reflect this additional text description is included under the background section, an additional objective is proposed, relevant staff have been referenced and an additional clause 6.5 is proposed to reflect this process.

 

It is also proposed to include an additional clause clarifying that where applications are to be advertised, the form and type of advertising is to be undertaken consistent with LPP 8.23.

 

8.19 – Telecommunications Infrastructure

 

The State has release a draft of the updated SPP which proposes to override any setback prescribed in adopted LPP’s and establish that the infrastructure is to be setback the height of the facility. It is therefore recommended that the Policy is updated so unreasonable expectations within the community are not created and the primacy of the SPP is recognised.

 

8.20 – Provision of Public Art

 

At the Ordinary Meeting of Council in February 2015, Council resolved to adopt the Public Art Masterplan and also to review the policies relating to Public Art and present these to the Committee for recommendation to Council. The Committee are considering the proposed amendments at the meeting on the 16 July 2015.

 

As a result of the review, it is proposed that the Policy is amended in the following manner:

 

-     Include additional information in the background section, setting out that the installation of art helps to achieve the objectives of LPS6. 

-     Amend Policy statement 1.1 setting out that a contribution is to be made to an amount equal to one percent of the development costs which is to be satisfied as either a monetary contribution or installation of public art work on site (current Policy emphasises that it should be a monetary contribution).

-     Amend 1.2 to state that the contribution must be ‘made’ as opposed to an invoice being issued.

-     Amend 1.3 to establish criteria that must be satisfied if public art is proposed to be installed onsite or immediately adjacent to the site. The provision that such art has to be clearly visible to the general public has been maintained and a provision requiring that the art is development in accordance with a Public Art Report, consistent with the Shire’s Guidelines has been recommended. 

-     Inclusion of a provision setting out that art built in accordance with the Policy is considered minor development and will not need planning approval from the Shire.

 

Overall it is considered that the above amendments would result in improved outcomes as it will streamline the processes in the event an applicant wishes to construct the public art, as it is deemed ‘minor development’ and therefore exempt the need to obtain planning approval. The changes proposed also sets out that the applicant can either construct the public art or make a monetary contribution. While this is provided for under the current Policy the emphasis was placed on making a monetary contribution.

 

Further the Policy refers to the recently prepared Guidelines for Public Art, which have been prepared by the Community Development business unit to provide clear direction on how the Community Development section will assess/review proposal for public art in the event it is proposed to be constructed by the developer or the Shire will construct Public Art from the funds collected from this Policy.

 

 

 

8.23 – Public Consultation – Planning Matters

 

This Policy prescribes the level of consultation required for particular planning applications. The key section of the Policy which establishes the consultation required is Schedule 1 – Consultation Matrix. As the consultation matrix is based generally on whether a development is a ‘P’, ‘D’ or ‘A’ land use, the land use permissibility’s in the zoning table were reviewed in detail to ensure that an appropriate level of consultation is established. In this review it was identified that some land uses should require level B consultation (owners of properties being potentially affected consulted in writing with minimum 14 day consultation period) instead of level C (ad in newspaper, sign on site, written letters to all properties within 100m and a 21 day comment period). This would streamline the planning assessment process (as a shorter comment period is applicable) and would reduce costs (Level C consultation requires an additional fee of $205 plus costs).

 

It is proposed that the following land uses require level B consultation, instead of level C consultation:

 

·    ‘Agricultural – Intensive’ in the General Agriculture and Culture and Natural Resource Use zone.

·    ‘Bed and Breakfast’ in the Residential and Rural Residential zones;

·    ‘Family Day Care’ in the Residential, Rural Residential and Mixed Use zones; and

·    ‘Home Business in the Residential zone’.

 

As the above land uses are likely to only impact on land owners within proximity to the site, rather than the wider community at large, Level B consultation is considered more appropriate.

Draft Minor Development Policy

Clause 8.2 of LPS6 sets out which form of development is exempt from the need to obtain planning approval and sub-clause 8.2 (g) gives the ability for the Shire to adopt a Local Planning Policy to establish minor development which does not require the issue of planning approval.

Attachment No 3 is the draft Policy which has been developed to set out which forms of development are considered minor and therefore are proposed to be exempt from the need to obtain planning approval. It is considered through the adoption of this LPP development which is minor and does not present any need to undertaken a planning assessment or be considered against Clause 10.2 – matters to be considered under LPS6, be exempt. This will streamline approval processes and remove unnecessary ‘red-tape’.

The draft LPP was also advertised for public comment and no submissions were received in this regard.

Summary

Based on the above comments, it is recommended that Council adopts the proposed amendments to the Local Planning Policies and the new draft LPP – Minor Development, as set out in Attachment No 1 and 3. Further, as foreshadowed in the item presented to the February 2015 Ordinary Meeting of Council it is proposed that the following Policies are revoked:

 

-     Planning Policy 4.1.13 – Chinatown Signage and Advertising

 

The provisions of this Policy have been incorporated into the reviewed LPP 8.17 – Signs and therefore can be revoked.

 

-     Planning Policy 4.1.16 – Shade Sails

 

The provisions of this Policy have been incorporated into draft Local Planning Policy – Minor Development and therefore is recommended to be revoked.

 

CONSULTATION

 

Clause 2.4.1 of LPS 6 and LPP 8.23 – Public Consultation Planning Matters, require that LPP’s (including proposed amendments) be advertised for 21 days and placed in a local newspaper circulating within the scheme area for two consecutive weeks. However given that this process was a complete Policy review to ensure that the community had enough time to review the draft changes and make a submission, the consultation period was comment period was recommended to be 42 days.

 

The amendments to the LPP’s and the draft Minor Development Policy was advertised in the Broome Advertiser on 12 March 2015 and 19 March 2015, seeking public comment for a period of 42 days. The proposed amendments to the LPP and the draft Minor Development Policy was also made available for public comment via the Shire’s website for a period of 42 days.

 

At the close of the submission period one submission period was received. This submission raised the following comments in relation to the proposed changes to LPP 8.27 – Bed and Breakfast Accommodation:

 

Submitters Comment

Officers Response

It is noted that one of the proposed amendments is to limit the number of bedrooms that may be used for a B&B to a total of 2 and the number of guests that may be accommodated to a maximum of four. This is a substantial change from the pervious standard which was a total of 3 bedrooms and a maximum of 6 guests.

It is noted that currently the Policy has a provision which sets out that a ‘maximum of 6 guests are permitted’ and that it is proposed this provision is amended to alter the accommodation numbers and also to specify the number of bedrooms.

 

The number of persons to be accommodated is proposed to be amended from ‘6’ to ‘4 adults or one family’. It is also recommended that the provision sets out that up to 2 guest rooms would be considered.

 

This amendment would bring the policy into line with other land use definitions under the Scheme. If an application was submitted for more than 4 adults or one family, it would generally be classed as a ‘Residential Building’ as opposed to Bed and Breakfast. A note has been included so it is clear to any future applicant that if wanting to accommodate additional persons they would need to refer to LPP8.24, which provides the Shire’s Policy position on development of Residential Buildings.

 

Note, this provision will also be consistent with the new definition of Bed and Breakfast that will be prescribed in the draft Planning and Development (Local Planning Schemes) Regulations 2014.  

My business was approved by the Shire in 09 to operate with a maximum of 6 guests and a total of 3 bedrooms and was purchased fro this specific purpose. If we are forced to reduce our turnover by one third during the short well defined peak tourism period in Broome I do not think it would be viable.

Any changes proposed to a LPP are not retrospectively imposed. Therefore it will have no impact upon existing approved B&B operators. 

There are substantial costs involved in operating a small accommodation facility which is substantial when spread over a modest 3 rooms but much harder to afford if the number of rooms are reduced.

As above, the changes are proposed to the LPP are to ensure that it is consistent with the land use definitions provided in the Scheme and the draft Regulations. It will not be retrospectively imposed on existing approvals.

A further major issues is that the layout of the facility which was selected and purchased at a premium price because it suited the 3 bed criteria, the property would not suit the proposed change and simply would not work well at all.

As per above comments.

I respectfully request that Councillors make special provisions for business that have been previously approved under existing criteria to continue to operate in accordance with that approval as having existing usage rights.

Noted and supported as per above comments.

I seriously believe that the future of tourism in Broome depends on having a wide variety of accommodation facilities across a broad spectrum of market. Staying at a B&B is not the first choice for many guests but it is a specialised area. When visitors stay at a B&B a number of other businesses benefit as by their nature they only serve breakfast so guests use safes and restaurants for other materials in addition to other tourist attractions.

Noted.

 

As be can viewed above, it is not proposed to make any changes to the draft 8.27 – Bed and Breakfast Accommodation. Further the concerns that have been raised by the proponent will not be realised at the provisions of the LPP cannot be retrospectively imposed on existing approvals.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

Local Planning Scheme No. 6

 

2.4     Procedures for making and amending a Local Planning Policy

 

2.4.1 If the local government resolves to prepare a Local Planning Policy, the local government:

 

(a)     is to publish a notice of the proposed Policy once a week for two consecutive weeks in a newspaper circulating in the Scheme area giving details of –

 

i.     where the draft Policy may be inspected;

ii.     the subject and nature of the draft Policy; and

iii.    in what form and during what period (being not less than 21 days from the day the notice is published) submissions may be made;

 

(b)     may publish a notice of the proposed Policy in such other manner and carry out such other consultation as the local government considers appropriate.

 

2.4.2 After the expiry of the period within which submissions may be made, the local government is to:

 

(a)     review the proposed Policy in the light of any submissions made; and

 

(b)     resolve to adopt the Policy with or without modification, or not to proceed with the Policy.

 

2.4.3 If the local government resolves to adopt the Policy, the local government is to:

 

(a)     publish notice of the Policy once in a newspaper circulating within the Scheme area; and

 

(b)     if, in the opinion of the local government, the Policy affects the interests of the Commission, forward a copy of the Policy to the Commission.

 

2.4.4 A Policy has effect upon publication of a notice under clause 2.4.3(a).

 

2.4.5 A copy of each Local Planning Policy, as amended from time to time, is to be kept   and made available for public inspection during business hours at the offices of the   local government.

 

2.4.6 Clauses 2.4.1 to 2.4.5, with any necessary changes, apply to the amendment of a      Local Planning Policy.

 

2.5    Revocation of a Local Planning Policy

 

          A Local Planning Policy may be revoked by:

 

(a)    the adoption by a local government of a new Policy under clause 2.4 that is expressed to supersede the existing Local Planning Policy; or

 

(b)    publication of a notice of revocation by the local government once a week for 2 consecutive weeks in a newspaper circulating in the Scheme area.

 

2.6    Local Planning Policy savings provision

         

          Local planning policies prepared and adopted by the local government under the provisions of the revoked scheme referred to in clause 1.1.2 shall be taken to be a Local Planning Policy made in accordance with the requirements of Part 2 of this Scheme.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

The cost of advertising will be borne by existing budget allocations.

 

RISK

 

The risk involved in this process would be to do nothing and not adopt amendments to LPP’s to respond to the gazettal of Local Planning Scheme No 6. This would result in the LPP’s being out of date and in some cases irrelevant.

 

STRATEGIC IMPLICATIONS 

 

Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:

 

Realistic and sustainable land use strategies for the Shire within state and national frameworks and in consultation with the community

 

A built environment that reflects arid tropical climate design principles and historical built form

 

A unique natural environment for the benefit and enjoyment of current and future generations

 

A preserved, unique and significant historical and cultural heritage of Broome

 

Retention and expansion of Broome’s iconic tourism assets and reputation

 

Our Prosperity Goal – Create the means to enable local jobs creation and lifestyle affordability for the current and future population:

 

Affordable land for residential, industrial, commercial and community use

 

Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:

 

An organisational culture that strives for service excellence

 

Sustainable and integrated strategic and operational plans

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Pursuant to Clause 2.4.2 of Local Planning Scheme No 6, adopts the following Local Planning Policies as amended and as set out in Attachment No 2:  

          -        LPP 8.2 – Planning Conditions – Bonds and/or Bank Guarantees;

          -        LPP 8.3 – Outdoor Dining

          -        LPP 8.4 – Staff Accommodation in General Agriculture, Rural Residential             and Rural Small Holdings zones

          -        LPP 8.5 – Shipping and/or Storage Containers

          -        LPP 8.6 – Heritage List – Development of Listed Places

          -        LPP 8.7 – Sprinkler and Hydrant Water Tanks

          -        LPP 8.8 – Transient Workers Accommodation

          -        LPP 8.9 – Cash in Lieu Parking – Chinatown

          -        LPP 8.10 – Parking, Landscaping, Storage, Crossover and Drainage                       Standards for Planning Applications

          -        LPP 8.11 – Satellite Dishes, Masts and Antennas

          -        LPP 8.12 – Fences

          -        LPP 8.13 – Planning Compliance

          -        LPP 8.14 – Refunding and Waiving/Reducing Planning Fees

          -        LPP 8.15 – Planning Approvals – Amendments/extensions to term of                      approval and requests for further information

          -        LPP8.16 – Provision of Parking

          -        LPP 8.17 – Signs

          -        LPP8.18 – Operative Policy

          -        LPP 8.19 – Telecommunications Infrastructure

          -        LPP 8.20 – Provision of Public Art         

          -        LPP 8.21 – Design Guidelines – Town Centre

          -        LPP 8.22 – Chinatown Development Strategy

          -        LPP 8.23 – Public Consultation – Planning Matters

          -        LPP 8.24 – Forms of Residential Accommodation Other Than a Single                              Dwelling

          -        LPP 8.25 – Old Broome Development Strategy

          -        LPP 8.26 – Caretakers Dwellings and Attached Offices in the Light and                 Service Industry Zone

          -        LPP 8.27 – Bed and Breakfast Accommodation

          -        LPP 8.28 – Tourist Accommodation Developments (Excluding Caravan                 Parks) Within the Tourist Zone.

          -        LPP 8.29 – Conflict of Interest – Planning Applications

2.       Pursuant to Clause 2.4.2 of Local Planning Scheme No 6 adopts the Local Planning Policy – Minor Development without modification as set out in Attachment No 3.

 

3.       Pursuant to Clause 2.5 of Local Planning Scheme No 6, revokes the following Policies:

 

-        Planning Policy 4.1.13 – Chinatown Signage and Advertising

-        Planning Policy 4.1.16 – Shade Sails

 

Attachments

1.

Attachment No 1 - Amended Local Planning Policies

2.

Attachment No 2 - Summary of Changes

3.

Attachment No 3 - draft Minor Development Policy

  


Item 9.2.3 - LOCAL PLANNING POLICY REVIEW - POST GAZETTAL OF LOCAL PLANNING SCHEME NO 6

Attachment No 1 - Amended Local Planning Policies

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.3 - LOCAL PLANNING POLICY REVIEW - POST GAZETTAL OF LOCAL PLANNING SCHEME NO 6

Attachment No 1 - Amended Local Planning Policies

 

 







Item 9.2.3 - LOCAL PLANNING POLICY REVIEW - POST GAZETTAL OF LOCAL PLANNING SCHEME NO 6

Attachment No 1 - Amended Local Planning Policies

 

 


Item 9.2.3 - LOCAL PLANNING POLICY REVIEW - POST GAZETTAL OF LOCAL PLANNING SCHEME NO 6

Attachment No 1 - Amended Local Planning Policies

 

 


Item 9.2.3 - LOCAL PLANNING POLICY REVIEW - POST GAZETTAL OF LOCAL PLANNING SCHEME NO 6

Attachment No 1 - Amended Local Planning Policies

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.3 - LOCAL PLANNING POLICY REVIEW - POST GAZETTAL OF LOCAL PLANNING SCHEME NO 6

Attachment No 2 - Summary of Changes

 

 

 

Policy

Changes

Reasons

8.2 – Planning Conditions – Bonds and/or Bank Guarantees

·        Delete reference to MPS in review responsibility and replace with DDS

 

To reflect changes in the organisation restructure

8.4 – Staff Accommodation in General Agriculture, Rural Residential and Rural Small Holdings Zones

·        Include the ‘Culture and Natural Resource Use’ zone in the title as policy also applies to this zone.

 

 

·        Delete reference to MPS in review responsibility and replace with DDS

 

·        Update all reference to the ‘Culture and Natural Resource Use’ zone as was previously incorrectly reference as ‘Cultural’

As the policy also provides direction on development within the zone, it should be reflected in the title.

 

 

To reflect changes in the organisation restructure

 

 

To ensure reference to zone is correct.

 

8.5 – Shipping and/or Storage Containers

·        Delete reference to MPS in review responsibility and replace with DDS;

 

·        Update title to ‘Culture and Natural Resource Use’ zone.

 

·        Change the number of sea containers that can be entertained in the ‘Rural Small Holdings’ and ‘Light and Service Industry’ zone from 5 to 10. 

 

 

 

 

To reflect changes in the organisation restructure

 

 

To ensure reference to zone is correct.

 

The Rural Small Holdings zone is the Skuthorpe area on Broome Road. Given the size of the lots, the land uses undertaken and as the lots are completely screened from Broome Road, it is recommended that the number of sea containers that can be permitted remains at 10.

 

Similarly with the Light and Service Industry zone, in which the current Policy allows 10 containers, it is considered that this should be maintained given that such containers are required to be screened. The use of 10 containers is not considered inconsistent with the amenity of this zone.

8.6 – Heritage List – Development of Listed Places

·        Delete reference to MPS in review responsibility and replace with DDS

To reflect changes in the organisation restructure

8.7 – Sprinkler and Hydrant Water Tanks

·        Delete reference to MPS in review responsibility and replace with DDS

To reflect changes in the organisation restructure

8.8 – Transient Workers Accommodation

·        Delete reference to MPS in review responsibility and replace with DDS

To reflect changes in the organisation restructure

8.9 – Cash in Lieu Car Parking – Chinatown

·        Delete reference to MPS in review responsibility and replace with DDS

 

·        Include a figure clearly showing the application area. 

 

 

 

 

·        Include a ‘background’ section and reference the August 2005 Discussion Paper as the premise for the Policy provisions. Reference to the ‘discussion paper’ is proposed to be removed from proceeding clauses. 

 

 

 

 

·        Amend Clause 1.3 to set out that the car parking rates of 1 bay per 25sqm GFA established in Schedule 16 of LPS6, only applies to that portion of the Town Centre zone within the Chinatown Precinct shown in Figure 1. 

 

 

 

 

 

 

 

·        Delete Clause 1.4, 1.5 and 1.6 

 

 

 

 

·        Amend Clause 2.2 - 2.6 so it does not refer directly to the discussion paper.

To reflect changes in the organisation restructure

 

 

It is proposed to include a figure of the Chinatown Development Strategy area and update the ‘Application Area’ of the Policy to reference the figure for clarity.

 

The 2005 discussion paper provides the background analysis and review of car parking within the Chinatown Area which lead to the preparation and adoption of this Policy. It is considered that this discussion paper is more appropriately referenced in a background section and the references are removed from the clauses.

 

Schedule 16 of LPS6 prescribes the minimum number of car parking bays for different land uses/zones in the Shire. This table was the same as appeared in LPP 8.16 however was not updated to reflect the new ‘Town Centre’ zone in LPS6. As such is it proposed that this Policy clarifies that the Town Centre – Chinatown rate of 1/25sqm only applies to the Chinatown area and that the car parking rate for the new portion of the Town Centre (to the west of Old Broome Road) be calculate based on the land use as for other zones.

 

Clause 1.4 is not a Policy provision and the importance of the 2005 discussion paper has been recognised in the new ‘background’ section of the report.

 

The discussion paper does not form part of the Policy and therefore is recommended to be deleted. As mentioned this is referenced in the background section of the report.

 

 

8.10 – Parking, Landscaping, Storage, Crossover and Drainage Standards for Planning Applications

·        Delete reference to MPS in review responsibility and replace with DDS

 

·        To include direction on what constitutes a low trafficked area

 

 

·        Update title as Port is no longer a zone it is now a reserve under LPS6.

 

·        Update reference to ‘Culture and Natural Resource Use’ zone

 

·        Under the section for verge parking and parking section, it is recommended that the provision setting out that bays are to be ‘sign posted’ is removed.

 To reflect changes in the organisation restructure

 

 

To provide clarity on how this policy provision would apply.

 

To reflect correct title under LPS6.

 

 

To ensure reference to zone is correct.

 

The line marking, sealing and kerbing of the bays is sufficient delineation that they are parking bays, they should not need to be sign posted also. 

8.11 – Satellite Dishes, Masts and Antennas

·        Delete reference to MPS in review responsibility and replace with DDS

 

·        Update reference to ‘Culture and Natural Resource Use’ zone.

To reflect changes in the organisation restructure.

 

 

To ensure reference to zone is correct.

8.12 – Fences

·        Delete reference to MPS in review responsibility and replace with DDS

 

·        Delete the word ‘and’ from 2.1 (iii) dot point three.

 

 

 

·        Update reference to ‘Culture and Natural Resource Use’ zone.

To reflect changes in the organisation restructure

 

 

This is proposed to clarify that it is only the portion of the secondary street fence within the primary street setback which has to be visually permeable.

 

To ensure reference to zone is correct.

8.13 – Planning Compliance

·        Remove reference to the MPS position.

To reflect changes in the organisation restructure

8.14 – Refunding and Waiving/Reducing of Planning Fees

·        Delete reference to TPS4 and IDO4 in Associated Documents and replace with LPS6.

 

·        Delete reference to MPS and replace with SPC.

 

·        Include additional text under Clause 1.5 (c) (ii) to give ability for fees to be returned is the application is withdrawn as a result of a further information request.

These instruments have been repealed.

 

 

To reflect changes in the organisation restructure.

 

The current Policy is limiting in that the applicant does not have any opportunity to request that a portion of the fee is refunded after 21 days which is generally before the further information request would have been sent. It is therefore recommended that the Policy give the ability to refund up to 50% of the fee where the application is withdrawn as a result of a further information request.

8.15 – Planning Approvals – Amendments/Extensions to Term of Approval and Requests for Further Information

·        Delete the text in the background section which sets out that amendments to planning approval cannot be undertaken once development has commenced.

 

·        Delete the proposed new clause 1.2 (that sets out an amended to an approval can only be submitted prior to commencement) and renumber subsequent clauses.

 

 

 

 

 

 

 

·        Delete reference to MPS and replace with SPC

 

·        Include additional text under Clause 1.3 outlining that this would require the submission of a new application.

 

 

These two changes are recommended as the Planning and Development (Local Planning Scheme) Regulations are soon to be gazetted on the 1 September 2015. These Regulations will introduce deemed provisions which would result in the operation parts LPS6 being revoked and replaced with provisions that will apply to all Schemes across the State. The Regulations will allow for amendments to planning approval to be submitted once development has commenced. Therefore as of the 1 September the Policy will become ultra vires. It is therefore recommended that this provision is removed.

 

To reflect changes in the organisation restructure.

 

This is recommended to clarify that if the amendment is so substantial it would result in a new or different development, it cannot be considered as an amendment, however does not prohibit submission of a new application.

8.16 – Provision of Parking

·        Delete reference to MPS in review responsibility and replace with DDS.

 

·        Updated Clause 1.2 to include additional text with respect to car parking within the Town Centre zone.

 

 

 

 

 

 

 

 

 

·        Update Clause 1.5 to clarify that offsite parking is also to be referred to Council.

 

·        In Clause 1.6 update title of the LPP referenced.

 

·        Clause 2.3 is altered to delete that the proponent can engage the Shire to design and construct the car parking. Additional text is recommended for inclusion setting out that it is the applicant’s responsibility for the design, supervision and construction in accordance with the Shire’s Guidelines.  

 

 

 

·        Amend the wording of Clause 2.6.

 

 

 

·        Include an additional Clause 3.1 and renumber subsequent Clauses.

 

·        Amend the wording of Clause 4.2.

To reflect changes in the organisation restructure.

 

 

Schedule 16 of LPS6 prescribes the minimum number of car parking bays for different land uses/zones in the Shire. This table was the same as appeared in LPP 8.16 however was not updated to reflect the new ‘Town Centre’ zone in LPS6. As such is it proposed that this Policy clarifies that the Town Centre – Chinatown rate of 1/25sqm only applies to the Chinatown area and that the car parking rate for the new portion of the Town Centre (to the west of Old Broome Road) be calculate based on the land use as for other zones.

 

To provide clarity on the application of the policy. Note this is already a requirement.

 

To ensure correct reference to Policy.

 

The current provisions setting out that the Shire can design and construct bays is not considered appropriate for inclusion into the Policy as operationally the Shire may not be in a position to provide this services. While the Shire may be engaged to undertake private works, the policy implies that this is an option available when this may not be the case.

 

Amended wording is proposed to clarify that parking sought within the verge is to be adjacent and adjoining the frontage of the subject lot. 

 

This Clause is proposed to clarify that cash-in-lieu for car parking in Chinatown is set out in LPP 8.9.

 

It is proposed that this Clause refers directly to the relevant Scheme provision.

8.17 - Signs

·        Delete reference to MPS in review responsibility and replace with DDS.

 

·        Amend the definition of ‘sign surface area’.

 

 

 

 

·        Additional text be included under Clause 1.1 setting out that only exceptions were signs do not have to be on the lot is when the sign is attached to an approved awning or veranda which extends into the road reserve. 

 

 

·        Clause 1.8 is to be updated to refer to ‘Candela’ as opposed to ‘candles’.

 

·        In Clause 1.10 include text at the start stating ‘Notwithstanding any other provision of this policy...’

 

 

 

 

·        The current Chinatown Signage Policy allows for three sign per tenancy and that this can be three per street frontage on site on a corner lot. Upon a review this provision was not incorporated.

 

·        Under the ‘signs not permitted’ include a sign which is not erected on the lot which a business is operating. 

 

 

 

·        Community service sign – correct a typing error under ‘design standards’.

 

·        Under ‘Event/trading signs’ include that advertising devises cannot contain illuminated devises which pulsate, flash or contain moveable electronic writing or animation.

 

·        Under the design standards for ‘roof sign’ remove the text description setting out that such a sign may be fixed with a10% lean outward and  parallel or right angles to the facade.

 

 

·        Inclusion of additional clause 1.17 which establishes the criteria for which applications are to be referred to Council for determination.

 

To reflect changes in the organisation restructure.

 

 

The current definition is unclear and it is proposed to be amended with regard to how the area of a sign is calculated when painted or affixed on a fence/building.

 

Given that the Chinatown signage provisions are now incorporated into this LPP, there are some situations were signs strictly will not be on the property if it is attached to an awning or veranda which extends over the footpath. 

 

As this is the correct technical term.

 

 

This section contains the signage provisions specific for Chinatown. To ensure that it is clear, it is recommended that additional text is included so that all are aware that these provisions apply notwithstanding any other provision of the Policy.

 

It is recommended that this provision be incorporated to be consistent with the current policy provisions.

 

 

While this is included as a ‘general provision’ it is recommended that this is included as a ‘not permitted’ type of sign such that officers do not have delegation to approve such types of signs.

 

Correct typing error.  

 

 

While these types of signs are prohibited, given it is approved through the event approval, it is recommended that this is clarified. 

 

By definition, a roof sign is a sign which is painted or fixed to a roof. These provisions are descriptive of a gable sign and as such are recommended to be removed from this section.

 

The signage provisions contained within the Policy generally reflect the ‘exempt signs’ prescribed under LPS6. It is considered that the performance criteria established in the Policy gives adequate guidance to assess signage applications that may proposes a variation to the size of the sign. As such, it is recommended that an additional clause be included setting out that its only applications that do not meet with the performance criteria or proposes signs which in aggregate exceed 40% of the building frontage which require referral to Council for determination. This would assist with the timely processing of such applications.

8.18 – Operative Policy

·        Update title to state ‘DCU Operative Policy’.

 

 

·        Include additional text in the Background section to set out the process of DCU with respect to other approvals, licenses and/or permits issued by the Shire under relevant local laws and Regulations. 

 

 

·        Incorporate additional objective.

 

 

·        Delete reference to MPS and replace with SPC.

 

·        Delete PEO from the membership from DCU.

 

·        Delete MAD and replace with DES.

 

·        Include representative from Economic Development when required on a as need basis (when event applications are being discussed).

 

 

·        Amend Clause 3.8 setting out that maximum time application can be placed on hold is 2 months and include previous provision that would request that the application be withdrawn. 

 

·        Include Clause 4.8 with regard to advertising.

 

 

 

·        Clause 4.9 has been updated to clarify action required once advertising has closed.  

 

·        Amended Clause 5.3 to allow approvals to be issued as soon as possible after the Council meeting.

 

 

 

 

·        Include additional clause 6.5 and renumber subsequent clauses.

 

 

 

 

·        To insert additional text under Clause 6.8 with regard to reporting on delegations.

To accurately reflect LPP relates to the operation of DCU process.

 

The role of DCU has been expanded to discuss other approvals that are not directly related to planning determinations. To reflect this is it proposed to be referenced in the background section and relevant sections throughout the Policy.

 

To reflect that other approvals, permits and license are discussed at DCU.

 

To reflect changes in the organisation restructure.

 

To reflect changes in the organisation restructure.

 

To reflect changes in the organisation restructure.

 

Event applications are being discussed at DCU. As the Economic Development section of the Shire deals with these application, they are proposed to be included in on the membership of DCU.

 

This is proposed to provide a term in which the application can be placed on hold.

 

 

This is recommended to clarify that the level and form of advertising is to be undertaken consistent with LPP 8.23.

 

To provide clarity.

 

 

The current Policy limits the ability for officers to issue approvals under draft minutes become available. This can result in unnecessary delays in the issue of approvals and it is therefore recommended that the Policy be amended in this regard.

 

This clause is proposed to clarify the current process that has been implemented with regard to other applications for licences, permits, etc submitted for determination at the Shire.

 

It is recommended that additional text be included setting out that the minutes fulfil the role as a delegation register in accordance with the Regulations.

8.19 – Telecommunications Infrastructure

·        Delete reference to MPS in review responsibility and replace with DDS

 

·        Clause 1.2 which provides direction on the siting of telecommunications infrastructure currently requires imposes setbacks. This is proposed to be amended to refer to the State Planning Policy and indicate it is preferred that infrastructure is setback as per the current policy provisions.

To reflect changes in the organisation restructure.

 

 

The State has release a draft of the updated SPP which proposes to override any setback prescribed in adopted LPP’s and establish that the infrastructure is to be setback the height of the facility. It is therefore recommended that the Policy is updated so unreasonable expectations within the community are not create and the primacy of the SPP is recognised.

8.20 – Provision of Public Art

·        Delete reference to MPS in review responsibility and replace with DDS

 

·        Update reference to ‘Culture and Natural Resource Use’ zone.

 

·        Following the resolution of Council and the draft Public Art Guidelines, it is proposed that the following changes are made:

 

-       Include additional information in the background section, setting out that the installation of art helps to achieve the objectives of LPS6.

-       Amend Policy statement 1.1 setting out that a contribution is to be made to an amount equal to one percent of the development costs which is to be satisfied as either a monetary contribution or installation of public art work on site (current Policy emphasises that it should be a monetary contribution).

-       Amend 1.2 to state that the contribution must be ‘made’ as opposed to an invoice being issued.

-       Amend 1.3 to establish criteria that must be satisfied if public art is proposed to be installed onsite or immediately adjacent to the site. The provision that such art has to be clearly visible to the general public has been maintained and a provision requiring that the art is development in accordance with a Public Art Report, consistent with the Shire’s Guidelines has been recommended.

-       Inclusion of a provision setting out that art built in accordance with the Policy is considered minor development and will not need planning approval from the Shire.

To reflect changes in the organisation restructure.

 

 

To ensure correct zone title is referenced.

 

The Community Development section has prepared ‘Guidelines for Provision of Public Art’ and the proposed changes are recommended following a review of the Guidelines and operationally how they would work in the assessment of a planning application.

 

While the current Policy provisions set out that a developer can install the art on site in lieu of a cash contribution, this is framed as being the ‘default’ option. The proposed changes will make it clear that the developer can choose to either install the art or make the monetary contribution.

 

To ensure that the development assessment process is not delayed by considering the merits of art work proposed, it is recommended that it is condition that either the art work is to be installed or the monetary contribution is to be made prior to the occupation of the site.

 

If the applicant then seeks to install the art work on site, it would then need to prepare a ‘Public Art Report’ which would then be submitted to the Community Development section for assessment against the draft Guidelines. This will not delay the assessment of the planning application and this process can run concurrently with the development construction program should the developer pursue this option.

 

It is considered that the draft changes clarify the intent of the Policy.

8.21 – Design Guidelines – Town Centre zone

·        Delete reference to MPS in review responsibility and replace with DDS

 

To reflect changes in the organisation restructure.

 

8.22 – Chinatown Development Strategy

·        Delete reference to MPS in review responsibility and replace with DDS

 

To reflect changes in the organisation restructure.

 

8.23 – Public Consultation – Planning Matters

·        Delete reference to MPS in review responsibility and replace with DDS

 

·        Clause 1.16, 1.17 and 1.18 – correct a typing error.

 

·        Incorporate a new row in Schedule 1 to clearly set out that variations to the Deemed to Comply criteria of the R-Codes requires level B consultation.

 

·        In ‘D’ uses in schedule 1 include that office’s ancillary to predominant land uses in the various industrial zones does not require consultation. 

 

·        Development of ‘A’ uses in schedule 1 is recommended to be updated to exclude ‘Agriculture – Intensive’ in the General Agriculture zone ‘Bed and Breakfast and ‘Family Day Care’ in relevant zones from requiring level C consultation.

 

To reflect changes in the organisation restructure.

 

 

 

 

This is consistent with clause 1.6 but is recommended for inclusion in Schedule 1 for clarity.

 

 

It is not considered necessary to advertise such applications.

 

 

These land uses under TPS4 only required consultation with immediate adjoining landowners. It is considered that this approach should be maintained as Level C consultation (which requires an ad notice in the newspaper) is considered excessive for such land uses and would be an additional unnecessary cost to the applicant. The proposed impacts from these uses generally would be contained to the immediate surrounding landowners and therefore Level B consultation is considered more appropriate.

 

Further, with respect to ‘Agriculture - Intensive’ requiring Level C consultation in the General Agricultural zone is considered onerous given the  General Agriculture zone incorporates all the pastoral stations. Consultation is considered unnecessary and would result in unnecessary delays in the consideration of such applications.  

8.24 – Forms of Residential Accommodation other than a Single House

·        Delete reference to MPS in review responsibility and replace with DDS.

 

·        Update the definition of ‘Bed and Breakfast Accommodation’ to reflect the new definition under LPS6.

To reflect changes in the organisation restructure.

 

 

To be consistent with definition under LPS6.

8.25 – Old Broome Development Strategy

·        Delete reference to MPS in review responsibility and replace with DDS

 

To reflect changes in the organisation restructure.

 

8.26 – Caretakers Dwellings and Attached Offices in the Light and Service Industry Zone

·        Delete reference to MPS in review responsibility and replace with DDS

 

To reflect changes in the organisation restructure.

 

8.27 – Bed and Breakfast Accommodation

·        Delete reference to MPS in review responsibility and replace with DDS

 

To reflect changes in the organisation restructure.

 

8.28 – Tourist Accommodation Developments (Excluding Caravan Parks) Within the Tourist Zone

·        Delete reference to MPS in review responsibility and replace with DDS

 

To reflect changes in the organisation restructure.

 

8.29 – Conflict of Interest – Planning Applications

·        Delete ‘Council’ from review responsibility and add Director Development Services.

 

·        Under delegation, include ‘N/A’.

To be consistent with the review responsibilities for all LPP’s.

 

Delegation is not exercised in the application of this policy, it rather provides direction on how matters would be dealt with if a conflict exists.

 


Item 9.2.3 - LOCAL PLANNING POLICY REVIEW - POST GAZETTAL OF LOCAL PLANNING SCHEME NO 6

Attachment No 3 - draft Minor Development Policy

 

 


 


 


 


 


Agenda – Ordinary Meeting of Council 30 July 2015                                                                                   Page 229 of 230

 

9.2.4      APPLICATION FOR PLANNING APPROVAL - EXTENSIONS TO OFFICES - LOT 70 (NO. 11) NAPIER TERRACE, BROOME

LOCATION/ADDRESS:                            Lot 70 (No 11) Napier Terrace, Broome

APPLICANT:                                              Saleeba Adams Architects on behalf of Bidyadanga Aboriginal Community

FILE:                                                           NAP-1/11

AUTHOR:                                                   Statutory Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director of Development Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    8 July 2015

 

SUMMARY:         An application for planning approval has been received for extensions to the existing office at Lot 70 (No 11) Napier Terrace, Broome.

This application is being referred to Council as parking is proposed in the adjoining road reserve. A cash-in-lieu payment is also recommended for the car parking that cannot be provided within the adjacent road reserve.

This report recommends that the application is conditionally approved.

 

BACKGROUND

 

Previous Considerations

 

OMC 29 November 2012                 Item 9.2.2

 

Site and Surrounds

 

Lot 70 (No 11) is 816sqm in area and is a corner lot with frontage to Napier Terrace and Carnarvon Street. The site is developed with offices which are occupied by First National Real Estate and Bankwest and covers almost 100% of the entire lot. The subject site falls within the State Registered Heritage Place, Chinatown Conservation Area.

 

History

 

A development application was considered and conditionally approved at the Ordinary Meeting of Council on the 29 November 2012. At this meeting Council resolved the following:

 

That Council approves the application for Planning Approval 2012/86 for extensions to

the Offices development on Lot 70 (No. 11) Napier Terrace, subject to the following:

 

1.       The development is to be carried out in compliance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

         

          Plans and Specifications

 

          P1 (Floor Plan) received by the Shire on 12 July 2012

 

2.       The proponent is to fully construct the two (2) off-site bays and associated works in

          the Napier Street Reserve to Shire standards as part of the developments’ construction in accordance with Drawing C12-006D.

 

3.       The cash-in-lieu payment for the two (2) car bays not provided on site is to be paid prior to the occupation of the development, to the satisfaction of the Shire. The payment per bay being $5250.00 making a total payment due of $10,500.00

 

The above development application expired on the 29 November 2014 and the applicant has now lodged a new development application. The development application has not changed in any way to that previously approved.

 

The Proposal

 

The application seeks approval to enclose the existing verandah on the southern portion of the building and approximately half of the verandah on the western portion of the building. This would result in the creation of an additional 91sqm of office floor space.

 

The works proposed to infill under the existing verandah structure will not impact upon the existing building form and the infill walling will be finished in white horizontal custom orb sheeting with timber windows to match the existing building.  

 

No additional parking will be proposed on site as the building occupies the whole site area.

 

The proposed site plan is set out in Attachment No 1.

 

 

COMMENT

 

A development application for this site was previously approved by Council at the November 2012 Council Meeting and this current application does not propose any modifications to this previous approval. Since this time, Local Planning Scheme No 6 has been gazetted and the Chinatown Development Strategy has been reviewed. The below comments will provide an assessment of the application against the updated planning framework.

 

Land Use

 

The subject site is zoned ‘Town Centre’ under the provisions of Local Planning Scheme No 6 (LPS6) in which an ‘Office’ use is permitted. Further the proposed development is consistent with the purpose in the Town Centre zone in that it will reinforce the areas function as the principal commercial centre for Broome. Further the development would be consistent with the Local Planning Strategy which designates the areas as the Town Centre zone and further reinforces that the areas intention is to be the main commercial centre for Broome.

 

Under the Chinatown Development Strategy (CDS) the subject site is identified as being within the ‘retail’ precinct. While offices are not identified as being a priority land use on the ground floor, it is identified as being a secondary land use, which particularly identifies banks and real estates as being acceptable.

 

Overall it is considered that land use proposed is consistent with the LPS6 provisions and the local planning framework being the LPS and the CDS. It is therefore considered from a land use perspective that the development meets with the aims of the Scheme and is consistent with orderly and proper planning.

 

Development

 

The development proposes the creation of an additional 91sqm of retail floor area. In accordance with Schedule 16 of LPS6, car parking is to be provided at the rate of 1 bay per 25sqm of gross floor area. Therefore the development requires the provision of 4 car parking bays. These bays cannot be provided on site as the building occupies the full site area.

 

With the exception of car parking, the development satisfies all the site and development requirements prescribed under LPS6, the CDS and the Chinatown Urban Design Guidelines, as set out in the assessment table in Attachment No 2.

 

It is proposed that the existing car parking layout within the verge area is redesigned so that an area that currently accommodates two parallel car parking bays is reconfigured to make provision for four right-angled car parking bays, as shown in Attachment No 3. This design would result in an additional two car parking bays to support the proposed extension and is considered to be an improved car parking layout.

 

The reconfiguration of the car parking would result in amendments to the existing landscaping provided within the Napier Terrace verge, as such a condition of approval is recommended requiring the applicant to prepare a landscaping plan and therein maintain the landscaping. Further, a condition is recommended setting out that the applicant is to enter into a deed of agreement, acknowledging that it is the applicant’s responsibility to maintain the car parking and landscaping within the adjacent road verge.

 

The applicant has set out that consistent with the previous decision of Council, it would make a cash-in-lieu contribution for the two additional bays that cannot be provided onsite or within the adjacent road reserve. Local Planning Policy 8.9 – Cash-in-Lieu of Car Parking – Town Centre Chinatown Zone, provides direction on the provision of cash-in-lieu parking within the Chinatown area. Clause 4 of the LPP states that properties identified as developed in the discussion paper dated 18 August 2005 are entitled to provide cash-in-lieu of the provision of on-site car parking for any subsequent development of the property provided at least 50% of the required parking is provided on site. While the applicant is not providing 50% of the required parking on site, as mentioned above, through the redesign of the verge parking in front of the premises, an additional two bays (being 50% of the required parking) is provided for immediately adjacent to the premises. As such it is considered that the intent of the Policy is being maintained and that the development can be supported with a condition requiring a cash-in-lieu contribution for two bays.

 

Based on the above comments, it is recommended that the development application is approved subject to conditions with regard to parking, landscaping and ongoing maintenance of these improvements.

CONSULTATION

 

As the site falls within the State Registered Chinatown Conservation Area in accordance with the provisions of the Heritage Act of Western Australia the application was referred to the State Heritage Office for comment. The State Heritage Office did not raise any objections to the proposed works.

 

The proposal was not advertised to adjoining properties as the applicant accepted the precious requirement to contribute cash in lieu in accordance with Councils Policy.

 

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

Local Planning Scheme No 6 – Refer to planning assessment under Attachment 3.

 

POLICY IMPLICATIONS

 

LPP 8.9 – Cash In Lieu of Car Parking – Town Centre Chinatown Zone.

 

LPP 8.16 – Parking – Car, Motorcycle, Bicycle

 

LPP 8.21 – Design Guidelines – Chinatown

 

LPP 8.22 – Chinatown Development Strategy

 

FINANCIAL IMPLICATIONS

 

The condition of planning approval with respect to cash-in-lieu for two car parking bays would result in a cash contribution of $12,040 (note this may increase if this fee is changed through the adoption of the Schedule of Fee’s and Charges).

 

Conditions of approval are recommended setting out that the car parking and subsequent amendments to landscaping will be the landowner’s responsibility to maintain. This would reduce future costs to the Shire.

 

RISK

 

Nil.

 

STRATEGIC IMPLICATIONS  

 

Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:

 

Realistic and sustainable land use strategies for the Shire within state and national frameworks and in consultation with the community

 

A built environment that reflects arid tropical climate design principles and historical built form

 

A unique natural environment for the benefit and enjoyment of current and future generations

 

A preserved, unique and significant historical and cultural heritage of Broome

 

Retention and expansion of Broome’s iconic tourism assets and reputation

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.         Approves the application for planning approval 2015/72 for the Office Extension at Lot 70 (No 11) Napier Terrace, Broome submitted by Saleeba Adams Architects subject to the following conditions:

i.     Development must be carried out in compliance with the plans and documentation listed below and endorsed with the Council's stamp, except where amended by other conditions of this approval.

             

              Plans & Specifications

 

                     P1 (Site Plan) as received by the Shire on 11 June 2015.

 

ii.     Prior to any construction or works commencing on site, the applicant must prepare and submit the following plan(s) for the approval of the Shire of Broome:

 

a.         A detailed engineering plan for the redesign of the verge parking within the adjacent road reserve to incorporate an additional two (2) car parking bays.

b.         A detailed landscaping plan for the landscaping of the verge adjacent to the site. 

 

iii.    Prior to the occupation of the development, the applicant is to complete the following works and therein maintain to the satisfaction of the Shire of Broome:

 

a.         Construct the car parking bays within the adjacent road verge in accordance with the approved engineering plan.

b.         Install the landscaping in accordance with the approved landscaping plan.

 

iv.   Prior to the occupation of the development, the applicant must provide cash-in-lieu for an additional two (2) car parking bays calculated in accordance with the Shire of Broome Schedule of Fee’s and Charges.

v.    Prior to the occupation of the development a deed of agreement is to be prepared and executed at the owners cost between the owner and the Shire,  in which:

a)        The owner is responsible for the maintenance of the car parking and landscaping within the road verge; and

b)        The owner indemnifies the Shire over any claim arising from the improvements in the road verge and agrees to take out and maintain public liability insurance for a minimum amount of $10 million for any one claim.

                     The deed of agreement is to permit the Shire to lodge a caveat against the Certificate of Title to the land to secure the performance of the obligations of the Deed. 

          Advice Notes

i.   This approval does not permit the use of the land and or any building or undertaking of development unless all conditions have been and continue to be complied with. You are advised of the need to comply with the requirements of the following other legislation:

 

-        The Western Australian Building Act 2011 requires a Building Permit being obtained from the Shire before any work commences on site; and

-        Health Act 1911 and Department requirements in respect to the development and use of the premises.

Please note the above is not an exhaustive list of legislation and you may be required to comply with other relevant legislation.

 

ii.  If the development, the subject of this approval, is not substantially commenced within two (2) years from the date of this letter, the approval shall lapse and be of no further effect. Where an approval has lapsed, development is prohibited without further approval being obtained.

 

iii.  The granting of this Planning Approval is not a clearance that there are no Aboriginal Heritage Sites on the land nor is it an approval under Section 18 of the Aboriginal Heritage Act, in the event that there is an Aboriginal Heritage Site on the land. The land owner will need to make enquiry and application to the Department of Aboriginal Affairs in this regard. 

 

iv. With regard to condition ii) the engineering plan for the verge parking must be prepared in accordance with Guidelines for the Construction of Carparking within the Shire of Broome Road Reserve.

 

vi.   With regard to condition ii) the detailed landscaping plan must be drawn to an appropriate scale and show the following:

a)        The location and type of existing trees including girth sizes (to be measured around the width circumference); and how they interact with the proposed development.

 b)       The location and type of new trees and shrubs including an estimate of ultimate girth sizes that are proposed to be installed as part of the landscaping.

c)        Lawns areas to be maintained.

d)        Any natural landscape areas to be retained.

e)        Those areas to be reticulated or irrigated.

f)         Please note, an area 1m minimum, should be kept clear of all impervious materials around existing and proposed tree trunks.

 

v.  The development must be connected to the Water Corporations sewer and water.

 

2.         Authorises the Shire President and CEO to engross the necessary legal documents required to be prepared to satisfy the abovementioned conditions.

 

 

Attachments

1.

Attachment No 1 - Site Plan

2.

Attachment No 2 - Planning Assessment Summary

3.

Attachment No 3 - Verge Parking Redesign

  


Item 9.2.4 - APPLICATION FOR PLANNING APPROVAL - EXTENSIONS TO OFFICES - LOT 70 (NO. 11) NAPIER TERRACE, BROOME

Attachment No 1 - Site Plan

 

 


Item 9.2.4 - APPLICATION FOR PLANNING APPROVAL - EXTENSIONS TO OFFICES - LOT 70 (NO. 11) NAPIER TERRACE, BROOME

Attachment No 2 - Planning Assessment Summary

 

 

 

Consideration

Relevant Clause

10.2  - Sub-Clause

Officer Comment

LAND USE

1

Scheme Aims

1.6

10.2 (a)

The application satisfies the following aims of the Scheme:

 

1.6.3 Prosperity

 

(a)   Assisting employment and economic growth and providing opportunities for the establishment of businesses;

(b)   Providing a range of tourist facilities and accommodation and protecting strategically important tourist sites. 

2

Zoning / Reserve Purpose & Objectives

4.4

10.2 (a) & (g)

The subject site is zoned ‘Town Centre’ and Clause 4.4 establishes the following purpose and objectives:

 

4.4 Town Centre Zone

 

4.4.1    The purpose of the Town Centre Zone is to ensure that the area develops and functions as the principal retail, activity and commercial centre for Broome with retail, office, commercial, residential, social, recreational and community facilities.

 

4.4.2 The objectives of the Town Centre Zone are to:

(a)    conserve and promote the heritage and aesthetic character and streetscape of the Town Centre Zone;

(b)    encourage development in accordance with the development strategy and relevant design guidelines.

(c)     provide for a mix of commercial activity including restaurants, bars and residential development; and

(d)    encourage residential development within the Town Centre Zone compatible with commercial uses to enhance the safety, vitality and diversity of the Town Centre Zone.

 

The development is proposing to use the land for office development which will compliment the purpose and objectives as set out above. The development is further considered consistent with the CDS and relevant design guidelines.

3

Structure Plans / LDPs / Special Control Areas

5.24 - 6.3

10.2 (a)

The subject site is not located within a Special Control Area and does not fall within a Structure Plan or LDP.

4

Permissibility

4.17-4.28

10.2 (a)

The development proposed on site is an ‘Office’ land use which is a ‘P’ land use in the zoning table which means that the use is permitted.

5

Orderly and Proper Planning

LPS / Strategies

10.2 (b) & (e)

Local Planning Strategy

 

The subject site is identified as Town Centre under the Local Planning Strategy. The Strategy provides the following strategic direction for development identified as Town Centre:

 

Chinatown is designated as the Town Centre, reflecting the intention that it be the main commercial centre for Broome. The Town

Centre designation provides for retail, office, commercial, residential, social, recreational and community facilities. The conservation and promotion of the unique heritage, architecture, and aesthetics of the town centre is reinforced by the Chinatown Development Strategy and Design Guidelines.

 

Chinatown Development Strategy

 

The subject site in the Strategy Plan is identified as falling within ‘the core activity area’ and under the land use activation figure is identified as falling within the ‘retail’ area.

 

While an ‘office’ is not identified as being preferred land use within the ‘retail’ area it is listed as a secondary use and therefore it is considered that the application is consistent with the recommendation within the Chinatown Development Strategy.

DEVELOPMENT

6

Site and Development Requirements

4.32 Schedule 15, 5.5-5.23

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10.2 (a) & (w)

Clause 4.32.1 prescribes the following site and development requirements for the Town Centre zone:

 

4.32.1 Site and Development Requirements:

 

(a)     All land use and development shall be consistent with the Chinatown Development Strategy and relevant design guidelines.

(b)     In considering applications for planning approval, council shall have regard to the Obstacle Limitation Surfaces (Schedule 18) and Australian Noise Exposure Forecast (ANEF) contours for the Broome International Airport (Schedule 17).

(c)      Within the Town Centre zone residential development may be undertaken to a density coding of R50 in accordance with the Residential Design Codes.

(d)     Notwithstanding the provisions of the zoning table residential development will not be permitted at street level unless provided for in an adopted development strategy.

(e)      When determining site and development requirements for residential development, Council shall have regard to the 'Mixed Use Development' provisions of the Residential Design Codes.

 

The development satisfies the above site and development requirements.

 

 

 

 

 

6.1

Setbacks

Schedule 15 / CDS

Schedule 15 – Development Standards – Town Centre

 

Scheme Requirement

Complies

Site Coverage (%)

75

The development is not impacting upon site coverage as the extension will be contained within the existing footprint of the building.

Plot Ratio

1

As above.

Front Setback

Nil

Complies

Secondary Street Setback

Complies

Rear Setback

Complies

Side Setback

Complies

Special Conditions/Comments

Landscaping along street frontage within the road reserve is a requirement.

Will form a condition of the planning approval.

Building Height

10m wall height

Complies

14m building height

Complies

Service Areas

Provision for onsite storage areas, bin areas and general service areas for loading and unloading of goods to be screened from view of the street.

The development would not impact upon existing service areas.

Noise Control

Land uses which have the potential to generate significant noise level due to machinery, amplified music or announcements or any other ambient noise may be subject of condition which require an acoustic report to be prepared by the applicant and any noise attenuation controls recommended by the report to be implemented.

The development is not anticipated to have any impacts with regard to noise control.

Broome-style architecture

The building style of all buildings within the Scheme Area are to be low scale of building bulk and have regard for local climatic conditions and traditional architecture features, including a pitched roof, single and hipped rook, gables, colourbond roof, and predominant wall materials of colourbond or timber.

 

Verandahs, shutters and similar features should be included in development to reduce solar penetration and increase access to prevailing breezes.

 

Materials of concrete, brick and zincalume or rendered walls must be painted and/or treated to reduce the impact of thermal heat load.

The development is using materials which are compliment the existing building and Broome-style architecture. 

Access

Where development is proposed that requires access to roads under the control of local government the local government may control the location, number, size and construction standards of local roads. Controlled access will apply to arterial roads shown on the Scheme Maps.

The extension will not impact upon existing access/egress points to the site.

Public Art

In accordance with LPP 8.20 – Provision of Public Art development is required to contribute a monetary amount equal to one per cent (1%) of the estimated total construction costs as indicated on the application for planning approval, for the development of public art work to enhance the public realm.

Development values is $150,000, therefore the provisions of the Policy are not applicable.

Parking

Land within the Scheme Area shall not be used or developed for any purposes unless car parking bays, bicycle racks and motorcycle bays are provided on site in accordance with Schedule 16.

 

Landscaping of external parking areas to reduce the heat retention of paved areas is to include landscaping in the form of shade treets at the rate of every 4 consecutive bays or 12m, which ever is the lesser.

See comments in officer section of the Council agenda item.

Landscaping

When considering an application, the local government is to determine whether any tree has landscape significance and should be retained.

 

A landscaping plan which details the retention of existing tree/s and proposed landscaping on site and within the abutting road reserve may be required as a condition of planning approval for developments.

The redesign of the car parking area will retain existing trees on site.

6.2

Plot Ratio

Schedule 15 / CDS

6.3

Site Coverage

Schedule 15 / CDS

6.6

Density

Schedule 15 / CDS

6.5

Landscaping

5.14/Schedule 15

6.5

Building Height

5.11

6.7

Car Parking

5.7

6.8

Service Areas

5.8

6.9

Noise

5.9

6.10

Architecture

5.12

6.11

Public Art

LPP 8.20

6.12

Access

5.10

Compatibility

7

Compatibility, Amenity and Relationship with Adjoining Land

Consider Site and Development requirements

10.2 (i), (n), (o)

The subject site is already developed for an office land use. The proposed extension is considered compatible.

 

 

 

 

 

The application has been referred to the State Heritage Office who have not raised any objections to the proposal.

 

The subject site is not known to have any cultural significance and standard advice notes in this regard would be recommended for incorporation into the approval.

 

The subject development is unlikely to result in a loss in community services or social issues.

 

 

The development is proposed on a lot which is already cleared of native vegetation and developed. The infill of the verandah is not considered to have any implications n this regard.

 

The subject site does not fall within the existing Flood Prone Land Special Control Area. Given the RL level of the site, is it not likely to be affected by inundation.

 

The development does not proposed any modifications to existing access/egress arrangements.

 

 

The site has adequate access to public utilities to support this development.

 

 

 

The application is a ‘P’ land use. In accordance with LPP 8.23 – Public Consultation – Planning Matter, the application does not require public consultation.

8

Heritage

Part 7

10.2(h)

9

Cultural Significance

 

10.2(k)

10

Social Issues and Community Services

10.2(j) & (z)

11

Natural Environment & Drainage

10.2 (d) (l) & (y)

 

12

Natural Hazards

 

 

10.2(m)

13

Access and Traffic

10.2 (p), (q), (r), (s), (u) & (v)

14

Public Utilities

10.2(t)

Consultation

15

Submissions & Anything Else

9.4

10.2 (aa),(bb) (dd) & (ee)

 


Item 9.2.4 - APPLICATION FOR PLANNING APPROVAL - EXTENSIONS TO OFFICES - LOT 70 (NO. 11) NAPIER TERRACE, BROOME

Attachment No 3 - Verge Parking Redesign

 

 


Agenda – Ordinary Meeting of Council 30 July 2015                                                                                   Page 243 of 244

 

9.2.5      PRELIMINARY HERITAGE ASSESSMENT FOR POTENTIAL REGIONAL RESOURCE RECOVERY PARK SITES ON ROEBUCK PLAINS PASTORAL STATION

LOCATION/ADDRESS:                            Roebuck Plains Pastoral Station

APPLICANT:                                              YAWURU

FILE:                                                           RRP01

AUTHOR:                                                   Director of Engineering Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director of Engineering Services

DISCLOSURE OF INTEREST:                     NIL

DATE OF REPORT:                                    9 July 2015

 

SUMMARY: The Regional Resource Recovery Park (RRRP) Sites of Interest Report has identified potential RRRP Sites on the Roebuck Plains Pastoral Station.  Native Title on Roebuck Plains Pastoral Station has been determined to be held exclusively by the Yawuru Community.

 

To further progress the selection of potential sites for the RRRP on the Roebuck Plains Pastoral Station, a preliminary heritage assessment needs be to undertaken.  A preliminary heritage assessment would involve site visits to potential RRRP sites by Yawuru Directors, a Yawuru Community meeting and an Outcomes Report, which would identify acceptable sites for the RRRP.

 

This report recommends that Council authorise the Chief Executive Officer to negotiate the scope and cost of a preliminary heritage assessment prior to engaging Yawuru to undertake the work. 

 

BACKGROUND

 

Previous Considerations

 

OMC 10 July 2010                          Item 9.3.14

OMC 7 July 2011                            Item 9.3.2

OMC 15 March 2012                    Item 9.2.9

OMC 29 November 2012             Item 9.3.2

 OMC 21 February 2013               Item 9.3.1

OMC 17 October 2013                 Item 9.3.1

OMC 25 September 2014            Item 9.3.1

 

At its meeting on 25 September 2014, Council considered an agenda item regarding the Community Engagement Plan for the Regional Resource Recovery Park Site Selection Study (Item 9.3.1) and resolved:

 

That Council:

 

1.          Endorses the Community Engagement Plan and Consultation Documents as attached to this report.

2.          Requests the Chief Executive Officer to implement the Community Engagement Plan.

3.          Requests the Chief Executive Officer to report back to Council to seek endorsement of the preferred site(s) prior to undertaking detailed site investigation.

 

The existing Buckleys Rd Waste Management Facility is rapidly approaching capacity and it is proposed to construct a new, best practice Regional Resource Recovery Park (RRRP).

 

Extensive Stakeholder and Community engagement on the RRRP Site Selection process has been undertaken.  The Shire has consulted with native title holders, represented by Yawuru Native Title Holders Aboriginal Corporation RNTBC (Yawuru RNTBC) and Nyamba Buru Yawuru Ltd (NBY), who are collectively known as Yawuru.

 

Details of Consultation

 

RRRP – Areas of Interest Report

Stakeholder submission period was from October to December 2014

Public submission period was from January to March 2015

 

RRRP – Sites of Interest Report

Stakeholder and Public submission period was from April to June 2015

 

At a Councillor workshop held on 7 July 2015 (attended by Councillors Campbell, Mitchell, Lewis and Male), the need to progress the detailed site investigations for the RRRP was again highlighted as critical.  Councillors were advised of the need to engage with Yawuru and undertake a preliminary heritage assessment for the RRRP Sites of Interest on Roebuck Plains Pastoral Station.

 

COMMENT

 

The site selection phase of the RRRP Project is nearing completion and the detailed site Investigation phase will be commencing soon.  The sites of interest for the RRRP are identified on the attached locality plan.  

 

Attachment 1: RRRP Sites of Interest – Locality Plan

 

Of the potential sites identified for the RRRP, Site D1 is the current “highest scoring” site, but this site does require further investigation to establish if there is any potential impacts on the aquifer used for the Broome and Coconut Well water supply.  Sites F3, H1 and G1 all have similar ratings in the Site Selection Study and are located on the Roebuck Plains Pastoral Station.

 

Attachment 2: RRRP Site Selection Study – Site Ratings

 

All of the 11 sites of interest are within the area of land to which the Yawuru Community has cultural and historic connections, and are within the outer boundaries of the Yawuru Determination (WCD 2006/1).

 

Site D1 is in an area where native title was determined to no longer exist, by reason of the Water Reserve (Reserve 25716) which covers the land.  The other high scoring sites (F3, H1 and G1) are all on Roebuck Plains Pastoral Station, where Native Title has been determined to be held by the Yawuru Community on an exclusive possession basis.  In order to satisfy the requirements of the Native Title Act 1993, any use or development of that land should be done only after consultation with the Yawuru Community.

 

For the RRRP to be constructed on the Roebuck Plains Pastoral Station, part of the pastoral lease would need to be surrendered and a new tenure (freehold, lease or reserve) would need to be created.  This would mean that an Indigenous Land Use Agreement (ILUA) would need to be entered into between the Shire and Yawuru for the land.

 

Following consultation with Yawuru regarding a process to confirm suitable sites for the RRRP on Roebuck Plains Pastoral Station, it is proposed to undertake a Preliminary Heritage Assessment.

 

Preliminary Heritage Assessment for the RRRP Sites of Interest

 

Yawuru have proposed the following process to address native title issues and obtain Yawuru Community agreement on the preferred sites on Roebuck Plains Pastoral Station:-

 

1.          A visit to the general area of the main sites of interest by Yawuru RNTBC Directors and Yawuru Law Bosses;

 

2.          An initial community meeting where the Yawuru Community is presented with the site selection process (in brief) followed by discussions about:

a.          The findings of the site visit;

b.          The views of the Yawuru Land & Sea group, particularly with respect to the proposed Indigenous Protected Area over parts of Roebuck Plains Station;

c.          The views of NBY (and ILC) as to the potential commercial impacts on the Roebuck Plains pastoral lease.

 

The Yawuru Community will be asked whether any of the sites of interest would be unacceptable on native title grounds and will be asked to nominate at least two sites which would be acceptable for a RRRP.  A report on the outcomes of the community meeting would be presented to the Shire.  Yawuru have provided indicative budgets to undertake the work as detailed in the financial section of this report.

 

Attachment 3 – Yawuru Indicative Budgets

 

Detailed Site Investigations on the two preferred RRRP Sites

 

Based on the outcome of the community and stakeholder engagement, a report will be presented to Council recommending the two preferred sites for detailed site investigation.

 

The first phase of the detailed site investigation will involve engaging Yawuru to undertake a heritage survey on the two sites.  Indicative costs for the heritage surveys are included in the financial section of this report.  Other site investigations would include a contour survey, flora & fauna survey, geotechnical and hydrogeology.

 

Based on the outcome of the detailed site investigations, a report would be presented to Council recommending a preferred site for the construction of the RRRP. 

 

In the event that Site D1 was selected as the preferred RRRP site, the engagement process with Yawuru would be concluded.  However, if the preferred RRRP site was on the Roebuck Plains Pastoral Station, an Indigenous Land Use Agreement (ILUA) would need to be negotiated with Yawuru.

 

Negotiation of an ILUA

 

Preliminary advice from Yawuru has indicated that the process to negotiate an ILUA for a RRRP site on Roebuck Pastoral Stations would be as follows:-

 

1.          Negotiations between the Shire and Yawuru over the terms on which the Yawuru Community might agree to surrender or suppress native title over the final RRRP site;

 

2.          Drafting of an Indigenous Land Use Agreement;

 

3.          A further meeting of the Yawuru Community to present the outcomes of the negotiation and, to obtain consent for the ILUA.

 

Yawuru holds the Roebuck Plains Pastoral Lease.  The Pastoral Lease is sub-leased to the Indigenous Lands Corporation (ILC) on commercial terms.  The surrender of any portion of the Pastoral Lease for the purposes of an RRRP will necessarily impact the sub lease.  As such, ILC will need to be involved in the ILUA negotiation.

 

The Department of Lands would also need to be involved to approve the surrender of any portion of the pastoral lease and the creation of the tenure needed for the RRRP.

 

The length of time required to undertake the commercial negotiations and native title negotiations will depend on a number of factors which are difficult to predict.  The costs associated with these negotiations are also difficult to predict.

 

Timelines

 

Yawuru have indicated an 8 week timeline for the preliminary heritage assessment process:-

 

Within 4 weeks of engagement, Yawuru will arrange for Directors of Yawuru RNTBC and key members of the Yawuru Community to undertake a visit to the proposed RRRP Sites on the Roebuck Plains Pastoral Station.

 

Within 2 weeks of the site visits, a Yawuru Community Meeting will be held.

 

Within 2 weeks of the Yawuru Community Meeting being held, Yawuru will provide the Shire with a statement of the outcomes of the Yawuru Community Meeting (Outcomes Report).

 

The timeline for the RRRP project requires the new facility to be operational within three years.  To meet this critical timeline, Officers recommend that Yawuru are engaged to undertake a preliminary heritage assessment.  Yawuru confirmation of acceptable sites for the RRRP on the Roebuck Plains Pastoral Station will confirm potential sites for detailed site investigations.

 

Heritage surveys on the two preferred RRRP Sites will occur within the Detailed Site Investigations phase of the RRRP project timeline.

 

Yawuru Request for Costs to Date

 

Yawuru does not receive any external funding to cover its costs expended on engagement in the RRRP site selection process and have advised that engaging in the project is a impost on Yawuru’s resources.  Accordingly, Yawuru have requested reimbursement for its costs to date (staff time) for engaging with the Shire on this issue.

 

CONSULTATION

 

Yawuru

 

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

Local Government Act 1995

Land Administration Act 1997

 

FINANCIAL IMPLICATIONS

 

The table below outlines costs involved to undertake a preliminary heritage assessment:

 

Service: Preliminary Heritage Assessment for potential RRRRP Sites on the Roebuck Plains Pastoral Station

 

Activities

Costs (GST exc)

Remarks

Yawuru engagement costs to date

$11,247.50

 To engage in the RRRP Site Selection Process

Yawuru visit to sites

$17,165.14

Yawuru Directors and Staff

Community Consultation Meeting

$11,467.27

Yawuru Community meeting and outcomes report

TOTAL

$39,879.91

 

 

The table below outlines funding sources for the preliminary heritage assessment.

 

Funding Source:

 

Funding Type

Expense

Funding Details

Account Number

Shire Budget

$39,879.91

New Refuse Site Exp – Op Exp

108001

TOTAL

$39,879.91

 

 

 

The cost of the preliminary heritage assessment is within the budget.  The available budget for the RRRP Site Investigation in the Draft 2015/16 Annual Budget is $600,000.

 

The table below outlines the cost to undertake heritage assessments on 2 potential RRRP Sites.

 

Service: Heritage Surveys on two potential RRRP Sites

 

Activity

Costs (GST exc)

Remarks

Heritage Survey

$20,790.28

2 heritage surveys undertaken

TOTAL

$20,790.28

 

 

The cost of the Yawuru Heritage Surveys on two potential RRRP sites is included within the proposed RRRP Site Investigation budget for 2015/16.

 

RISK

 

The risk of not undertaking a preliminary heritage assessment on the potential RRRRP Sites which are located on the Roebuck Plains Pastoral Station and the subsequent increase in the length of time to confirm suitable sites for the RRRP will be assessed.

 

Insufficient engagement with Yawuru regarding acceptable sites for the RRRP on the Roebuck Plains Pastoral Station could lead to significant delays to major deliverables.  The impact of this is considered Moderate.

 

The likelihood that significant delays will occur to major deliverables if there is insufficient engagement with Yawuru.  The likelihood is assessed as Almost certain.

 

From the Risk Ranking table below, this will result in an Extreme risk, resulting in intervention being required.

 

The intervention recommended is to continue to engage with Yawuru and to progress a preliminary heritage assessment of the potential RRRP Sites on the Roebuck Plains Pastoral Station.  This will be reduced the risk of delays to low.

 

Almost Certain

H

H

E

E

E

Likely

M

H

H

E

E

Possible

L

M

H

E

E

Unlikely

L

L

M

H

E

Rare

L

L

M

H

H

Likelihood

Insignificant

Minor

Moderate

Major

Catastrophic

and Impact

Legend

Remedial Outcome

E

Extreme Risk - Immediate intervention required

H

High Risk - Director or CEO must be informed and aware

M

Medium Risk - Management responsibility to monitor 

L

Low Risk - Operationally address

Frequency

Likelihood of Incident Occurring

Almost Certain

Expected to occur in most circumstances

More than once per year

Likely

Will probably occur in most circumstances

At lease once per year

Possible

Should occur at some time

At least once in three years

Unlikely

Could occur at some time

At least once in ten years

Rare

May occur, only in exceptional circumstances

Less than once in fifteen years

 

Level

Description

Financial Impact

Health

Reputation

Operation

1

Insignificant

Less than $1,000

No injuries

Unsubstantiated, low impact, low profile or no news item

Little impact

2

Low

$1,000 to $10,000

First aid treatment

Substantiated, low impact, low media profile

Inconvenient delays

3

Medium

$10,000 to $50,000

Medical treatment

Substantiated, public embarrassment, moderate impact, moderate media profile

Significant delays to major deliverables

4

High

$50,000 to $150,000

Death or extensive injuries

Substantiated, public embarrassment, high impact media profile, third party actions

Non achievement of major deliverables.

5

Extreme

More than $150,000

Multiple deaths or severe permanent disablements

Substantiated, public embarrassment, very high multiple impacts, high widespread multiple media interactivity, third party action.

Non achievement of key objectives.

 

STRATEGIC IMPLICATIONS  

 

Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:

 

Effective communication

 

Affordable services and initiatives to satisfy community need

 

A healthy and safe environment

 

Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:

 

Realistic and sustainable land use strategies for the Shire within state and national frameworks and in consultation with the community

 

Our Prosperity Goal – Create the means to enable local jobs creation and lifestyle affordability for the current and future population:

 

Affordable and equitable services and infrastructure

 

Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:

 

Responsible resource allocation

 

Effective community engagement

 

VOTING REQUIREMENTS

Simple Majority

 

 

REPORT RECOMMENDATION:

 

That Council:

 

1.       Notes:

 

a.        The Regional Resource Recovery Park Sites of Interest Report has identified potential Sites on the Roebuck Plains Pastoral Station.

b.        That Native Title on the Roebuck Plains Pastoral Station has been determined to be held exclusively by the Yawuru Community.

 

2.       Authorise the Chief Executive Officer to:

 

a.        Negotiate with Yawuru on the scope and cost to undertake a preliminary heritage assessment for potential Regional Resource Recovery Park Sites on the   Roebuck Plains Pastoral Station.

 

b.        Engage Yawuru to undertake a preliminary heritage assessment to identify acceptable sites for the Regional Resource Recovery Park on the Roebuck Plains Pastoral Station, following successful negotiations on scope and cost. 

 

3.       Acknowledge the importance of progressing the Regional Resource Recovery Park Site selection process and identifying potential sites for detailed site investigations.

 

 

Attachments

1.

Attachment 1 - Plan of RRRP Sites of Interest

2.

Attachment 2- RRRP Ranking of Sites of Interest

3.

Attachment 3- Indicative Preliminary Heritage Assessment Costs (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”.

  


Item 9.2.5 - PRELIMINARY HERITAGE ASSESSMENT FOR POTENTIAL REGIONAL RESOURCE RECOVERY PARK SITES ON ROEBUCK PLAINS PASTORAL STATION 

Attachment 1 - Plan of RRRP Sites of Interest

 

 


Item 9.2.5 - PRELIMINARY HERITAGE ASSESSMENT FOR POTENTIAL REGIONAL RESOURCE RECOVERY PARK SITES ON ROEBUCK PLAINS PASTORAL STATION 

Attachment 2- RRRP Ranking of Sites of Interest

 

 


Agenda – Ordinary Meeting of Council 30 July 2015                                                                                   Page 253 of 254

 

9.2.6      BROOME GOLF COURSE – PRELIMINARY SITE INVESTIGATION

LOCATION/ADDRESS:                            Broome Golf Course, Port Drive, Broome

APPLICANT:                                              Nil

FILE:                                                           WRT001

AUTHOR:                                                   Director of Engineering Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director of Engineering Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    13 July 2015

 

SUMMARY:         Broome Golf Course has been classified by Department of Environment Regulation as “possibly contaminated – investigation required”.  This classification requires the Shire to undertake site investigation work to determine the extent of any potential groundwater contamination.

The Broome South Waste Water Treatment Plant has been classified by Department of Environment Regulations as “contaminated – remediation required”.  This classification requires Water Corporation to undertake site investigation work to determine appropriate remedial actions.

Water Corporation has offered to extend the scope of the groundwater investigation for the Broome South Waste Water Treatment Plant to include the Golf Course.

This report recommends that a preliminary site investigation be undertaken on the Golf Course and requests Council to authorise the Chief Executive Officer to negotiate a draft Groundwater Investigation Agreement with Water Corporation.

 

 

BACKGROUND

 

Previous Considerations

 

Nil

 

Broome Golf Course is on Reserve 29300.  This reserve is vested with the Shire of Broome with a management order for the purpose of public recreation – golf course and it includes the power to lease for up to 21years.

 

On 22 September 1997, the Shire of Broome entered into an Effluent Supply Deed with the Water Corporation for the supply of recycled water for use on the Broome Golf Course.  Since this date, recycled water has been used for the irrigation of the Golf Course.

 

COMMENT

 

In a letter dated 10 April 2015, the Department of Environment Regulation (DER) advised the Shire that the Broome Golf Course had been classified as “possibly contaminated – investigation required” and the Broome South Waste Water Treatment Plant (WWTP) had been classified as “contaminated – remediation required”.

 

Attachment A: Letter from Department of Environment Regulation

 

The definition of contamination is that a substance is present in or on the land, water or site above background levels and it presents a risk to human health, the environment or any environmental value.

 

Both the Golf Course site and the WWTP are classified as source sites.  This means that contamination is deemed to be affecting land or the environment beyond their respective property boundaries.  Being named a source site increases the risk ranking of a site and the priority that needs to apply to the site.  Both sites have been identified as high priority by DER.  This means that DER will want to know that the Shire and Water Corporation are undertaking the actions in the classifications within a reasonable timeframe.  

 

It should be noted that there are a number of land parcels hydraulically down gradient of both sites and these have also been classified as “possibly contaminated – investigation required”.  These are classified as affected sites.  Affected sites need to be investigated with any remediated action being undertaken by the owners of the source sites.

 

Contaminated Sites Act 2003

 

It is worth noting that there are substantial fines under the Contaminated Sites Act 2003 as follows:-.

·    For not reporting a known or suspected site – the fines are up to $250,000 and $50,000 a day (For a Body Corporate).  

·    For taking no action on sites after DER give an investigation or clean up notice - the fines for not complying with that notice are up to $500,000 and $50,000 a day. (For a Body Corporate).  

 

Golf Course Classification

 

In summary, DER has reviewed enough evidence to believe the Golf Course site is possibly causing groundwater contamination.  To determine the extent of contamination, groundwater investigations and an assessment of local Hydrogeological conditions are required.  The first step in this investigation is to undertake a Preliminary Site Investigation, which is a desktop assessment of the site.

 

Attachment B: URS Proposal for a Preliminary Site Investigation

 

It should be noted that there may be a requirement to investigate heavy metals, endocrine disrupting compounds and nutrient impacts on the Golf Course soil.  The requirement to undertake this level of investigation can not be determined until the preliminary site work is completed and more is understood about the Golf Course site.

 

The Golf Course Management (Broome Golf Course Inc) has developed and is implementing a Nutrient Irrigation Management Plan for the site.  This Plan ensures that irrigation does not contribute any further nutrients to the aquifer beneath the site.  This is a required action of the DER.

 

The DER also requires that all site investigation works needs to be overseen by a WA accredited Contaminated Sites Auditor.

 

Moving Forward

 

Water Corporation is required to undertake groundwater investigations and to assess the environmental impacts of the WWTP on Roebuck Bay.

 

During preliminary discussions, Water Corporation has offered to expand the scope of their ground water investigations for the WWTP to cover the Golf Course.  However, this offer does not mean that Water Corporation will accept any responsibility for remediation of any contamination caused by the Golf Course’s irrigation activities.  Water Corporation has also advised that the decision to undertake any remediation will only be determined once investigations have been completed.

 

The details of the draft Groundwater Investigation Agreement need to be progressed between the Shire and Water Corporation.

 

Stages of the Proposed Contaminated Site Investigations.

 

STAGE

FUNDED BY

STATUS

WWTP Preliminary Site Investigation – Desktop review of the site and operations

Water Corp

Water Corporation Preliminary Site Investigation drafted and currently with Auditor for review.

Golf Course Preliminary Site Investigation – Desktop review of the site and operations

Shire of Broome

Not started.

Development of Sampling and Analysis Plan for WWTP

Water Corporation

Currently scoping.

Implementation of Detailed Site Investigation

 

 

*  Groundwater well installation and monitoring

Water Corporation

Currently scoping.  (Opportunity to include Golf Course)

  *  Soil sampling across golf course

Shire of Broome

The requirement to undertake soil sampling will be determined in consultation with Auditor

Endocrine Disruptor work  - work underway as part of research project

Water Corporation

In progress, one round completed.

 *    Additional Endocrine Disruptor work, if required.

To be negotiated (Shire/ Water Corp)

The requirement to undertake additional Endocrine Distributor work will be determined in consultation with Auditor 

Contaminated Sites Auditor – to oversee project

Water Corporation

Jason Clay from Aecom has been engaged

 

Officers recommend that the Shire undertake a Preliminary Site Investigation for the Broome Golf Course and authorise the CEO to negotiate a draft Groundwater Investigation Agreement with Water Corporation.

CONSULTATION

 

Water Corporation

Department of Environment Regulation

 

STATUTORY ENVIRONMENT

 

Contaminated Sites Act 2003.

Local Government Act 1995

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

The table below outlines the costs involved in the project:

Service: Preliminary Site Investigation for Broome Golf Course

Service

Start Up Cost (GST exc.)

Remarks

Environmental Consultant

$12,320

Quotation from URS

TOTAL

 

$12,230

 

 

The table below outlines the funding source for the project costs.

Funding Source: Preliminary Site Investigation for Broome Golf Course

 

Funding Type

Project Expense

Funding Details

Account Number

Budget

$12,230

Broome Golf Club Maintenance and Operating Expenses – Op Exp

146031

TOTAL

$12,230

 

 

 

It should be noted that there is only $8,600 available in the Broome Golf Club Maintenance and Operating Expenses – Op Exp Account (146031) in the Draft 2015/16 Annual Budget.  It is proposed to seek to offset the expenditure for the Preliminary Site Investigation at the 1st Quarter Finance and Costing Review.

 

RISK

 

The risk of not progressing ground water investigation and assessment of local Hydrogeological conditions (i.e. Stage 1 – Preliminary Site Investigation) as notified by the Department of Environment Regulation will be assessed.

 

Under the Contaminated Sites Act 2003, the fine for not complying with a DER Investigation Notice are up to $500,000.  The impact of this fine to the Shire is Catastrophic.

 

The likelihood that DER would impose a fine on the Shire if it did not comply with the Investigation Notice is Possible.

 

The resulting risk (as shown in the table below) to the Shire of not undertaking a Preliminary Contaminated Site Investigations is Extreme.  This level of risk requires immediate intervention.

 

Officers recommend that a Preliminary Contaminated Site Investigation be undertaken as it will reduce the risk of a fine on the Shire to Low.

 

Almost Certain

H

H

E

E

E

Likely

M

H

H

E

E

Possible

L

M

H

E

E

Unlikely

L

L

M

H

E

Rare

L

L

M

H

H

Likelihood

Insignificant

Minor

Moderate

Major

Catastrophic

and Impact

Legend

Remedial Outcome

E

Extreme Risk - Immediate intervention required

H

High Risk - Director or CEO must be informed and aware

M

Medium Risk - Management responsibility to monitor 

L

Low Risk - Operationally address

Frequency

Likelihood of Incident Occurring

Almost Certain

Expected to occur in most circumstances

More than once per year

Likely

Will probably occur in most circumstances

At lease once per year

Possible

Should occur at some time

At least once in three years

Unlikely

Could occur at some time

At least once in ten years

Rare

May occur, only in exceptional circumstances

Less than once in fifteen years

 

Level

Description

Financial Impact

Health

Reputation

Operation

1

Insignificant

Less than $1,000

No injuries

Unsubstantiated, low impact, low profile or no news item

Little impact

2

Low

$1,000 to $10,000

First aid treatment

Substantiated, low impact, low media profile

Inconvenient delays

3

Medium

$10,000 to $50,000

Medical treatment

Substantiated, public embarrassment, moderate impact, moderate media profile

Significant delays to major deliverables

4

High

$50,000 to $150,000

Death or extensive injuries

Substantiated, public embarrassment, high impact media profile, third party actions

Non achievement of major deliverables.

5

Extreme

More than $150,000

Multiple deaths or severe permanent disablements

Substantiated, public embarrassment, very high multiple impacts, high widespread multiple media interactivity, third party action.

Non achievement of key objectives.

 

STRATEGIC IMPLICATIONS  

 

Our People Goal – Foster a community environment that is accessible, affordable, inclusive, healthy and safe:

 

Participation in recreational activity

 

A healthy and safe environment

 

Our Place Goal – Help to protect the nature and built environment and cultural heritage of Broome whilst recognising the unique sense of the place:

 

Retention and expansion of Broome’s iconic tourism assets and reputation

 

Best practice asset management to optimise Shires’ infrastructure whilst minimising life cycle costs.

 

Our Prosperity Goal – Create the means to enable local jobs creation and lifestyle affordability for the current and future population:

 

Affordable and equitable services and infrastructure

 

Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs of a growing community:

 

Responsible resource allocation

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Notes the following:-

(a)        The Broome Golf Course Site has been classified as “possibly contaminated – investigation required” by the Department of Environment Regulation.

(b)        A Nutrient Irrigation Management Plan has been developed for the Broome Golf Course and is currently being implemented by Broome Golf Club Management.

(c)        Groundwater investigations and an assessment of local hydrogeological conditions of the Broome Golf Course Site are required by Department of Environment Regulation.

(d)        Water Corporation have offered to extend the scope of their groundwater investigations and assessment of local hydrogeological conditions for the Broome South Waste Water Treatment Plant to include the Broome Golf Course.

2.          Recognise the requirement to engage a consultant to undertake a Preliminary Site Investigation for the Broome Golf Course at a cost of $12,230 and authorise this expenditure from the Broome Golf Course Maintenance and Operating Expenses – Op Exp account (146031) within the Draft 2015/16 Annual Budget, and seek to offset this expenditure at the 1st Quarter Financial and Costing Review.

3.          Authorise the Chief Executive Officer to negotiate a draft agreement with Water Corporation to extend the scope of the groundwater investigations and the assessment of local hydrogeological conditions for the Broome South Waste Water Treatment Plant to include the Broome Golf Course, and to bring the draft agreement back to Council for consideration.

(Absolute Majority Required)

 

Attachments

1.

Attachment 1- Letter from Department of Environment Regulation

2.

Attachment 2- URS Proposal for a Preliminary Site Investigation

  


Item 9.2.6 - BROOME GOLF COURSE – PRELIMINARY SITE INVESTIGATION

Attachment 1- Letter from Department of Environment Regulation

 

 


 


 


 


 


 


 


 


 


 


 


Item 9.2.6 - BROOME GOLF COURSE – PRELIMINARY SITE INVESTIGATION

Attachment 2- URS Proposal for a Preliminary Site Investigation

 

 


 


 


 


 


 


 


Item 9.2.6 - BROOME GOLF COURSE – PRELIMINARY SITE INVESTIGATION

Attachment 2- URS Proposal for a Preliminary Site Investigation

 

 


Item 9.2.6 - BROOME GOLF COURSE – PRELIMINARY SITE INVESTIGATION

Attachment 2- URS Proposal for a Preliminary Site Investigation

 

 


 


 


 


 


Item 9.2.6 - BROOME GOLF COURSE – PRELIMINARY SITE INVESTIGATION

Attachment 2- URS Proposal for a Preliminary Site Investigation

 

 


Item 9.2.6 - BROOME GOLF COURSE – PRELIMINARY SITE INVESTIGATION

Attachment 2- URS Proposal for a Preliminary Site Investigation

 

 


 


 


 


 


 


 


 


 


 


 


 

 


 

9.3

Our Prosperity

 

clip_image002

 

PRIORITY STATEMENT

 

Our region has grown significantly over the past years in terms of population, economy and industry – this will continue!  Balancing ecological sustainability with economic growth and retaining the ‘look and feel’ of Broome and its environs are an ongoing challenge for the region.  Encouraging appropriate investment and business development opportunities to ensure a strong, diverse economic base is essential for community prosperity and the success of our future generations.

 

Focusing on developing clear pathways linking education with employment for our youth and the community at large is essential as we aim to retain our local people and continue to build a skilled and highly motivated workforce.

 

Business and Industry partnerships must be fostered to ensure sustainable economic growth is achieved, along with the provision of affordable and equitable services and infrastructure.  Ensuring development meets community needs and legislative requirements whilst creating close community relationships and enhancing our understanding of local heritage and cultural issues will continue to be a major focus.  The built environment must contribute to the economy, long term viability of the region and provide a quality lifestyle for all.


Agenda – Ordinary Meeting of Council 30 July 2015                                                                                   Page 297 of 298

There are no reports in this section. 


 

9.4

Our Organisation

 

IMG_1865

 

PRIORITY STATEMENT

 

Council will strive to create an environment where local governance is delivered in an open and accountable manner; where we provide leadership to the region in such areas as planning and financial management; where the community has the opportunity to contribute to the Council’s decision making thereby fostering ownership of strategies and initiatives.

 

In delivering open, accountable and inclusive governance, we will be ever mindful that we operate within a highly regulated environment that requires a high level of compliance.

 

Council will strive to be the conduit between the other spheres of government and the community, translating State and Federal law, policy and practice into customer focussed, on ground service delivery that support’s Broome’s unique lifestyle.

 

The Region is experiencing significant change with Council dedicated to sound governance, effective leadership and innovation, and high quality services.  Building organisational capacity is a priority with a commitment to delivering services to the community in a sustainable, effective and accountable way.


Agenda – Ordinary Meeting of Council 30 July 2015                                                                                   Page 299 of 300

 

9.4.1      PAYMENTS - JUNE 2015

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Finance Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    15 July 2015

 

SUMMARY:         This report recommends that Council adopts the list of payments made under delegated authority, as per the attachment to this report, June 2015.

 

BACKGROUND

 

Previous Considerations

 

Nil

 

COMMENT

 

The Chief Executive Officer (CEO) has delegated authority to make payments from the Municipal and Trust funds in accordance with budget allocations.

 

The Shire provides payments to suppliers by either Electronic Funds Transfer (EFT), cheque, credit card or direct debit.

 

Attached is a list of all payments processed under delegated authority during June, 2015.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulations 1996

 

13.     Lists of accounts

(1)         If the local government has delegated to the CEO the exercise of its power to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared —

(a)        the payee’s name;

(b)        the amount of the payment;

(c)        the date of the payment; and

(d)        sufficient information to identify the transaction.

 

(3)         A list prepared under sub regulation (1) is to be —

(a)        presented to the council at the next ordinary meeting of the council after the list is prepared; and

(b)        recorded in the minutes of that meeting.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

List of payments made in accordance with budget and delegated authority.

 

STRATEGIC IMPLICATIONS

Our Organisation Goal – Continually enhance the Shire’s organisational capacity to service the needs or a growing community:

 

An organisational culture that strives for service excellence.

 

Sustainable and integrated strategic and operational plans.

 

Responsible resource allocation.

 

Effective community engagement.

 

Retention and attraction of staff.

 

Improved systems, processes and compliance.

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

 

That Council records the accounts as paid under delegated authority for June 2015, totalling $3,982,524.50, as attached, covering:

 

·    EFT Vouchers 31023-31421 totalling $3,780,022.92;

·    Municipal Cheque Vouchers 57306-57327 totalling $55,081.78;

·    Trust Cheque Voucher 3399-3399 totalling $3,880.81 and

·    Municipal Direct Debits 18620.1-18729.17 totalling $143,538.99

 

 

Attachments

1.

PAYMENTS - JUNE 2015

  


Item 9.4.1 - PAYMENTS - JUNE 2015

PAYMENTS - JUNE 2015

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Agenda – Ordinary Meeting of Council 30 July 2015                                                                                   Page 322 of 323

 

9.4.2      MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT - JUNE 2015

LOCATION/ADDRESS:                            Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Senior Finance Officer

CONTRIBUTOR/S:                                    Manager Financial Services 

RESPONSIBLE OFFICER:                          Director Corporate Services

DISCLOSURE OF INTEREST:                     Nil

DATE OF REPORT:                                    8 July 2015

 

SUMMARY:         Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 30 June 2015, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996.

Council is further provided with a General Fund Summary of Financial Activity (Schedules 2 to 14) which provides comprehensive information on Council’s Operations by Function and Activity.

 

BACKGROUND

 

Previous Considerations

 

Council is provided with the Monthly Financial Activity Report which has been developed in line with statutory reporting standards and provides Council with a holistic overview of the operations of the Shire of Broome.

 

The report is to include a comparison of actual results with budget estimates and a summary of the net assets at the end of the month to which the statement relates. Material variances between the actual revenue and expenditure and the comparable year to date budget estimates should be investigated and included in a report, along with the reasons for the variances. There needs to be an explanation of the composition of the net current assets at the end of the month to which the statement relates less committed and restricted assets. Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the Australian Accounting Standards, to be used in statements of financial activity for reporting material variances. The monthly Statement of Financial Activity is to be presented to Council at an Ordinary meeting of the Council within 2 months after the end of the month to which the statement relates.

 

Supplementary information bas been provided in the form of a General Fund Summary of Financial Activity, which discloses Council’s Revenue and Expenditure in summary form, by Programme (Function and Activity).

 

COMMENT

 

The following are key indicators supporting the year to-date budget position with respect to the Annual Forecast Budget:

 

Budget Year elapsed                       100%

Total Rates Raised Revenue            100% (of which 98% has been paid)

Total Other Operating Revenue     107%

Total Operating Expenditure           92%

Total Capital Revenue                      93%

Total Capital Expenditure                 60%

Total Sale of Assets Revenue          79%

 

There were a number of budget amendments processed in November, February and May as part of the Quarterly Finance and Costing Review (FACR). The statutory mid-year review was held as part of the 2nd Quarter FACR. The amendments from the 1st, 2nd and 3rd Quarter FACR are recorded in the minutes of the Audit Committee meeting held 13 November 2014, 10 February 2015 and 12 May 2015 respectively. Additionally, amendments have been made since budget adoption, which further impact upon the forecast end-of-year position.

 

The net impact of all budget amendments reported to Council by 30 June 2015 is a predicted budget surplus of $10,630. 

 

More detailed explanations of variances are contained in the notes to the monthly statement of financial activity. The commentary identifies significant variations between the expected year-to-date budget position and the position at the reporting date.

 

CONSULTATION

 

Nil

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulations 1996

 

34. Financial activity statement report — s. 6.4

1A)       In this regulation —

“committed assets” means revenue unspent but set aside under the annual budget for a specific purpose.

1)          A local government is to prepare each month a statement of financial activity reporting on the sources and applications of funds, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail —

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

b)          budget estimates to the end of the month to which the statement relates;

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

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

e)          the net current assets at the end of the month to which the statement relates

 

2)          Each statement of financial activity is to be accompanied by documents containing —

a)          an explanation of the composition of the net current assets of the month to which the statement relates, less committed assets and restricted assets;

b)          an explanation of each of the material variances referred to in subregulation (1)(d); and

c)          such other supporting information as is considered relevant by the local government.

 

3)          The information in a statement of financial activity may be shown —

a)          according to nature and type classification;

b)          by program; or

c)          by business unit.

 

4)          A statement of financial activity, and the accompanying documents referred to in subregulation (2), are to be —

a)          presented at an ordinary meeting of the council within 2 months after the end of the month to which the statement relates; and